Will Freedom Kill Liberty?

You may recall the now-iconic phrase that emerged during the Tea Party rise in our national politics around the 2010 elections:  “Take your government hands off my Medicare!”   Now there was a valid point to it–Republicans in Congress were threatening to pass a budget that would end “Medicare as we know it.”

But the directive also betrayed a deep confusion about the role of the national government in citizens’ lives, suggesting that a major social safety net program was not a program of government.  Indeed, political science research published in 2010 found that 40 percent of Medicare recipients surveyed denied that they had ever benefitted from a government social program.

Laughable as this level of civic ignorance struck many of us at the time, in fact it poses a significant threat to the stability and security of American society.  If citizens badly misunderstand their basic relationships with government, then they are more vulnerable to the distortions and appeals of demagogues. Continue reading “Will Freedom Kill Liberty?”

An Open Letter to Mark Zuckerberg: Common Sense is Not Yet Dead in America, So Don’t Kill Truth and Civility

Dear Mark (if I may):

Recently in a Fox News interview, you said that your company, Facebook, would not fact-check any of the President’s lies, as Twitter has begun to do. You said that, “I believe strongly that Facebook shouldn’t be the arbiter of truth of everything that people say online. I think in general private companies shouldn’t be, especially these platform companies, shouldn’t be in the position of doing that.”

Many–likely many millions–of Facebook users are upset, even outraged, at your position, including many of your own employees, especially in the face of the President’s posts inciting law enforcement and other violence against the current nationwide protests of police murders of African-Americans. And it’s not only politicians’ speech that you are allowing to run rampant over the truth and divisiveness. Since the police murder of George Floyd in Minneapolis last week, Facebook and other social media have disseminated nonsensical conspiracy theories that Floyd is not dead, that the police assault on him was faked, and that George Soros was funding the protests around the nation. Continue reading “An Open Letter to Mark Zuckerberg: Common Sense is Not Yet Dead in America, So Don’t Kill Truth and Civility”

The Impeachment Trial and the Assault on American Democracy

If the impeachment trial of Donald Trump for the charges of abuse of power and obstruction of Congress continues on the path set for it on the first day by Senate Republicans and the President’s defense team, it will constitute the greatest assault on American democracy since the Civil War.  More so than the President’s campaign’s efforts to coordinate with the Russians to favor his election.  Even more so than the behavior in the impeachment’s own charges against the president:  that for his personal political benefit he used the power of his presidency to withhold funds mandated by Congress for Ukraine’s military defense against Russian aggression, in order to extort that country to announce an investigation of a political rival (Joe Biden), and that in unprecedented fashion he obstructed the Congress’s investigation of those events.  As such, it will either portend the end of our democracy or so diminish it that it will take generations to repair. Continue reading “The Impeachment Trial and the Assault on American Democracy”

Five Cliff Notes on the Mueller Report

The much-anticipated (redacted) Mueller Report was released today by the U.S. Attorney General, William Barr. Here are five brief initial observations on it.

I. There is a very important distinction in American law between decisions not to prosecute crimes and whether or not crimes were in fact committed. Decisions not to prosecute potential criminal cases are commonly NOT based on prosecutors’ judgments that the suspects are innocent of crimes. Continue reading “Five Cliff Notes on the Mueller Report”

State of the Union: Freeing Slaves, Liberating Corporations? A Short Story

In his first State of the Union address, in January 2010, President Obama broke decorum and delivered a most unusual rebuke to the Supreme Court, six of whose members were sitting only feet from his podium.   He was objecting to the Court’s decision only a few days earlier in which it extended corporations’ First Amendment rights to free speech to allow companies to fund their own advertisements for or against political candidates (Citizens United v. Federal Election Commission).  In his address the president asserted that, ‘I don’t think American elections should be bankrolled by America’s most powerful interests.’

The Court’s narrow, 5-4 decision overturned its own precedent in a 1990 case, in which it had ruled against such corporate political ads because of ‘the corrosive and distorting effects of immense aggregations of wealth’ on our political processes.

Most careful observers will conclude that the Court got things right the first time.  As it turns out, the Citizens United decision was built on both a historical irony and a Supreme Court error that dates back more than 130 years. Continue reading “State of the Union: Freeing Slaves, Liberating Corporations? A Short Story”

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