From Chaos to Monopoly – the End of Net-Neutrality

December 12, 2017

Those of us warning that American democracy is threatened have still been stunned by how fast. Political polarization elsewhere has led democracies to collapse. Polarization here has largely been the unintended consequence of a legal transformation. But the cure may be even worse.

Over the past half-century, legal changes fractured the media by helping cable television  and available broadcast channels expand. Before fake news became an industry, the fractured media promised us a more democratic marketplace of ideas. But it made us a fractured audience, no longer watching or hearing the same news.

Court decisions eliminated liability for innocent misstatements that defamed people. The fairness doctrine once required all broadcasters to provide balanced coverage of controversial issues of public import. It was dismantled in the 70s. Now TV and radio are much more one-sided. A new statute and court decisions gave internet providers immunity even for fake news. The internet rapidly became both the intended source of valuable views and information, and the unintended bastion of garbage, leaving readers, viewers and listeners much less well-informed about the competing arguments over public issues.

Meanwhile, courts and state legislatures put presidential primary elections firmly in control of the nominating system.  Primaries often drive candidates to the extremes to capture majorities of their own parties, not toward the center to capture independent voters. Instead of balancing each other, therefore, the media and nominating systems increasingly radicalized each other since the 1970s.

President Theodore Roosevelt once said “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.” The draft ended in the 70s, a casualty of our disagreement about the war in Vietnam. The public schools have been hollowed out by charter schools and re-segregated with the help of suburbanization, zoning and Supreme Court decisions after Rehnquist took its helm in 1986. So neither schools nor the draft bring us together as they once did.

Federal agencies were at the heart of segregating the suburbs before and even after Brown v. Board, deepening polarization in the process. Financial institutions only compounded the damage with their sub-prime loans.

In this polarized, divided, segregated era, the Court in Washington decided the nation’s most contentious issues of race, police behavior, school prayer, abortion, equal rights for women and people with differing sexual orientations.  These were mighty battles over justice with enormous consequences. Mildred and Richard Loving could marry and live as a devoted couple near their relatives in Virginia despite their difference in racial origin.  Similar opportunities opened for women, African-Americans and members of the LGBTQ community. Some went free who would have been hanged for crimes they did not commit.

But the Court’s decisions sharpened the polarization among us. Where now can we hold a “national conversation”? In a fractured media? In a primary system designed to favor extremists? In the military tent? Or walking our kids to school? We have, unintentionally, torn the fabric of our community. Still we could rewrite some of the rules that aggravated our polarization.

But on Thursday, the Federal Communications Commission wants to eliminate net-neutrality and give a few large corporations control over what we see and hear. I’m concerned by which friends of FCC Chairman Ajit Pai would get control over our news sources. We’re going from chaos to monopoly. With Trump leading the charge against the most careful and professional news sources, it feels like we are headed to autocracy and bye-bye democracy.

— This commentary was broadcast on WAMC Northeast Report, December 12, 2017.

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Equal Rights Could Be Better Served

December 10, 2017

I think Al Franken made a mistake – actually lots of mistakes but let’s add one more: he should have stayed in the Senate and joined the Republican Party. Franken was a comedian and some will laugh or smirk at that comment. But Trump and his “base” and many in their party have no problem with male chauvinist behavior; indeed they flaunt it and they’re still fighting against everything the Equal Rights Amendment tried to accomplish. Both personal and policy failings are bad, but the combination is worse especially in the case of public officials. The fact that Republicans have both policy as well as personal failings with sexual abuse and harassment is a double failure; it’s a mistake to conflate all gender and sexual error as if there is no difference and as if fewer equals more.

Too much is happening at once. But here’s another – John Lewis and the other venerable civil rights leaders who protested Trump’s appearance at the opening of the Mississippi Civil Rights Museum made a mistake. At what other time would they have had a chance to lambast Trump in front of a national audience, and, more important, Trump’s “base”? I haven’t figured out a way to reach that group of people. Trump tried to hand it to them.


Beggars, Soup Kitchens and the Poor

November 25, 2017

I’ve noticed a lot more beggars on the streets as our politics have become increasingly stingy. I’ve seen that before and once mentioned it to a candidate for dean. His response was that we could ban them. I was happy we didn’t hire him.

Recently I saw one of my former students at a charitable sale at our Temple. She told me she frequently works at a soup kitchen and has been doing it for some time. Bless her. I mentioned the people standing out in the cold. She commented that more people come for meals during the summer. She suggested several possible reasons but wasn’t sure why. A couple of days later, Chris Shaw, who has also been cooking for and organizing soup kitchens, told me the difference is the school lunch program. The kids are hungrier during the summer, without lunch at school.

Recently I flew to L.A. on business and arranged to see Mitch Tarighati, another former student. He asked me what I wanted to see or do. I told him I was curious and wanted to see Tehrangeles, an area of Los Angeles populated by Persian shops and restaurants. My friend is Iranian-American, Muslim, a lovely guy and doing well. After showing me around, he took me to another area, looking for the beggars to help out. He tried to do it anonymously so they would not be embarrassed by his generosity. Actually, I think the poor appreciate eye contact, but my friend’s motives were pure gold.

Nobody stands on a street corner for hours for their health, especially in this weather. I’m satisfied they are in need. Begging is an equal opportunity task – white, black, men, women, people recovering from tragedies, girls who ran away from home, veterans, the disabled.

It used to be that political parties took care of people. They’d call one of their people and say so-and-so needs a job. In the Great Depression of the 1930s, the Roosevelt Administration created programs to help the needy. But we’ve been taking that apart and little remains. Now it’s largely up to us, except that it’s beyond us.

That’s why I often discuss economic issues. We no longer talk about giving people jobs. It’s all about that impersonal force known as the economy. But the economy is heartless. And what we do for the economy doesn’t necessarily create jobs for the needy.

My family and I have been lucky. We’re celebrating 50 years of marriage. Our children are each doing what they enjoy. Our granddaughters are healthy. I’m conscious that those are blessings too many don’t enjoy. Luck doesn’t just come to the worthy nor tragedy to the evil.

I once commented in class that I understood that but for luck, or the grace of God, I could be in the position of the least among us. One student found that hard to accept. I think she was kind but naïve. My heart goes out to the less fortunate people out there struggling to keep body, soul and family together.

There are many ways to help. And we need to remember that the poor are with us all year.

— This commentary was broadcast on WAMC Northeast Report, November 21, 2017.


Against a New Constitutional Convention for New York State

October 31, 2017

In a week, we will be voting to decide whether to call a constitutional convention for the State of New York. The powers of the Convention would be wide open. Before going further, it is important to look at the provisions for calling the Convention:

in case a majority of the electors voting thereon shall decide in favor of a convention … the electors of every senate district of the state … shall elect three delegates at the next … general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large.

Let me repeat one crucial phrase, “the electors of every senate district of the state.” The New York Senate as we all know has been gerrymandered for many years to maximize Republican control of the Senate. Although the increasingly blue hue of our state politics has forced them into coalition with the so-called Independent Democrats, the NY Senate remains much more conservative than the Assembly, and not fairly representative of the people of the State. Everyone should be represented. Everyone’s ideas count. But everyone should be represented fairly and their ideas should be considered by a body that represents us fairly. Since the Convention would be shaped only by senatorial districts plus a few delegates chosen at large, I would not be willing to trust our future as a state to such a body.

You may have repeatedly heard me talk about gerrymandering. Many of us who have been fighting gerrymandering for years have continued to fight it regardless of who is the temporary beneficiary. Republicans should not have to accept a convention gerrymandered toward Democrats any more than Democrats should have to accept a convention gerrymandered toward Republicans, as it is now. Frankly, that alone determines my vote. End gerrymandering first and than we can talk about constitutional change.

The current New York State Constitution was adopted in 1938. In other words it was adoped near the end of the Great Depression. As such it had important provisions with the great mass of us in mind, not just the one-tenth of one percent who often think everything should favor them. That too makes it important to protect this Constitution. Of course it is not perfect. And when we get rid of gerrymandering, we may be able to fix it. But now losing this Constitution would be too dangerous.

Moreover, much that is wrong with this Constitution has nothing to do with its language and everything to do with the interpretation of the Courts. Just as I would not jettison the U.S. Constitution because of Scalia’s misreadings, so I would not jettison the 1938 New York Constitution because the courts screwed it up.

To the extent that some people believe some provisions could be improved, it would be sufficient to propose those specific improvements to the people of this state without using them as a Trojan Horse to threaten the entire document.

If any more reasons are needed, there is no reason to believe the delegates will be a step up from the legislature which already has the power to propose amendments. And I would be much more comfortable if the powers of any convention elected to revise the Constitution were limited to matters carefully defined in advance so that we could know how large a threat they pose.

I believe the people of this state would be wiser, safer and better off voting no.

— This commentary was broadcast on WAMC Northeast Report, October 31, 2017.


The Fourth Shattering

October 25, 2017

Chilling! Points in the same direction as my own Unfit for Democracy: https://www.juancole.com/2017/10/america-donald-shattering.html.


Dictators, War, Children

October 7, 2017

Have you noticed how many dictatorships are family affairs? No doubt because they can’t trust anyone else. And also wondered how many wars are started to rally the public around unpopular leaders? Have any of your friends, as have some of ours, started to stock up on potassium iodide to protect their grandchildren against some of the damage in the event nuclear weapons are used? It’s hard to stomach people being killed for political reasons – soldiers, civilians, children, anyone. May it be beyond imagination and possibility.


Puerto Rico

October 7, 2017

My classmate and friend, now Judge Jose Cabranes, who is originally from Puerto Rico, pointed me to an op-ed of his about the tragedy there, for which click here. He makes clear the devastation yet to come because of the human drain. I wrote him back that I feared that our mainland politics would not straighten out until Puerto Ricans came and straightened us out. Like Jose, I’m praying for our Puerto Rican brothers and sisters and the land they call home.


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