Why Censorship Doesn’t Work

A former student sent me the following email

Plans are proceeding for the November 5 “Read-In” of writings by Howard Zinn at Purdue University, co-sponsored by the Indiana affiliate of the American Federation of Teachers among other groups.  Parallel events at several other Indiana schools are planned.  Information is available from Prof. Tithi Bhattacharya at tbhattac@gmail.com.
I can’t help wondering how many people who will attend this event had ever heard of Howard Zinn prior to Mitch Daniels’ ill-advised effort to suppress his work.
It so often works that way.
When my middle son was a student at the University of Cincinnati, the local prosecutor tried to close down an “obscene” exhibit of Robert Mapplethorpe’s photographs. Students and residents who ordinarily wouldn’t have gone across the street to attend an art exhibit lined up to see this one. My son told me the lines stretched for blocks.
The phenomenon isn’t limited to books and art–according to a couple of film histories I’ve read, at times when movie attendance was dwindling, filmmakers responded by producing more explicit films and hoping that the howls of prudery from the “usual sources” would increase attendance.
You’d think the busybodies would learn.
Censorship may or may not be unconstitutional (depending upon whether government is doing it), but it’s rarely effective. Quite the contrary. If there’s material you don’t want people to see or hear or read, your best bet is just to ignore it.
I wonder if Mitch has figured that out yet.
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Mitch and Purdue: More Evidence of a Bad Fit

One of the most troubling aspects of the current wave of anti-intellectualism we are experiencing is Congress’ declining support for basic research. No matter that we have ample evidence that such research pays massive dividends down the road– the focus on austerity has provided a convenient excuse for cutting the grant opportunities that have led to breakthroughs in science and medicine and have provided the foundation on which technological advances have been based.

In the face of this disinvestment, university presidents and chancellors representing 165 institutions signed a letter in July calling on President Barack Obama and Congress to close what they called the nation’s widening “innovation deficit.”

As JC Online reported,

The letter — signed by presidents of Yale, MIT, most Big Ten universities and all of Purdue’s self-designated peer universities — says declining federal investments in research and cuts as a result of sequestration could lead to fewer U.S.-based innovation and scientific breakthroughs in the future.

Purdue’s President, Mitch Daniels, refused to add Purdue to that list of signatories, citing the deficit. ” I abstained from signing it, in my case, because of its complete omission of any recognition of the severe fiscal condition in which the nation finds itself.”

Where to start?

First, despite Republicans’ adamant refusal to notice,  the U.S. deficit has declined steadily   during the Obama administration.  It will decline 155 billion just in 2013, according to the Congressional Budget Office. In fact, we are experiencing the most rapid deficit reduction since WWII.  The reasons for that decline can be debated–as ill-considered as the sequester was, it may well have contributed–but the fact that the deficit has been significantly reduced cannot be denied. Citing the nation’s “severe fiscal condition”  as a reason for Purdue’s non-signatory status simply reinforces a growing public conviction that Mitch Daniels is a partisan politician who does not understand the mission of the university he leads.

The problem is not a prior career in political life. Others have made the transition from politician to academic, and done so successfully. The problem is that Daniels seems utterly unaware of the difference between partisanship and scholarship, between ideology and philosophy, and–as the Zinn controversy so clearly illustrated–between indoctrination and education.

As we know, Daniels orchestrated his move to Purdue, appointing the Trustees who would–surprise!–choose him to lead the University. He evidently viewed the job as simply another platform for partisan persuasion– with the added benefit of seeming disinterestedness. But he clearly didn’t understand what universities are about. Failure to recognize the importance of funded academic research–failure to appreciate the centrality of that research to classroom performance, among other things–is refusal to understand the interests of the institution he leads.

With his refusal to sign the letter, and his purported reason for that refusal, Daniels has chosen Republican talking points over the needs of his University.

It’s really a shame. Had he chosen to use his formidable political skills and partisan connections on behalf of Purdue’s scholarly mission, Daniels could have been a great asset as President, despite the clouded process that delivered him to the office.

That he did not make that choice is becoming clearer by the day.

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I’m as Ethical as Scalia is NOT a Persuasive Argument

A couple of days ago, the Sierra Club, Citizens Action Coalition, Spencer County Citizens for Quality of Life and Save the Valley [update: the organization was Valley Watch, not Save the Valley] filed a petition asking Indiana Supreme Court Justice Mark Massa to recuse himself from hearing a case that will determine the viability of the controversial Rockport coal gasification facility. (I’ve written before about this boondoggle, birthed by political insiders and totally contrary to the free market principles to which the Daniels Administration paid so much verbal homage.)

Not even 20 hours after the petition was filed, Massa issued a ruling denying it. Clearly, the ruling had been written well beforehand–the lawyers who crafted the brief could have saved their (written) breath.

The argument for recusal rested on the long and intimate relationship between Massa and Mark Lubbers, whose personal fortunes are closely tied to the results of the lawsuit, and upon Massa’s friendship with and service to then-governor Mitch Daniels, who rammed the deal through over the qualms of both Republican and Democratic legislators. As columnist Charles Pierce wrote yesterday in his Esquire blog,Massa couldn’t be more tied into the people who want to build the plant if he came to work every morning in one of those NASCAR firesuits festooned with logos.”

Massa’s ruling relied heavily on Cheney v. United States District Court, the infamous case in which Justice Scalia refused to recuse himself from a pending case despite the fact that he had gone duck hunting with the Vice-President–a named party— while the case was pending. Massa neglected to note that the Indiana Supreme Court, unlike the US Supreme Court, is governed by one of those pesky codes of ethics. (Can we spell “appearance of impropriety”?)

At least he didn’t defend himself by pointing out that Clarence Thomas sits on cases in which his wife has an interest, while he and Lubbers are just best buds. (Actually, relying on Scalia or Thomas for ethical guidance makes me think of that old adage about fish rotting from the head. But I digress.)

In a particularly disingenuous passage, Judge Massa wrote:

“I have a friend who works for General Motors; must I recuse if GM is a party to a case before our court?” he wrote. “All of us on this Court have many friends who are lawyers, some of whom appear before us, including several to whom I am closer and see more regularly than Mr. Lubbers. If mere friendship with these lawyers were enough to trigger disqualification, my colleagues and I would rarely sit as an intact court of five.”

Well Judge, if you had a friend who worked for General Motors, that would be a lot different than having a friend whose continued, highly lucrative employment depends upon a favorable verdict– a friend who got you your first political job 30 years ago, a friend with whom you have subsequently shared many meals and social occasions, a friend who was one of the very few invitees asked to speak at the robing ceremony when you were sworn in as Judge.

I’m disappointed, but not surprised. This is the man who, as a candidate for Marion County Prosecutor, ran an ad asserting that his opponent was unfit for the office because in his private practice he had represented a criminal defendant. (I know several Republican lawyers who had supported Massa until that ad ran, but based on its intellectual dishonesty, instead voted for Terry Curry.)

Massa evidently couldn’t see an appearance of impropriety if it bit him.

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Drip, drip……

The Daniels Administration may now be in the rear-view mirror, but sometimes, a rear-view image allows us to see things we missed when the view was head-on.

Yesterday, more embarrassing emails emerged--this time, from the Superintendent of Public Education’s office. It seems that Mr. Bennett was perfectly willing to play games with his beloved “A-F” grading system for schools when a GOP donor’s charter school failed to make the grade. The emails disclose that the system was manipulated so that Christel Academy–a charter established by major donor Christel DeHaan–would not get the “C” grade it deserved, but would instead be awarded an A.

Bennett is frantically trying to spin the emails, but–like those issued by Daniels in the Zinn controversy–they are hard to re-interpret.  Superintendent Bennett blew plenty of smoke during his tenure in office, but these messages are anything but ambiguous.

There are a number of observations one might make over these latest disclosures. At the very least, the emails indicate a willingness to overlook deficiencies of favored charter operators that the administration was unwilling to extend to public schools. They confirm a widespread belief that Bennett was a political operative charged with furthering Daniels’ ideological agenda, not an educator. (Sue Ellen Reed, Bennett’s Republican predecessor, was an educator, and Daniels forced her out of that office.)

It’s also hard to understand why either Daniels or Bennett felt they could express themselves so clearly when using official email. Did they not realize that these messages would be maintained and discoverable?

Of course, the sixty-four thousand dollar question, as we used to say, is: who is leaking these delectable morsels? How has the AP known to ask for them?

And what other disclosures await?

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Mitch’s VERY Bad Day

Let’s talk about censorship and academic freedom and Mitch Daniels‘ desire to use the power of government to protect unsuspecting students from “wrong” ideas being foisted on them by books with which he disagreed.

There is no principle more basic to the academy and to the American constitutional system than the principle that forbids such behavior.

The Founders did not minimize the danger of bad ideas; they believed, however, that empowering government to suppress “dangerous” or “offensive” ideas would be far more dangerous than the expression of those ideas—that once we hand over to the state the authority to decide which ideas have value, no ideas are safe.

As Justice Jackson so eloquently opined in Barnette v. West Virginia Board of Education, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion…”

In these United States, We the People get to decide for ourselves what books we read, what websites we visit, what videos we watch, what ideas we entertain, free of government interference. Your mother can censor you, and in certain situations your boss can censor you–but not your Governor.

Academic freedom is the application of that foundational principle to institutions of higher education.Free intellectual inquiry is an absolutely essential ingredient of genuine education (albeit not so central to job training, with which Mitch often seems to confuse it). Education  requires the freedom to examine any and all ideas, to determine which are good and which not so good. It also requires that we protect scholars who come to unpopular conclusions or hold unpopular views from reprisals (that protection is the purpose of tenure).

Some citizens will make poor choices of reading materials or ideologies. Some Professors will embrace perspectives that disturb or offend students and Governors. Despite hysterical rhetoric from the Right, the percentage of college professors who use their classrooms to propagandize is vanishingly small, but just as putting up with Rush Limbaugh, Glenn Beck and their clones is the price liberals pay for free speech, and putting up with the likes of me is the price conservatives pay, putting up with the occasional academic ideologue is a small price to pay for intellectual freedom.

The search for truth requires that we examine contending ideas, but it does not require the sort of artificial “balance” that ignores scholarly integrity in order to teach creationism in a science class, or that the holocaust never happened in a history class.  As a statement from the AAU put it some years back,

Self-appointed political critics of the academy have presented equal representation for conservative and progressive points of views as the key to quality. But the college classroom is not a talk show.  Rather, it is a dedicated context in which students and teachers seriously engage difficult and contested questions with the goal of reaching beyond differing viewpoints to a critical evaluation of the relative claims of different positions. Central to the educational aims and spirit of academic freedom, diversity of perspectives is a means to an end in higher education, not an end in itself. Including diversity is a step in the larger quest for new understanding and insight. But an overemphasis on diversity of perspectives as an end in itself threatens to distort the larger responsibilitiesof intellectual work in the academy.

So what are we to make of the disclosure that, while Governor, Mitch Daniels tried to use the power of that position to ensure that teachers and professors did not use a book of which he disapproved, and that he tried to cut funding for a professor who had criticized  his policies?

The emails display a breathtaking arrogance, ruthless partisanship, and an autocratic mindset. But most of all–and most troubling, given his current position–they display an absolute ignorance of, and disregard for, the essential purpose  and nature of the academy.

Howard Zinn was a reputable if controversial historian. Much of what he wrote was a valuable corrective to the histories of his era; some was oversimplified twaddle. But opinions about the value of his–or any–book are beside the point.  The question is “who decides what books are used in the classroom,” and the answer is not “the governor”. Government functionaries do not get to decide what scholarship is acceptable for classroom use or debate, and elected officials absolutely and emphatically do not get to retaliate against critics by cutting their funding or getting them fired.

I think I was most struck by the unintended irony of Daniels’ emails. He rants about indoctrination while trying to control what students read and see. (I guess it’s only propaganda when its done by someone with whom you disagree.) A Governor who talked endlessly about “limited government” and “freedom” when he was pushing his economic agenda evidently had a very different approach to the marketplace of ideas. (It’s sort of like those “family values” guys who frequent prostitutes and play footsie in airport restrooms.)

Bottom line: the politician as hypocrite and wanna-be autocrat are one thing.

Allowing someone who is so clearly contemptuous of the very purpose of education to lead a great university is an absolute travesty.

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