Author Archives: Sheila

Flooding The Zone

Times are tough for us Free Speech defenders ….

It’s bad enough that so few Americans understand either the protections or the limitations of the First Amendment’s Free Speech provisions. Fewer still can distinguish between hate speech and hate crimes. And even lawyers dedicated to the protection of our constitutional right to publicly opine and debate recognize the existence of grey zones.

When the Internet first became ubiquitous, I celebrated this new mechanism for expression. I saw it as a welcome new development in the “marketplace of ideas.”  What I didn’t see was its potential for the spread of deliberate propaganda.

Color me disabused.

Steve Bannon coined the phrase that explains what we are seeing: “flooding the zone with shit.” Rather than inventing a story to counter explanations with which one disagrees, the new approach–facilitated by bots and AI– simply produces immense amounts of conflicting and phony “information” which is then uploaded to social media and other sites.  The goal is no longer to make people believe “story A” rather than “story B.” The goal is to create a population that no longer knows what to believe.

It’s a tactic that has infected American politics and made governing close to impossible–but it is not a tactic confined to the U.S. It’s global.

Heather Cox Richardson has summed up the resulting threat:

A report published last week by the European Commission, the body that governs the European Union, says that when X, the company formerly known as Twitter, got rid of its safety standards, Russian disinformation on the site took off. Lies about Russia’s war against Ukraine spread to at least 165 million people in the E.U. and allied countries like the U.S., and garnered at least 16 billion views. The study found that Instagram, Telegram, and Facebook, all owned by Meta, also spread pro-Kremlin propaganda that uses hate speech and boosts extremists.

The report concluded that “the Kremlin’s ongoing disinformation campaign not only forms an integral part of Russia’s military agenda, but also causes risks to public security, fundamental rights and electoral processes” in the E.U. The report’s conclusions also apply to the U.S., where the far right is working to undermine U.S. support for Ukraine by claiming—falsely—that U.S. aid to Ukraine means the Biden administration is neglecting emergencies at home, like the fires last month in Maui.

Russian operatives famously flooded social media with disinformation to influence the 2016 U.S. election, and by 2022 the Federal Bureau of Investigation (FBI) warned that China had gotten into the act. Today, analyst Clint Watts of Microsoft reported that in the last year, China has honed its ability to generate artificial images that appear to be U.S. voters, using them to stoke “controversy along racial, economic, and ideological lines.” It uses social media accounts to post divisive, AI-created images that attack political figures and iconic U.S. symbols.

Once upon a time, America could depend upon two large oceans to protect us from threats from abroad. Those days are long gone, and our contemporary isolationists–who refuse to understand, for example, how Russia’s invasion of Ukraine could affect us–utterly fail to recognize that opposing our new global reality  doesn’t make it go away.

The internet makes it possible to deliver disinformation on a scale never previously available–or imagined. And it poses a very real problem for those of us who defend freedom of speech, because most of the proposed “remedies” I’ve seen would make things worse.

This nation’s Founders weren’t naive; they understood that ideas are powerful, and that  bad ideas can do real harm. They opted for freedom of speech–defined in our system as freedom from government censorship– because they also recognized that allowing government to decide which ideas could be exchanged would be much more harmful.

I still agree with the Founders’ decision, but even if I didn’t, current communication technology has largely made government control impossible. (I still recall a conversation I had with two students at a Chinese university that had invited me to speak. I asked them about China’s control of the Internet and they laughed, telling me that any “tech savvy” person could evade state controls–and that many did. And that was some 18 years ago.)

At this poiint, we have to depend upon those who manage social media platforms to monitor what their users post, which is why egomaniacs like Elon Musk–who champions a “free speech” he clearly doesn’t understand–are so dangerous.

Ultimately, we will have to depend upon the ability of the public to separate the wheat from the chaff–and the ability to do that requires a level of civic literacy that has thus far eluded us….

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How Has It Come To This?

I’ve posted a lot about electoral structures that are currently enabling a distinct minority of Americans to govern the rest of us. One of those systematic distortions–gerrymandering–has been enabled by a judiciary unwilling to say what we all can see: that the practice is contrary to “one person, one vote” and thus the Constitution.

What’s relatively new is the willingness of the GOP to publicly defend its attacks on democracy.

In Wisconsin, Republicans have benefitted from a combination of extreme gerrymandering and the political complicity of a state Supreme Court dominated by Rightwing judges. A liberal judge just won a seat on that body (by a surprisingly large margin in a state where close elections have been the norm), and Republicans threatened to impeach her–before she can participate in a single case.

As an essay in the Guardian explains:

In 2011, Republicans gerrymandered Wisconsin’s state legislature so badly that the party can win supermajorities despite losing the popular vote, as it did in 2018. Voters have fought back, and earlier this year they elected Janet Protasiewicz to the state supreme court, ushering in a new liberal majority which looked poised to finally overturn the gerrymander and bring democratic regime change to Madison.

But Wisconsin Republicans have no intention of seeing their undeserved power slip away. They’re proposing to impeach Protasiewicz on spurious charges before she has ruled on a single case, paralyzing the court and leaving the gerrymander intact.

When Trump argued that he was the real winner of the election because the votes of people living in Democratic-leaning urban areas were somehow fraudulent and should not count, he was repeating arguments that Wisconsin Republicans had already honed. The speaker of the state assembly, Robin Vos, has explained that the state’s gerrymander is fair because “if you took Madison and Milwaukee out of the state election formula, we would have a clear majority”. Because Madison and Milwaukee are the parts of the state with the largest concentration of non-white voters, Vos has revealed what the Wisconsin gerrymander is really about: race.

No surprise there. The urban/rural divide isn’t just about racism, but rural racial grievance explains a lot.

Per Talking Points Memo, the election of a liberal judge to the state’s high court infuriated the beneficiaries of Wisconsin’s undemocratic gerrymandering.

For months, Republicans have been plotting how best to overturn her election, as two redistricting lawsuits were immediately filed at the state’s high court. In recent weeks, they’ve been coalescing around impeaching her, settling on the rationale that she called the state’s maps “rigged.” Notably, state Republicans have not brought the same ire to Justices Rebecca Bradley and Brian Hagedorn continuing to preside over abortion cases after likening abortion to the Holocaust and calling Planned Parenthood a “wicked organization,” respectively. 

The GOP is threatening to impeach both Protasiewicz, the judge, and Evers, the Democratic governor (since you can’t gerrymander statewide elections, voters were able to elect a liberal justice and a Democratic Governor). “The threat of actual democracy has convulsed the state government, while state Democrats express their outrage from their manufactured permanent minority.”

The use of skewed election systems to suppress the voices of minority voters is not new to the U.S. Wisconsin is only a blatant example.

Like their predecessors in other states, Wisconsin Republicans have been remarkably frank about their intention of ensuring that minorities stay in their place. When Democratic gubernatorial candidate Tony Evers powered to victory in 2018 with massive wins in Madison and Milwaukee, the Republican legislature used a lame-duck session to strip him of much of his power. Not content with that, Evers’ Republican opponent in 2022, Tim Michels, promised that if he was elected then Republicans in Wisconsin “will never lose another election”.

Give him credit for transparency…

Republicans aren’t even pretending any more. It’s not just Wisconsin–but what happens in Wisconsin will be a test case, telling us whether these increasingly brazen attempts to secure minority rule will succeed.

The author of the Guardian essay–a British historian of the United States–notes that Wisconsin Republicans were among the most fervent backers of Trump’s undemocratic coup attempt, “but they needed no lessons from him in how to suppress the will of the people.” 

The Republican party’s belief in its own god-given right to rule – and that of its white, rural electorate – found its most dangerous expression in Trump’s attempt to overthrow the 2020 election, but it long predated him. It will outlive him unless it is chastened by accountability and defeat at every turn. All eyes are now on Wisconsin and Janet Protasiewicz to see if it will be. 

If the Wisconsin GOP’s shameless abandonment of even a pretense of playing by the rules succeeds, we’re in for a world of hurt.

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Lying As Free Speech

I really have to stop reading the news. It’s bad for my mental health.

Just recently, I’ve learned that Wisconsin’s Republican legislature plans to reverse April’s election of a state Supreme Court Judge–who won by eleven points–by impeaching her. (Grounds to be concocted later…)

DeSantis appointed the co-founder of Moms for Liberty to the state’s ethics commission.

Elon Musk threatened to sue the Anti-Defamation League for reporting on the steep rise of anti-Semitic content on “X.” Musk claims that it is the ADL’s reports, not his wack-a-doodle management of the platform formerly known as Twitter, that is responsible for the steep drop in companies willing to advertise on the site.

And I see that Florida–which has been waging war against “woke” (i.e. accurate) education–is being joined by Oklahoma in authorizing the use of PragerU propaganda in public school classrooms.

The Guardian recently provided an in-depth look at PragerU.

A rightwing media outlet promoting climate-crisis denialism and other “anti-woke” staples to young students and adults via social media has become a fundraising Goliath, raking in close to $200m from 2018 to 2022 with big checks from top conservative donors, tax records reveal.

Founded in 2009 by the conservative talkshow host Dennis Prager, the eponymous Prager University Foundation is not an accredited education organization. But via online media its PragerU Kids division has become a key tool in spreading false claims to young people with short videos aimed at undercutting widely accepted science that climate crisis disasters are accelerating due, largely, to fossil-fuel usage.

PragerU’s influence in pushing false narratives about climate change and other far-right shibboleths such as airbrushing the brutal reality of American slavery gained ground when the Florida board of education in July gave the green light to using its videos and other materials in classrooms, a move that PragerU is trying to capitalize on in Texas and other states. On Tuesday, Oklahoma’s school system also approved the use of PragerU’s materials.

On its website, PragerU claims to be the “world’s leading conservative non-profit, focused on changing minds through the creative use of digital media.”

In other words, through lying. They call it “edutainment.”

The site’s funders include the Right-wing’s “usual suspects”–  oil and gas billionaire brothers Farris and Dan Wilks ($8m over the past decade), the Lynde and Harry Bradley Foundation, the National Christian Charitable Foundation and (predictably) the Dick and Betsy DeVos Foundation

PragerU cartoons and videos include one about Christopher Columbus and the discovery of America, which has Columbus explaining that slavery isn’t so bad.

“Slavery is as old as time, and has taken place in every corner of the world, even amongst the people I just left. Being taken as a slave is better than being killed,” the cartoon Columbus said. “I don’t see the problem.”

Other PragerU videos about the climate crisis make various false claims: they depict solar and wind power as environmentally dangerous, liken environmental activists to Nazis and claim recent record-breaking heat is just part of the natural weather cycle.

What truly drives me up the wall is the emerging “conservative” argument that the First Amendment protects such unconscionable lying.

In an extraordinary display of chutzpah, Representative Jim Jordan, Republican of Ohio, and fellow Republicans on the House Judiciary Committee have accused Democrats of violating the First Amendment rights of election deniers.

In a report titled “The Weaponization of CISA: How a ‘Cybersecurity’ Agency Colluded With Big Tech and ‘Disinformation’ Partners to Censor Americans,” they argue that

the First Amendment recognizes that no person or entity has a monopoly on the truth, and that the “truth” of today can quickly become the “misinformation” of tomorrow. Labeling speech “misinformation” or “disinformation” does not strip it of its First Amendment protection. As such, under the Constitution, the federal government is strictly prohibited from censoring Americans’ political speech.

These people have no shame….

These civil libertarian claims of unconstitutional suppression of speech come from the same Republican Party that is leading the charge to censor the teaching of what it calls divisive concepts about race, the same party that expelled two Democratic members of the Tennessee state legislature who loudly called for more gun control after a school shooting, the same party that threatens to impeach a liberal judge in North Carolina for speaking out about racial bias, the same party that has aided and abetted book banning in red states across the country.

The linked column focuses upon the GOP’s hypocrisy, but that hypocrisy’s effectiveness relies on Americans’ widespread ignorance about the operation of the First Amendment.

Free Speech doesn’t allow you to engage in defamation or commit fraud with impunity; it doesn’t allow  science teachers to substitute creationism for evolution.

It does, however, protect the ADL from Musk’s anti-Semitic  threats….

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Left, Right And The Need For Certainty

I have a theory.

Way back when, when I was in college, a distant cousin of mine earned the opprobrium of the rest of our large, extended family by joining the university’s Young Socialist organization and participating in protests that received significant negative media coverage and prompted politically motivated and ultimately dismissed criminal charges. Interestingly, at the time, and despite the fact that I was one of the clan’s most politically conservative members, I was a lonely voice defending his exercise of his constitutional rights…

Fast forward some thirty plus years, and that cousin had morphed into an equally enthusiastic–and dogmatic– right-winger. He’d become a rightwing caricature. (I haven’t seen him in years, so don’t know whether he went “all the way” and embraced Trump and MAGA.)

I thought about that cousin’s ideological transformation when I read Michelle Goldberg’s recent review of Naomi Klein’s book “Doppleganger.” Klein traced the similar political turn of Naomi Wolf, with whom Klein has often been confused. Wolf, for those who are unfamiliar with her, was a once-liberal feminist icon who turned into an anti-vax Steve Bannon sidekick.

Klein and Wolf, both brown-haired middle-aged Jewish women writers, are often mistaken for each other. That became a growing problem for Klein as her reputation was tainted by Wolf’s escalating lunacy. Trapped at home by the pandemic, Klein became increasingly obsessed by Wolf’s transformation into a heroine of Covid truthers.

That obsession, in turn, guides Klein into an examination of what she calls “the Mirror World,” the vertigo-inducing inversion of reality common to contemporary far-right movements. Think, for example, of Vladimir Putin claiming that he’s liberating Ukraine from fascism or Donald Trump howling that his multiple prosecutions are a racist plot to subvert a presidential election. When I spoke to Klein recently, she described how jarring it was to watch protests against Covid measures appropriating left-wing language — common slogans were “I can’t breathe” and “My body, my choice” — making them “this weird doppelganger of the movements that I had been a part of and supported.”

Klein’s book explores this “upside-down” world, attributing the exchange of beliefs largely held by those on the political left to an equally firm adherence to those on the right, to

a half-joking formula to explain onetime leftists or liberals who migrate to the authoritarian right: “Narcissism(Grandiosity) + Social media addiction + Midlife crisis ÷ Public shaming = Right wing meltdown.”

I have a somewhat different take on these transitions, undoubtedly influenced by my observation of the U-turn taken by my cousin. If there are any psychiatrists or other mental health professionals reading this, I’d welcome your reaction to my theory.

Here’s my analysis.

We live–as we all recognize–in a time of rapid social change. Those changes challenge the various verities with which most of us were raised, and with which we have become comfortable. Every day, it seems, we encounter evidence questioning–or worse, disproving– things that we have believed to be fact. We are absolutely marinating in ambiguity–we live in a world that is increasingly painted in shades of gray, and in which we enounter proliferating evidence that what we knew wasn’t really so.

Some people can cope with that growing lack of certainty. Others cannot. It has nothing to do–again, in my humble opinion–with intellect or its lack.

Think about the number of highly intelligent, prominent people who began as Conservatives and now are Liberals–and those who have migrated in the other direction. (I’ll exclude politicians–like Ronald Reagan–whose transitions might be attributed to political advantage.) Lefties who, like my cousin, became right-wingers include people like Irving Kristol, Jean Kirkpatric and David Horowitz…

None of these people are dummies. But if I was a wagering woman, I would bet that all of them share a profound need for certainty and a corresponding terror of ambivalence and ambiguity– a deep need for a world that can be understood in shades of black and white, right and wrong, correct and erroneous.

When emerging realities fundamentally challenge beliefs held by people who are uncomfortable with ambiguity, those peoople are much more likely to substitute a different, equally firm belief system than they are to accept the complications and confusions that accompany uncertainty. The content of the ideology is ultimately less important than its function, which is to provide a predictable, permanent foundation for encountering and interpreting the world around them.

Sometimes, as Klein notes, that “exchange” of belief systems is prompted by negative events. In Wolf’s case, it was evidently negative publicity over inaccuracies in a book.

Whatever the trigger, a deep-seated need for orthodoxy–for a firm belief system to cling to– explains a lot….

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Leadership Versus Pandering

Let me begin with a disclosure: Michael Leppert–whose recent blog post I will be echoing/quoting–is a personal friend. I have friends with whom I disagree from time to time, but thus far, I’ve found myself in agreement with Mike about pretty much everything–at least, everything political. (The joys of golf, not so much…)

If you don’t subscribe to his blog, you probably should.

Mike’s recent essay, reprinted in the Capital Chronicle, made a point pundits all too often fail to emphasize: the positions candidates take during their campaigns for public office tell us a lot about how they are likely to perform if they are successful.

I’ve made this poiint, albeit not as explicitly, by noting that candidates’ stances on reproductive liberty tell us a great deal about their willingness to use the power of government to impose their preferred beliefs on individuals who don’t share those beliefs. (Or, in the alternative, their willingness to impose the beliefs of the base to which they are pandering.) That’s why I take such positions into account even when the office for which the person is running is unlikely to have any say in the issue–it’s an important insight into the world-view of that candidate.

Of course, there are situations that do call for the exercise of state authority over private behavior. An obvious one is public health, and Leppert’s essay focuses on recent pronouncements by our odious U.S. Senator, Mike Braun, who is vacating that office because he now wants to be Indiana’s governor.

Last week, U.S. Sen. Mike Braun announced that he has co-authored the “Freedom to Breathe Act.” The federal legislation will ban the federal government’s ability to implement mask mandates for domestic air travel, public transit systems and schools.

Casey Smith reported for he Indiana Capital Chronicle last week on the bill Braun authored with three other Senate Republican colleagues. He first said in his Wednesday statement, “We’re not going to go back to the top-down government overreach we saw during COVID.”

Now, here’s the difference between Mike Leppert and Sheila Kennedy. When I read something as asinine as this, I just want to beat my head against the nearest wall and scream about logic and respect for science. Mike, to his credit, unpacks it:

This gubernatorial candidate has some kind of issue with “top-down” leadership? Even when he adds “overreach” to his canned statement, he is signaling how he would have led in 2020, or more aptly, how he would have chosen not to lead. Senator, in a crisis, “top-down” leadership is the name of the game. It’s the job for which you are running. And it is unlike filing dead-on-arrival legislation with three other members of congress looking only to “own the libs.”

After explaining what the purposefully mischaracterized studies actually say–that masks have demonstrably worked, but failure to comply with mask mandates caused thousands of unnecessary deaths–Mike writes that

There’s more to Braun’s statement. He added, “Congress needs to say forcefully that these ineffective, unscientific mask mandates are not coming back in any way, shape, or form.” Again, it’s not the masking, it’s the mandates that failed. Newsflash: Americans routinely resist governmental mandates. If there is a negative sociological companion to our culture’s independence, it often is our collective selfishness. Again, it’s not the masking, it’s our refusal to see how the selfless act of wearing one could help someone else.

But the pronouncement that Braun will not support mask mandates “coming back in any way, shape, or form,” telegraphs that if he faces a public health crisis as governor, he simply won’t lead through it.

It’s hard to disagree with the post’s conclusion:

The world learned plenty from COVID-19. The biggest lesson is to expect the unexpected. The next pandemic could be worse. It will likely be different. And Indiana has a contender for the office of governor who doesn’t want government to lead if or when it comes.

Indiana’s governor is already constitutionally weak by comparison to most states. We certainly don’t need a new one who wants to make it weaker.

Of course, let’s be honest. Braun doesn’t want to be a weaker governor–he wants to appeal to the ignorance and anti-science prejudices of the GOP base, in order to win the right to use the power of government selectively–to advance his own agenda.

That said, I have no idea what Braun’s agenda is, since we’ve seen nothing even approaching thoughtfulness or rational policy prescriptions from him during his single Senate term.

Apparently, like so many of today’s politicians, he just wants to be someone important, rather than wanting to do something constructive or useful.

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