Community–Lost And Found

A friend recently shared a Substack newsletter with me (requires subscription but no $$), knowing that the topic–the nature of community formation– was one that concerned me.

He and I have discussed a contention that I have also shared on this blog–my belief that the evisceration of local news, especially the demise of widely-read local newspapers, has diminished what the shared article labeled “horizontal communities.” In other words, the communities that previously formed among residents of the same neighborhood, city or town.

The author didn’t see this as a problem.

 In fact, I think the kind of communities we inhabit has simply changed. In the past, our communities were primarily horizontal — they were simply the people we lived close to on the surface of the Earth. Increasingly, though, new technology has enabled us to construct communities that I’ve decided to call vertical — groups of people united by identities, interests, and values rather than by physical proximity.

Had I been “physically close” to the guy who wrote this, I might have “physically” harmed him.

The bulk of the essay was a love-letter to the Internet, which has allowed billions of people to form communities that ignore geography in exchange for similar “identities, interests and values.” In other words, our ability, thanks to technology, to find people with whom we agree.

Can you spell “polarization”?

The great virtue of those disdained “geographical” communities was precisely the requirement that we find common ground with people unlike ourselves–and that we share an awareness of the multiple ways in which we differed and/or agreed and the various ways in which the local physical and political environments affected us all.

As I used to tell my students, “back in the day” when most residents of our city accessed news provided by the daily newspapers (yes, that’s plural–Indianapolis once had three), those residents inhabited a common information environment. Even if they only picked up a newspaper in order to get the sports news, or listened to a radio or television news personality who relied heavily on what reporters for the local papers had written, they saw the same headlines or heard the same “breaking news” and basically occupied a similar reality.

That common reality empowered local democracy.

Was there a report that city police had engaged in unwarranted brutality? That too many  of the local thoroughfares were filled with potholes? That a member of the local City Council was opposing funding for the library? That crime rates were increasing? (Add your own examples.) Such reports require local political changes–changes that require collaboration among members of those local “horizontal” communities.

If citizen A is determined to elect someone who will fix the streets, s/he needs to work together with citizen B, with whom s/he doesn’t necessarily share other goals or values. That collaboration has a number of beneficial consequences, among them the creation of what sociologists call “bridging social capital.”

“Bonding” social capital is defined as the strong relationships that develop between people of similar background and interests–your family and friends and those Internet acquaintances with whom you share an important identity. “Bridging” social capital describes the connections that link people across the cleavages that typically divide societies (think race,  class, or religion). It builds ‘bridges’ between diverse people.

Without bridging social capital, diverse societies disintegrate.

I do not mean to diminish the value of many of the “vertical” communities enabled by the Internet. Those connections can and do widen our horizons. But we cannot ignore the substantial, troubling ways in which those vertical communities polarize  and divide Americans. And we absolutely cannot and must not abandon our focus on the “horizontal” environments within which we live and work.

The mere fact that we live adjacent to one another doesn’t create a horizontal community. In order for residents of city A or town B to constitute a genuine community, those residents need to occupy a common reality–they need to agree that those holes in the roadway are potholes that need to be filled. Then they need the ability to bridge their other differences in order to work together to repair and/or improve their shared environment.

When citizens lose access to common credible, adequate local information,  they lose an  essential element of the bridging social capital that is the foundation of democratic self-governance.

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Muskets and AR-15s

Correction of  a previous post: I was so astonished by an email from a very reliable friend that I failed to check his assertion that Jim Lucas would be introducing a bill to give gun purchasers a tax credit. It turns out to have been a joke from my friend–plausible thanks to the fact that Lucas is verifiably nuts–but unforgivable on my part for repeating something without checking its accuracy. Mea Culpa.

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I rarely post about America’s fixation with guns–or to be more accurate, the fixation of some Americans with guns. That isn’t because it is unimportant–it’s because I’ve concluded it’s hopeless. Whatever our more rabid gun-lovers are compensating for (use your imagination), the addiction is beyond my ability to address.

I still remember a conversation I had years ago with George Geib. George was a fixture at Marion County GOP headquarters, where–among other things–he trained precinct workers. He was also a longtime history professor at Butler. I had just become Executive Director of Indiana’s ACLU, and asked him to serve on a committee I was forming to try to resolve disputes within the Board on interpretation of the 2d Amendment.

George declined, telling me that “The 2d Amendment gives you a right to carry a musket and powder horn! Period.”

I thought about George’s response when I read a recent newsletter from Robert Hubbell,  discussing the fallout from New York State Rifle & Pistol Association v. Bruen –a Supreme Court decision written by Clarence Thomas. Bruen held that modern gun regulations must be “consistent with this Nation’s historical tradition of firearm regulation.”

As Hubbell noted, that test effectively limits the regulation of guns to laws in place in the 18th century.

Unfortunately, the decision limited regulation–not items being regulated–to the 18th Century, rather than following more rational Court precedents in cases involving modern technologies. For example, a few years back (before the Court was captured by rightwing ideologues in robes), the Court was faced with a case requiring an updated interpretation of what constitutes a “search” for 4th Amendment purposes.

In that case, Kyllo v. United States, the Court ruled that the use of a thermal imaging device to monitor heat radiation in or around a person’s home, even if conducted from a across the street, is unconstitutional without a search warrant. (The device allowed police to detect pot growing in the home’s basement.)

In the Founders’ day, a “search” required officials to trespass–to enter the premises being searched. By 2001, when Kyllo was decided, technology allowed police to search from across the street. Was that still a search, requiring probable cause? The Court–quite properly, in my opinion–said yes, in a majority opinion written by that noted “liberal” Antonin Scalia. 

Clarence Thomas, presumably, would now disagree, although he was in the majority in Kyllo.

I define an actual originalist as someone who understands what value the Founders were trying to protect, and proceeds to protect that value in a world the Founders could never have imagined. (I used to ask my students what James Madison thought about porn on the internet.)

Madison and the other Founders couldn’t have foreseen the Internet–or radio, television or movies– but we apply their concerns about freedom from government censorship to those platforms.

It is insane to define “originalism” as refusal to regulate any technology that didn’t exist in the 18th Century.

Thanks to the Court’s surrender to the gun lobby in Bruen,  the reactionary Fifth Circuit Court of Appeals has now invalidated a law that prohibited defendants accused of domestic violence from possessing a firearm during the time the court was engaged in a determination of guilt– even if the court had made a preliminary finding that allowing the defendant access to a firearm presented a risk of violence.

As the link from Vox reports:

 In New York State Rifle & Pistol Association v. Bruen in 2022, the Supreme Court tossed out the old two-step framework in favor of a new test that centers the history of English and early American gun laws.

Under this new framework, the government has the burden of proving that a gun regulation “is consistent with this Nation’s historical tradition of firearm regulation,” or else that regulation must be struck down. Bruen, moreover, strongly suggests that a gun law must fall if it addresses a “general societal problem that has persisted since the 18th century” and the government cannot identify a “distinctly similar historical regulation addressing that problem.”

Moreover, Bruen said, “if earlier generations addressed the societal problem, but did so through materially different means, that also could be evidence that a modern regulation is unconstitutional.”

If courts take this framework seriously, then it is questionable whether any law seeking to prevent domestic abusers from owning firearms may be upheld. The early American republic was a far more sexist place than America in 2023, and it had far fewer laws protecting people from intimate partner violence.

Indeed, until 1871, when the Alabama Supreme Court ruled that a husband and wife “may be indicted for assault and battery upon each other,” it was legal in every state for married partners to beat their spouses.

But we can probably ban muskets and powder horns…..

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When Representation Doesn’t Represent

I used to joke about watching our wallets–and our liberties–when Indiana’s legislature was in session.

I wish that admonition could be dismissed as just a joke…

I’ve previously detailed some of the weird and worrisome bills introduced this session: Jim Lucas’ effort to give tax credits to the maniacs who purchase deadly weapons; the multitude of bills to steal funds from the state’s public schools; and  thinly-veiled efforts to ban Drag Queen Story Hours, among others.

I’ve also argued that these and many other bills are a dramatic departure from what was previously Republican orthodoxy. In my former party–a party that no longer exists–attempts to tell businesses what they can and cannot invest in or the criteria they should employ when making business decisions would have been unthinkable.

But here we are, with a GOP so radicalized that toxic Congresscritter Jim Banks has a head start in the race for Senate. 

One recent departure from prior GOP orthodoxy is a bill that would prevent the state’s public retirement system from working with banks or investing in funds that prioritize environmental, social or governance policies. That would include those that restrict investments in specified industries, such as coal or firearm manufacturers.

House Bill 1008 has been identified as “priority legislation” for the House Republicans caucus.

As Michael Leppert wrote in a recent column on the issue,

As reported by the New Jersey Monitor last summer, “Nineteen Republican state attorneys general wrote a letter to BlackRock, the world’s largest asset manager, which manages $10 trillion,” accusing “BlackRock of making decisions based on its alleged political agenda rather than the welfare of state pensions.” Indiana Attorney General Todd Rokita was among the signatories. 

If ESG investing is a political position, isn’t blocking or banning that investing also taking a political position? Of course, it is. 

It is the position of Republicans nationally to ignore climate change, and to oppose social progress and governance standards that consider it. SB 292 is the Indiana version of the national GOP political “platform,” if their grievance strategy can actually be called that. 

Last December, I quoted from a column from the Capital Chronicle that illustrated  how very unrepresentative our gerrymandered state legislature is.

Poll after poll and survey after survey shows what Indiana residents are worried about, and what they aren’t.

Bellwether Research’s latest poll in early December surveyed 1,100 Hoosiers representing both the demographic and geographic layout of Indiana. It asked about their top priorities.

Wishes one and two were lowering health care costs and affordable housing, at 31% and 21% respectively….Next up was increasing K-12 education funding at 17%. Nothing after is in double digits…

That poll also found that 56% of Hoosiers believe marijuana should be legal for personal use and 29% for medicinal purposes. Only 15% say it should not be legal. Another found that over 80% of Hoosier parents approved of their children’s school and curriculum.

And don’t get me started on the ban on abortion passed by state legislators despite  repeated polling confirming that Indiana citizens are pro-reproductive-choice by significant margins. Or the willingness of our despicable AG to pay an “extra” 100,000 to harass the doctor who aborted a raped ten-year-old. Or the absence of evidence that Hoosiers really want those legislators to pick on transgender children.

As I noted in that December post–okay, as I’ve noted repeatedly–the enormous disconnect between what Hoosier voters actually want and what we get from our culture warrior lawmakers is a direct result of the extreme gerrymandering that produces safe seats and allows lawmakers to ignore the demonstrated policy preferences of a majority of Indiana citizens.

Gerrymandering, after all, is the very best voter suppression tactic. Why bother to vote when the result has been foreordained–or, to use Trump language, when the election results have already been rigged? Gerrymandering amplifies the power of the fringes–the ideologues and culture warriors who vote in primaries–and effectively disenfranchises the rest of us.

Reporting on the antics at the Statehouse is one of the very few checks on lawmakers bent on pursing their own cultural fixations, and central Indiana has been ill-served by the Star’s devolution into sports and what has been called the “beer beat”–reports on new watering holes. That makes the arrival of the Indiana Capital Chronicle very welcome. The Chronicle describes itself as an “independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections.”

Information, unfortunately, isn’t enough. It will require national legislation to thwart Indiana gerrymandering, since the only way to stop it at the state level requires action from the same politicians who benefit from it.

Hoosiers will see state-level reform at about the same time as we see pigs fly.

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The White Supremacy Party

In a recent newsletter, Robert Hubbell summed up the path Ron DeSantis is pursuing–the path he clearly believes will garner him the GOP’s Presidential nomination.

Amid the torrent of reporting on Ron DeSantis’s attack on critical race theory and intersectionality, the quiet part is often left unsaid. So let me say it: DeSantis’s educational agenda is code for racism and white supremacy. (Other parts of his agenda seek to erase the dignity and humanity of LGBTQ people.) DeSantis’s invocation of “Western tradition” is meant to suppress knowledge regarding the people (and contributions) of Asia, Africa, South America, Oceania, and the Indigenous Peoples of the Americas. See Talking Points Memo, DeSantis Makes 2024 Ambitions Clear As He Pours Gasoline On His ‘Woke’ Education Fire.

 Given DeSantis’s generalized ignorance, his call to focus on “Western tradition” is a slippery slope that will inevitably lead to the discussion of unpleasant truths about America. For example, the enslavement of Black people was a “tradition” in North America for 246 years—and the abolition of that evil practice is relatively recent (155 years ago). So, a college course that honestly addresses the Western “traditions” of North America should include an examination that the role of slavery played in the economic, social, and political development of America.

The New York Times, among other outlets, has covered DeSantis’ various attacks on “woke” instruction, noting that it is part of “An unrelenting assault on truth and freedom of expression in the form of laws that censor and suppress the viewpoints, histories and experiences of historically marginalized groups, especially Black and L.G.B.T.Q. communities.”

The Times didn’t mince words.

Under Gov. Ron DeSantis’s “Stop WOKE” law — which would limit students and teachers from learning and talking about issues related to race and gender — Florida is at the forefront of a nationwide campaign to silence Black voices and erase the full and accurate history and contemporary experiences of Black people….

The same reasons that the “Stop WOKE” law is blocked from enforcement in university settings hold for elementary and secondary schools. As a federal judge ruled in November, the law strikes “at the heart of ‘open-mindedness and critical inquiry,’” such that “the State of Florida has taken over the ‘marketplace of ideas’ to suppress disfavored viewpoints.”

The most important point made by the Times–and confirmed by DeSantis’ obvious belief about the most effective path to the Republican nomination–is that it is nakedly racist and homophobic.

It is no longer plausible to maintain that the GOP base is composed of anything other than White Christian Supremacists.

DeSantis is currently the most shameless panderer to that base, but the evidence is nation-wide–and public education is currently the favored target. After all, if children are taught that all people are human and that America hasn’t always treated “others” that way, they might grow up to be “woke.” 

DeSantis is simply doing publicly what GOP officials in other states are doing somewhat more circumspectly. Examples abound.

Think the voucher movement is about giving children educational options? Think again. There’s a reason that so many of these programs lack accountability–here in Indiana, SB 305 vastly extends the availability of vouchers–but places the program under the “oversight” of the State Treasurer–not the Department of Education. It has no mechanism for assessing educational value.

In Ohio, laws presumably governing home schooling failed to shut down a Nazi home schooling curriculum.

Antifascist researchers known as the Anonymous Comrades Collective first identified the couple, who participated in a neo-Nazi podcast under the names Mr. and Mrs. Saxon, as Logan and Katja Lawrence of Upper Sandusky in Wyandot County. The group’s work was the nexus for a story about the couple in Vice News.

Their Telegram channel, started on Oct. 23, 2021, is called Dissident-Homeschool. It features suggested content that is racist, anti-Semitic and homophobic, as well as factually inaccurate. It includes cursive practice sheets with quotes from Adolf Hitler, suggested content about Confederate General Robert E. Lee and civil rights leader Dr. Martin Luther King Jr., which included an unfounded conspiracy about Jewish people. The Telegram channel offers a suggested math lesson with a story problem attributing crime to different races.

There’s no way to tell how many other “home schoolers” use that channel or similar materials. I see nothing in Indiana’s voucher proposal that would allow the state to monitor for such use–or for that matter, educational value of any kind.

Well-meaning Americans tend to look at the various movements of Proud Boys, Oath Keepers and others as outliers, a few twisted individuals who have succumbed to ignorance and hatreds that nice people largely relegate to the past.  

DeSantis recognizes what those well-meaning folks don’t: ignorance and racism elected Donald Trump, and–if enough votes can be suppressed– may well lift him into the Oval Office too.

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The Widening Gulf

A reader recently sent me a copy of a column from his local paper. (Congratulations on still having one of those…)

The column (behind a paywall) looked at the ever-widening gulf between legislatures controlled by Republicans and those in majority-democratic states. Those differences, the column suggested, can offer a lens on where the country is heading.

Given the rest of the column, I’d guess that we are heading for further polarization, if not a cold civil war…

The author identified three “big themes” playing out across state capitols this year. The first such theme is no surprise– the “continuing rise of hyper-polarized policies. Red and blue states will push further apart on everything from voting laws, abortion, gay rights, education and taxation. States under single-party dominance–the “trifecta states”– will  feel free to pursue their very divergent approaches to America’s culture wars.

This year there are 39 “trifecta” states, in which a single party controls all three branches of government (both chambers of the legislature and the governor’s office). This allows states to “make decisions and make them relatively quickly,” says Peverill Squire of the University of Missouri, an expert on legislatures. “The contrast with Washington will be stark.”

The column gave examples, including Red Wyoming, where a bill that (mercifully) died in committee would have banned the sale of all new electric vehicles starting in 2035, in order to protect the state’s oil and gas industry.

Blue California is considering several new gun control proposals; while Florida and other Red states, are likely to legalize permitless carry.” (Red Indiana already passed this, over the dire and entirely accurate predications of law enforcement personnel.)

A second theme will be Red state governments taking aim at private companies that have the nerve to defy lawmakers’ partisan political agendas. Proposals currently pending in Republican states, including (of course!) Texas, would revoke firms’ tax incentives if they help employees get abortions.

What ever happened to the Republican Party that–according to Barry Goldwater–wanted to keep government out of both your boardroom and your bedroom? Ah–for the good old days…

Blue California is considering a cap on oil firms’ profits, while legislators in Arkansas, Missouri and South Carolina (and Indiana) want to prohibit state governments from doing business with firms that take environmental, social and governance (ESG) principles into account.

And of course,”some governors will use these legislative sessions as résumé-building for higher office.” Ron DeSantis is way out in front on that “theme”–staking out a coveted MAGA position as head of the White Nationalist movement. The column noted “DeSantis’s signature policies”–restricting what students can be taught about sex and sexuality, punishing Disney for inclusiveness, waging war on anything he can label “woke” and of course, gerrymandering and suppressing the votes of Black Floridians…

Constitution? What Constitution?

As the article pointed out, it isn’t just the big states that are political weather vanes.

smaller states that became Democratic trifectas in 2022, Michigan and Minnesota, will generate headlines too. If rumblings that Michigan is going to repeal its anti-union “right-to-work” law prove correct, it would be the first state to do so since 1965, says Chris Warshaw of George Washington University.

The column says that one way to think of these 2023 state legislative sessions is as a long-running television drama, featuring many of the “same characters and issues from last time: abortion, rights for LGBTQ people, and culture-war debates on curricula in public schools. Already, 202 LGBTQ-related bills have been introduced; a record, according to the American Civil Liberties Union. (Missouri, with 31, has the most, followed by Oklahoma’s 27.)”

Proposals include banning trans children from having surgery or anyone born male from taking part in girls’ sports. There is talk of banning and even criminalizing drag shows.

The author noted that more prosaic concerns–the actual work of government–are getting short shrift. But even there, the division between Red and Blue is stark: 
in numerous states that are still enjoying large surpluses, thanks to high tax receipts and federal money, Red state governors want to use the funds to cut taxes, not to improve decaying infrastructure or (heaven forbid!) pay teachers a living wage. 

As the column concluded, 

Most legislatures would be wise to squirrel away some of their surpluses for times of economic duress, says Justin Theal of Pew Charitable Trusts, which monitors states’ fiscal health.

But for politicians, saving has never generated as many headlines as raving.

And headlines are the name of the game when politics becomes performative….

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