If It’s Mental Illness…

I always hesitate before blogging about guns, knowing that posting any opinion other than “yes, you have a constitutional right to pack heat whenever or wherever you want, and it doesn’t matter how many times you’ve beaten your wife” will generate howls of opprobrium and hysterical accusations that I want to disarm everyone.

But still.

The Orange Menace in the Oval Office is on record–well, on twitter–saying that America doesn’t have a gun problem, that what we do have is a mental health problem.

There are, of course, multiple available rebuttals to that statement. We might point out that other countries with similar percentages of mentally-ill citizens but fewer guns have dramatically fewer incidents of gun violence. We might point out that allowing civilians to own lethal assault weapons developed for warfare is evidence of a different sort of mental illness. We might point out that the Second Amendment doesn’t require a failure to differentiate between a hunting rifle and an AK-15.

Even if we ignore those arguments, we’re left with a question that our Tweeter-in-Chief conveniently ignored: if mass shootings are attributable to failures of our efforts to keep firearms out of the hands of the mentally ill, why did he eliminate Obama’s restrictions on gun ownership for people with mental illness? (We do know the answer to that: Trump’s obsessive hatred of Obama and his fixation on erasing any and all measures attributable to his predecessor.)

As NBC reported in February,

President Donald Trump quietly signed a bill into law Tuesday rolling back an Obama-era regulation that made it harder for people with mental illnesses to purchase a gun.

The rule, which was finalized in December, added people receiving Social Security checks for mental illnesses and people deemed unfit to handle their own financial affairs to the national background check database.

Had the rule fully taken effect, the Obama administration predicted it would have added about 75,000 names to that database.

President Barack Obama recommended the now-nullified regulation in a 2013 memo following the mass shooting at Sandy Hook Elementary School, which left 20 first graders and six others dead. The measure sought to block some people with severe mental health problems from buying guns.

The GOP-led House and Senate obediently passed the bill nullifying the Obama-era measure, and officials of the NRA “applauded” the action.

Of course they did.

Sen. Chris Murphy, D-Conn., a leading gun control advocate in Congress, called out Republicans over the move.

“Republicans always say we don’t need new gun laws, we just need to enforce the laws already on the books. But the bill signed into law today undermines enforcement of existing laws that Congress passed to make sure the background check system had complete information,” he said in an emailed statement.

So, welcome to the U.S. of A… On this Thanksgiving Day, feel free to express your gratitude for a country where any raving lunatic can legally buy a gun, and the twittering lunatic in the White House can launch nuclear weapons.

American exceptionalism, baby!

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Meanwhile, At The FCC….

Unlike many–most?–of Trump’s appointees, FCC Chairman Ajit Pai appears to know what he’s doing and how to do it. And that’s a big problem.

He’s already rolled back what The Street calls a “pillar of U.S. media ownership restrictions.

“Owners of local television stations will be permitted to buy a local radio station or newspaper in the same market after the Federal Communications Commissions on Thursday, Nov. 16, voted to lift the ban on cross-ownership that had stood since 1975. The agency, which has been fast eliminating restrictions long opposed by TV station companies, also eliminated a ban on two TV stations in the same market from entering into joint sales agreements to sell advertising.

The restrictions being lifted were intended to prevent any one political perspective from dominating a given media market. Here in Indianapolis, where right wing Sinclair is proposing purchase that will allow it to dominate the radio market, this new permissiveness is likely to facilitate a market blanketed with Fox-like, right wing propaganda.

FCC Chairman Ajit Pai, a Republican who orchestrated the changes, said the bans and other restrictions were no longer relevant given the advent of online news sources and the shrinking circulations of most local newspapers. The two Democrats on the five-person commission, echoing other critics, countered that Pai understated the importance and impact that local media sources continue to have despite the rise of Facebook Inc. and other social media platforms.

The damage this change will inflict pales, however, in comparison to Pai’s most cherished goal–the elimination of net neutrality rules.

As Time Magazine and a number of other news outlets have reported,

Federal Communications Commission Chairman Ajit Pai on Tuesday followed through on his pledge to repeal 2015 regulations designed to ensure that internet service providers treat all online content and apps equally, setting up a showdown with consumer groups and internet companies who fear the move will stifle competition and innovation.

The current rules, known as net neutrality, impose utility-style regulation on ISPs such as Comcast, AT&T and Verizon to prevent them from favoring their own digital services over those of their rivals.

Pai says he wants the FCC to stop “micromanaging” the Internet. What he calls micromanaging is what we used to call “regulating,” and although it is certainly possible to point to examples of excessive regulation, there was–and is–a reason for establishing “rules of the road.” The reasons for net neutrality rules are especially compelling.

As the Internet Association, a group composed of major internet companies such as Google and Amazon, put it,

“Consumers have little choice in their ISP, and service providers should not be allowed to use this gatekeeper position at the point of connection to discriminate against websites and apps.”

The group is fighting the change. So are many other organizations concerned with consumer rights.

Consumers Union predicted a repeal of net neutrality would allow ISPs to raise their prices and give preferential treatment to certain sites and apps.

“Strong net neutrality rules are vital to consumers’ everyday lives and essential to preserving the internet as we know it today — an open marketplace where websites large and small compete on equal terms and where information and ideas move freely,” said Jonathan Schwantes, the advocacy group’s senior policy counsel.

Two of the FCC’s five voting commissioners signaled they will oppose Pai’s plan.

Commissioner Jessica Rosenworcel derided Pai’s plan as “ridiculous and offensive to the millions of Americans who use the internet every day.”

Commissioner Mignon L. Clyburn skewered Pai’s proposals as “a giveaway to the nation’s largest communications companies, at the expense of consumers and innovation.”

Before being named to the FCC, Pai was an executive at Verizon. I’m sure that’s an irrelevant factoid.(cough, cough).

The last time net neutrality was attacked, John Oliver delivered such an effective argument against the change that the switchboards at the FCC were overwhelmed; his diatribe was said to have prompted some 150,000 calls. Scheduling the vote for the week after Thanksgiving is a rather transparent effort to avoid that sort of public outrage, an effort to change the rule while people are otherwise occupied.

Let’s not allow that strategy to work. I encourage everyone to click through, watch Oliver’s explanation of what’s at stake–and then call the FCC.

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A (Sort Of) Defense Of Jerks

The public reaction to allegations against Harvey Weinstein, Louis C.K. and so many others is welcome and long overdue. The public revulsion to the disclosures, the almost daily revelations about other prominent figures, and especially the #metoo movement that encouraged women to add their own experiences of harassment to the public discourse have caused a lot of men to review their past behaviors, and to consider whether and when they may have gone over the line.

That said, if this particular moment in time is going to usher in a lasting, positive change to both private behaviors and public reactions to those behaviors, it is important that we recognize that a line exists and agree about where it should be drawn. As Ruth Marcus cautioned, in a column for the Washington Post, having under-reacted for so long, we need to take care not to over-react now.

It isn’t really over-reaction that is the danger; we clearly need to act–firmly and punitively–when we are faced with evidence of sexual harassment or worse. The danger lies in neglecting to make important distinctions. We are really dealing with three categories of (mostly male) conduct: people who are engaging in criminal behaviors, people who are abusing positions of power, and still others who are simply behaving like jerks.

Some of the allegations against Roy Moore fall in the first category.  His reported encounter with the 14-year-old is textbook molestation. His other behaviors probably rose to the level of stalking. Those actions aren’t simply wrong, they’re illegal. Similarly, the unwelcome touching Donald Trump bragged about on that notorious tape are sexual assault, not “locker room talk.” (Unfortunately, when you’re a “star”–excuse me while I puke–“letting you” do it means they don’t bring charges.)

Sexual harassment occurs when a person in a position of power or authority abuses that power in order to get some sort of sexual satisfaction. The satisfaction may “just” be bullying– creating what lawyers call a hostile workplace, and taking some sort of sick enjoyment from making a subordinate uncomfortable. (I recall a case where several male employees constantly posted raunchy posters and told foul jokes in order to torment the lone embarrassed female employee.) More often, harassment is a demand for a sexual quid pro quo–if you want that raise, that promotion, that film role, here’s what you need to do…The key to sexual harassment is disparity of power. If the person acting inappropriately is in a position to help or harm the object of his advances, the line is definitely crossed.

That leaves us with “jerk” behavior. This is the category where changing cultural norms really do play a part. When I was the sole female partner in a small law firm in the early 1980s,  two of my male partners occasionally engaged in “joking around” that would undoubtedly be considered offensive today. But we were peers, we exercised equal authority, and I’m confident that had I been offended, they would have apologized and stopped. The culture at the time encouraged verbal banter that would be frowned upon today. (Emphasis on verbal.)

Today, in most places, the culture has changed. As women have participated in the workforce and civic life in greater numbers, we’ve stopped making excuses for jerk behaviors–verbal or physical– that “gross out” or diminish the women who experience them. This post is certainly not intended to defend jerks who engage in boorish, sexist conduct.

What I am defending is the importance of distinguishing between categories of transgression.

There are reasons to be careful before equating jerk behavior with rape, or with Harvey Weinstein masturbating in front of unwilling women. There is a significant difference between Roy Moore asking a 14-year-old to touch his erect penis, or our reality “star” President grabbing a woman’s private parts, and an unwanted pat on the butt from someone  you can call out loudly and publicly without fear of repercussion.

I repeat: none of these behaviors are acceptable. A “good old boy” culture that permits or encourages any of these kinds of conduct needs to be changed–and it is, finally, being changed. But if we fail to distinguish between the boorish and the unforgivable, if we fail to calibrate the sanctions to the gravity of the offense, we risk trivializing the meaning of inexcusable.

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I Don’t Think That Word Means What You Think It Means…

Not every policy change is a reform, and I’m getting more than a little annoyed by efforts to paint things like tax cuts and voucher programs as “reforms.”

I’ve explained in previous posts why the abominable tax bill currently being rushed through Congress isn’t “reform.”  In several states, including Indiana, theocrats intent upon taking tax dollars from public school systems and directing those dollars to religious schools have employed a similar tactic, cloaking those efforts in the rhetoric of “educational reform.”

Betsy DeVos has frequently referred to one such program, in a county in Colorado, in glowing terms, so it was really satisfying to learn the results of a recent school board election in that county.

On Tuesday night, the longstanding fight over a controversial voucher program in Douglas County, Colorado, appeared to have come to an end. In a local school board election that has found its way into the national debate over voucher programs, four anti-voucher candidates—Chris Schor, Kevin Leung, Anthony Graziano, and Krista Holtzmann—defeated reform-supporting candidates in a landslide.

According to the story in Mother Jones, Douglas County is one of the wealthiest counties in the country. The school district is large, with 67,000 students.

As Politico has put it, the county “has gone further than any district in the nation to reshape public education into a competitive, free-market enterprise.” Since 2009, the board has successfully ended a collective bargaining agreement with the local teachers union and enacted a “pay for performance” salary system for teachers.

Its most controversial move, though, came in 2011, when it approved a sweeping school voucher program that aimed to give up to 500 students publicly-funded scholarships to attend participating private schools. The county’s voucher program was the first district-created program in the country. Ninety-three percent of the pilot class of scholarship recipients enrolled in religious schools, according to court documents. It sparked outcry from those who argued that it was a diversion of public money away from public schools. Over the next few years, the suburban district in many ways become a model for conservatives looking to reform education nationwide and the group of reform-minded board members received support from national right-wing groups like the Koch brothers’ Americans for Prosperity.

That generous financial support kept pro-voucher commissioners on the school board until an election in 2015, when three members were ousted by opponents of the program. The Board was still majority pro-voucher, 4-3, but their power was weakened.

This month, after a campaign that saw hundreds of thousands of dollars pour in from the Koch brothers, a Republican political committee on behalf of pro-voucher candidates and the teachers’ union on behalf of the anti-voucher candidates, the anti-voucher candidates swept to decisive victories in all seven races.

That voters were not swayed by the influx of money and rejected the voucher program was a great outcome. But here’s my beef. A spokesperson for the winning slate was quoted as follows:

“Students at every school, students at every grade level and students with varying needs, all of them won tonight because our schools can now continue the return to excellence that began two years ago, after it became clear that reform had failed our children.”

Reform didn’t fail. An effort to enrich religious schools at the expense of public ones failed.

If I learned one thing in law school and in the practice, it was this: he who frames the issue wins the debate. When political activists accept the other side’s framing, they are agreeing to fight on the other guy’s turf.

The word “reform” denotes improvement. Tax cuts for rich people at the expense of middle-class Americans isn’t “reform.” Robbing public schools in order to benefit religious schools isn’t “reform.” In both cases, it’s theft, and with respect to vouchers, it’s an effort to circumvent the First Amendment’s Separation of Church and State.

Call it what it is.

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Easy To Destroy, How Long To Repair?

A friend who lives in Wisconsin occasionally sends me items from newspapers in that state that he thinks will interest me. Most have obvious implications for other states–and since Scott Walker became Governor, those implications have tended to range from worrisome to terrifying.

The most recent news from what I’ve come to call “the frontier of shooting yourself in the foot” was a report about the University of Wisconsin’s loss of thousands of engineering students.

The story began by explaining why engineering is “more than classrooms and theory: It’s a hands-on discipline for turning ideas into prototypes and products that help people.” The university should have a number of advantages when it comes to attracting engineering students–most recently, it has used private grant funds to create an innovative “maker space” appealing to both in-state and out-of-state applicants.

Accommodating those applicants is a different issue.

There are roughly 4,500 undergraduate students in UW-Madison’s engineering sequence today. About 6,600 applied last year, including many qualified applicants from outside Wisconsin who could add to the state’s talent base.

The main barrier to taking more is a lack of faculty to educate more students without diminishing the quality of the experience for all. Private gifts help, but the core funding for faculty hires comes from state government support and student tuition.

As the article delicately puts it, those funding sources “haven’t grown.” That’s a rather massive understatement: the Walker Administration’s cuts to funding for the university can only be characterized as savage. In the wake of those cuts, and other measures inimical to higher education, the once-storied University of Wisconsin has seen faculty depart and rankings slip.

Walker not only engineered (no pun intended) an enormous $250 million cut to the University of Wisconsin’s budget, just when other state universities were finally emerging from the recession. He also proposed to get rid of academic tenure.

As one observer wrote at the time,

With his draconian budget cuts and his assault on the tenure system, Walker is sending a message that professors at Wisconsin should sit down and shut up. Some of them–those most able to move, which likely includes some of their best talent–might now be looking for greener pastures elsewhere.

An article in Slate a year later considered the consequences of these changes in funding and tenure protections. Several highly-regarded professors had left; others at risk of being “poached” were retained (at least temporarily) at a cost of some $9 million dollars in pay raises and research support. As the Slate article explained:

Academics, whether they have it or not, want some form of tenure to exist to protect the integrity of the knowledge that is produced, preserved, and disseminated.

Wisconsin professors simply do not want research limited by the whims of 18 people appointed by a governor with an openly stated anti-education agenda. And you shouldn’t, either. Think university research doesn’t affect you? You’re wrong. Hundreds of technological and social advances that you depend upon have been made thanks to the research of some brainiac at some university somewhere: what kind of cities to plan; how (and where) to alleviate poverty and hunger; what kind of diseases to treat; what kind of drugs to invent (or make obsolete); what kind of bridges and roads to build (and where). If professors are not protected from disagreeing with the agenda of their “bosses”—whether that be Dow Chemical, Gov. Walker, or President Trump—the consequences will go far beyond one person’s paycheck.

What is happening in Wisconsin is tragic: Scott’s vendetta against intellectual “elitists” is affecting everything from the quality of the state’s workforce  to its reputation and its ability to attract new employers. Last year, the state ranked 33d in job creation–not dead last (Kansas has that distinction) but nothing to brag about.

What is happening in Wisconsin is also where Donald Trump and today’s rabidly anti-intellectual GOP want to take the rest of us. And that is truly terrifying. It’s relatively easy to destroy an asset; rebuilding it, and restoring a sullied reputation is a far dicier proposition.

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