What Can We Do About Fox?

I subscribe to a newsletter from Tom Nichols, a non-crazy conservative who writes for the Atlantic, among other outlets. Nichols recently addressed a problem that pretty much everyone who isn’t crazy recognizes: Fox “News.”

Nichols taught at the Naval War College for 25 years; he worked closely with many American military officers, and he has become increasingly worried about the danger of extremism in the ranks–a situation made worse, in his view, by the fact that Fox is the “default channel in so many military installations.

The overlap between Fox and even more-extreme outlets such as Newsmax and One America News Network, a slew of right-wing internet sites, and talk radio is part of a closed information ecosystem that affects the military no less than it does American society at large. Many years ago, I defended the emergence of Fox as an antidote to the politically homogeneous center-left tilt of the established American media. (Please spare me too much caviling here about media bias back in the Good Old Days; it was less of a menace than conservatives depicted it, but more of a reality than liberals were sometimes willing to admit.)

But things change: Fox is no longer an additional source of news and opinion. It is, instead, a steady stream of conspiracy theories and rage-bait, especially in prime time.

As Nichols explains, there is a significant and important difference between different views held by people who have reached opposing conclusions about various issues and people whose opinions aren’t derived from anything that might remotely be considered evidence or fact.

I am increasingly concerned, however, that what comes from Fox and similar outlets these days is not a “view” so much as an attack on reality itself. As Russian dissident Garry Kasparov has noted, modern propaganda isn’t designed “only to misinform or push an agenda”; it is meant to “exhaust your critical thinking, to annihilate truth,” a good description of how Fox and similar outlets now present their programming… …To watch Fox for an extended amount of time is to go on an excursion into an alternate reality of paranoia and fury, to plunge into a hurricane of anger that shapes views by defying logic and evidence.

I agree. So–I repeat the question with which I’ve been approaching most of the issues of our day: what can/should we do?

Nichols’ response echoes generations of First Amendment case law: the answer to bad speech is more and better speech. More openness, not censorship. Nichols insists that the  answer to an authoritarian challenge cannot be more authoritarianism. (He also dismisses the predictable calls to bring back the Fairness Doctrine–calls from people who clearly don’t understand what that doctrine did and didn’t do. The Fairness Doctrine was a  1949 rule, finally discarded in 1987, that applied ONLY to broadcast channels owned by the government. Ownership allowed government to attach conditions to the lease of those airwaves–attempting to apply it to cable or other privately owned means of communication would violate the First Amendment.)

I used to share with students something I called my “refrigerator theory of Free Speech”–like the forgotten leftover in the back of your refrigerator now covered in green fuzz, suppressed ideas will eventually smell the place up. Put those same leftovers in bright sunlight, and their stench is baked out.  The marketplace of ideas can’t function properly unless there’s verbal sunlight, and freedom of speech requires that We the People participate in that marketplace and produce that sunlight–in this case, more and better speech.

As Nichols says,

No matter how much you don’t like it, you cannot ban, censor, or silence Fox. It’s that simple. You can choose not to watch it and encourage others to do likewise—which can have more impact than you might think. Another possibility is for businesses and institutions to choose neutral programming in common areas such as sports or weather, as military exchanges (stores for military personnel) did in 2019.

He is absolutely right–and that’s what’s so incredibly frustrating. Bottom line, rescuing our democracy necessarily depends upon the efforts of millions of reasonable Americans to combat the hatreds, fears and racial grievances that motivate the members of today’s GOP cult and provide the content of its propaganda arms.

Ultimately, America’s survival as a democratic republic will come down to whether good people–including genuine conservatives–outnumber, outvote and occasionally out-yell the White Nationalists, theocrats and other angry, frightened people who are the target audience of outlets like Fox “News.”

There’s no guarantee those good people will prevail…..and that’s what is so terrifying….

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Perspectives…

During family gatherings, one of my sons often retells the story of a long-ago visit to the Rice Museum in Georgetown, South Carolina, and an accompanying tour guide/docent’s  description of a couple of the displays. (Docent may be an overly grand title; the museum is tiny and its displays are, shall we say, homegrown).Georgetown was the rice capital of the world back in the 1700s, and as we viewed a painting of Black folks working in a rice field, she explained that one of the most egregious injustices of the Civil War was the fact that, when the slaves were freed, plantation owners weren’t compensated for the loss of their property.

In her view, if the government was going to deprive them of the use of their “property,” it had an obligation to reimburse them…

At the time–well over twenty years ago– it was all I could do to keep my son from delivering  some very non-genteel observations about the definition of property. The incident clearly made an impression on him, because every so often he still marvels at the culture that led this otherwise pleasant-seeming woman to view other human beings as the equivalent of cattle and their “appropriation” as tantamount to theft.

I thought about that incident when I read a Talking Points Memo report on a recent Fox “News” segment. Here’s the lede:

Today’s little Fox News gem was a segment on what a huge bummer it is to visit Thomas Jefferson’s Monticello these days, what with all the focus on slavery and what not at what was built as a slave plantation.

A bow-tied, bespectacled guest for the segment was billed hilariously in one chyron as a “recent Monticello visitor.” Turns out there’s a little more to the story.

The bow-tied visitor–one Jeffrey Tucker– complained that even Monticello hadn’t been protected from “this disease of wokeism.” It turned out that Tucker had some history of his own–and that history was illuminating.

One thing about the internet–once something is posted, it is there forever…(I hope that’s true of those deleted Secret Service texts. But I digress.)

A 20-year-old report by the Southern Poverty Law Center about the Neo-Confederate movement had identified Tucker as a founding member of something called the League of the South–a proudly racist organization. He denied being a founder, but he was listed on the League’s Web page as a “founding member,” and he has written for League publications. Furthermore, several League members have lectured at events held by Tucker’s Ludwig von Mises Institute.

As the story from Talking Points Memo concluded,

Tucker’s star turn on today’s Fox segment came just a few days after he served as a named source for a New York Post story headlined “Monticello is going woke — and trashing Thomas Jefferson’s legacy in the process.”

It’s usually a little more difficult to pinpoint the origins of the newest right wing hobbyhorse. Tucker’s presence makes this one easy.

On the right, “going woke” is a current, favorite slur. (A recent, contending meme floating around defines “woke” individuals as people “who didn’t sleep through science and history classes.”)

We all occupy informational and value bubbles. In my bubble, where conversations tend (mostly but admittedly not always) to be based on credible, verifiable evidence,  a recurring discussion revolves around the question “how can any sane person believe [fill in the blank].

It’s one thing to recognize the political lens through which MSNBC and CNN, among others, view events. It is exceedingly misleading to equate that perspective with the out and proud dishonesty of outlets like Fox and OAN. There is a significant difference between a point of view and the constant dissemination of intentional propaganda carefully crafted for, and aimed at, a constituency desperate to confirm belief in a patently false narrative.

Apparently, it would take something like cult deprogramming to dislodge the profoundly racist paradigms through which far too many Americans continue to view the world. We can only hope that most of the Americans who continue to embrace that worldview are elderly and will eventually die off–leaving Fox and its clones with a significantly smaller audience for their deliberate disinformation.

I’m a member of that older cohort, but I’m convinced it’s past time to turn the levers of government over to a younger generation. If my former students were representative, they were far more inclusive, far less credulous, and far more concerned with the common good than my cranky and curmudgeonly generation.

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Republicans Are Coming For Your Birth Control

In the wake of Dobbs, spurred by a clear threat best articulated in Clarence Thomas’ concurring opinion, the U.S. House of Representatives has passed a bill that would guarantee continued access to contraception.

Actually, that sentence is somewhat inaccurate: the Democrats in the House passed the measure; they were able to garner exactly eight Republican votes.

Think about that.

The measure passed 228 to 195, meaning that almost all Republicans refused to protect an unrestricted right to the purchase and use of contraception. Those eight votes represented only slightly more Republican support than two bills that the House passed the prior week, which would have guaranteed access to abortion. Almost all Republicans united in opposition to that measure.

Worse still, the linked article from the Times reports that the contraceptive bill is “almost certain to fail in the evenly divided Senate, where most Republicans are also likely to be opposed.”

Again–think about that. Today’s GOP wants government to be able to control one of the most intimate decisions citizens can make–a decision that is fundamentally private, a decision that is absolutely none of government’s business

“An extreme G.O.P., an extreme Supreme Court, they want to take away your freedom and your control over your own lives,” said Representative Angie Craig, Democrat of Minnesota. “We are in an absurd time.”

She said before the vote that “quite frankly, I’m appalled that we have to vote on this damn bill at all. This is not an extremist issue. This is an extremist G.O.P.”..

Half of the eight Republicans who broke with their party to support the measure are retiring from Congress, including Representatives Anthony Gonzalez of Ohio, John Katko of New York, Adam Kinzinger of Illinois and Fred Upton of Michigan. The remainder — Representatives Liz Cheney of Wyoming, Brian Fitzpatrick of Pennsylvania, Nancy Mace of South Carolina and María Elvira Salazar of Florida — have sought to appeal to moderates and independent voters to bolster their re-election bids.

In Griswold v. Connecticut–a 1965 case–William O. Douglas’s majority opinion reflected the logic of its conclusion. He wrote “Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.” The majority found a right to privacy–the doctrine of substantive due process that was explicitly undermined in Dobbs–in the language of several of the amendments, which Douglas noted would be difficult or impossible to respect without  the implicit recognition of such an underlying right. In a concurrence, Justice Goldberg found that same right in the Ninth Amendment, and Justices White and Harlan argued that privacy is protected by the due process clause of the Fourteenth Amendment.

Wherever it resided–in a “penumbra” or the 14th Amendment–they agreed on its presence and importance.

The bottom line–a line virtually all Americans have come to rely upon–is that there is a limit to decisions that government may legitimately make. The very language of that libertarian premise I often quote indicates where that line is to be drawn: We the People have the right to live our lives in accordance with our own moral, ethical and religious beliefs, free of government restrictions, so long as we are not thereby harming the person or property of others, and so long as we are willing to grant an equal right to others.

Government, in other words, has the right–indeed, the obligation–to intervene when our behaviors are harming people who haven’t consented to that harm. Government must leave us alone–in Justice Brandeis felicitous formulation–otherwise. In my far less felicitous framing, the question is: who decides? If my beliefs or behaviors aren’t hurting anyone else, the decision must rest with me.

There can obviously be debates about the nature of harm. (Does a refusal to wear a seatbelt threaten others and justify seatbelt laws? how?) But that isn’t what today’s social issue debates are about. Today’s GOP is a White Nationalist Christian cult, intent upon breaching any right to self-determination that is inconsistent with its twisted theology–a theology not shared–indeed,rebutted– by many genuine Christians.

To the Americans who have relied on their right to direct their own lives for the past fifty years–who have pooh-poohed warnings about the Christian Taliban, confident that their right to self-determination was secure–Congress has sent a message. It can happen here.

In fact, it is happening. Right now.

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Lawyers Are Grieving

A letter to the editor (Josh Marshall) of Talking Points Memo struck a nerve with me. A major nerve.

As Marshall noted in an introductory paragraph, this term’s string of decisions from the Supreme Court prompted a number of letters from lawyers; he began by quoting one correspondent:

I don’t believe laypeople really understand what a a heavy, heavy emotional lift it is for the vast majority of attorneys generally, and law professors in particular. The belief that we are serving the rule of law and that that while decisions will always be shaped by human weakness, judges can and will render rulings contrary to their ideological predilections if the law requires it is central to our identity. it is what makes us more than the lawyer jokes say we are. It is the essence of the constitutional principle of due process, equal protection, Magna Carta law of the land. All that stuff. It’s hard to accept that it’s dead and courts are just political actors, even as right wing billionaires have plowed fortunes into making state and federal courts exactly that.

I have had this conversation with many attorneys who are not political maniacs like I am. I find few who are not struggling with acceptance because, make no mistake, acceptance is to accept existential crisis, accept the need, at best, to completely redefine who we are and how we do it. In a real sense, most of us are grieving for due process and rule of law like people grieving a death where no body has been found. We know it emotionally, but don’t accept it intellectually or accept it intellectually, but not emotionally.

This particular writer has eloquently conveyed what I–and the multiple lawyers in my immediate and extended family–have been feeling. The ground has shifted beneath our feet, and we are disoriented. I no longer know what country I inhabit. As another letter-writer put it, we’ve been forced to recognize that defending America’s democratic institutions and defending the legitimacy of the Supreme Court are no longer compatible. “You can’t be on the side of the virus and the cure at the same time.”

No kidding.

For most of my professional life, I’ve been very patriotic (perhaps overly so, I’ve reluctantly concluded)–and that patriotism has been rooted in my reverence for what I understood to be the original underlying premises of the Constitution and Bill of Rights. I have always understood America’s government to be constructed on the libertarian premise that we humans have the right to autonomy, to  self-determination, until and unless our actions are harming the person or property of another, and so long as we are willing to accord an equal liberty to others.

True, that genuinely original principle wasn’t shared broadly enough, wasn’t extended to those wrongly viewed as lesser, but at the time, its mere articulation represented a huge advance in conceptions of legitimate governance.

I spent twenty-one years sharing that conviction with university students. I’ve made hundreds of speeches, written literally thousands of columns, academic papers and blog posts based firmly on the understanding that in my country, religious folks didn’t get to legislate obedience to their doctrines, government didn’t get to dictate my private beliefs and/or behaviors–and that those and other limits on government infringements of my personal liberties are at the very heart of what does make America great.

Our job as citizens, I taught, is to ensure that the respect for human rights at the heart of our original founding philosophy is extended to people who have previously been marginalized or oppressed.

That founding philosophy–that genuine originalism– is being purposely upended by an illegitimate and profoundly dishonest Court majority. As Marshall noted, in response to several of the letters he shared,

A whole ideology of judicial independence and the very idea that the law is an independent force with a logic of its own, a constraint on the vicissitudes of power and politics, does seem under threat from the realities of the moment…

We’ve learned a common pattern in which a constitutional challenge once viewed as unprecedented bordering on absurd emerges as new constitutional law two or three years later. This is all the definition of an out of control Court operating beyond its authority. The process by which it arrived at this point is one of a deep and profound corruption.

That corruption can only be addressed by the political process. As Marshall says, both of the other branches must act in concert, limiting jurisdiction and adding judges;  these are  “legitimate remedies, responses to the perversions of the rule of law and judicial independence rather than attacks on it.”

Of course, if there isn’t a blue wave in November, this won’t happen. Like most lawyers, I’m in mourning.

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Sometimes, There Really Are Conspiracies

Or at least, co-ordinated efforts that look pretty conspiratorial.

At first glance, the co-ordinated effort to hobble government efforts to provide for the “general welfare”–to work on behalf of the common good–would seem to have little or nothing to do with a widely reported incident at a Wisconsin Walgreens. A married couple on vacation realized that the wife had left her birth control at home, so she went into the drugstore, picked a box of condoms from the shelf, and took them to the register. A  pompous little prick at the register refused to ring them up, citing his “faith.”

As a contributor to Daily Kos noted,

There’s no law in America against being an ass, so this Walgreens clerk was entirely within his rights to behave like one. But, because of five Republicans on the Supreme Court, it now is problematic — and soon could be against the law nationwide, if Clarence Thomas gets his way — for Walgreens to fire him for “exercising his faith” when working in a drugstore.

The vast majority of Americans, opinion research shows, think a situation like this is absurd. As Jennifer Brooks notes in an article about the Pentz’s experience for the Minneapolis Star-Tribune: “When the Pew Research Center surveyed American attitudes about birth control, just 4% viewed contraception as morally wrong. 

The writer then connected this exhibition of religious nuttery to the broader–and far more concerning–longterm effort to neuter the authority of government.

The rightwing billionaires and the corporations and foundations aligned with them knew back in 1971 — when Lewis Powell laid out their strategy in his infamous Powell Memo the year before Nixon put him on the Supreme Court — that most Americans wouldn’t happily vote to lower billionaires’ taxes, end unions and regulation of gun manufacturers, or increase the amount of refinery poisons in our air.

So the strategy they came up with to capture control of our government was pretty straightforward:

  1. Convince Americans that taxes aren’t “the cost of a civil society” but, instead, a “burden” that they were unfairly bearing. 
  2. Convince Americans that regulations that protect consumers and the environment are also “burdens” from an out-of-control “nanny state.” 
  3. Convince Americans that unions aren’t “democracy in the workplace” that protect workers’ rights but, instead, an elaborate scam to raid workers’ paychecks to the benefit of “corrupt union bosses.”

As he writes (and many others have documented) they spent five decades and billions of dollars to subsidize think tanks and policy groups at both the federal and state level. As a result, there’s now an extensive network of them reaching from coast-to-coast, all turning out copious policy papers and press releases.

They also sponsored rightwing talk radio– and Australian billionaire Rupert Murdoch rolled out Fox “News” to compliment the propaganda campaign. Social media bots and trolls came later, as did literally thousands of websites pretending to be newspapers.

They hooked up with the NRA, which helped sponsor the Reagan Revolution and was richly rewarded with laws that forbade the federal government from compiling gun death statistics and gave complete immunity from lawsuits to weapons manufacturers and sellers for the damage their products cause (the only industry in America that enjoys such immunity).

And they finally got a lot of Americans to go along with their plan, because they’d added in a religious “secret sauce.”

As the writer tells it, Jerry Falwell was a critical part of that “secret sauce.”

Falwell was an inveterate grifter, hustling Jesus to build a multi-million-dollar empire while ignoring Jesus’ teachings about humility, poverty, and the need to care for others. A new, muscular Jesus — a Jesus who endorsed assault weapons and private jets for preachers — came to dominate much of America’s protestant Christianity.

This Jesus wanted you to get rich — riches are a sign of God’s blessing — and in the 1980s, the “prosperity gospel” was all over TV and in megachurches. 

The televangelists became multimillionaires, churches openly defied IRS regulations and preached politics from the pulpit, and millions of mostly non-political church-goers were suddenly evangelists not just for Jesus but also for the Republican Party…

To keep the rubes coming to the churches where they’d hear that GOP message, Republicans on the Supreme Court had to throw them the occasional bone. Giving bakers the right to tell gay people wanting a wedding cake to screw off was one of them, setting up the “religious right” of pharmacists to refuse to sell condoms.

I’m dubious that these efforts were as intentional and strategic as the author clearly believes, but the degree of coordination is really irrelevant. The results–the major problems America now faces– are indisputable.

And as he says, they were all made possible by an unholy alliance of church and state that the Founders warned us against.

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