The Heckler’s Veto?

The Indiana Statehouse has been the focus of a lot of demonstrations over the years, and probably just as many efforts to abort–or at least minimize– those demonstrations. Remember when the KKK came to town? The argument was “We can’t let them use the Statehouse steps–people will riot and it will endanger public safety!” The same argument, of course, was made when Martin Luther King spoke at public venues in the South–public officials argued that he couldn’t be allowed to address the crowds because the local “bubbas” would riot and endanger public safety.

The courts have had a pretty standard response to such arguments: the First Amendment protects all expression, even “the idea we hate.” Neither the government nor the “hecklers” who disagree with the message get to veto other people’s right to speak.

The term “heckler’s veto” is shorthand for the proposition that people who don’t like an idea don’t get to “veto” its expression by threatening the public safety. If there is a genuine concern about safety, courts have uniformly held that the proper response is to address that concern–provide more police, remove weapons, fix rickety stairs or do whatever else it takes to minimize the perceived danger–without denying the speaker(s) First Amendment rights.

Which brings us to the current effort to minimize the message of people opposed to pending Right to Work legislation. If having lots of folks in “the people’s house” is truly dangerous, make whatever alterations/accommodations are necessary to ameliorate that danger. But it’s hard to accept the proposition that this sudden concern about “safety” is isn’t simply a transparently political effort to shut down political opposition, an effort at a somewhat more sophisticated version of the “heckler’s veto.”

Don’t believe that? Let’s engage in a “thought experiment” suggested by my son the other day.

Let’s say a member of the General Assembly offered a bill to provide public funding for late-term abortions, and his colleagues seemed likely to vote for that bill. How many of the legislators who are piously expressing concern for the “public safety” would be working to limit the number of people Eric Miller and his anti-choice cohorts could bring to the Statehouse?

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Mike Pence–running on retrograde

The IBJ reports that Mike Pence is coming back to Indiana  “to fight Washington, D.C.”  The paper noted that Pence was light on specifics, but did promise to fight health care reform and federal climate change legislation.

In what alternate universe do candidates who’ve spent  a major part of the past decades as part of the Washington, D.C. establishment run on a platform to fight Washington? On what planet do candidates ask for votes on the basis that they’re against healthcare and the environment?  (Vote for me! I’m in the pocket of the insurance lobby and I’m a climate-change denier!)

You have to give him credit for consistency, though–he’s AGAINST abortion, AGAINST same-sex marriage, AGAINST providing healthcare to those who can’t afford it or who’ve been denied coverage for pre-existing conditions, AGAINST stem-cell research, and AGAINST efforts to stop environmental degradation.  Perhaps his slogan should be “Mike Pence: against progress and the people of Indiana.”

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The Urban Archipelago

When I was doing research for my book “Distrust, American Style,” I came across an article written just after George W. Bush defeated John Kerry. The author rejected the “red state/blue state” divide, in favor of a more fine-grained analysis comparing voters in urban and rural areas. Cities tend to be blue, rural areas tend to be red; most states are thus “purple.” He called the blue islands in seas of red “Urban Archipelagos,” and attributed urban voting patterns to the lessons and attitudes one learns living in close proximity to other people. Urban life is diverse; it requires progressive attitudes and a degree of tolerance largely missing from more bucolic settings.

A recent survey by Pew on attitudes toward abortion tends to support that thesis–although what Pew was measuring were religious and denominational differences on the issue. As religious scholar Martin Marty summarizes the findings,

“Almost sixty percent “say that at least some health care professionals in their communities should provide abortion.” This time white evangelical Protestants are anti-abortion and joined by Latino Catholics. “White mainline” and “unaffiliated” are most “pro” (at 72% and 71%). “White Catholic” and (here’s one surprise for me) black Protestants, line up next (58% and 56%) as pro-abortion. Least enthusiastic is the third duo, “Latino Catholic” and “white evangelical” (at 38% and 37%). One large gap is between the pro-abortion among metropolitan areas (67%) and rural dwellers (39%). ” (emphasis supplied)

When you think about it, the urban/rural differences make a lot of sense. In a city, you soon learn the folly of insisting that everyone adhere to your personal religious and moral beliefs. You learn to live and let live. If you are truly open to the society of people with different backgrounds, ideas and customs, you may even come to question some of your own beliefs and prejudices, and to appreciate that–as an old friend of mine used to put it–it’s a very thin pancake that has only one side.

I think that’s the original definition of a “liberal.”


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The Kids Are All Right

Republican Presidential hopefuls keep playing to their (aging and shrinking) base.

Mike Huckabee recently said something to the effect that President Obama isn’t “really” American, because he wasn’t a Boy Scout with a father in Rotary. For his part, Newt Gingrich, that intrepid defender of traditional marriage, wants to impeach President Obama for his decision not to defend the constitutionality of DOMA in court.  (Lest you question Gingrich’s  commitment to “traditional” marriage, I would point out that he’s had three such marriages himself, and in each one, he dutifully behaved the way men “traditionally” behaved–at least in 19th Century France–by cheating on his wives.)

I hate to tell Newt this, but in the 21st Century, traditions are changing.

A new survey from Pew has confirmed what any objective observer can see: a continuing and rapid rise in support for same-sex marriage since 2009. Currently, 45% say they favor allowing gays and lesbians to marry legally, while 46% are opposed. In Pew surveys conducted in 2010, 42% favored and 48% opposed gay marriage and in 2009, just 37% backed same-sex marriage while 54% were opposed.

And despite the current war on women being waged in Congress, Pew found that opinions about abortion have also liberalized. In 2009, for the first time in many years, the public was evenly divided over whether abortion should be legal or illegal in all or most cases. But support for legal abortion has recovered and now stands at 54%.

Independents have become more supportive of both gay marriage and legal abortion since 2009. Roughly half of independents (51%) now favor same-sex marriage, up from 37% in 2009. And 58% of independents say that abortion should be legal in all or most cases, compared with 47% in Pew Research Center surveys two years ago.

When you look at the age breakdowns in these and other polls, you’re left with an inescapable conclusion: if we can just hang in there until the old farts in my age cohort die off, the kids will be all right.

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If You Can’t Say Something Nice…….

I’ve got to say, events of these last few months have really put a strain on my mother’s admonition that “If you can’t say something nice, then don’t say anything at all.”

Okay–let me try. The Indiana legislature did take a (hesitant) step toward rational policy-making by setting up a committee to study marijuana prohibition. It’s only a study committee, but it is implicit recognition of the fact that our drug war policies are costly and counterproductive. That’s a good thing.

Problem is, so far as I can tell, it’s the only good thing that has happened during this legislative session.

  • At a time when poll after poll finds job creation at the top of the list of voter concerns, the GOP majority has been fixated on restricting abortion,  prohibiting   same-sex marriage, union-busting and immigrant bashing.
  • Despite all the verbal hand-wringing about the state’s fiscal problems, the legislature refused once again to eliminate Indiana’s 1008 wasteful, unnecessary and expensive Townships.
  • The war on public education may be well-intentioned (to give lawmakers the benefit of the doubt), but it is anything but informed. One small example: the effort to link teacher pay to student achievement. Sounds reasonable–if you don’t understand the situation.  The likely result would be to discourage good teachers from teaching in schools with lots of poor kids, since available research links student performance to parental income. (There are ways of measuring achievement that control for socio-economic status, but somehow I don’t think that’s what our genius legislators intend.)

    I have a student who is interning at the State Senate. His account of the “discourse” (note quotes) in that august chamber are dispiriting, to say the least. To date, my favorite is the statement made by Senator Ron Alting during discussion of Delph’s anti-immigration bill. Alting began by saying that the legislation would damage Indiana’s reputation; he also recognized that it would hurt economic development and our convention business, saying “we will be impacted like Arizona.” His conclusion? “So be it. I’ll vote for it.”

    Just kill me now.