Is Low Civic Literacy a Wicked Problem?

In 1973, Horst W. J. Rittel and Melvin M. Webber published an influential article on the nature of social problems. Titled “Dilemmas in a General Theory of Planning,” the article focused upon the difficulty of solving what they dubbed “Wicked Problems,” and triggered an ongoing scholarly discussion about the nature of such problems and the differences between efforts to craft social policies addressing them and the “tamer” and more linear approaches appropriate to the solution of scientific problems (Rittel and Webber, 1973).

As Rittel and Webber (1973) defined them, stubborn (“Wicked”) problems are those implicating value judgments and perceptions of equity. Given the pluralist nature of contemporary democratic societies, those values and perceptions will be heterogeneous, making even agreement on policy goals a contested exercise. Furthermore, wicked problems are by definition systemic, and efforts to address them will have “waves of repercussions that ripple through such systemic networks” (p. 156).

“One of the most intractable problems is that of defining problems (of knowing what distinguishes an observed condition from a desired condition) and of locating problems (finding where in the complex causal networks the trouble really lies). In turn, and equally intractable, is the problem of identifying the actions that might effectively narrow the gap between what-is and what-ought-to-be” (p. 159).

Rittel and Webber (1973) proceeded to identify ten characteristics of wicked problems, and subsequent scholarship has elaborated on them (Richey 2005, 2011; Weber and Khademian 2008; Conklin 2001). Indeed, a robust and widely diverse scholarly literature has developed in which the notion of problem “wickedness” has been applied to everything from ecological challenges and environmental degradation (Brennan 2004; McKinney and Harmon 2004; Frame 2008; Frame and Brown 2008; Rayner 2006), to business and manufacturing (Camillus 2008; Conklin 2005; Powell, Kopet and Smith-Doerr 1996), to democracy, citizenship and politics (Barabas, Jerit, Pollock and Rainey 2014, Mathews 2008; Chrislip and Larson 1994) to public administration and governance (Head and Alford 2013; Feldman and Khademian 2002; Kettl 2003, 2202; Bardach 2001; Evans 2000; Klijn and Koppenjan 2000; Agranoff and McGuire 1998) to general organizational theory (Kedia and Mukherji 1999; Susskind, McKearnan and Thomas-Larmer 1999; Behn 1998), among many others.

A scholarly literature particularly relevant to problem “wickedness” is network theory, which has grown significantly since the introduction of the concept of “wicked problems.” As Weber and Khademian have documented (2008), the study of networks has augmented, and arguably is replacing, prior scholarship focused upon hierarchies and markets. Networks have come to be seen as an effective means of addressing complex problems and achieving collective goals. (Peters 2001 Podolny and Page 1998; Kickert, Klijn and Kippenjan 1997; Powell, Kopet and Smith-Doerr 1996). Weber and Khademian define effectiveness in this context as collaborative capacity, improved policy performance, and accountability, and argue that addressing the special attributes of “wicked problems” requires the sorts of collaboration and knowledge sharing that networks make possible.

While the literature of network theory has seen a copious expansion, scholarship applying the concept of problem wickedness to education, and especially to citizenship education, has remained relatively sparse. Educators and educational philosophers have begun to investigate the intersection of growing complexity and the transmission of civic knowledge (Hipkins 2010; Kress 2008; Gilbert 2005; Boyd, Bolstad, Cameron, Ferral, Hipkins, DcDowall et al 2005; Westheimer and Kahne 2004) but none have as yet applied the lens of “wickedness” to the specific challenges of civic education.

In order to determine whether the transmission of civic knowledge is a wicked problem, and whether the stubbornly low levels of American civic literacy can properly be categorized as “wicked,” it is necessary to determine how many of the problems faced by civic educators match the characteristics of wickedness enumerated by Rittel and Webber.

A caveat is important here: most wicked problems will not exhibit all ten of wickedness’ defining characteristics. Scholars are in agreement, however, that the greater the number of such characteristics, the “wickeder” the problem. The elements of wicked problems, as Rittel and Webber catalogued them, are: no agreed-upon formulation/definition of the problem; no “stopping rule” (solutions can always get better); solutions will not be true or false, but rather good or bad; there is no immediate and no ultimate test of solutions; every solution is a “one-shot” because there is no opportunity to learn by trial and error; there is no enumerable or exhaustively describable set of potential solutions; every wicked problem is essentially unique; every wicked problem is a symptom of another problem; discrepancies can be explained in numerous ways; and the planner (or problem solver) has no right to be wrong.

“So what is the problem that the term “wicked problem” addresses? The common sense approach to WPs is fairly straightforward: As stated above, WPs are about people – the most “complex adaptive systems” that we know of. They are subjective problems. Everything that has to do with people and society is ultimately subjective. Above all, WPs are about people as stakeholders: competing and cooperating, vying for position, willing to reflect, and to change their positions on the basis of this self-reflection. This is why such problems do not have stable problem formulations; do not have pre-defined solution concepts; and why their course of development cannot be predicted. This is also why attempting to causally model or simulate the paths of development of such problem complexes is often worse than useless” (Richey 2005).

Weber and Khademian (2008) offered a somewhat abridged description of the elements of wickedness, summarizing the more elaborate ten-characteristic typology offered by Rittel and Webber into three major dimensions: wicked problems are unstructured (their precise causes and effects are difficult to isolate, the problem-solving process is fluid, and there is little or no consensus on problem definition or solutions); they are cross-cutting (having multiple stakeholders with diverse perspectives, requiring trade-offs among competing values); and above all, relentless (there is no finish line).

Civic Literacy and Civic Skills

 

As used in this analysis, civic literacy refers to knowledge of America’s history, governing philosophy and structures. It is different in kind from the sort of “civic intelligence” addressed by Douglas Schuler and others (Schuler 2014) and indeed, would seem to be far more concrete than the social impairments that work against achievement of such civic intelligence.

At first blush, low civic literacy, defined as widespread ignorance of basic civic knowledge, would not seem to be a wicked problem. If people lack information about their history and government structures, if they lack the tools to understand the roots and/or nature of the issues they face, the solution seems simple enough: they should be educated, and provided with that information and those tools, preferably in school. It is only when we look more closely at the nature of the problem that we begin to understand the multiple ways in which the challenge presented by the deficit of civic knowledge may be wicked. To begin with, the educational process itself has multiple characteristics of wickedness.

For example, it’s often said that the education problem can’t be solved until the poverty problem is addressed. These two problems are intertwined not only with each other, but with many other social issues such as crime, child care, health care, and unemployment. These entangled problems are made even more complex because they are values-laden. It’s impossible for everyone to reach consensus about how they should be addressed. There is no right or wrong answer, and each attempted solution will give rise to other anticipated, unanticipated, and delayed wicked problems. Furthermore, each wicked problem can be considered a symptom of another wicked problem because of their interconnectedness. Wicked problems are never solved once and for all, just re-solved over and over again. Hence, the current state of affairs in education (McMahon, 2011).

When we focus upon education in service of civic participation, we encounter still other aspects of wickedness. Although there is significant debate about causation–about which comes first, lack of knowledge or lack of engagement– there is substantial evidence of the correlation between civic ignorance and civic apathy and disengagement (Delli Caprini, Keeter and Scott 1996; Levine 2011).

There is also ample research confirming the existence of what has been called a “civic deficit” (Delli Caprini, Keeter and Scott 1996; Galston 2001, 2004, 2007; Intercollegiate Studies Institute 2008, 2011; Schudson 2000; Torra & Novarro, 2008; Fleming 2012; Levine 2011). A recent blog post from the Center for Civic Literacy summarizes some of that research:

Only 36 percent of Americans can name the three branches of government. Fewer than half of 12th grade students can describe the meaning of federalism. Only 35% of teenagers can identify “We the People” as the first three words of the Constitution. Fifty-eight percent of Americans can’t identify a single department in the United States Cabinet. Only 5% of high school seniors can identify checks on presidential power, only 43% could name the two major political parties, only 11% knew the length of a Senator’s term, and only 23% could name the first President of the United States (Kennedy, 2015).

In What Way is Civic Literacy a “Wicked” Problem?

 

Existing research on civic knowledge confirms that deficits in civic literacy are real, but that research also displays the heterogeneous value commitments identified by Rittel and Webber. There is no agreement, for example, on the definition, causes or consequences of the problem. In some cases, there is disagreement about whether this lack of knowledge should even be considered a problem; a number of people dismiss the importance of content knowledge, asserting that cultural attitudes are more important. Others question whether low levels of political participation are really attributable to civic ignorance, suggesting that apathy and even satisfaction with the status quo are more likely to explain a lack of civic engagement (Dudley & Gitelson, 2002; Galston, 2004).

Among those who believe that lack of basic information is a genuine problem, there is no consensus on the content of the civic information with which a minimally-literate citizen should be familiar. American history? The Constitution? What about basic economic or scientific principles necessary to an understanding of current events (Kennedy, 2013)? And what about those current events? Should a civically-literate American know the names and partisan affiliations of at least high-ranking elected officials? The names and locations of countries with which we are at war? The identities of sitting Supreme Court Justices? Scholars are deeply divided over the value of such knowledge, with some dismissing it as trivia not reflective of or necessary to a genuine understanding of the operation of our democratic system, and others arguing that truly engaged or informed citizens will inevitably acquire such information.

Not only is there substantial disagreement on the nature of the information necessary to informed participation in the democratic process, Americans’ value heterogeneity challenges efforts to reach consensus on the meaning of even that content widely agreed to be an essential element of civic knowledge. This is especially true with respect to our basic legal structure. The Bill of Rights, in particular, is a statement of broad principles, and the proper application of many of those principles to new and emerging “facts on the ground” has historically been contested even by legal scholars. What has been called “constitutional competence” (Rosenbloom, 2000) is further challenged by partisans and outright propagandists who seek to exploit the inherently contestable nature of Constitutional language in order to further ideological or religious agendas. This means that even in areas where there is broad agreement about the sorts of basic civic knowledge citizenship requires, there is considerable dispute over the proper way to understand those principles and the way in which civics should be taught. In Oklahoma last year, for example, lawmakers threatened to defund Advanced Placement American history because they deemed the new curriculum, which emphasized critical thinking, insufficiently “pro American.”

Conservative critics attacked the new course guidelines, and charged that the increased inclusion of negative episodes constituted “rewriting American history” in ways that undercut (their version of) the purpose of teaching that history.

If we are judging civic competence by reference to participation rather than knowledge, what should count as adequate engagement? Voting in a Presidential election, but not a municipal one? Working with one’s neighbors to solve a problem? Attending a public hearing? Donating to or volunteering with a political campaign, or working with a nonprofit organization to solve a civic problem (a metric used in state-level Civic Health surveys)? Furthermore, in each of these cases, how do we assess the adequacy of engagement? Should voting and other political participation “count” more than donating to a cause or doing volunteer work for one’s church? Should the amount of the donation or the duration of the volunteer effort factor into the evaluation? What “grade” is to be deemed sufficient? What about clearly uninformed or destructive participation—say, membership in the Ku Klux Klan or in a “volunteer” militia patrolling the border?

As noted above, research does support the contention that civic knowledge and civic engagement are highly correlated (Delli Caprini et al., 1996; Milner, 2002), but the relative contribution of each is speculative, as is the question of causation. Are more knowledgeable citizens more likely to become civically involved, or does civic involvement lead to a more complete and accurate understanding of the way in which our democracy works (or doesn’t)?

If there is no agreement on the nature and extent of the deficit, there is even less on its causes. Critics of public education accuse schools and teachers of poor performance, of which civics is only a part; defenders point to the current emphasis on STEM subjects, No Child Left Behind, and the increasing conflation of education with job training as major reasons schools have little time for civics. Civics and social studies teachers note that the current emphasis on high-stakes testing inevitably means that teachers and students alike will emphasize those areas of the curriculum that are subject to testing; they point out that civics is rarely one of the areas tested. Sociologists and political scientists point to socio-economic factors, and note that the gaps in civic knowledge between poor children and those from more affluent families are similar to the gaps that characterize disparate performance levels in other subjects (Diemer, 2012).

Still other observers focus on the fragmentation of contemporary media, and its tendency to feed a popular culture that emphasizes celebrities and sports figures, rewards sensationalism, and increasingly lacks the resources to provide serious investigative reporting on matters of public concern. Recent research by the Jonathan M. Tisch College of Citizenship and Public Service (home to the Center for Information and Research on Civic Learning and Engagement, a pre-eminent resource for research on civic learning) has focused on the question whether and how the news media might impact broad democratic practices. Other explanations for low civic engagement include economic factors; observers note that low-income Americans are working increasing hours just to put food on their tables, and lack the time to participate in civic and political matters. Although such time constraints are undeniably real, however, it remains true that few of those Americans are motivated to devote what leisure time they do have to civic enterprises.

Further complicating the situation is the fact that all of these explanations, and many others that have been proposed, are interrelated. Economic inequality sends children to schools of very uneven quality. Our inability to agree on the content or methodology or institutional arrangements leading to effective public education produces very different results even in schools serving so-called “privileged” communities. The lack of a sound educational grounding drives media choices, and media outlets competing for “eyeballs” offer entertainment and (often) propaganda intended to appeal to increasingly segmented audiences—a problem exacerbated by the increasing use of sophisticated algorithms to deliver “relevant” information over the Internet (Pariser, 2011) and by America’s persistent thread of anti-intellectualism.

Wicked problems have multiple stakeholders representing multiple and frequently inconsistent values. This is certainly the case with civic literacy; stakeholders include the aforementioned public school teachers and administrators, education reform activists, lawyers, political pundits, elected officials and public managers at various governmental levels, journalists, and citizens working for particular policy outcomes or for redress of perceived grievances. Many of these stakeholders represent disciplines having specialized languages and professional terminologies, complicating communication. Further, value diversity means that solutions—or at least improvements—acceptable to some stakeholders will be unacceptable to others. In the Oklahoma example cited previously, stakeholders presumably agreed that “American Exceptionalism” should be taught, but they disagreed profoundly on its definition and importance.

Furthermore, as Rittel and Webber (1973) noted, professionals of various fields laying claim to superior knowledge or expertise can expect considerable resistance from members of the general public, or laity, who tend to be resentful of such claims and suspicious of “elites,” especially academic ones. This heterogeneity of stakeholders is further complicated by the structural relationships among them.

Civic literacy deficits exhibit three other elements of “wickedness”: there are no “stopping rules,” because the problem of a civically illiterate population cannot be definitively solved; solutions are unlikely to be true or false, only better or worse; and there is no immediate or ultimate test of a solution.

What to do

With “tame” problems, linear processes leading to recognizable solutions can be employed: one defines the problem, identifies potential solutions together with their strengths and weaknesses, and chooses the remedy that seems best. With efforts to improve civic literacy, however, proceeding in that fashion leads to what has been called “analysis paralysis,” repeated studies that simply confirm the widespread lack of civic knowledge. Stakeholders can’t act to address the problem until there is more information, but that information isn’t available until someone acts. In the case of civic literacy, analysis paralysis has resulted in a copious literature confirming the existence of a deficit and a less robust literature offering theoretical approaches to remedying that deficit, but considerably less research on actual programmatic efforts.

If civic literacy is a wicked problem, we have no choice but to act, to try different solutions that will help us to better understand the nature of the problem and evaluate the results of efforts to address it. This is not a risk-free strategy; as Ritchey (2005) has written, “every implemented solution is consequential. It leaves “traces” that cannot be undone…And every attempt to reverse a decision or correct for undesired consequences poses yet another set of wicked problems.” This is self-evidently true of any individual program or attempted intervention. However, a new approach to content delivery in a classroom, a new state standard for civics instruction, an effort to improve public understanding of local government or similar efforts can be immensely instructive—whether it succeeds or fails. It is here, I argue, that civic literacy differs from many other wicked problems and (arguably) becomes less wicked. Rittel (1973) notes that “One cannot build a freeway to see if it works.” But civic education is not a freeway; nor is it the design of a new car (an example used by Conklin). Proposed solutions need not exclude other potential solutions, need not require the expenditure of massive amounts of money. Pilot programs can be conceived and their results evaluated; those with promise can be adapted or replicated.

A central insight of Rittel and Webber (1973) was that substantially wicked problems can only be approached through an iterative process that sheds needed light on the nature of the problem at the same time as it is trying to improve the situation. The nature of the civic deficit allows for the use of a wide variety of approaches employing such a process.

In order to engage in this trial and error methodology, however, we must address the elements of wickedness that have led to the current analysis paralysis. At a minimum, stakeholders must work together to create, first, a shared and much more widespread and public understanding of the problem and its consequences; and second, a shared commitment to the broad goal of improving civic knowledge, all while recognizing the partial and tentative nature of that understanding and the high probability that the goalposts will move more than once.

Rittel and Webber’s (1973) original identification of wicked problems, and their enumeration of the thorny challenges such problems represent, was not intended to dissuade us from trying to solve social problems. It was not a counsel of surrender. It was an analytic tool that distinguished between different kinds of challenges, confirmed the contours and difficulties of certain of those challenges, and warned us away from obvious pitfalls.

If the literature on wicked problems confirms anything, it is that most social problems are wicked to a greater or lesser extent. Recognizing that fact does nor relieve us of the obligation to work for their (more-or-less) satisfactory resolution.

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Playing “What If”

The Chronicle of Higher Education (subscription required) recently published an essay written with my former Graduate Assistant. Hey–if you’re going to dream, might as well dream big….Anyway, here’s our original draft, appropriate for a Sunday Sermon.

______________________________

Americans are increasingly concerned about two seemingly unrelated issues: a distressing lack of civic literacy and informed civic engagement among the general public, and the escalating burden of student loan debt.

We could make significant progress on both of these issues with a new G.I. Bill.

In the wake of World War II, Congress passed the Servicemen’s Readjustment Act of 1944, better known as the G.I. Bill. It provided a wide range of benefits for returning veterans, including subsidies that allowed G.I.’s to obtain low-cost mortgages, low-interest loans that could be used to start a business, cash payments of tuition and living expenses to attend a university or vocational training program. All soldiers who had been on active duty during the war for at least one hundred twenty days and had not been dishonorably discharged were eligible. By 1956, estimates were that roughly 2.2 million veterans had used the G.I. Bill education benefits in order to attend college, and an additional 5.6 million had used them to obtain job training of some sort.

The G.I. Bill was expensive, but by all accounts it was a major political, humanitarian and economic success. It contributed significantly to the creation of a skilled workforce, moved thousands of people into the middle class, and was a spur to long-term economic growth.

The G.I. Bill was originally an effort to reward those who had manifested a willingness to risk their lives for their country, but it has had a number of other salutary consequences: it raised the skill level of the American workforce and provided an avenue for social mobility.

Defending the United States is an important goal, but military service is only one aspect of that defense. It is equally important that citizens understand just what it is that our military is protecting. Citizenship is more than residence; patriotism requires informed engagement by people who have earned the right to be considered citizens. Survival of America qua America is not the same thing as physical survival.

To put it bluntly, there is more than one way to lose one’s country.

If we are to provide that second kind of defense—defense of the American system of law and government—we require a civically educated populace, and it is increasingly obvious that current patchwork efforts to boost civic literacy are not producing that populace.

Our proposal builds on the laudable efforts of others—including, recently, General Stanley McChrystal– who have called for a renewal of national service. It’s important to challenge the notion that military service is the only way to serve one’s country. While military service has been shown to significantly increase voting rates and other forms of civic engagement, fewer Americans serve in the military than in past generations, and we need to consider what sorts of national programmatic efforts might begin to change the civic culture.

We propose a National Service program for high school graduates who would be paid minimum wage during a one year “tour of duty.” At the end of that year, assuming satisfaction of the requirements, participants would receive stipends sufficient to pay tuition, room and board for two years at a public college or trade school. The public service requirement would be satisfied through employment with a government agency or not-for-profit organization focused upon civic improvement.

In addition, students would be required to attend and pass a civics course to be developed by the U.S. Department of Education in cooperation with the Campaign for the Civic Mission of the Schools.

What sorts of outcomes might we expect from such a program? Since the program is likely to be most attractive to those struggling to afford higher education, we could expect broader civic participation from populations whose voices are largely missing from today’s civic conversation. A better-educated population should engage in better, more nuanced policy debates, leading (hopefully) to more thoughtful policy choices. We might even see more meaningful and issue-oriented political campaigns, with fewer of the “dog whistles” and less of the intemperate rhetoric that characterizes messages crafted to appeal to uninformed voters.

A program of this sort would also have an enormous and positive impact on the level of student debt.

According to a 2014 report by the New York Times, total student loans outstanding have risen to $1.1 trillion, compared with $300 billion just a decade before. The average total debt for student borrowers was around $30,000 in 2013.

Student debt has thus become a significant impediment to America’s economic growth.

Studies show that the burden of student debt constrains individual decision-making in a number of ways, and affects the entire economy. People with student loans, for example, are less likely to start businesses. Considering that 60 percent of jobs are created by small business, diminishing the ability to create new businesses does considerable harm to the economy.

Debt loads also affect overall consumer consumption. According to research by the Federal Reserve Bank of New York, fewer 30-year-olds in general have bought homes since the recession, but the decline has been steeper for people with a history of student loan debt and has continued even as the housing market has recovered.

In an economy that depends upon the ability and willingness of consumers to purchase homes, furniture, automobiles and other goods, a debt load that effectively precludes such purchases poses a real problem. According to the Consumer Financial Protection Bureau, three-quarters of the overall shortfall in household formation can be attributed to younger adults ages 18 to 34. In 2011, 2 million more Americans in this age group lived with their parents than in 2007.

According to a recent report from Zillow, the relatively few millennials who are thriving economically are the ones whose parents are able to subsidize college tuition or a down payment on a home. Help with education and buying a home were the two primary ways in which the original G.I. Bill created upward social mobility. Estimates are that each new household formed leads to $145,000 of economic impact. If student debt is keeping just a third of those 2 million young Americans from living on their own, that adds up to a $100 billion loss or delay in economic activity.

The G.I. Bill was a social contract that said if you invest in your country’s future, your country will invest in yours.

A national public service program of the sort contemplated here would significantly reduce student loan debt, increase civic competence, and provide local communities with additional human capital— resources they can deploy to improve the quality of local life. (Kalamazoo, Michigan, where a local program has been providing subsidies for college tuition to high school graduates since 2005, the city has seen a 4.7 dollar return for every dollar invested, according to a recent Upjohn Institute Study.)

In addition to the economic benefits, a national program encouraging increased civic knowledge and engagement would also move the culture, since an informed citizenry with experience in civic life can be expected to vote, volunteer and engage at substantially higher levels.

The real question is: do we Americans still have the ability to think big?

 

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Houston, We Have a Problem…

In my periodic rants about the state of civic knowledge, I’ve frequently cited the results of a test periodically administered by the Intercollegiate Studies Institute (ISI) as evidence of the American public’s worrisome deficit of civic literacy.

As troubling as that deficit of public knowledge is–as much as it contributes to political polarization and our inability to hold government actors accountable to constitutional standards– another outcome of ISI’s research should really terrify us.

Elected officials’ scores were lower than those of the general public in almost every category.

Of the 2,508 People surveyed, 164 say they have held an elected government office at least once in their life. Their average score on the civic literacy test is 44%, compared to 49% for those who have not held an elected office. Officeholders are less likely than other respondents to correctly answer 29 of the 33 test questions. This table shows the “knowledge gap” for each question: the difference between the percentage of common citizens who answered correctly and the percentage of officeholders who answered correctly.

Think about that for a minute.

Manufacturers don’t hire workers who don’t know how to make the product. Athletes who don’t understand the rules of their sport are soon gone. A lawyer who doesn’t know the rules of procedure and the precedents governing his practice area is likely to get sued for malpractice. Surely we have a right to expect our public officials to have a basic acquaintance with, and understanding of, the Constitution they swear to uphold.

I suppose ISI’s findings shouldn’t come as a shock; those of us who are watching the political spectacle that is the run-up to the 2016 Presidential election have seen plentiful evidence that–even among the people who presume to run for the highest office in the land–a number appear to be woefully ignorant of America’s history, philosophy and constitutional principles.

Perhaps we should test candidates for political office for basic constitutional competence before we allow them to run.

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You’re Fired!

In the wake of the Duck Dynasty dust-up, the Chik-Fil-A controversy and other events triggering “right to free speech” debates, we get this report from Huffington Post:

In the new survey, 45 percent of Americans said the First Amendment does not allow people to be fired from a job for expressing their views, while only 36 percent said such firings are allowed under the Constitution. Twenty percent said they weren’t sure.

Answers to other questions in the poll were equally depressing. The article’s provocative title was “Do You Know More About the First Amendment than Sarah Palin?”–and when the answer to that is “no,” you’ve really hit bottom.

The dismal poll results remind me of the young man who called the ACLU, back when I was Executive Director, and demanded that we sue White Castle for denying him his First Amendment rights. They’d refused to hire him, apparently because he was so heavily tattooed they found it unappetizing. I still remember him insisting “I have a right to free expression!” As I tried to explain, yes, and so does White Castle.

If the City of Indianapolis–or any unit of government–passes a law forbidding you from tattooing your body, then you’ve got yourself a genuine, real-life, rootin’ tootin’ constitutional challenge. When White Castle disapproves, you don’t.

If the government told A & E that it couldn’t suspend Mr. Homophobic Duck Guy, it would be violating A & E’s rights. If a local government refused to zone a Chik-fil-A because its owner is a homophobic jerk, it would violate Chik-fil-A’s rights. (Annoying as it may seem, jerks have constitutional rights too.)

Listen up, Americans! The Bill of Rights restricts what government can do. And one of the things government can’t do is protect you from being fired for shooting off your mouth.

Now was that so hard?

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Singing an Old Familiar Song

Yesterday, I participated in the ACLU of Indiana’s much-lauded “First Wednesday” series. I was on a panel titled “The Constitution: Peruse It or Lose It.”   The program was introduced by ACLU Executive Director Jane Henegar; the moderator was local businessman and owner of the IBJ, Mickey Maurer; the two other panelists were Michael Gordon, who teaches government at Munster High School, and State Senator Brant Hershmann.

Michael Gordon was superb. If we could clone this guy and put a clone in every high school government class, we might beat this civic deficit problem. And this event may have marked the first time I’ve ever agreed with Sen. Hershmann (who opposes any and all gun regulations, and sponsored the ban on same-sex marriage, among other things).

The format was informal, with Mickey goading the panelists (and making an effort to promote fireworks–an effort that failed). Although there were no scripts, we each were allowed a brief opening statement, and I thought I’d share mine.

I know this will seem all too familiar to regular readers, but really–it can’t be said too often!

Only 36% of Americans know we have three branches of government. Why does that freak me out?  Why is civic literacy important?

 This is a country where, increasingly, people read different books and newspapers, visit different blogs, watch different television programs, attend different churches and even speak different languages—where the information and beliefs we all share are diminishing and our variety and diversity are growing. Our constitutional values, our history and governing philosophy are ultimately all that Americans have in common.

 Like all human enterprises, governments have their ups and downs. In the United States, however, the consequences of the “down” periods are potentially more serious than in more homogeneous nations, because this is a country based upon what Todd Gitlin has called a covenant. Americans don’t share a single ethnicity, religion or race. (Culture warriors to the contrary, we never have.) We don’t share a comprehensive worldview. What we do share is a set of values, and when we don’t know what those values are or where they came from, we lose a critical part of what it is that makes us Americans.

 At the end of the day, our public policies must be aligned with and supportive of our most fundamental values; the people we elect must demonstrate that they understand, respect and live up to those values; and the electorate has to be sufficiently knowledgeable about those values to hold public officials accountable. We can’t do that if we don’t know what those values are or where they came from.

 In a country that celebrates individual rights and respects individual liberty, there will always be dissent, differences of opinion, and struggles for power. But there are different kinds of discord, and they aren’t all equal. When we argue from within the constitutional culture—when we argue about the proper application of the American Idea to new situations or to previously marginalized populations—we strengthen our bonds and learn how to bridge our differences. When those arguments are between people trying to rewrite history and citizens who don’t know better, we undermine our political institutions and erode social trust.

 At our new Center for Civic Literacy at IUPUI, we intend to research a large number of unanswered questions. What, for example, do citizens need to know? Why have previous efforts to improve civics instruction lacked staying power?  How is civic ignorance implicated in our currently toxic politics?

 At the end of the day, it doesn’t matter if I think the Establishment Clause requires a certain result and you think it requires a different one. What matters is that we both know what the Establishment Clause is, and what value it was meant to protect. It doesn’t matter whether I think Freedom of the Press extends to bloggers and you disagree. It matters a lot that we both know what Freedom of the Press means, and why it was considered essential to the maintenance of trustworthy government.

 Daniel Patrick Moynihan famously said we are all entitled to our own opinions, but not to our own facts. If I think this is a table and you think it’s a chair, we aren’t going to have a very productive discussion about its use. We don’t need citizens who all agree about the implications of our founding decisions, or who even agree with the decisions themselves.

But we desperately need citizens who share an understanding of what those decisions were.

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