Group items tagged

Hennepin County, where the trial is being held, is only 17% Black or multiracial, while it is 74% white.

The jury's racial makeup will assuage some of the concerns that activists and others had expressed as jury selection got underway two weeks ago.

An insufficiently diverse jury, they believed, would undercut people's faith in the legitimacy of a trial seen as a critical moment in the racial justice movement that Floyd's killing helped reenergize last spring.

Two of the Black men on the jury are not African Americans but, rather, Black immigrants. During questioning, they expressed the kind of moderate views on policing and race relations

None of the Black jurors ultimately chosen for the panel spoke extensively about personal experiences with racism or about having had overtly negative interactions with police. Several said they had a healthy respect for law enforcement.

The fate of Juror 76 highlighted a tension that often exists in jury selection, especially in cases in which issues of race loom large. The experiences that come with being Black in America are often enough to get jurors struck from a case

That did not seem to be the case during jury selection for the Chauvin trial. Several jurors who expressed at least some support for the movement were seated on the jury — a sign of progress, Chakravarti said.

On one hand, that the defense would strike people with negative views of police is understandable, given Nelson's responsibility to seat a jury favorable to his client.

She said his fate was a reminder that the jury selection process should be reformed to ensure more African Americans have a fair shot to serve on juries."We should start," she wrote, "by recognizing that their lived experiences with racism are not justification to excuse them."

the stage was set for the major transformation, which began in 2009: the intensification of viral dynamics.

Before 2009, Facebook had given users a simple timeline––a never-ending stream of content generated by their friends and connections, with the newest posts at the top and the oldest ones at the bottom

That began to change in 2009, when Facebook offered users a way to publicly “like” posts with the click of a button. That same year, Twitter introduced something even more powerful: the “Retweet” button, which allowed users to publicly endorse a post while also sharing it with all of their followers.

“Like” and “Share” buttons quickly became standard features of most other platforms.

Facebook developed algorithms to bring each user the content most likely to generate a “like” or some other interaction, eventually including the “share” as well.

Later research showed that posts that trigger emotions––especially anger at out-groups––are the most likely to be shared.

By 2013, social media had become a new game, with dynamics unlike those in 2008. If you were skillful or lucky, you might create a post that would “go viral” and make you “internet famous”

If you blundered, you could find yourself buried in hateful comments. Your posts rode to fame or ignominy based on the clicks of thousands of strangers, and you in turn contributed thousands of clicks to the game.

This new game encouraged dishonesty and mob dynamics: Users were guided not just by their true preferences but by their past experiences of reward and punishment,

As a social psychologist who studies emotion, morality, and politics, I saw this happening too. The newly tweaked platforms were almost perfectly designed to bring out our most moralistic and least reflective selves. The volume of outrage was shocking.

It was just this kind of twitchy and explosive spread of anger that James Madison had tried to protect us from as he was drafting the U.S. Constitution.

The Framers of the Constitution were excellent social psychologists. They knew that democracy had an Achilles’ heel because it depended on the collective judgment of the people, and democratic communities are subject to “the turbulency and weakness of unruly passions.”

The key to designing a sustainable republic, therefore, was to build in mechanisms to slow things down, cool passions, require compromise, and give leaders some insulation from the mania of the moment while still holding them accountable to the people periodically, on Election Day.

The tech companies that enhanced virality from 2009 to 2012 brought us deep into Madison’s nightmare.

a less quoted yet equally important insight, about democracy’s vulnerability to triviality.

Madison notes that people are so prone to factionalism that “where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts.”

Social media has both magnified and weaponized the frivolous.

It’s not just the waste of time and scarce attention that matters; it’s the continual chipping-away of trust.

a democracy depends on widely internalized acceptance of the legitimacy of rules, norms, and institutions.

when citizens lose trust in elected leaders, health authorities, the courts, the police, universities, and the integrity of elections, then every decision becomes contested; every election becomes a life-and-death struggle to save the country from the other side

The most recent Edelman Trust Barometer (an international measure of citizens’ trust in government, business, media, and nongovernmental organizations) showed stable and competent autocracies (China and the United Arab Emirates) at the top of the list, while contentious democracies such as the United States, the United Kingdom, Spain, and South Korea scored near the bottom (albeit above Russia).

The literature is complex—some studies show benefits, particularly in less developed democracies—but the review found that, on balance, social media amplifies political polarization; foments populism, especially right-wing populism; and is associated with the spread of misinformation.

When people lose trust in institutions, they lose trust in the stories told by those institutions. That’s particularly true of the institutions entrusted with the education of children.

Facebook and Twitter make it possible for parents to become outraged every day over a new snippet from their children’s history lessons––and math lessons and literature selections, and any new pedagogical shifts anywhere in the country

The motives of teachers and administrators come into question, and overreaching laws or curricular reforms sometimes follow, dumbing down education and reducing trust in it further.

young people educated in the post-Babel era are less likely to arrive at a coherent story of who we are as a people, and less likely to share any such story with those who attended different schools or who were educated in a different decade.

former CIA analyst Martin Gurri predicted these fracturing effects in his 2014 book, The Revolt of the Public. Gurri’s analysis focused on the authority-subverting effects of information’s exponential growth, beginning with the internet in the 1990s. Writing nearly a decade ago, Gurri could already see the power of social media as a universal solvent, breaking down bonds and weakening institutions everywhere it reached.

he notes a constructive feature of the pre-digital era: a single “mass audience,” all consuming the same content, as if they were all looking into the same gigantic mirror at the reflection of their own society. I

The digital revolution has shattered that mirror, and now the public inhabits those broken pieces of glass. So the public isn’t one thing; it’s highly fragmented, and it’s basically mutually hostile

Facebook, Twitter, YouTube, and a few other large platforms unwittingly dissolved the mortar of trust, belief in institutions, and shared stories that had held a large and diverse secular democracy together.

I think we can date the fall of the tower to the years between 2011 (Gurri’s focal year of “nihilistic” protests) and 2015, a year marked by the “great awokening” on the left and the ascendancy of Donald Trump on the right.

Twitter can overpower all the newspapers in the country, and stories cannot be shared (or at least trusted) across more than a few adjacent fragments—so truth cannot achieve widespread adherence.

fter Babel, nothing really means anything anymore––at least not in a way that is durable and on which people widely agree.

Politics After Babel

“Politics is the art of the possible,” the German statesman Otto von Bismarck said in 1867. In a post-Babel democracy, not much may be possible.

The ideological distance between the two parties began increasing faster in the 1990s. Fox News and the 1994 “Republican Revolution” converted the GOP into a more combative party.

So cross-party relationships were already strained before 2009. But the enhanced virality of social media thereafter made it more hazardous to be seen fraternizing with the enemy or even failing to attack the enemy with sufficient vigor.

What changed in the 2010s? Let’s revisit that Twitter engineer’s metaphor of handing a loaded gun to a 4-year-old. A mean tweet doesn’t kill anyone; it is an attempt to shame or punish someone publicly while broadcasting one’s own virtue, brilliance, or tribal loyalties. It’s more a dart than a bullet

from 2009 to 2012, Facebook and Twitter passed out roughly 1 billion dart guns globally. We’ve been shooting one another ever since.

“devoted conservatives,” comprised 6 percent of the U.S. population.

the warped “accountability” of social media has also brought injustice—and political dysfunction—in three ways.

First, the dart guns of social media give more power to trolls and provocateurs while silencing good citizens.

a small subset of people on social-media platforms are highly concerned with gaining status and are willing to use aggression to do so.

Across eight studies, Bor and Petersen found that being online did not make most people more aggressive or hostile; rather, it allowed a small number of aggressive people to attack a much larger set of victims. Even a small number of jerks were able to dominate discussion forums,

Additional research finds that women and Black people are harassed disproportionately, so the digital public square is less welcoming to their voices.

Second, the dart guns of social media give more power and voice to the political extremes while reducing the power and voice of the moderate majority.

The “Hidden Tribes” study, by the pro-democracy group More in Common, surveyed 8,000 Americans in 2017 and 2018 and identified seven groups that shared beliefs and behaviors.

Social media has given voice to some people who had little previously, and it has made it easier to hold powerful people accountable for their misdeeds

The group furthest to the left, the “progressive activists,” comprised 8 percent of the population. The progressive activists were by far the most prolific group on social media: 70 percent had shared political content over the previous year. The devoted conservatives followed, at 56 percent.

These two extreme groups are similar in surprising ways. They are the whitest and richest of the seven groups, which suggests that America is being torn apart by a battle between two subsets of the elite who are not representative of the broader society.

they are the two groups that show the greatest homogeneity in their moral and political attitudes.

likely a result of thought-policing on social media:

political extremists don’t just shoot darts at their enemies; they spend a lot of their ammunition targeting dissenters or nuanced thinkers on their own team.

Finally, by giving everyone a dart gun, social media deputizes everyone to administer justice with no due process. Platforms like Twitter devolve into the Wild West, with no accountability for vigilantes.

Enhanced-virality platforms thereby facilitate massive collective punishment for small or imagined offenses, with real-world consequences, including innocent people losing their jobs and being shamed into suicide

we don’t get justice and inclusion; we get a society that ignores context, proportionality, mercy, and truth.

Since the tower fell, debates of all kinds have grown more and more confused. The most pervasive obstacle to good thinking is confirmation bias, which refers to the human tendency to search only for evidence that confirms our preferred beliefs

search engines were supercharging confirmation bias, making it far easier for people to find evidence for absurd beliefs and conspiracy theorie

The most reliable cure for confirmation bias is interaction with people who don’t share your beliefs. They confront you with counterevidence and counterargument.

In his book The Constitution of Knowledge, Jonathan Rauch describes the historical breakthrough in which Western societies developed an “epistemic operating system”—that is, a set of institutions for generating knowledge from the interactions of biased and cognitively flawed individuals

English law developed the adversarial system so that biased advocates could present both sides of a case to an impartial jury.

Newspapers full of lies evolved into professional journalistic enterprises, with norms that required seeking out multiple sides of a story, followed by editorial review, followed by fact-checking.

Universities evolved from cloistered medieval institutions into research powerhouses, creating a structure in which scholars put forth evidence-backed claims with the knowledge that other scholars around the world would be motivated to gain prestige by finding contrary evidence.

Part of America’s greatness in the 20th century came from having developed the most capable, vibrant, and productive network of knowledge-producing institutions in all of human history

But this arrangement, Rauch notes, “is not self-maintaining; it relies on an array of sometimes delicate social settings and understandings, and those need to be understood, affirmed, and protected.”

This, I believe, is what happened to many of America’s key institutions in the mid-to-late 2010s. They got stupider en masse because social media instilled in their members a chronic fear of getting darted

it was so pervasive that it established new behavioral norms backed by new policies seemingly overnight

Participants in our key institutions began self-censoring to an unhealthy degree, holding back critiques of policies and ideas—even those presented in class by their students—that they believed to be ill-supported or wrong.

The stupefying process plays out differently on the right and the left because their activist wings subscribe to different narratives with different sacred values.

The “Hidden Tribes” study tells us that the “devoted conservatives” score highest on beliefs related to authoritarianism. They share a narrative in which America is eternally under threat from enemies outside and subversives within; they see life as a battle between patriots and traitors.

they are psychologically different from the larger group of “traditional conservatives” (19 percent of the population), who emphasize order, decorum, and slow rather than radical change.

The traditional punishment for treason is death, hence the battle cry on January 6: “Hang Mike Pence.”

Right-wing death threats, many delivered by anonymous accounts, are proving effective in cowing traditional conservatives

The wave of threats delivered to dissenting Republican members of Congress has similarly pushed many of the remaining moderates to quit or go silent, giving us a party ever more divorced from the conservative tradition, constitutional responsibility, and reality.

The stupidity on the right is most visible in the many conspiracy theories spreading across right-wing media and now into Congress.

The Democrats have also been hit hard by structural stupidity, though in a different way. In the Democratic Party, the struggle between the progressive wing and the more moderate factions is open and ongoing, and often the moderates win.

The problem is that the left controls the commanding heights of the culture: universities, news organizations, Hollywood, art museums, advertising, much of Silicon Valley, and the teachers’ unions and teaching colleges that shape K–12 education. And in many of those institutions, dissent has been stifled:

Liberals in the late 20th century shared a belief that the sociologist Christian Smith called the “liberal progress” narrative, in which America used to be horrifically unjust and repressive, but, thanks to the struggles of activists and heroes, has made (and continues to make) progress toward realizing the noble promise of its founding.

It is also the view of the “traditional liberals” in the “Hidden Tribes” study (11 percent of the population), who have strong humanitarian values, are older than average, and are largely the people leading America’s cultural and intellectual institutions.

when the newly viralized social-media platforms gave everyone a dart gun, it was younger progressive activists who did the most shooting, and they aimed a disproportionate number of their darts at these older liberal leaders.

Confused and fearful, the leaders rarely challenged the activists or their nonliberal narrative in which life at every institution is an eternal battle among identity groups over a zero-sum pie, and the people on top got there by oppressing the people on the bottom. This new narrative is rigidly egalitarian––focused on equality of outcomes, not of rights or opportunities. It is unconcerned with individual rights.

The universal charge against people who disagree with this narrative is not “traitor”; it is “racist,” “transphobe,” “Karen,” or some related scarlet letter marking the perpetrator as one who hates or harms a marginalized group.

The punishment that feels right for such crimes is not execution; it is public shaming and social death.

anyone on Twitter had already seen dozens of examples teaching the basic lesson: Don’t question your own side’s beliefs, policies, or actions. And when traditional liberals go silent, as so many did in the summer of 2020, the progressive activists’ more radical narrative takes over as the governing narrative of an organization.

This is why so many epistemic institutions seemed to “go woke” in rapid succession that year and the next, beginning with a wave of controversies and resignations at The New York Times and other newspapers, and continuing on to social-justice pronouncements by groups of doctors and medical associations

The problem is structural. Thanks to enhanced-virality social media, dissent is punished within many of our institutions, which means that bad ideas get elevated into official policy.

In a 2018 interview, Steve Bannon, the former adviser to Donald Trump, said that the way to deal with the media is “to flood the zone with shit.” He was describing the “firehose of falsehood” tactic pioneered by Russian disinformation programs to keep Americans confused, disoriented, and angry.

artificial intelligence is close to enabling the limitless spread of highly believable disinformation. The AI program GPT-3 is already so good that you can give it a topic and a tone and it will spit out as many essays as you like, typically with perfect grammar and a surprising level of coherence.

Renée DiResta, the research manager at the Stanford Internet Observatory, explained that spreading falsehoods—whether through text, images, or deep-fake videos—will quickly become inconceivably easy. (She co-wrote the essay with GPT-3.)

American factions won’t be the only ones using AI and social media to generate attack content; our adversaries will too.

In the 20th century, America’s shared identity as the country leading the fight to make the world safe for democracy was a strong force that helped keep the culture and the polity together.

In the 21st century, America’s tech companies have rewired the world and created products that now appear to be corrosive to democracy, obstacles to shared understanding, and destroyers of the modern tower.

What changes are needed?

I can suggest three categories of reforms––three goals that must be achieved if democracy is to remain viable in the post-Babel era.

We must harden democratic institutions so that they can withstand chronic anger and mistrust, reform social media so that it becomes less socially corrosive, and better prepare the next generation for democratic citizenship in this new age.

Harden Democratic Institutions

we must reform key institutions so that they can continue to function even if levels of anger, misinformation, and violence increase far above those we have today.

Reforms should reduce the outsize influence of angry extremists and make legislators more responsive to the average voter in their district.

One example of such a reform is to end closed party primaries, replacing them with a single, nonpartisan, open primary from which the top several candidates advance to a general election that also uses ranked-choice voting

A second way to harden democratic institutions is to reduce the power of either political party to game the system in its favor, for example by drawing its preferred electoral districts or selecting the officials who will supervise elections

These jobs should all be done in a nonpartisan way.

Reform Social Media

Social media’s empowerment of the far left, the far right, domestic trolls, and foreign agents is creating a system that looks less like democracy and more like rule by the most aggressive.

it is within our power to reduce social media’s ability to dissolve trust and foment structural stupidity. Reforms should limit the platforms’ amplification of the aggressive fringes while giving more voice to what More in Common calls “the exhausted majority.”

the main problem with social media is not that some people post fake or toxic stuff; it’s that fake and outrage-inducing content can now attain a level of reach and influence that was not possible before

Perhaps the biggest single change that would reduce the toxicity of existing platforms would be user verification as a precondition for gaining the algorithmic amplification that social media offers.

One of the first orders of business should be compelling the platforms to share their data and their algorithms with academic researchers.

Prepare the Next Generation

Childhood has become more tightly circumscribed in recent generations––with less opportunity for free, unstructured play; less unsupervised time outside; more time online. Whatever else the effects of these shifts, they have likely impeded the development of abilities needed for effective self-governance for many young adults

Depression makes people less likely to want to engage with new people, ideas, and experiences. Anxiety makes new things seem more threatening. As these conditions have risen and as the lessons on nuanced social behavior learned through free play have been delayed, tolerance for diverse viewpoints and the ability to work out disputes have diminished among many young people

Students did not just say that they disagreed with visiting speakers; some said that those lectures would be dangerous, emotionally devastating, a form of violence. Because rates of teen depression and anxiety have continued to rise into the 2020s, we should expect these views to continue in the generations to follow, and indeed to become more severe.

The most important change we can make to reduce the damaging effects of social media on children is to delay entry until they have passed through puberty.

The age should be raised to at least 16, and companies should be held responsible for enforcing it.

et them out to play. Stop starving children of the experiences they most need to become good citizens: free play in mixed-age groups of children with minimal adult supervision

while social media has eroded the art of association throughout society, it may be leaving its deepest and most enduring marks on adolescents. A surge in rates of anxiety, depression, and self-harm among American teens began suddenly in the early 2010s. (The same thing happened to Canadian and British teens, at the same time.) The cause is not known, but the timing points to social media as a substantial contributor—the surge began just as the large majority of American teens became daily users of the major platforms.

What would it be like to live in Babel in the days after its destruction? We know. It is a time of confusion and loss. But it is also a time to reflect, listen, and build.

In recent years, Americans have started hundreds of groups and organizations dedicated to building trust and friendship across the political divide, including BridgeUSA, Braver Angels (on whose board I serve), and many others listed at BridgeAlliance.us. We cannot expect Congress and the tech companies to save us. We must change ourselves and our communities.

when we look away from our dysfunctional federal government, disconnect from social media, and talk with our neighbors directly, things seem more hopeful. Most Americans in the More in Common report are members of the “exhausted majority,” which is tired of the fighting and is willing to listen to the other side and compromise. Most Americans now see that social media is having a negative impact on the country, and are becoming more aware of its damaging effects on children.

if one person can think he’s hooking up while the other feels she’s being raped, it makes sense to have a law that eliminates the possibility of misunderstanding. “You shouldn’t be allowed to make the assumption that if you find someone lying on a bed, they’re free for sexual pleasure,”

About a quarter of all states, and the District of Columbia, now say sex isn’t legal without positive agreement,

And though most people think of “yes means yes” as strictly for college students, it is actually poised to become the law of the land.

But criminal law is a very powerful instrument for reshaping sexual mores.

Should we really put people in jail for not doing what most people aren’t doing? (Or at least, not yet?)

It’s one thing to teach college students to talk frankly about sex and not to have it without demonstrable pre-coital assent. Colleges are entitled to uphold their own standards of comportment, even if enforcement of that behavior is spotty or indifferent to the rights of the accused. It’s another thing to make sex a crime under conditions of poor communication.

Most people just aren’t very talkative during the delicate tango that precedes sex, and the re-education required to make them more forthcoming would be a very big project. Nor are people unerringly good at decoding sexual signals. If they were, we wouldn’t have romantic comedies.

“If there’s no social consensus about what the lines are,” says Nancy Gertner, a senior lecturer at Harvard Law School and a retired judge, then affirmative consent “has no business being in the criminal law.”

The example points to a trend evident both on campuses and in courts: the criminalization of what we think of as ordinary sex and of sex previously considered unsavory but not illegal.

Some new crimes outlined in the proposed code, for example, assume consent to be meaningless under conditions of unequal power. Consensual sex between professionals (therapists, lawyers and the like) and their patients and clients, for instance, would be a fourth-degree felony, punishable by significant time in prison.

most of these occupations already have codes of professional conduct, and victims also have recourse in the civil courts. Miscreants, she says, “should be drummed out of the profession or sued for malpractice.”

It’s important to remember that people convicted of sex crimes may not only go to jail, they can wind up on a sex-offender registry, with dire and lasting consequences.

We shouldn’t forget the harm done to American communities by the national passion for incarceration, either. In a letter to the American Law Institute, Ms. Smith listed several disturbing statistics: roughly one person in 100 behind bars, one in 31 under correctional supervision

the case for affirmative consent is “compelling,” he says. Mr. Schulhofer has argued that being raped is much worse than having to endure that awkward moment when one stops to confirm that one’s partner is happy to continue. Silence or inertia, often interpreted as agreement, may actually reflect confusion, drunkenness or “frozen fright,” a documented physiological response in which a person under sexual threat is paralyzed by terror

To critics who object that millions of people are having sex without getting unqualified assent and aren’t likely to change their ways, he’d reply that millions of people drive 65 miles per hour despite a 55-mile-per-hour speed limit, but the law still saves lives. As long as “people know what the rules of the road are,” he says, “the overwhelming majority will comply with them.”

He understands that the law will have to bring a light touch to the refashioning of sexual norms, which is why the current draft of the model code suggests classifying penetration without consent as a misdemeanor, a much lesser crime than a felony.

This may all sound reasonable, but even a misdemeanor conviction goes on the record as a sexual offense and can lead to registration

An affirmative consent standard also shifts the burden of proof from the accuser to the accused, which represents a real departure from the traditions of criminal law in the United States. Affirmative consent effectively means that the accused has to show that he got the go-ahead

if the law requires a “no,” then the jury will likely perceive any uncertainty about that “no” as a weakness in the prosecution’s case and not convict. But if the law requires a “yes,” then ambiguity will bolster the prosecutor’s argument: The guy didn’t get unequivocal consent, therefore he must be guilty of rape.

“It’s an unworkable standard,” says the Harvard law professor Jeannie C. Suk. “It’s only workable if we assume it’s not going to be enforced, by and large.” But that’s worrisome too. Selectively enforced laws have a nasty history of being used to harass people deemed to be undesirable, because of their politics, race or other reasons.

it’s probably just a matter of time before “yes means yes” becomes the law in most states. Ms. Suk told me that she and her colleagues have noticed a generational divide between them and their students. As undergraduates, they’re learning affirmative consent in their mandatory sexual-respect training sessions, and they come to “believe that this really is the best way to define consent, as positive agreement,” she says. When they graduate and enter the legal profession, they’ll probably reshape the law to reflect that belief.

Sex may become safer for some, but it will be a whole lot more anxiety-producing for others.