When Does Consistency Matter?

We’ve all heard the quote–attributed to Emerson–decrying “foolish consistency” as the “hobgoblin of little minds.”

The phrase requires us to distinguish between the sort of consistency that signals a thoughtful intellect and the “foolish” consistency that Emerson disdained.

I have recently concluded that the distinction is critical to a proper evaluation and interpretation of today’s partisan political arguments.

Many of us still remember the critique of John Kerry when he was running for President; he was widely mocked as a “flip flopper” because he’d changed his position on some issue. I no longer recall what the issue  was, but I do recall his entirely appropriate response, which was along the lines of “when I encounter facts of which I have previously been unaware–when I learn more about a subject–I change my position to accord with those facts.”

When scientists discovered that disease is caused by germs, and entertained the possibility that smallpox hadn’t been sent as a punishment from God, as many had thought, that inconsistency led to the development of medicines and vaccines. Human progress requires the recognition and correction of error. “Consistency” in such matters would merit Emerson’s scorn.

On the other hand, right now, one of the thorniest problems of American governance is the large number of elected officials–almost all Republicans– who absolutely refuse to change or reconsider their beliefs even when faced with credible contrary evidence. Their stubborn refusal to modify their positions even after those positions have become logically and factually untenable is a perfect example of Emerson’s “foolish consistency.” (No one can call them “flip-floppers”!)

When ideologues refuse to rethink or reconsider mistaken positions, the resulting incoherence is  arguably worse than the temporary confusion that often accompanies necessary change.

Ideological rigidity and a refusal to recognize how hypocritical their resulting messages sound is an obvious trait of  today’s GOP.  Ironically, in their refusal to rethink  or reconcile incompatible articles of faith, Republicans  are struggling to apply a totally incoherent political philosophy to issues that really do require  a measure of intellectual consistency.

A few examples will illustrate that incoherence:

  • Free markets are good because they expand choice. Individual choice is an integral part of freedom and a public good–unless, of course, we are talking about women’s reproductive choice, because that’s bad.
  • Religious folks should be allowed to act on the basis of their sincere beliefs, even if those actions disadvantage other people. But those accommodations shouldn’t extend to adherents of non-Christian religions or to liberal denominations that permit abortion.
  • Parents should be given the right to exercise very broad choices when it comes to how they raise and educate their children–unless, of course, mom wants to take Junior to Drag Queen Story Hour at the local library, or give Junior’s teenage sister free reign to read whatever might be on those library shelves.
  • Parents should be trusted to do what’s best for their children–unless they’ve decided to work with medical professionals to help their children cope with gender dysphoria, or manage transition.
  • Business owners should be free of  heavy-handed government regulations; after all, those owners and managers know best how to create jobs, serve their customers and make a profit. But government shouldn’t allow them to factor “woke” concerns about inclusion and the environment into their business decisions.
  • Welfare programs just encourage dependency; hard-working taxpayers shouldn’t have to support people who can’t or won’t make it on their own. But those taxpayers definitely should continue to fund the huge annual subsidies that further enrich profitable corporations and obscenely profitable fossil fuel companies. That’s not welfare, that’s economic development.

In all fairness, there really is a consistency lurking beneath these surface incompatibilities: theocratic consistency.

If we approach those examples from the perspective of a Christian Nationalist, the seeming disparities become far more cohesive. The lawmakers and pundits who hold these otherwise inconsistent positions are operating out of a theocratic conviction that they should have the right to impose their “sincerely held” religious beliefs on everyone else–after all, they are the “real” Americans, listening to the “real” God.

Even the clear influence of money in all this  has a theocratic element–U.S. policy has always been influenced by a corrupted version of Calvinism–the belief that financial success is evidence of moral righteousness, and that poverty is a sign of God’s displeasure.

Speaking of hobgoblins….

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Business? Or Profession?

I suppose it comes down to ethics, and the different ethical concerns applicable to different ways of making one’s living.

If I were to open a shop, my primary focus would be on my bottom line. I would certainly be obliged to operate honestly, and to treat my customers and employees fairly, but the primary focus of  business is making a profit. 

We have the right to expect doctors, lawyers, and other professionals to abide by additional ethical obligations–standards appropriate to the practice of those professions.

Journalism is one such profession–and when major news organizations are owned and managed by entrepreneurs focused solely on the bottom line, citizens are robbed of one of the most important protections of small-d democracy. When a purportedly “fair and balanced” media ignores any obligation to truthfulness in order to make money pandering to the biases of a designated portion of the population, the result is increased polarization leading to civic unrest and even violence.

Which brings me to recent revelations about Fox “News.”

In the weeks after the 2020 election, Fox News faced an existential crisis. The top-rated cable news network had alienated its Donald Trump-loving viewers with an accurate election night prediction for Joe Biden and was facing a terrifying ratings slide, not to mention the ire of a once-loyal president.
 
Concern came from the very top: “Everything at stake here,” Rupert Murdoch messaged Fox News CEO Suzanne Scott.
 
The billionaire founder was eager to see the Republican candidate prevail in the coming Senate runoff in Georgia — “helping any way we can,” he wrote. But he also advised Scott to keep an eye on the uptick in ratings for a smaller, more conservative channel whose election skepticism suddenly seemed to be resonating with pro-Trump viewers.
 
Newly released messages show Fox executives fretting that month over an uncomfortable revelation: that if they told their audience the truth about the election, it could destroy their business model.

It is one thing to protect the Free Speech rights of news outlets and reporters who are simply mistaken, or for commentators to report matters that they believe to be true, even when they aren’t. But Fox folks weren’t mistaken. They knew they were lying. The network abandoned its professional obligations in order to protect its bottom line. It gave its audience the lies that audience wanted desperately to believe.

What Fox’s loyal viewers wanted to watch — and what Fox News was willing to do to keep them — emerged this week as a central question in a $1.6 billion defamation lawsuit brought against the network by Dominion Voting Systems.

As it conducted discovery in that lawsuit, Dominion uncovered reams of internal correspondence and other evidence, information that became  public last week via a court filing. The evidence showed Fox executives and on-air stars privately dismissing  the “wild and false claims of a stolen election” that they proceeded to promote on air.

“Sidney Powell is lying,” prime-time star Tucker Carlson wrote to his producer about a Trump lawyer who had appeared on Fox and spewed baseless accusations. “There is NO evidence of fraud,” anchor Bret Baier wrote to one of his bosses.

The linked article quotes from numerous internal communications demonstrating that Fox willingly and knowingly lied in order to protect its “market share.” 

As another article on the disclosures reported, a network executive in charge of prime-time programming warned that Newsmax’s brand of “conspiratorial reporting might be exactly what the disgruntled [Fox News Channel] viewer is looking for.” As a result, he added, Fox should not “ever give viewers a reason to turn us off. Every topic and guest must perform.”

A lawyer who knowingly misrepresented the law in order to keep a paying client would risk being disbarred. A doctor who knowingly misdiagnosed a patient in order to keep the dollars flowing would risk losing his medical license. Although the Society of Professional Journalists has promulgated a Code of Ethics, I am aware of no similar enforcement mechanism.

The  primary ethical obligation of  journalists–as set out in that Code of Ethics–is to: Seek Truth and Report It. That includes fact-checking, not intentionally distorting information, identifying sources, avoiding stereotypes, and supporting the open exchange of opinions. Most non-MAGA Americans already understood that Fox disdains and ignores those ethical obligations, but it is really stunning to read internal communications showing utter contempt for truth or fidelity to fact.

In the absence of a professional body able to impose sanctions for blatant ethical violations, Dominion’s lawsuit has done America a great service. Whether the unarguable evidence will be sufficient to awaken even a small percentage Fox’s devoted MAGA viewers is, of course, a different question.

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Is Education “Woke”?

The GOP’s hostility to higher education–okay, to education in general–has been getting more scrutiny since Ron DeSantis intensified his war on those “woke” institutions we call colleges and universities. DeSantis (smarter and much more dangerous than Trump) is latching on to the Republicans’ increasing hostility to education.

Before discussing the politics involved in this particular aspect of the culture war, let me readily concede that a significant majority of university instructors and educated Americans are what that base considers “liberal.” There are two reasons for that: first, the definition of “liberal” has changed rather dramatically over time; and second, (depending on that definition) reality has a pronounced liberal bias.

I can personally attest to the rather profound change in the definition of the word “liberal.” As I have previously noted, in 1980 I ran (unsuccessfully) for Congress. I was a Republican–and I was told I was “too conservative” by a fair number of voters.  Although I have changed my position on a couple of policy issues since then, as I learned more about them, my overall political philosophy has remained consistent. Only now, I’m routinely accused of being a pinko socialist/communist elitist.

While I was essentially standing still, philosophically, the GOP totally redefined conservatism. Conservatives are now True Believer authoritarians edging toward fascism. Using the current (re)definition, I’m no longer conservative, and neither are most of the GOP politicians with whom I once worked.

The Rights’ newly radical definition of “conservatism” rather obviously excludes the majority of college professors. But even before the transformation of the GOP,  and under the “old” definition of the term, a majority of university faculty identified as liberal. Not “leftist”as Europeans use the term, but liberal: people whose world-views are shaped by empirical evidence. These are people who recognize and are able to cope with the emergence of new understandings and/or evidence that conflicts with what they previously thought to be the case– people who lack  the all-encompassing, rigid certitude that marks today’s “conservatives.”

Liberal college professors recognize the limits of their knowledge. As I often told my own students, my goal was not to have them leave my classroom agreeing with my perspectives, political or otherwise; my goal was to teach them the importance of understanding and applying two important phrases: it depends, and it’s more complicated than that.

In today’s politics, conservatives are those who hold fixed, immutable beliefs (and want government to impose them on everyone else), and liberals are people who recognize contingency and complexity. DeSantis’ hated “wokeness” is willingness to examine new evidence, determine its credibility, and revise error when the facts support such revision.

In a recent column, Paul Krugman considered what he called “the extraordinary rise in right-wing hostility to higher education in general.”

Not that long ago, most Americans in both parties believed that colleges had a positive effect on the United States. Since the rise of Trumpism, however, Republicans have turned very negative. Recent polling shows an overwhelming majority of Republicans agreeing that both college professors and high schools are trying to “teach liberal propaganda.”

Did America’s colleges — which a large majority of Republicans considered to have a positive influence as recently as 2015 — suddenly become centers of left-wing indoctrination? Did the same thing happen to high schools, run by local boards, across the nation?

No, as Krugman notes, what happened was that right-wingers expanded their definition of what counts as “liberal propaganda.”

Thus, when one points out that schools don’t actually teach critical race theory, the response tends to be that while they may not use the term, they do teach students that racism was long a major force in America, and its effects linger to this day. I don’t know how you teach our nation’s history honestly without mentioning these facts — but in the eyes of a substantial number of voters, teaching uncomfortable facts is indeed a form of liberal propaganda.

And once that’s your mind-set, you see left-wing indoctrination happening everywhere, not just in history and the social sciences. If a biology class explains the theory of evolution, and why almost all scientists accept it — or, for that matter, the theory of how vaccines work — well, that’s liberal propaganda. If a physics class explains how greenhouse gas emissions can change the climate — well, that’s more liberal propaganda.

Krugman says that what we need to understand is that people like DeSantis are attacking education, not because it uses liberal propaganda to indoctrinate, but because it fails to sustain the ignorance they want to preserve.

I wonder how many MAGA folks ever encountered or seriously considered that famous quote from Thomas Jefferson: If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.

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Speech Versus Action

A recent report on an upcoming Supreme Court case from the New Republic made me think–definitely not for the first time–about the widespread misconceptions around the First Amendment.

Most of the people who read this blog are aware of many of those misconceptions. Probably the most annoying is the most basic–it constantly amazes me (okay, irritates the heck out of me) how many Americans don’t know that the First Amendment, like the rest of the  Bill of Rights, protects only against government action.

I still remember a call I got when I was with Indiana’s ACLU; the caller had applied for a position with White Castle, and had been told that his extensive tattoos were incompatible with their customer service standards. He demanded we sue White Castle for infringing his Free Speech rights. I had to explain that–had the City Council passed an ordinance against tattoos, that would have violated his First Amendment rights, but White Castle is private–and has its own First Amendment right to determine the manner of its own communication.

The case described in the linked article isn’t that clear-cut. It  involves an often-contested “gray area.”

The Supreme Court will hear Counterman v. Colorado in April to decide whether prosecutors must prove that a defendant meant to threaten someone with harm, or if they can opt for the lower threshold of whether a reasonable person might interpret a defendant’s actions or statements as a threat. Where the high court ultimately comes down on this distinction could be consequential in an age when it’s easier than ever for Americans to threaten not just each other, but also election workers, FBI agents, members of Congress, and even Supreme Court justices. How far does the First Amendment go to protect them?

In my classes, I took a rather unorthodox approach to this question, and a number of similar issues. While you won’t find my distinction in legal treatises, it seemed to help students understand the purpose–and limits– of the Free Speech clause. The fundamental distinction I drew was between speech (defined as communication of a message) and action.

The distinction doesn’t rely on whether there was verbal communication.

If I tell you that this cubic zirconium ring I’m selling is really a diamond, and charge you accordingly, I have engaged in fraud–a behavior. The First Amendment won’t protect me.

If I text and telephone you every hour and call you names, that’s harassment–a behavior. The First Amendment won’t protect me.

If I burn an American flag, I am sending a message (we know it’s a message, because  most Americans understand it and find it offensive). That message is protected by the First Amendment.

The problem for law enforcement arises when it is unclear whether we’re dealing with behavior–a genuine threat–or the expression of an opinion. (As lawyers like to say, it’s a “fact-sensitive” inquiry.) Social media trolling has vastly complicated this determination.

At the heart of this case is a campaign of harassment that seems all too familiar. The plaintiff, Billy Counterman, used multiple Facebook accounts to send hostile messages to an unidentified local musician in Colorado. Among the numerous messages that Counterman sent her were ones that read, especially in the context of the years-long barrage, as threats. “Fuck off permanently,” Counterman said in one of the messages. “You’re not being good for human relations,” read another. “Die. Don’t need you.” The target, who never responded to him and blocked him multiple times, ultimately contacted Colorado police, who charged Counterman for violating the state’s anti-stalking statutes.

Colorado law defines the offense to describe anyone who “repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person … in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person … to suffer serious emotional distress.” Notably, under the rulings of Colorado courts, prosecutors aren’t required to prove that the defendant intended to threaten a person. They instead must only show that a reasonable person would have taken the statements as threats, which is a much easier threshold to clear at trial.

In the lower courts, the troll was handed a sentence of four years under the state’s anti-stalking statute.

This is one of those “hard cases” that –as the saying goes– sometimes make bad law. Four years seems pretty excessive for being an online asshole; on the other hand, such trolling far too frequently becomes a “heckler’s veto”-defined as behavior that allows  people who disagrees with a speaker’s message to shut that message down.

It remains to be seen how the Court will treat online harassment, but it sure seems like it falls on the “behavior” side of my explanatory line…..

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Fantastic News

One of the recurring themes of this daily blog (okay, perhaps “recurring rants” would be more accurate) has been my insistence on the importance of local journalism. When a community loses a credible source of local news, it experiences a number of very negative consequences–the most obvious of which is a loss of democracy, thanks to the lack of information needed to cast informed votes.

I thought about that when a reader of this blog sent me a report that began with the following introductory paragraph:

The Houston Chronicle is shining a bright light on some of the shadiest real estate dealsthat enrich charter school operators. What could be better than to get a charter, buy property, rent it to the charter at rates of their choosing, get the property made tax-exempt, and make a bundle using taxpayer dollars? In some charter schools, the superintendent owns the properties and pays himself rent.

Here in Indianapolis, local television stations have repeatedly been running an ad asserting the “unfairness” of charter school funding that is lower than that of public schools, and our legislative overlords are currently working hard to send more of our tax dollars to voucher and charter schools–schools that even Republican legislators admit lack accountability.

Misbehaviors like those the Houston newspaper uncovered are unlikely to be uncovered by our local “ghost newspaper,” the Indianapolis Star. Never a particularly good newspaper, Gannett has turned it into a pathetic shadow of even its undistinguished past.

Little by little, however, new efforts to improve local coverage have been emerging. I have begun quoting from the Indiana Capital Chronicle, which focuses primarily on the disaster that is our legislature, and I have pointed to outlets covering other matters of local concern. But the IBJ has now reported what I consider fantastic news. ( behind a paywall)

The Indiana Local News Initiative announced its launch Wednesday as a not-for-profit media organization planning to create newsrooms in Indianapolis and Gary.

With more than $10 million raised and the participation of civic leaders such as Penske Entertainment Corp. CEO Mark Miles and Women’s Fund of Central Indiana President Tamara Winfrey-Harris, the Indiana Local News Initiative said it intends to report nonpartisan information at no cost to its audience.

“This is public service journalism,” said Karen Ferguson Fuson, former publisher of The Indianapolis Star, who is serving as board chair of the new organization. “It’s ‘What do I need to engage in citizenship and democracy?’ ‘What do I need to live on a day-to-day basis?’”

The project started with a concern about protecting democracy.  The steering committee began with the premise that a free press is critical to a free democracy, and research has confirmed Indiana’s “big gap” in coverage of local,” boots-on-the-ground community journalism.”

In addition to the 25 staff members to be hired for the Indianapolis newsroom, the  Initiative will include funding for two new positions at The Indianapolis Recorder.

The Initiative will collaborate with existing media companies; its  roster includes The Indianapolis Star, WISH-TV, WFYI Public Media and the Recorder. IBJ has not signed on as a partner.

While Indy is among a shrinking number of markets that still has multiple news outlets with talented journalists, the sizes of many of these outlets are a fraction of what they were before, and a fraction of the size necessary to cover all of the things central Indiana residents say they want,” Ferguson Fuson said.

The Lumina Foundation, one of the Indiana Local News Initiative’s partners, is providing support to TheStatehouseFile.com, a news website authored by Franklin College journalism students, to make its content available for free to members of the Hoosier State Press Association. The website previously required newsrooms to pay a fee.

Funders include the Nina Mason Pulliam Charitable Trust, Herbert Simon Family Foundation, Myrta Pulliam, Lumina Foundation, John Mutz, Michael Arnolt, the Robert R. and Gayle T. Meyer Family Fund, Gene D’Adamo, Joyce Foundation, the Indianapolis Foundation and the American Journalism Project.

The Indiana Local News Initiative plans to train and pay residents, known as “Indianapolis Documenters,” to attend public meetings and publish the results. The Documenters Network, overseen by not-for-profit media organization City Bureau, presently operates in cities such as Atlanta, Chicago and Cleveland….

The Indiana Local News Initiative is the latest media startup in Indianapolis, where not-for-profit The Capital Chronicle debuted last July and State Affairs Indiana debuted in December. Last August, digital media company Axios announced plans to launch a daily email newsletter in Indianapolis.

These efforts to combat our news desert are incredibly heartening. When people receive credible, trustworthy news and inhabit the same information environment, they not only become informed voters–they once again become members of the same community.

I’m a happy camper!

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