Free Speech For The “Right” Ideas

Pun in the title intended.

Michelle Goldberg recently focused her column in the New York Times on yet another inexcusable decision of the Trump Administration. (I know, there are several every day…)

The Palestinian activist Omar Barghouti, one of the founders of the boycott, divestment and sanctions movement, was supposed to be on a speaking tour of the United States this week, with stops at N.Y.U.’s Washington campus and at Harvard. He was going to attend his daughter’s wedding in Texas. I had plans to interview him for “The Argument,” the debate podcast that I co-host, about B.D.S., the controversial campaign to make Israel pay an economic and cultural price for its treatment of the Palestinians.

Yet when Barghouti, a permanent resident of Israel, showed up for his flight from Israel’s Ben Gurion International Airport last week, he was informed that the United States was denying him entry. When I spoke to him on Sunday, he still didn’t know exactly why the country where he went to college and lived for many years wasn’t letting him in, but he assumed it was because of his political views. If that’s the case, Barghouti said, it was the first time someone has been barred from America for B.D.S. advocacy.

I believe it was Alexander Meiklejohn who said a nation afraid of ideas is unfit for self-government. He was right.

The efforts of right-wingers to shut down B.D.S. by passing laws that obviously violate the First Amendment’s Free Speech guarantee are especially ironic given their hysteria over the supposed censorship of rightwing speech on the nation’s campuses. (But then, self-awareness has never been a characteristic of the Right.)

Several states have evidently passed laws penalizing, B.D.S. activities, and the Senate recently passed a bill supporting those measures.

According to the American Association of University Professors, some public universities in states with such laws require speakers and other contractors to “sign a statement pledging that they do not now, nor will they in the future, endorse B.D.S.” It’s hard to think of comparable speech restrictions on any other subject.

What makes this effort particularly offensive is that the B.D.S. movement neither engages in nor promotes violence. As Goldberg notes, Its leaders have made a genuine effort to separate anti-Zionism from anti-Semitism–in fact, the Palestinian B.D.S. National Committee demanded that a Moroccan group stop using the term “B.D.S.” in its name because it featured anti-Semitic cartoons on its Facebook page.

An administration unwilling to sanction Saudi Arabia for multiple murders, including the murder of a Washington Post journalist, is willing to penalize people who are advocating a nonviolent economic boycott.

Goldberg’s column goes on to consider why Israel’s defenders consider the B.D.S. movement so threatening, and that part of her column is enlightening but ultimately beside the point. It doesn’t matter whether you applaud or detest B.D.S. If it doesn’t have the right to advocate for its beliefs, neither do those who disagree with those beliefs. Rights–unlike privileges– are indivisible, as a federal court recently affirmed when it struck down the Texas version of these efforts.

Free speech, as Justice Holmes memorably wrote, requires freedom for the idea we hate.

Can ideas be dangerous? Of course. And the nation’s Founders knew that. They also knew that allowing the government to decide which ideas can be communicated and which cannot would be far more dangerous.

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Meanwhile, Behind The Scenes…

While most of our media is caught up in “Mueller frenzy,” and Trump continues to suck all the oxygen out of the room, I thought I’d just share some underreported information about what our disgraceful federal government has been doing largely out of public view.

The Guardian is one of the few publications that seems to be following the day-to-day efforts of the Trump Administration to thwart global environmental efforts.

The United States and Saudi Arabia have hamstrung global efforts to scrutinise climate geoengineering in order to benefit their fossil fuel industries, according to multiple sources at the United Nationsenvironment assembly, taking place this week in Nairobi.

The world’s two biggest oil producers reportedly led opposition against plans to examine the risks of climate-manipulating technology such as sucking carbon out of the air, reflective mirrors in space, seeding the oceans and injecting particulates into the atmosphere.

Geoengineering is the name given to technical efforts to stop or reverse climate change; as scientists have proposed various methods, concerns over the potential for dangerously negative global effects have increased. Assessing the risks of proposed massive environmental interventions would certainly seem prudent–but the fossil fuel industry has seized on these proposals as a way to justify further expansion of their industries, and they aren’t interested in risk assessments that might cast doubt on that expansion. Full steam ahead.

Add that to the administration’s other efforts to sabotage environmental measures.

This was not the only agenda item in Nairobi that Trump administration diplomats were accused of watering down; they were also accused of undermining efforts to ensure strong environmental governance. “They are trying to remove all targets and timelines,” said one senior delegate.

An ambitious Indian resolution to phase out single-use plastics by 2025 has been diluted to resolving to “significantly reduce” them by 2030, said another delegate. The US was supported by Brazil and at least four other countries in pushing back the deadline and making the language more vague.

On marine waste, a Norwegian proposal to build an effective global strategy for dealing with plastics that enter the oceans has also met with resistance from the US. “They want to postpone measures so they can protect their industry,” said an ambassador from a large developing country.

In yet another example of being on the wrong side of history, there is the administration’s push-back against women’s rights. 

US officials in New York are attempting to water down language and remove the word “gender” from documents being negotiated at the UN, in what is being seen as a threat to international agreements on women’s rights.

In negotiations at the Commission on the Status of Women(CSW), which resume at UN headquarters this week, the US wants to replace “gender” in the forum’s outcome document with references only to women and girls.

The move follows similar attempts by the US last year to change languagein documents before the UN human rights council.

In draft documents, seen by the Guardian, the US is taking a step further at CSW by refusing to reaffirm the country’s commitment to the landmark Beijing declaration and platform for action, agreed at the fourth world conference of women held in 1995.

After all, why would practitioners of “locker room talk” and predatory sexual behavior want to empower women?

Under the Trump administration, US negotiators have found themselves more aligned with countries including Iran, Saudi Arabia and Russia than European nations. These countries consistently seek to undermine agreements on women’s rights at the UN, specifically around reproductive health and rights. This year’s US delegation includes Valerie Huber, a proponent of abstinence-only sex education and now a senior policy advisor in the Department of Health and Human Services, and Bethany Kozma, an anti-choice activist and senior advisor for women’s empowerment at the US Agency for International Development.

Just file these “factoids” in the growing category “why the world no longer looks up to the United States.”

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What About The Children?

I haven’t blogged about the children separated from their parents at the border, because–really–what can I say? It is so horrific, so diametrically opposed to what rational people want to believe about our country, that it is overwhelming.

It was bad enough when the news of this inconceivable aspect of Trump’s “zero tolerance” first emerged; it was worse when we saw photos of children in cages and read reports of the “privatized” facilities charging taxpayers big bucks to warehouse bewildered, frightened children. But then the courts ordered that families be re-united, and we could tell ourselves that the damage would be limited. (Yes, some children would probably carry that trauma into their adult lives, but at least they would be back with their parents.)

But early this month, we woke to headlines that should–but probably won’t– shame every Trump voter. ABC News reported that “thousands” more children had been taken from their parents than previously reported.

President Donald Trump’s administration does not know how many migrant children were separated from their parents at the southern border in the year before the “zero-tolerance” policy launched, and is unlikely to figure it out, according to court papers filed Friday night.

Last month, an internal government report found that during the Trump administration, thousands more kids may have been separated from their parents at the border than was previously known and that a “steep increase” of separations began in the summer of 2017, almost a year before the “zero-tolerance” policy was announcedby then-Attorney General Jeff Sessionsin the spring of 2018.

NBC highlighted the government’s admission that it was probably unable to reunite the children with their families.

The Trump administration said in a court filing that reuniting thousands of migrant children separated from their parents or guardians at the U.S.-Mexico border may not be “within the realm of the possible.”

The filing late Friday from Jallyn Sualog, deputy director of the department of Health and Human Services’ Office of Refugee Resettlement, was an ordered response in an ACLU lawsuit challenging the government’s separation of thousands of children at the border since the summer of 2017. The estimate of “thousands” comes from the HHS Office of Inspector General’s January report and pertains to children separated before the Trump administration’s “zero tolerance” policy came into effect in 2018.

Sualog said her office doesn’t have the resources to track down the children, whose numbers could be thousands more than the official estimate.

This administration is the perfect marriage of evil and incompetence.

I can’t even get my head around what those mothers and fathers must be feeling, let alone the terror experienced by small children suddenly bereft of their parents. I think back to when my own children were young and they were the absolute center of my life. (I’m still pretty fond of them.)

How can any parent fail to empathize with mothers and fathers frantic to protect their children from the daily threats posed by civil disorder? I would have gone to similar lengths to find a safe environment for my children.

The people who came with children to our southern border evidently believed what most Americans believed until Trump–that this nation of immigrants would greet them with justice and compassion and help them save their children. They couldn’t have foreseen what actually happened–that their children would be taken from them, that their whereabouts would be unaccounted for, and the country they’d pinned their hopes on wouldn’t care.

The richest country in the world “lacks the resources” to find the children they stole. The “can do” country didn’t bother to keep records.

It’s heartbreaking and inexcusable.

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Kakistocracy

Kakistocracy is defined as government by the least competent or suitable. To which I would add: most corrupt. And that corruption goes well beyond the White House, where Trump’s incompetence is on constant display.

Examples abound. The Guardian recently reported accusations that the FDA has “direct links” to the opioid crisis.

The Food and Drug Administration is sacrificing American lives by continuing to approve new high-strength opioidpainkillers, and manipulating the process in favor of big pharma, according to the chair of the agency’s own opioid advisory committee.

Dr Raeford Brown told the Guardian there is “a war” within the FDA as officials in charge of opioid policy have “failed to learn the lessons” of the epidemic that has killed hundreds of thousands of people over the past 20 years and continues to claim about 150 lives a day.

Brown accused the agency of putting the interests of narcotics manufacturers ahead of public health, most recently by approving a “terrible drug”, Dsuvia, in a process he alleged was manipulated.

Brown’s accusations come at a time when the FDA’s credibility is low; it has been damaged by  the opioid crisis and by accusations that the agency has behaved less as a regulator and overseer of the pharmaceutical industry and more like a business partner of drug manufacturers.

The FDA was also embarrassed by revelations that officials responsible for opioid approvals were taking part in “pay to play” schemes in which manufacturers paid to attend meetings to draw up the criteria for approving prescription narcotics.

Things are no better at the EPA.

The EPA is in charge of ensuring companies and utilities follow national environmental laws. Its enforcement has actually been on the decline for the past decade and reached 10-year lows in the fiscal year 2017, according to the agency’s own data. But the numbers really plummeted between the fiscal years 2017 and 2018, according to the Environmental Data and Governance Initiative, an advocacy group formed by university researchers to counter what they see as the Trump administration’s rejection of science.

The decline in enforcement is intentional, according to environmental groups and former EPA personnel.

“The administration has strongly sent a message, to the folks who do enforcement, that they should cut back on their role,” says Marianne Sullivan, a public-health professor at William Paterson University in New Jersey and an EDGI volunteer who conducted the interviews. “There are declining resources. There’s much more deference to industry.”

Less enforcement, of course, means–among other things– that more Americans may be exposed to lead, smoke, and other pollutants that the EPA regulates.

Here in Indiana, we have  two recent examples of the consequences of EPA non-performance. In Franklin, Indiana, residents attribute a cluster of childhood cancers to a toxic site identified years ago by the EPA–after which nothing was done.

And in the small town of Wheatfield, Indiana, toxic coal ash is leaching into the groundwater.

In Indiana, coal ash ponds are leaking at 15 out of 15 power plant sites tested. But the problem isn’t limited to the Hoosier State, which currently has the most coal ash dumps in the country. Based on the industry’s own data, 92 percent of all coal ash ponds and landfills tested under the new rule have contaminated groundwaterwith harmful levels of toxic chemicals like arsenic and boron. Oklahoma reported in June that 4 out of 4 sites tested had contaminated groundwater, while Illinois revealed in November that 22 out of 24 coal ash sites tested positive for groundwater contamination. In total, the U.S. is home to more than 1,400 of these sites, many of them filled with millions of gallons of toxic ash.

As news about the contamination leaks out, coal companies and electric utilities are desperate to water down the 2015 regulations, including weakening the reporting, closure, siting, and cleanup requirements in the new rule.

Last March, Trump’s EPA heeded their wishes, proposing to gut coal ash regulationsjust as the nation began discovering that many coal ash ponds and landfills are leakingtoxic pollutants into groundwater. The 2015 rule opened a door to a hidden disaster; weak regulators now want to slam it shut. And they’re just getting started.

To characterize the current administration as “just” a Kakistocracy is to be kind. If it isn’t also a criminal enterprise, it’s close.

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Rejecting Science

Watching the Trump Administration, I am reminded that there are many kinds of collusion.

The dictionary defines collusion as secret agreement or cooperation for an illegal or deceitful purpose. The  Mueller investigation is pursuing a particularly egregious form–one that, if proven, would legally be considered treason. Americans are focused on that allegation to a degree that overshadows other activities by this Administration–activities that involve a more “homegrown”variety of collusion, and tend to carry less serious legal labels.

Trump’s war on science in cooperation with favored industries is, in my view, every bit as treasonous as his relationship with Russia.

The Guardian recently documented that assault.

Donald Trump’s administration is cutting programs scientists say are proven to protect Americans, from pollution safeguards to teen pregnancy prevention and healthier school lunches, with effects that could last for years.

Experts who have worked in the federal government under Republicans and Democrats say both have sometimes put politics ahead of science but none have done so as blatantly as Trump. And they warn the consequences could continue long into the future.

“It’s as egregious as I’ve ever seen it, starting from the very top with the president just denying the existence of science, manipulating the system on behalf of special interests,” said the former surgeon general Richard Carmona, who testified to Congress that the George W Bush administration pushed him to weaken or suppress public health findings.

Science writer Timothy Ferris has noted the connection between science and liberal democracy; in his book The Science of Liberty, he also documented the historical connection between anti-science and totalitarianism.  As he writes, new scientific knowledge exposes prior ignorance and error, a process that doesn’t pose a problem for democratic regimes, since fallibility is a given in such cultures, “but it leaves totalitarian leaders clinging to outmoded doctrines in a changing world.”  He quotes China scholar H. Lyman Miller,

Just as the scientific community operates according to anti-authoritarian norms of free debate…so science prospers in an external environment that similarly tolerates pluralism and dissent…Scientific dissidents espoused a strong form of liberal political philosophy that grew out of the norms of their profession.

The assault on science, on evidence and on the proper process for achieving reliable data is an assault on liberty and democracy. Refusing to act on the basis of scientific evidence that inconveniences political allies not only causes significant harm to public health and the environment, it is an attack on reason, progress and the rule of law.

In my view, such behavior is every bit as treasonous as taking orders from Vladimir Putin.

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