Thursday, September 16, 2021
Bye Bye Nine Nine
Tuesday, September 14, 2021
On a Certain Genre of Journalism-Apologia from Tablet to the Nation
Yesterday, YIVO held a panel on "The Jewish press today", featuring top editors from the Forward, JTA, and Tablet Magazine. In the run-up to the panel, I suggested that the Tablet editor, Alana Newhouse, should be sharply questioned on why they continue to publish Liel Leibovitz. This was in the immediate wake of his article decrying synagogue COVID restrictions as a form of idolatry, but that was hardly his only offense, nor were Tablet's dodgy journalistic choices limited to Liel. Remember their alarmingly chummy interview with the infamous antisemite Kevin MacDonald? Or Lee Smith calling arrested 1/6 insurrectionists "political prisoners"? Or the article on California Ethnic Studies that highlighted a completely fabricated antisemitic quote?
In any event, I thought that, on a panel dedicated to the Jewish press, Tablet's representative should be asked about whether her choices adequately met the standards we should expect out of Jewish (or any) journalism. I wasn't alone. But I also got pushback. One of my longtime readers thought Newhouse would have an easy response to me:
"[In my opinion] she will tell you that she publishes a wide variety of opinions from various parts of the political spectrum and she doesn't believe in censoring voices bc leftists want a veto, and [in my opinion] she will be correct in saying so."imo she will tell you that she publishes a wide variety of opinions from various parts of the political spectrum and she doesn't believe in censoring voices bc leftists want a veto, and imo she will be correct in saying so.
— Mordy (@mordygoespop) September 1, 2021
- Citation to "free speech"? ✅
- Acknowledgment that not everyone will agree, but the perspective is important? ✅
- Importance of "challenging mainstream narratives and assumptions"? ✅
- Appeal to elevating "silenced" voices, and suggesting that not publishing this writer is akin to refusing to entertain any divergent perspective? ✅
- Implying that critical backlash is tantamount to "intimidation"? ✅
Persons who have drank of these waters believe we are overwhelmed with attempts at censorship, sugar-coating, and kowtowing to online gangs. For such persons, then, there is no greater betrayal, no greater cowardice, than acceding to the demand for a retraction. It doesn't really even matter if the claim under attack was justified or not; it ceases to be about defending the claim on its merits. The "principle", such as it is, is to stand up to the mob. Anyone who fails to do that is weak.
[...]
We cannot disconnect this from the sense of grievance which inspired some, albeit not all, of the popularity of the initial article. There is a segment of the Jewish community (and other communities) which views Ethnic Studies as so much PC claptrap, a sop to loud and angry minorities who want to silence anything and everything that doesn't present America as a bigoted hell-hole. They read the Tablet article and understood this curriculum as reflecting the ambitions of this cohort, they view the critiques of the article as Tablet being besieged by this cohort, and if the article was retracted they'd view Tablet as having been captured by this cohort. Ironically, Tablet's credibility with its readership (or at least large chunks of it), depends on them not correcting even obvious mistakes. Many of the folks who couldn't care less about the realities of the California Ethnic Studies Model Curriculum (the author of the article now forthrightly admits that it doesn't matter what's in the curriculum; she thinks it's a poisonous idea no matter what it teaches) would never forgive Tablet if seemed to be giving in to "the left" (whatever that means).
One can predict a similar dynamic here. When a goodly chunk of the appeal of your writer is that he gets the right type of reader to "stay mad", and when you've already staked your credibility on the idea that it would be a failure of ethics, a betrayal of journalism and free speech itself, to give an inch to anyone who is mad, then it doesn't really matter why people are mad. It's already baked into the cake that they will be mad, and that that's their problem. It's not just a matter of "they knew who he was when they hired him." The entire discursive framework they used to promote his hiring now would make it impossible to disavow him, any more than Tablet could disavow a factually wrong smear on an Ethnic Studies article without losing its "anti-woke" cred.
How can this all work? Well, it is, after all, true -- and by no means irrelevant -- that many readers (on this subject and quite a few others) do get and stay mad for partisan, biased, or outright stupid reasons, and a journal which lacked the backbone to tell those readers "sorry, but you're going to have to stay mad" isn't going to be doing its job. Again, the classics are classics for a reason. But that truth offers a refuge to hide from a different truth, which is that sometimes the mad readers are mad for good reason, to which the rote appeal to "free speech" doesn't suffice as a response.
Lashing yourself to the mast of this particular "free speech" genre certainly comes with some benefits, and it shouldn't surprise to see this move appear across the political spectrum. But it is not always virtuous, and it is never cost-free.
What To Make of Mean Progressive Bosses
Buzzfeed has a story about House Progressive Caucus chair Rep. Pramila Jayapal (D-WA)'s alleged terrible treatment of her staff. It reminds me a bit of the worker/boss antagonisms that torpedoed the NYC mayoral candidacy of left-wing activist Dianne Morales ("torpedoed" may be a strong word, since Morales never was winning that race to begin with, but you get what I mean).
Certainly, it is not only stalwart progressives who get hit with the "bad boss" tales -- Amy Klobuchar was a prior subject, and she's very much on the moderate end of her party. Still, the Jayapal accounts do feel as if they're part of a trend of "progressive hero is actually a monster to her own workers" stories. What do we make of that trend? A few potential explanations:
- There is no underlying trend. Progressive bosses are no more likely to be abusive than any other boss; if they are the target of more media stories on the subject, it is solely because of the tantalizing hypocrisy angle and/or other reasons the media targets progressives.
- Something about progressive labor ideology lends itself to being a bad boss on a personal level (e.g., concentrating on formal labor rules and agreements encourages the implicit underselling of the importance of "soft" standards of interpersonal conduct).
- Progressive bosses are more likely to be women and/or of color, and so are held to higher standards of conduct because of misogyny or racism (this seemed to be Jayapal's official response, and Klobuchar has echoed it too).
- Progressive bosses are more likely to be under-resourced or over-demanded, and these additional burdens get passed along to staffers creating a disproportionately unbearable work environment.
- Progressive employees are more likely to be sensitive to bad treatment and have a lower tolerance for it, and so are more likely to deem (and report) a given set of working conditions as bad or abusive (whether this is because they are overly sensitive and unrealistic about "the real world" or because they haven't had their internal sense of human worth beaten out of them yet is an exercise for the reader).
Sunday, September 12, 2021
Going Local: My Op/ed on Vaccine Mandates and the Portland Police
Since I'm now an official Portland resident, I decided to write an op/ed for my local paper, The Oregonian: "Portland Police Should Not Be Exempt from Vaccine Mandates."
As some of you know, the city of Portland attempted to impose a vaccine mandate on the Portland Police Bureau, but backed off after union officials threatened a wave of vaccinations. In general, Oregon police have been viciously opposed to vaccine mandates in the state.
My op/ed's argument is simple. Put aside (though we shouldn't) the fact that COVID has been the most lethal killer of police officers over the last year. The same justifications which support a vaccine mandate for teachers or health workers support a mandate for police officers as well.
Even if we accept that some government employees need not be covered by vaccine rules, the police are the last agency that should be able to claim an exemption. The police are a public-facing agency that interacts with some of the most vulnerable Portlanders in unpredictable settings on a daily basis. Unlike, say, the Oregon Driver and Motor Vehicles agency, which can enforce a mask mandate or shunt unvaccinated customers into online services, the Portland police largely cannot control when and in what contexts they interact with members of the public. They can’t decline to investigate a crime until they’re certain the criminal is wearing a mask. They can’t refuse to interview a witness until they confirm she’s not immune-suppressed.
Moreover, we can't overlook the thuggish nature of the way in which the Police Bureau responded to the prospect of a vaccine mandate. Threats of mass resignation are characteristic of police departments which simply do not accept the fact that they are under civilian control and subject to civilian oversight. The claimed entitlement to flout local authorities is flatly toxic to principles of rule of law and democratic governance.
In terms of feedback I've gotten, it's about what you'd expect. Some praise, some "why do you hate cops" (I want fewer cops to die on the job from a deadly disease, what's your view on that?), some accusations of being a "bootlicker" for BigPharma because I'm not promoting Merck-manufactured ivermectin.
The most substantive response has been to note a provision in Oregon code which only allows vaccine mandates for certain public officials if pursuant to a state or federal order. The Portland mandate was initially justified under a state vaccine mandate issued for healthcare workers; the nominal cause of the city's retreat was clarifying guidance from the state saying the mandate "probably" didn't capture police officers. A few readers too-cutely suggested that the reason Portland police were in an uproar had nothing to do with resisting a vaccine mandate per se, but was solely because Portland was jumping ahead of the order of operations specified in state code.
This strikes me as, shall we say, implausible. Nonetheless, in my piece, I said if that provision was the only holdup, then the obvious solution is for Gov. Brown to clarify that police officers are included (or issue a separate rule to that effect). If the backlash has nothing to do with a claimed entitlement to resist lawful regulation, then the Police Bureau and Portland officers should have no problem with the Governor's office issuing such a rule. Indeed, they should welcome it since -- to reiterate -- COVID is the single deadliest threat police officers face today.
Of course, we're not naive and so we know the precise scope of Gov. Brown's orders as authorizing sources for Portland's vaccine mandate is not driving the action. Portland police don't like being told what to do -- that's the prime motivator here. But as public servants, they need to get used to it. Whether it stems initially from the city or the state, vaccine mandates for police is the right public policy, and law enforcement shouldn't be able to bully its way to an exemption.
Saturday, September 11, 2021
The End of "Shared" "Sacrifice"
Thursday, September 09, 2021
How California's Jewish Community Sealed Its Win in the Battle Over the State's Ethnic Studies Program
Saturday, September 04, 2021
Mottes, Baileys, Strawmen, and Cherry Groves
If you're aware of all internet traditions, you've undoubtedly heard of by now the idea of the "motte and bailey" style of argument. Basically, a "motte and bailey" occurs when one asserts a bold and controversial claim (the bailey), then, when criticized, recharacterizes one's position as something simple and uncontroversial (the motte). The idea is your true position is the (extreme, perhaps implausible) bailey, but if it ever comes under attack you retreat back to the (reasonable, common-sensical) motte. Then, once the attacking critics are gone, you go back to building up and promoting the bailey.
I’m not arguing that CRT is inherently problematic. I use the the “crit” theoretical lens all the time. It’s really the package of standpoint epistemology that becomes so problematic https://t.co/TLKakPvJ54
— David Bernstein (@DavidLBernstein) September 4, 2021
I thought you were quoting me from a different article and in a different context. But please understand I stand by that statement. I don’t suggest it represents CRT theorist but rather the applied popular discourse.
— David Bernstein (@DavidLBernstein) September 4, 2021
This is where the discussion belongs: Looking at various factors and trying to make sense of them. I think that’s actively discouraged in current discourse. This is not a criticism of Derrick Bell. It’s a criticism of how these concepts are being weaponized by some.
— David Bernstein (@DavidLBernstein) September 4, 2021
That's a classic motte and bailey move. A sweeping claim that CRT/CSJ are dangerous ideologies fueling antisemitism and cannot be reformed from the inside retreats back to the anodyne and uncontroversial "I have no problem with critical race theory -- I like critical race theory -- I just don't think we have to agree with every view asserted by a member of a minority group, as 'some' people say I have to." Are these CRT-but-not-representative-of-CRT views -- asserted to be experiencing "rapid proliferation", "gaining ground and influencing public discourse" -- held by a non-negligible number of people? Listen, "It only took one guy to shoot up a Pittsburgh Shul."
This got me thinking: how often is one man's bailey another man's strawman?
I got on this subject upon being accused myself of engaging in a motte-and-bailey when I denied that the CRT movement, as a whole, promotes the sort of extreme versions of "standpoint epistemology" or what have you that Bernstein is furiously attributing to him. For my part, I claimed that the reason I wasn't defending the position that "everyone else should defer to whatever ideological claims members of a minority group attach to their definition of racism" is that attributing that position to crits is a strawman, and chopping those scarecrows down to size is not actually the same thing as successfully conquering a fort.
Folks will burn an army of strawmen to the ground and then give themselves a medal of honor for having successfully stormed the "bailey". https://t.co/rREs11YozQ
— David Schraub (@schraubd) September 4, 2021
By not defending what I take to be extreme and implausible descriptions of what crits actually believe, I was said to have retreated to the motte from the bailey. My counter is that the crits never occupied the bailey in the first place -- the entire allegation is a strawman.
The related problem of the strawman is the problem of cherry-picking. In any academic discipline (or any pattern of public discourse), there will be some number of people who say and believe truly idiotic things (and a somewhat larger number who say things that sound truly idiotic if stripped from context and set to eerie, dramatic music). So the committed advocate can find, with little trouble, examples of some people actually asserting (or appearing to assert) the terrible, implausible position that is alleged to be a strawman.
Finding these examples doesn't actually demonstrate that the argument is widespread, or influential, or representative. For the honest interlocutor, the ability to cherry-pick these cases is not a substitute for actual, critical engagement with texts and evidence. There's a very large difference between the inferences we can legitimately draw from some rando assistant professor of media studies at Northwest Kansas Tech having a hot take versus, say, explicitly censorial legislation being passed in multiple states and becoming the centerpiece of a major political party's advocacy. But plenty of advocates are happy to graze from the cherry groves that will undoubtedly abut any argumentative fort -- picking the low-hanging fruit and patting themselves on the back for having successfully conquered the territory.
The terrain of bad argument, in other words, has more than just the motte and the bailey. It has strawmen -- built by the attackers but asserted with earnest fervor to be the actual bailey. And it has cherry groves -- the low-hanging fruit that can be plucked at to pretend a fringe, marginal view is actually an influential and representative one. When attacks on the strawmen and the cherry groves go undefended, the "victor" will claim their targets are engaging in a motte and bailey. But they're not -- they're watching as their interlocutor "attacks" a largely invented and uninteresting foe.
ADL Officially Apologies for Opposing Park51 Mosque
In 2010, the ADL released a statement supporting efforts to ban construction of a mosque and Islamic community center in south Manhattan, claiming it was allegedly insensitive to the victims of 9/11. It was a grotesque incident of ADL-approved religious discrimination, and has been a stain on the organization's legacy ever since.
Today, ADL head Jonathan Greenblatt has officially apologized for his organization's stance: "we were wrong, plain and simple."
This was the right thing to do. It was the right thing to do one day after the ADL's discriminatory foray into the controversy, but it's never too late to do the right thing. Indeed, it perhaps would have been easy to simply try and forget this ever happened -- let it recede into the background, a bit of embarrassing old news under the ancien régime, but never bring it up again. Yet the ADL decided -- mostly, it seems, of its own accord -- to raise it again (and open themselves up to a wave of "too lates" and "whatabouts..." and this that and the other) by way of apology. That's worthwhile, and worthy of praise.
So -- well done, ADL.
Two notes though:
1) Acknowledging one's wrong and apologizing for it is an important part of teshuvah. Another part, at least if not more essential, is reflecting on what led you astray in the first place so that you don't do it again. I hope the ADL, in recognizing that it was "wrong, plain and simple," is thinking internally about what made it go wrong, and reflecting on what it needs to alter about it self to ensure that it never again indulges naked bigotry again.
2) How many other civil rights organizations can you think of that have released a statement like this, on any topic, admitting any mistake? Surely, the ADL is not the only one that has made errors deserving repentance. But I struggle to think of another prominent organization actually taking ownership of its wrong (at least, a wrong committed with recent memory). It is a dangerous fact about contemporary discourse that we often treat those who apologize for their wrongs worse than those who brashly ignore them and carry forward. This is something we should not do, and before anyone crows about the ADL being so terrible it had to apologize, think about what it says about all the other organizations out there, who have had their own indulgences into racism or antisemitism or misogyny or Islamophobia, who maintain a studious silence -- hoping everyone forgets, hoping it recedes from memory as "old news".
Thursday, September 02, 2021
I Read the JILV's Anti-"Critical Social Justice" White Paper So You Don't Have To
CSJ holds that knowledge is not objective but is culturally constructed to maintain oppressive power systems. This is believed to be achieved primarily by certain kinds of knowledge being legitimised by powerful forces in society, then being accepted by everyone and perpetuated by ways of talking about things – discourses.
While the manner in which Pluckrose differentiates this outlook from "liberalism" is tendentious at best (it boils down to "liberalism accepts anything that could be considered a reasonable CSJ insight, plus autonomy"), this is specific enough so we can at least track how the JILV's examples do or do not qualify as manifestations of CSJ (that is, flow from the notion that power systems are preserved via the legitimation of certain types of "knowledge" which are broadly accepted and built into the basic way we talk about things).
And applying that definition to JILV's examples, there is virtually no connection between the two whatsoever. The white paper gives seven examples of how CSJ allegedly fuels antisemitism. Start with the first: "the canard of Jewish privilege". Put aside the fact that their illustration of this practice -- the infamous flyers stating "ending White privilege starts with ending Jewish privilege" -- almost certainly emanated from the far-right, and was roundly repudiated by the very left-wing actors the white paper seeks to blame. The bigger question is: what on earth does this have to do with a belief that powerful actors successfully legitimate certain types of "knowledge" in order to prop up oppressive power systems, which is what Pluckrose says CSJ is? There's no attempt to posit a link here.
Go down the list, and the problem repeats. "Erasure of Jewish identity"? "Intersectionality and Antisemitism"? "Marginalizing Jews in Politics"? None of these clearly derive from, or even are claimed to derive from, a belief that power systems are preserved via the elevation and mainstreaming of certain forms of knowledge which become woven into the basic way we think about the world. At root, the JILV paper is most reminiscent of a conspiracy theory -- where others pin all the world's evils on "the Jews" or "the immigrants" or "the communists", for the JILV, anything bad it sees in the world, it attributes to "the crits." It is the explanation of first, middle, and last resort. There isn't need to actually establish that "critical social justice" is responsible for any of the ailments they bring up, because it's viewed as self-evident -- of course it's the Jews' the immigrants' the reds' the crits' fault.
This speaks to a broader decay in the critical thinking abilities (and here I very much mean "critical thinking" in what Pluckrose would describe as its salutary, liberal form -- "looking for flaws of reasoning or unevidenced claims or unwarranted assumptions being made due to an ideologically biased interpretation of a situation") of certain segments of the Jewish community when the topic is "critical social justice", "intersectionality", "critical race theory", or any of the related bugaboos. While I know of no direct study measuring whether "critical social justice" ideologies generate antisemitism, the evidence we do have vis-a-vis the college campus environment strongly militates against the hypothesis. If there was such an effect, we'd expect college majors in areas more likely to have significant "CSJ" material to exhibit more antisemitism than majors which do not. Or alternatively, if our view is that CSJ ideology has completely suffused the collegiate experience, then we'd expect a growth in antisemitic attitudes from when students enter college to when they leave. As per Shenhav-Goldberg & Kopstein's outstanding 2020 paper, neither of these is the case. It is hard to square the theory that CSJ creates antisemites with the reality that heightened exposure to CSJ -- in precisely the forums where critics claim CSJ's power is at its apex -- doesn't seem to have any effect on antisemitism.
Nonetheless, has become an article of faith that CSJ and its cousins simply must contribute to antisemitism. Anyone who denies it is willfully blind, or beholden to ideological blinkers, and is in any event has placed themselves in opposition to "the fight against antisemitism" (because, again, it is simply a truism for this crowd that "the fight against antisemitism" is the fight against "critical social justice"). It is dogma -- the hypothesis cannot be falsified.
This is catastrophically dangerous to the fight against antisemitism. If you care about antisemitism, it is tremendously important to understand accurately what causes antisemitism -- not what you assume causes it, not what it would be politically convenient to believe causes it, but what actually causes it. If we devote huge chunks of our communal energy toward fighting "critical social justice", and it turns out "critical social justice" has little to do with rising antisemitism, then we've just wasted a ton of time and effort! To be sure, if what one actually cares about is not fighting antisemitism but fighting critical social justice, then it's not a waste at all -- it's mission accomplished. But then it's that campaign that's your actual mission. And the decision to continue to prioritize it as mission #1 necessarily means the fight against antisemitism goes on the backburner.
One final irony has to be mentioned. The JILV white paper is, as I've said, mostly reminiscent of a conspiracy. It sees "crits" behind every rock, branch, and tree, with little to no effort to explain why the parade of horribles it identifies is connected to the "critical social justice" theory it deplores. However, to the extent the JILV white paper has any cohesive methodology behind it at all that isn't just a conspiracy theory, that methodology is ... critical social justice.
Now, let's be clear: by and large, the JILV paper is nothing more than the latest instantiation of a longstanding trend, where reactionaries define the lefty term of the day ("intersectionality", "critical race theory", now "critical social justice") as "anything bad from a vaguely left-of-center orientation that has some sort of identity politics kick to it." There's really nothing more that ties it all together than that.
But if we were to try to do so, the JILV claim can be reconstructed as something like the following: there is a widespread ideology, which has become dominant if not taken-for-granted in many segments of our society, whose precepts are largely insulated from interrogation but act to exclude, marginalize, or otherwise injure Jews. So, for example, the idea of "Jewish Whiteness" is asserted to be simply taken as a given in many circles, and in doing so that idea naturalizes a bunch of presumptions about Jewish power and privilege and control that are both untrue and prejudicial. And precisely because these views are so embedded into the conventional wisdom, they're largely immune from challenge -- trying to critique them renders one a complaining gadfly at best, a pariah figure at worst. So we can see how this set of assumptions in how we talk about the world (about Jews, Whiteness, power, whatever) acts to significantly curtail Jewish equality and discourage Jewish political participation even without any official actor ever issuing some sort of formal decree effectuating a de jure antisemitic exclusion.
Which fits, to a T, what Pluckrose says critical social justice is.
Most of the JILV's complaints fit this model. They are alleging that some way of speaking about Jews (as privileged, as White, as powerful) has become so effectively hegemonic that it squeezes out Jewish counter-narratives and so perpetuates antisemitic oppression. Or, put differently, "certain kinds of knowledge about Jews (or power, or Whiteness), is legitimised by powerful forces in society, then accepted by everyone and further perpetuated by ways of talking about things," which acts to maintain an "oppressive antisemitic power system."
Overwhelmingly, Jewish "critics" of critical race theory, or critical social justice, or what have you, actually seem to want "critical race theory, but for Jews". That's not a bad thing to want, if the people who wanted it weren't so infuriatingly blind to what their methodology actually is. They are pointing to a mechanisms of antisemitic marginalization that do not make sense under a classical liberal vantage.
Nobody is legally forbidding Jews from advocating for their peoplehood or contesting their Whiteness or anything of the sort -- that sort of legal censorship right now is very much the domain of anti-CRT forces. The claim is that a way of speaking about Jews functionally silences Jews in public deliberation -- we're "marginalized", "ostracized", "ignored", accused of "oversensitivity" or "bad faith" (the liberal would call all of this "losing in the marketplace of ideas"). And the claim that the remedy (or a goodly part of it, anyway), is committing to take Jewish testimony seriously on the subject of antisemitism -- to credit what we say about ourselves over what others are saying about us -- likewise owes far more to "critical social justice" than it does to classical liberal models (Pluckrose indicts what she labels "positionality", the view that knowledge is "tied to identity and one’s perceived position in society in relation to power").
Sometimes I think these claims about Jewish marginalization and its proper remedy are off target, sometimes I think they're pointing to very real concerns -- but let's be clear about what they are. They are not complaints that can be made sense of within a classical liberal frame. They are a Jewish iteration of "critical social justice". And if one thinks that any of these claims have legs -- and I do -- then there is no way to resolve them except by developing a robust, vibrant, and rigorous CRT-style language that can account for the Jewish case. The JILV white paper doesn't understand that -- but then, it doesn't understand a lot of things.
Monday, August 30, 2021
A Tale of (the Private Schools of) Two Cities
Within a day of one another, the New York Times and the City Journal released articles on anti-racism curricula in the private schools of two cities, New York and DC (respectively).
It really is amazing to behold the difference. The Times has some genuine indicators of just bizarre behavior in the schools it profiles (e.g., refusing to allow Glenn Loury to speak because his views might "confuse and/or enflame students"). The City Journal, by contrast, mostly captures very normal things it seeks to put under grainy, menacing lighting (High schools are assigning Ibram X. Kendi's books! Administrators are attending DEI training sessions!).
I'm not really sure what explains the difference. It might be just the baseline chasm in quality one would expect from the NYT versus the City Journal (notably, the Times' article is by an actual journalist, while the City Journal's piece is written by an activist with the right-wing National Association of Scholars). Or it might be a difference in the private school cultures that exist in New York versus DC.
My baseline bias, having grown up in outside DC, is a pre-existing disdain for the local private school ecosystem there. Even as a kid, my view was that if you lived in Montgomery County -- which had a superb public school system -- I struggled to think of a reason to attend private schools that wasn't just pure snobbish status-flexing. But if the City Journal (despite its best efforts) is to be believed, schools like Sidwell and Georgetown Day are actually doing a decent job. Nothing will ever be perfect, but I cannot be horrified that students are recommended Jean Stefancic and Richard Delgado’s Critical Race Theory: An Introduction.* Of course, it's also the case that the private schools aren't doing anything that the public schools can't. That's not a bad thing -- one would hope that solid anti-racist education is scalable to all sorts of schools -- unless you're using it as a selling point for why Maddie and Connor simply must go to private school, $50,000 price tag be damned!
Which brings us to New York. I have never lived in New York, and my exposure to New York private schools comes primarily through, well, sensationalist stories in the New York Times. It's hard to know from afar whether these stories are out-of-context snipes at the foibles of the elites versus whether the culture at these schools truly is just nuts. I can imagine the former, but to the extent it is the latter, I can imagine the problem being the extension into "anti-racist education" of the pathologies of conspicuous consumption. New York private school parents believe that with enough money one can purchase easy solutions to any personal problem. They view racism -- or more accurately, the possibility that their children will be, or be seen as, lacking in how they relate to racism -- as a problem, and so they also believe that they can solve that problem by chucking money at it. Indeed, any solution that doesn't look like the sort of thing that costs a truckload of money will be seen as inadequate. It has to be ostentatious for it to count.
An ostentatiously bespoke anti-racism curriculum with elements that are both conspicuously resource-intensive and often a little absurd in practice is like a school cafeteria that serves only genuine Marseilles bouillabaisse on Thursdays. It stands out as something "normal schools" can't do, which ends up being the only thing that recommends it. And if normal schools say they don't want to do it, what you're doing is nuts -- well, that shows how unrefined and gauche their palettes are. Of course they don't know good anti-racism when they see it -- they're a public school.
As in all things, the exclusivity is the merit. Just like the best steak can only be found at a fine (expensive) steakhouse, the best "anti-racism" is of the sort that you could only possibly find at an elite private school in New York (to say it aloud underscores how ridiculous it is). And notice how different this is from what the DC schools are said to be doing. Any school can do have a piddling "recommended reading list"; it takes a truly elite institution to be able to invite a prominent Brown University faculty member to give a lecture and then pull the offer because he's a bad fit.
In any event, my view on anti-racist education continues to be that 90% of it is a subject-specific synonym for "good education." Most of the time, that means I sniff at right-wing panics on the subject where basic elements of good pedagogy like "assign interesting readings" or "don't be a gratuitous jerk to your students" are presented as "cultural Marxism". Occasionally, it means sniffing instead at overly self-satisfied performances of anti-racism that substitute presentation for substance. It would not at all surprise me if some posh New York private schools fell into the latter category.
* I actually read CRT: An Introduction in high school, though not because it was assigned -- I came across the topic indirectly in a debate round, and purchased and read it of my own initiative. Remember: if you don't assign critical race theory in high school where it can be read under adult supervision, your kids will just read it on their own in some back library alley, and come to who-knows-what conclusions!
Sunday, August 29, 2021
First Day of School!
Term at Lewis & Clark starts tomorrow, though my first class is on Tuesday. It's simultaneously not a big deal -- I've taught Constitutional Law before, including last semester, and also a very big deal! It's my first class as a tenure-track professor! This is the first class of the rest of my life!
(Also, I've completely revamped my syllabus, so while the material isn't new the order and organization is. So there are some potential surprises in store).
I'm teaching Tuesday/Thursday at 8:30 AM --haze the new guy, I guess. But I can't even be mad about that, because it's my first class as a tenure-track professor!
Tuesday, August 24, 2021
The Roberts Court as Trump's Marshall Court
The Rhetoric of Good and Bad Speech
Imagine you're a judge, deciding a First Amendment case involving speech that you know many (though not all) people find offensive or even hateful. You conclude, however, that the challenged restriction on the speech is unconstitutional, and now you're writing your opinion. In terms of how you frame the speech in question, you have two main choices:
(1) You can emphasize the "good" of the speech -- why it may be valuable, or challenging, or part of an important American tradition; or
(2) You can emphasize the "bad" of the speech -- how it is legitimately offensive, or injurious, or hateful.
Which is the more effective rhetorical move in persuading an audience which, for the most part, views the speech as some form of horrible?
The former seems like the obvious play: by explaining why this speech serves a valuable function in society and by locating it in a grand social tradition, one validates the decision to give it constitutional protection. We appeal to the audience's better angels, and basically tell them that while they don't have to like the speech, it's not unadulterated awfulness.
But the latter has something to say for it too: by emphasizing the negative aspects of the speech, one shores up the notion that it truly is being protected because that's the position obligated by the law. A casual reader of the first type of opinion might suspect that the speech is being protected because the judge is sympathetic to it (look how she waxes lyrical about its virtues!). The reader of the second opinion, by contrast, can be pretty sure that the judge has no extrinsic sympathy for the speech, which then suggests that the ruling really must be compelled by the law (otherwise why would the judge do it?). This, of course, is the hypothesis I explore in my Sadomasochistic Judging article.
Saturday, August 21, 2021
When Will a Show Get Today's Students Right?
I'm watching The Chair, because I'm an academic so of course I am (the Sandra Oh top billing isn't necessary, but it's nice). Most of the commentary I've seen on the show has come from academics, who give it the usual lovingly mixed reviews one expects when one's own profession is placed on the big- or small-screen (lawyers do this so often we've given up). The offices are absurdly big. There are no contingent faculty. Nobody is teaching an oversubscribed first year writing class. The old White men of the department would have gone to grad school in the late 70s and 80s -- they are far less likely to be scandalized by the teaching of sex in a novel than they are to be a little too enthusiastic about it. Being a department chair is less of an "honor" and more of a "massive headache someone has foisted upon them unwillingly." And so on.
But I want to ask a different question, and one not limited to The Chair: when will one of these shows stop doing today's students dirty?
The Chair isn't even the worst offender here -- that would be the current(?) season of Billions -- but it is certainly in the family. Hollywood has gone all in on a very specific caricature of the modern Gen-Z student: a bunch of whiny, self-indulgent and self-righteous identity activists who willfully take things out of context in order preserve a posture of angry, confrontational grievance. Every class includes some student yelling out "when are we going to talk about patriarchy!?" in a tremendously sanctimonious voice, to murmurs of agreement meant to evoke the incipient formation of a mob. Rallies feature speeches and chants that are pulled straight from a tumblr thread and any challenge is derided as verbal bullying or silencing.
It sounds familiar because it's the portrait of today's student one gets from reading any Free Beacon article. As always, it's not entirely coming from nowhere -- no caricature does -- but it's already grown intensely tiresome. I've said before how little it tracks my own experience with Berkeley students (a place where one might expect such a caricature would be most accurate). It's the epitome of a cold take that still thinks it's hot -- story after story of student boots stomping on Erika Christakis' face, forever.
Is there any show set at a college that doesn't fit this template these days (putting aside those going with the far older template of "college students are engaged in one giant party/orgy/frat rush") -- one that actually tries to deal with and present today's students as actually thoughtful, considerate, nuanced individuals -- at least normally? The closest I can think of -- and I haven't seen the most recent season -- might be Dear White People, which is not perfect on this front either, but certainly is putting forward a far more genuine effort. Beyond that? I'm drawing a blank.
Tuesday, August 17, 2021
Thinking of Refugees First
Monday, August 16, 2021
For the GOP, It's Trolling All the Way Down
Never believe that anti‐Semites are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The anti‐Semites have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert.
Perhaps Nobles is surprise because he views Rick Scott as falling pretty far down the line of the GOP troll depth chart. He might be right -- the competition is stiff -- but that only illustrates just how deep the GOP's bench is on that axis. Rick Scott doesn't stand out as a GOP troll, but that's only because among the GOP trolling has become so normalized being a troll doesn't stand out anymore.
In short: when it comes to frivolous, unserious taunting, the GOP is trolls all the way down. A political reporter like Ryan Nobles should have figured that out by now.
Sunday, August 15, 2021
The Squad and the Afghan Interpreters Bill
For obvious reasons, the past few days have seen a lot of people making hay over the fact that "the Squad" voted against a recent bill which, among other things, funded an emergency visa program for Afghan interpreters to come to the United States. Reps. Ayanna Pressley (D-MA), Jamal Bowman (D-NY), Cori Bush (D-MO), Alexandria Ocasio-Cortez (D-NY), Rashida Tlaib (D-MI), and Ilhan Omar (D-MN) were the only Democrats to vote against the law, joined by five Republicans (Chip Roy (R-TX), Thomas Massie (R-KY), Bob Good (R-VA), Tom McClintock, (R-CA), and Ralph Norman (R-SC)).
I imagine it is probable that the Squad voted against the bill to make some sort of statement against the increased appropriations for Capitol security (which was the primary purpose of the law), not because of anything to do with the Afghan interpreters. That doesn't mean I feel especial sympathy for them taking bad press today -- they were clearly engaging a protest vote and, well, live by political theater, die by political theater -- but I am curious what exact point they were trying to make. Was it a "defund the police" bit -- opposing responding to the January 6 insurrection by funneling more money into security programs? Or else what?
In the meantime, I get the idea that America couldn't stay in Afghanistan forever even as the exact moment we left would always be wrenching. But the absolute least America can do for the people we're leaving behind -- not just the interpreters, but basically anyone associated with and friendly towards the American presence -- is to ensure our doors are open to Afghan refugees. Remonstrations about leaving or about having stayed too long can have their moment, but they need to take a back seat to a far more urgent need.
Friday, August 13, 2021
Nine Angry Dems
- Josh Gottheimer of New Jersey
- Carolyn Bourdeaux of Georgia
- Filemon Vela of Texas
- Jared Golden of Maine
- Henry Cuellar of Texas
- Vicente Gonzalez of Texas
- Ed Case of Hawaii
- Jim Costa of California
- Kurt Schrader of Oregon
Wednesday, August 11, 2021
Sympathy for the Devil
I've never been (and still am not) a police abolitionist. I've also never felt any particular way about police officers -- neither lionizing them nor deploring them. If anything, my main feeling towards cops has been to be intimidated by them, though that sentiment is based more on certain idiosyncratic personal neuroses than any political instinct.
However, I've noticed recently an interesting trajectory in my own thoughts on the subject of policing that seems counter-intuitive, and so I wonder if it resonates with anyone else. To wit:
As I grow more sympathetic to police officers in controversial situations ("it's a hard job", "what would you have them do in this situation", etc.), I also grow more inclined toward abolitionism.
This certainly runs counter to the prevailing narrative, where abolitionism pairs up with ACAB views towards individual officers. So how come it's working differently for me?
As best I can tell, here's what's happening. When I read a story about egregious police misconduct -- the sort that would make me endorse the view "that guy's just a plain old bastard" --it doesn't on its own suggest a problem with policing as a concept. If the problem is that some people are bastards, the solution is to remove the bastards. When a nasty sort of person commits a murder in Oregon, that doesn't indicate that the very idea of "Oregon" is a failure. Bad people can do bad things in all sorts of systems without demonstrating that said systems are irredeemably flawed. Thinking of the problem in terms of individual moral failings leads me in a reformist, not abolitionist, direction -- ensuring that bad officers are punished, that systems of accountability are made more robust, that officers are given the proper training so that when they do bad things, it is obviously because they chose it rather than that they were thrown into a situation nobody told them how to handle, and so on. Even widespread instances of police misbehavior or ego tripping, such as the refusal to vaccinate, can resolve down to "then fire the bad actors en masse and replace them with better people--good riddance!"
But increasingly, one sees stories where policing injures, humiliates, even kills, vulnerable civilians in circumstances where I'm not sure the conduct can be reduced to or even characterized as a particular police officer being a plain old bastard. These are circumstances where I can imagine even someone who is, in some sense, perfectly public-spirited and who fully intends to serve and protect can nonetheless be the vector of terrible injustices upon innocent Americans. That's the hallmark of a systemic problem. It's one thing if a system generates injustices when bad people abuse it. It's another when a system generates injustice even when good people are doing their best.
The fact is, our system of policing regularly places officers in fraught situations with regular Americans; scenarios that are fast-moving, have murky expectations, and carry undertones of threats (especially given the absurd proliferation of firearms among the American populace). The police are simultaneously the violent arm of state enforcement and the enforcer of first resort for ordinary public disputes and missteps (imagine telling a Martian that the same agency has both "solve murders" and "stop drivers from turning right on red" in its portfolio!), and that will often put even decidedly non-bastard sorts in exceptionally difficult or precarious circumstances. That's not a problem that can be fixed by better training or better hiring, because it's not a matter of officers failing to do their jobs. It's a matter of the very contours of the job, as we've constructed it.
So yeah--that's where I'm moving. The more cases I see where a terrible injury inflicted on a civilian pairs up with a genuine "... but look at it from the officer's point of view", the more skeptical I grow of policing as a system, because if these problems persist even in cases where there isn't any obvious individual failing on the part of the officer then it suggests a problem that lies deeper than individual-level reforms could reach. It's very much not All Cops Are Bastards, and much more It Doesn't Matter If Any Cops Are Bastards. Do I stand alone on this?