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blythewallick

Why Americans turn to conspiracy theories - The Washington Post - 0 views

  • As the impeachment inquiry heats up, members of Congress and the media are left with the difficult job of untangling the conspiracy theory that seems to have driven the president’s actions in Ukraine: a wild tale of a missing computer server whisked off to Eastern Europe for nefarious, if never entirely clear, purposes, and something involving Joe Biden, his son Hunter and, for good measure, China, too.
  • Seeing the full ideological array of conspiratorial thinking and understanding its deep history are essential to understanding how paranoid thinking about Russian conspiracies, which so troubled the McCarthyites in the 1950s and 1960s, could jump from right to left in the wake of the 2016 election.
  • Republican fears of power’s expansionist tendencies spurred the revolutionary generation to regard British taxation after 1763 as not simply a deviation from prior norms, but as the first step on a swift descent toward political enslavement. American revolutionaries were not simply whiny about taxes; they were paranoid.
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  • Did Federalists just use the specter of the Illuminati to tar their rivals? Or did they mean it? Did the Jeffersonians really think the Federalists were conspiring to bring back monarchy as they alleged? Or were they just trying to win elections? The answer depends on who and when, but it’s safe to say that some did believe these theories.
  • Conspiracy theory after theory, Americans cast a paranoid eye on their partisan opponents throughout the 19th and 20th centuries. According to the Oxford English Dictionary, the phrase “conspiracy theory” first appeared in the early 20th century United States, in the context of political histories of the 19th century.
  • Democrats’ anxieties about Russian conspiracies to interfere in the 2016 campaign cannot be extricated from this historical context of paranoia just because they have a significant basis in fact. As Joseph Heller wrote, “Just because you’re paranoid doesn’t mean they’re not after you.”
  • The republican political theory underlying the American paranoid style had its origin in the writings of opposition politicians in 18th-century Britain. Since then, conspiratorial thinking, has remained most attractive to opposition parties seeking to discredit their establishment rivals. This is the nature of Trump’s criticism of Democratic investigations of Russian conspiracies to hack the 2016 campaign. They’re just whining because they lost, Trump has said repeatedly.
  • If Trump’s embrace of the Ukraine conspiracy doesn’t sink his political future by leading to impeachment, it may nonetheless signal that his political future is bleak.
Javier E

In Defense of Anonymous Political Giving - NYTimes.com - 0 views

  • In partisan terms, the growth of secrecy in campaign finance has been driven by the political right, as shown in the graphic at Figure 2. Of the $310.8 million in total political spending by nondisclosing groups in 2011-12, $265.2 million, or 85.5 percent, was spent by conservative, pro-Republican organizations (red in the pie chart), and $10.9 million, or 11.2 percent, was spent by liberal, pro-Democratic organizations (blue in the chart).
  • do you have a principled answer to the argument that efforts to influence the political and policy-making process should be as transparent and open as possible because voters deserve to know who is trying to persuade them to take stands on issues of major public importance? More simply: Is transparency an essential ingredient of democracy? What overrides transparency?
  • “The rationale behind donor anonymity, which is a form of First Amendment speech, is to protect against the threat of retaliation when someone or some group takes a stand, espouses their point of view or articulates a position on issues that may (or may not) be popular with the general public or the political party in majority power. There are many precedents to this: the Federalist Papers were published under pseudonyms and financed anonymously, out of fear of retribution.”
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  • Scalia declared that “a person who is required to put his name to a document is much less likely to lie than one who can lie anonymously.”Scalia concluded: “I can imagine no reason why an anonymous leaflet is any more honorable, as a general matter, than an anonymous phone call or an anonymous letter. It facilitates wrong by eliminating accountability, which is ordinarily the very purpose of the anonymity.”
Javier E

E.D. Hirsch Jr.'s 'Cultural Literacy' in the 21st Century - The Atlantic - 0 views

  • much of this angst can be interpreted as part of a noisy but inexorable endgame: the end of white supremacy. From this vantage point, Americanness and whiteness are fitfully, achingly, but finally becoming delinked—and like it or not, over the course of this generation, Americans are all going to have to learn a new way to be American.
  • What is the story of “us” when “us” is no longer by default “white”? The answer, of course, will depend on how aware Americans are of what they are, of what their culture already (and always) has been.
  • The thing about the list, though, was that it was—by design—heavy on the deeds and words of the “dead white males” who had formed the foundations of American culture but who had by then begun to fall out of academic fashion.
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  • Conservatives thus embraced Hirsch eagerly and breathlessly. He was a stout defender of the patrimony. Liberals eagerly and breathlessly attacked him with equal vigor. He was retrograde, Eurocentric, racist, sexist.
  • Lost in all the crossfire, however, were two facts: First, Hirsch, a lifelong Democrat who considered himself progressive, believed his enterprise to be in service of social justice and equality. Cultural illiteracy, he argued, is most common among the poor and power-illiterate, and compounds both their poverty and powerlessness. Second: He was right.
  • A generation of hindsight now enables Americans to see that it is indeed necessary for a nation as far-flung and entropic as the United States, one where rising economic inequality begets worsening civic inequality, to cultivate continuously a shared cultural core. A vocabulary. A set of shared referents and symbols.
  • So, first of all, Americans do need a list. But second, it should not be Hirsch’s list. And third, it should not made the way he made his. In the balance of this essay, I want to unpack and explain each of those three statements.
  • If you take the time to read the book attached to Hirsch’s appendix, you’ll find a rather effective argument about the nature of background knowledge and public culture. Literacy is not just a matter of decoding the strings of letters that make up words or the meaning of each word in sequence. It is a matter of decoding context: the surrounding matrix of things referred to in the text and things implied by it
  • That means understanding what’s being said in public, in the media, in colloquial conversation. It means understanding what’s not being said. Literacy in the culture confers power, or at least access to power. Illiteracy, whether willful or unwitting, creates isolation from power.
  • his point about background knowledge and the content of shared public culture extends well beyond schoolbooks. They are applicable to the “texts” of everyday life, in commercial culture, in sports talk, in religious language, in politics. In all cases, people become literate in patterns—“schema” is the academic word Hirsch uses. They come to recognize bundles of concept and connotation like “Party of Lincoln.” They perceive those patterns of meaning the same way a chess master reads an in-game chessboard or the way a great baseball manager reads an at bat. And in all cases, pattern recognition requires literacy in particulars.
  • Lots and lots of particulars. This isn’t, or at least shouldn’t be, an ideologically controversial point. After all, parents on both left and right have come to accept recent research that shows that the more spoken words an infant or toddler hears, the more rapidly she will learn and advance in school. Volume and variety matter. And what is true about the vocabulary of spoken or written English is also true, one fractal scale up, about the vocabulary of American culture.
  • those who demonized Hirsch as a right-winger missed the point. Just because an endeavor requires fluency in the past does not make it worshipful of tradition or hostile to change.
  • radicalism is made more powerful when garbed in traditionalism. As Hirsch put it: “To be conservative in the means of communication is the road to effectiveness in modern life, in whatever direction one wishes to be effective.”
  • Hence, he argued, an education that in the name of progressivism disdains past forms, schema, concepts, figures, and symbols is an education that is in fact anti-progressive and “helps preserve the political and economic status quo.” This is true. And it is made more urgently true by the changes in American demography since Hirsch gave us his list in 1987.
  • If you are an immigrant to the United States—or, if you were born here but are the first in your family to go to college, and thus a socioeconomic new arrival; or, say, a black citizen in Ferguson, Missouri deciding for the first time to participate in a municipal election, and thus a civic neophyte—you have a single overriding objective shared by all immigrants at the moment of arrival: figure out how stuff really gets done here.
  • So, for instance, a statement like “One hundred and fifty years after Appomattox, our house remains deeply divided” assumes that the reader knows that Appomattox is both a place and an event; that the event signified the end of a war; that the war was the Civil War and had begun during the presidency of a man, Abraham Lincoln, who earlier had famously declared that “a house divided against itself cannot stand”; that the divisions then were in large part about slavery; and that the divisions today are over the political, social, and economic legacies of slavery and how or whether we are to respond to those legacies.
  • But why a list, one might ask? Aren’t lists just the very worst form of rote learning and standardized, mechanized education? Well, yes and no.
  • it’s not just newcomers who need greater command of common knowledge. People whose families have been here ten generations are often as ignorant about American traditions, mores, history, and idioms as someone “fresh off the boat.”
  • The more serious challenge, for Americans new and old, is to make a common culture that’s greater than the sum of our increasingly diverse parts. It’s not enough for the United States to be a neutral zone where a million little niches of identity might flourish; in order to make our diversity a true asset, Americans need those niches to be able to share a vocabulary. Americans need to be able to have a broad base of common knowledge so that diversity can be most fully activated.
  • as the pool of potential culture-makers has widened, the modes of culture creation have similarly shifted away from hierarchies and institutions to webs and networks. Wikipedia is the prime embodiment of this reality, both in how the online encyclopedia is crowd-created and how every crowd-created entry contains links to other entries.
  • so any endeavor that makes it easier for those who do not know the memes and themes of American civic life to attain them closes the opportunity gap. It is inherently progressive.
  • since I started writing this essay, dipping into the list has become a game my high-school-age daughter and I play together.
  • I’ll name each of those entries, she’ll describe what she thinks to be its meaning. If she doesn’t know, I’ll explain it and give some back story. If I don’t know, we’ll look it up together. This of course is not a good way for her teachers to teach the main content of American history or English. But it is definitely a good way for us both to supplement what school should be giving her.
  • And however long we end up playing this game, it is already teaching her a meta-lesson about the importance of cultural literacy. Now anytime a reference we’ve discussed comes up in the news or on TV or in dinner conversation, she can claim ownership. Sometimes she does so proudly, sometimes with a knowing look. My bet is that the satisfaction of that ownership, and the value of it, will compound as the years and her education progress.
  • The trouble is, there are also many items on Hirsch’s list that don’t seem particularly necessary for entry into today’s civic and economic mainstream.
  • Which brings us back to why diversity matters. The same diversity that makes it necessary to have and to sustain a unifying cultural core demands that Americans make the core less monochromatic, more inclusive, and continuously relevant for contemporary life
  • it’s worth unpacking the baseline assumption of both Hirsch’s original argument and the battles that erupted around it. The assumption was that multiculturalism sits in polar opposition to a traditional common culture, that the fight between multiculturalism and the common culture was zero-sum.
  • As scholars like Ronald Takaki made clear in books like A Different Mirror, the dichotomy made sense only to the extent that one imagined that nonwhite people had had no part in shaping America until they started speaking up in the second half of the twentieth century.
  • The truth, of course, is that since well before the formation of the United States, the United States has been shaped by nonwhites in its mores, political structures, aesthetics, slang, economic practices, cuisine, dress, song, and sensibility.
  • In its serious forms, multiculturalism never asserted that every racial group should have its own sealed and separate history or that each group’s history was equally salient to the formation of the American experience. It simply claimed that the omni-American story—of diversity and hybridity—was the legitimate American story.
  • as Nathan Glazer has put it (somewhat ruefully), “We are all multiculturalists now.” Americans have come to see—have chosen to see—that multiculturalism is not at odds with a single common culture; it is a single common culture.
  • it is true that in a finite school year, say, with finite class time and books of finite heft, not everything about everyone can be taught. There are necessary trade-offs. But in practice, recognizing the true and longstanding diversity of American identity is not an either-or. Learning about the internment of Japanese Americans does not block out knowledge of D-Day or Midway. It is additive.
  • As more diverse voices attain ever more forms of reach and power we need to re-integrate and reimagine Hirsch’s list of what literate Americans ought to know.
  • To be clear: A 21st-century omni-American approach to cultural literacy is not about crowding out “real” history with the perishable stuff of contemporary life. It’s about drawing lines of descent from the old forms of cultural expression, however formal, to their progeny, however colloquial.
  • Nor is Omni-American cultural literacy about raising the “self-esteem” of the poor, nonwhite, and marginalized. It’s about raising the collective knowledge of all—and recognizing that the wealthy, white, and powerful also have blind spots and swaths of ignorance
  • What, then, would be on your list? It’s not an idle question. It turns out to be the key to rethinking how a list should even get made.
  • the Internet has transformed who makes culture and how. As barriers to culture creation have fallen, orders of magnitude more citizens—amateurs—are able to shape the culture in which we must all be literate. Cat videos and Star Trek fan fiction may not hold up long beside Toni Morrison. But the entry of new creators leads to new claims of right: The right to be recognized. The right to be counted. The right to make the means of recognition and accounting.
  • It is true that lists alone, with no teaching to bring them to life and no expectation that they be connected to a broader education, are somewhere between useless and harmful.
  • This will be a list of nodes and nested networks. It will be a fractal of associations, which reflects far more than a linear list how our brains work and how we learn and create. Hirsch himself nodded to this reality in Cultural Literacy when he described the process he and his colleagues used for collecting items for their list, though he raised it by way of pointing out the danger of infinite regress.
  • His conclusion, appropriate to his times, was that you had to draw boundaries somewhere with the help of experts. My take, appropriate to our times, is that Americans can draw not boundaries so much as circles and linkages, concept sets and pathways among them.
  • Because 5,000 or even 500 items is too daunting a place to start, I ask here only for your top ten. What are ten things every American—newcomer or native born, affluent or indigent—should know? What ten things do you feel are both required knowledge and illuminating gateways to those unenlightened about American life? Here are my entries: Whiteness The Federalist Papers The Almighty Dollar Organized labor Reconstruction Nativism The American Dream The Reagan Revolution DARPA A sucker born every minute
Javier E

The Threat of Motivated Reasoning In-and To-The Legal System - 1 views

  • It does three things—1) explains what motivated reasoning is; 2) explains how it’s threatening to the legal system (because motivated/biased interpretations of court findings and opinions by opposed groups of citizens threaten the very idea of court neutrality); and 3) takes a look at the Supreme Court’s 2010 term (and one bizarre Scalia dissent in particular) in this context.
  • There is thus an inherent risk that citizens will perceive decisions that threaten their group commitments to be a product of judicial bias. The outcomes might strike them as so patently inconsistent with the facts, or with controlling legal principles, that they are impelled to infer bad faith.
  • Kahan suggests it undermines the justice system if battling groups of advocates (say, the American Constitution Society and the Federalist Society) are constantly blasting court opinions from diametrically opposed perspectives, and using motivated reasoning to do so. At some point, as this continues, you wind up legitimating the claim that really, courts don’t know anything special or have any particular expertise—it’s all just opinion, and biased opinion at that. This precipitates a “neutrality crisis” over whether courts can really judge fairly.
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  • Scalia’s opinion thus makes the neutrality problem even worse—because it suggests it’s all bias, all the way down, even for the most professional of us. Is that true? And how do you preserve neutral courts–or, to switch to another sector, trust in the findings of the scientific community–if that is indeed the case?
Javier E

After the Fact - The New Yorker - 1 views

  • newish is the rhetoric of unreality, the insistence, chiefly by Democrats, that some politicians are incapable of perceiving the truth because they have an epistemological deficit: they no longer believe in evidence, or even in objective reality.
  • the past of proof is strange and, on its uncertain future, much in public life turns. In the end, it comes down to this: the history of truth is cockamamie, and lately it’s been getting cockamamier.
  • . Michael P. Lynch is a philosopher of truth. His fascinating new book, “The Internet of Us: Knowing More and Understanding Less in the Age of Big Data,” begins with a thought experiment: “Imagine a society where smartphones are miniaturized and hooked directly into a person’s brain.” As thought experiments go, this one isn’t much of a stretch. (“Eventually, you’ll have an implant,” Google’s Larry Page has promised, “where if you think about a fact it will just tell you the answer.”) Now imagine that, after living with these implants for generations, people grow to rely on them, to know what they know and forget how people used to learn—by observation, inquiry, and reason. Then picture this: overnight, an environmental disaster destroys so much of the planet’s electronic-communications grid that everyone’s implant crashes. It would be, Lynch says, as if the whole world had suddenly gone blind. There would be no immediate basis on which to establish the truth of a fact. No one would really know anything anymore, because no one would know how to know. I Google, therefore I am not.
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  • In England, the abolition of trial by ordeal led to the adoption of trial by jury for criminal cases. This required a new doctrine of evidence and a new method of inquiry, and led to what the historian Barbara Shapiro has called “the culture of fact”: the idea that an observed or witnessed act or thing—the substance, the matter, of fact—is the basis of truth and the only kind of evidence that’s admissible not only in court but also in other realms where truth is arbitrated. Between the thirteenth century and the nineteenth, the fact spread from law outward to science, history, and journalism.
  • Lynch isn’t terribly interested in how we got here. He begins at the arrival gate. But altering the flight plan would seem to require going back to the gate of departure.
  • Lynch thinks we are frighteningly close to this point: blind to proof, no longer able to know. After all, we’re already no longer able to agree about how to know. (See: climate change, above.)
  • We now only rarely discover facts, Lynch observes; instead, we download them.
  • For the length of the eighteenth century and much of the nineteenth, truth seemed more knowable, but after that it got murkier. Somewhere in the middle of the twentieth century, fundamentalism and postmodernism, the religious right and the academic left, met up: either the only truth is the truth of the divine or there is no truth; for both, empiricism is an error.
  • That epistemological havoc has never ended: much of contemporary discourse and pretty much all of American politics is a dispute over evidence. An American Presidential debate has a lot more in common with trial by combat than with trial by jury,
  • came the Internet. The era of the fact is coming to an end: the place once held by “facts” is being taken over by “data.” This is making for more epistemological mayhem, not least because the collection and weighing of facts require investigation, discernment, and judgment, while the collection and analysis of data are outsourced to machines
  • “Most knowing now is Google-knowing—knowledge acquired online,”
  • Empiricists believed they had deduced a method by which they could discover a universe of truth: impartial, verifiable knowledge. But the movement of judgment from God to man wreaked epistemological havoc.
  • “The Internet didn’t create this problem, but it is exaggerating it,”
  • nothing could be less well settled in the twenty-first century than whether people know what they know from faith or from facts, or whether anything, in the end, can really be said to be fully proved.
  • In his 2012 book, “In Praise of Reason,” Lynch identified three sources of skepticism about reason: the suspicion that all reasoning is rationalization, the idea that science is just another faith, and the notion that objectivity is an illusion. These ideas have a specific intellectual history, and none of them are on the wane.
  • Their consequences, he believes, are dire: “Without a common background of standards against which we measure what counts as a reliable source of information, or a reliable method of inquiry, and what doesn’t, we won’t be able to agree on the facts, let alone values.
  • When we Google-know, Lynch argues, we no longer take responsibility for our own beliefs, and we lack the capacity to see how bits of facts fit into a larger whole
  • Essentially, we forfeit our reason and, in a republic, our citizenship. You can see how this works every time you try to get to the bottom of a story by reading the news on your smartphone.
  • what you see when you Google “Polish workers” is a function of, among other things, your language, your location, and your personal Web history. Reason can’t defend itself. Neither can Google.
  • rump doesn’t reason. He’s a lot like that kid who stole my bat. He wants combat. Cruz’s appeal is to the judgment of God. “Father God, please . . . awaken the body of Christ, that we might pull back from the abyss,” he preached on the campaign trail. Rubio’s appeal is to Google.
  • Is there another appeal? People who care about civil society have two choices: find some epistemic principles other than empiricism on which everyone can agree or else find some method other than reason with which to defend empiricism
  • Lynch suspects that doing the first of these things is not possible, but that the second might be. He thinks the best defense of reason is a common practical and ethical commitment.
  • That, anyway, is what Alexander Hamilton meant in the Federalist Papers, when he explained that the United States is an act of empirical inquiry: “It seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”
Javier E

The Story Behind the SAT Overhaul - NYTimes.com - 2 views

  • “When you cover too many topics,” Coleman said, “the assessments designed to measure those standards are inevitably superficial.” He pointed to research showing that more students entering college weren’t prepared and were forced into “remediation programs from which they never escape.” In math, for example, if you examined data from top-performing countries, you found an approach that emphasized “far fewer topics, far deeper,” the opposite of the curriculums he found in the United States, which he described as “a mile wide and an inch deep.”
  • The lessons he brought with him from thinking about the Common Core were evident — that American education needed to be more focused and less superficial, and that it should be possible to test the success of the newly defined standards through an exam that reflected the material being taught in the classroom.
  • she and her team had extensive conversations with students, teachers, parents, counselors, admissions officers and college instructors, asking each group to tell them in detail what they wanted from the test. What they arrived at above all was that a test should reflect the most important skills that were imparted by the best teachers
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  • for example, a good instructor would teach Martin Luther King Jr.’s “I Have a Dream” speech by encouraging a conversation that involved analyzing the text and identifying the evidence, both factual and rhetorical, that makes it persuasive. “The opposite of what we’d want is a classroom where a teacher might ask only: ‘What was the year the speech was given? Where was it given?’ ”
  • in the past, assembling the SAT focused on making sure the questions performed on technical grounds, meaning: Were they appropriately easy or difficult among a wide range of students, and were they free of bias when tested across ethnic, racial and religious subgroups? The goal was “maximizing differentiation” among kids, which meant finding items that were answered correctly by those students who were expected to get them right and incorrectly by the weaker students. A simple way of achieving this, Coleman said, was to test the kind of obscure vocabulary words for which the SAT was famous
  • In redesigning the test, the College Board shifted its emphasis. It prioritized content, measuring each question against a set of specifications that reflect the kind of reading and math that students would encounter in college and their work lives. Schmeiser and others then spent much of early last year watching students as they answered a set of 20 or so problems, discussing the questions with the students afterward. “The predictive validity is going to come out the same,” she said of the redesigned test. “But in the new test, we have much more control over the content and skills that are being measured.”
  • Evidence-based reading and writing, he said, will replace the current sections on reading and writing. It will use as its source materials pieces of writing — from science articles to historical documents to literature excerpts — which research suggests are important for educated Americans to know and understand deeply. “The Declaration of Independence, the Constitution, the Bill of Rights and the Federalist Papers,” Coleman said, “have managed to inspire an enduring great conversation about freedom, justice, human dignity in this country and the world” — therefore every SAT will contain a passage from either a founding document or from a text (like Lincoln’s Gettysburg Address) that is part of the “great global conversation” the founding documents inspired.
  • The Barbara Jordan vocabulary question would have a follow-up — “How do you know your answer is correct?” — to which students would respond by identifying lines in the passage that supported their answer.
  • The idea is that the test will emphasize words students should be encountering, like “synthesis,” which can have several meanings depending on their context. Instead of encouraging students to memorize flashcards, the test should promote the idea that they must read widely throughout their high-school years.
  • . No longer will it be good enough to focus on tricks and trying to eliminate answer choices. We are not interested in students just picking an answer, but justifying their answers.”
  • the essay portion of the test will also be reformulated so that it will always be the same, some version of: “As you read the passage in front of you, consider how the author uses evidence such as facts or examples; reasoning to develop ideas and to connect claims and evidence; and stylistic or persuasive elements to add power to the ideas expressed. Write an essay in which you explain how the author builds an argument to persuade an audience.”
  • The math section, too, will be predicated on research that shows that there are “a few areas of math that are a prerequisite for a wide range of college courses” and careers. Coleman conceded that some might treat the news that they were shifting away from more obscure math problems to these fewer fundamental skills as a dumbing-down the test, but he was adamant that this was not the case. He explained that there will be three areas of focus: problem solving and data analysis, which will include ratios and percentages and other mathematical reasoning used to solve problems in the real world; the “heart of algebra,” which will test how well students can work with linear equations (“a powerful set of tools that echo throughout many fields of study”); and what will be called the “passport to advanced math,” which will focus on the student’s familiarity with complex equations and their applications in science and social science.
  • “Sometimes in the past, there’s been a feeling that tests were measuring some sort of ineffable entity such as intelligence, whatever that might mean. Or ability, whatever that might mean. What this is is a clear message that good hard work is going to pay off and achievement is going to pay off. This is one of the most significant developments that I have seen in the 40-plus years that I’ve been working in admissions in higher education.”
  • The idea of creating a transparent test and then providing a free website that any student could use — not to learn gimmicks but to get a better grounding and additional practice in the core knowledge that would be tested — was appealing to Coleman.
  • (The College Board won’t pay Khan Academy.) They talked about a hypothetical test-prep experience in which students would log on to a personal dashboard, indicate that they wanted to prepare for the SAT and then work through a series of preliminary questions to demonstrate their initial skill level and identify the gaps in their knowledge. Khan said he could foresee a way to estimate the amount of time it would take to achieve certain benchmarks. “It might go something like, ‘O.K., we think you’ll be able to get to this level within the next month and this level within the next two months if you put in 30 minutes a day,’ ” he said. And he saw no reason the site couldn’t predict for anyone, anywhere the score he or she might hope to achieve with a commitment to a prescribed amount of work.
tongoscar

Vagueness | The First Amendment Encyclopedia - 0 views

shared by tongoscar on 03 Nov 19 - No Cached
  • A law that defines a crime in vague terms is likely to raise due-process issues.
  • Vague laws raise problems with due process
  • a law is unconstitutionally vague when people “of common intelligence must necessarily guess at its meaning.”
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  • Thus, in overturning a California loitering law that required persons who wander or loiter on the streets to provide “credible and reliable” identification in Kolender v. Lawson (1983), the Supreme Court explained that “the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory treatment.”
  • the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. . . .”
  • These examples undoubtedly were known to early American commentators and jurists, who often reiterated the importance of clarity in criminal statutes. James Madison in Federalist No. 62 warns of the “calamitous” results if laws are “so incoherent that they cannot be understood. . . .” In an early federal court case, United States v. Sharp (1815), the Court argued that laws that “create crimes, ought to be so explicit in themselves, or by reference to some other standard, that all men, subject to their penalties, may know what acts it is their duty to avoid.”
  • Court has shown three reasons vague statutes are unconstitutional
  • First, due process requires that a law provide fair warning and provides a “persons of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
  • Second, the law must provide “explicit standards” to law enforcement officials, judges, and juries so as to avoid “arbitrary and discriminatory application.”
  • Third, a vague statute can “inhibit the exercise” of First Amendment freedoms and may cause speakers to “steer far wider of the unlawful zone . . . than if the boundaries of the forbidden areas were clearly marked.”
johnsonel7

Chief Justice John Roberts warns about dangers of fake news - POLITICO - 0 views

  • Chief Justice John Roberts — who’s on the verge of an extraordinarily high-profile balancing act presiding over the impeachment trial of President Donald Trump — issued a warning on Tuesday about the dangers of misinformation in the internet era.
  • “In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to understand our government, and the protections it provides, is ever more vital,” Roberts declared
  • “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”
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  • He pointed to a 1788 attack on founder John Jay, who was struck in the head with a rock while trying to quell a lawless mob whipped up by talk that medical students were robbing graves to experiment on corpses. The episode appears to have limited Jay’s contributions to the Federalist Papers, leaving most of those writings to be prepared by Alexander Hamilton and James Madison, Roberts observed. “It is sadly ironic that John Jay’s efforts to educate his fellow citizens about the Framers’ plan of government fell victim to a rock thrown by a rioter motivated by a rumor,”
clairemann

Jonathan Haidt on the Pandemic and America's Polarization - The Atlantic - 0 views

  • The best way to approach this question, he replied, is to look at the trajectory of American democracy over the past decade and a half or so.
  • increasingly concerned by how politically polarized America was becoming, and polarization has only worsened over the past dozen years. “
  • Things change, sometimes for the better, sometimes for the worse; you can’t just extrapolate from the present. “
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  • “You can’t get compromise. You get exactly the situation that the Founders feared, that [James] Madison wrote about in ‘Federalist 10,’ which is faction, which is people care more about defeating the other side than they do about the common good.”
  • Social media essentially gives a megaphone to the extremes, so it’s very hard to know what most people really think.
  • it’s quite clear that this pandemic is turning into just another culture-war issue, where people on the left see what they want to see and people on the right see what they want to see.”
  • the pandemic is having the sort of unifying effect that major crises tend to have.
  • For example, 90 percent of Americans believe that “we’re all in it together,” compared to just 63 percent in the fall of 2018. The share of Americans who describe the country as “unified” has grown from 4 percent in 2018 to 32 percent today
  • Other polls show that the divide between Republicans and Democrats on social-distancing measures isn’t all that large.
Javier E

Technopoly-Chs. 4.5--The Broken Defenses - 0 views

  • r ~~~-~st of us. There is almo-~t-n~ ~ wheth;~~ct~~l or imag'l ined, that will surprise us for very long, since we have no comprehensive and consistent picture of the world that would [ make the fact appear as an unacceptable contradiction.
  • The belief system of a tool-using culture is rather like a brand-new deck of cards. Whether it is a culture of technological simplicity or sophistication, there always exists a more or less comprehensive, ordered world-view, resting on a set of metaphysical or theological assumptions. Ordinary men and women might not clearly grasp how the harsh realities of their lives fit into the grand and benevolent design of the universe, but they have no doubt that there is such a design, and their priests and shamans are well able, by deduction from a handful of principles, to make it, if not wholly rational, at least coherent.
  • From the early seventeenth century, when Western culture u~ertook to reorganize itself to accommodate the printing press, until the mid-nineteenth century, no significant technologies were introduced that altered l-he form, volume, or speed of . in~. As a consequence, Western culture had more than two hundred years to accustom itself to the new information conditions created by the press.
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  • That is eseecial1y the case with technical facts.
  • as incomprehensible problems mount, as the con- ~ cept of progress fades, as meaning itself becomes suspect, the T echnopolist stands firm in believing that what the world needs is yet more information. It is like the joke about the man who , complains that the food he is being served in a restaurant is \ inedibleand also that the_ portions are too small
  • The faith of those who believed in Progress was based on the assumption that one could discern a purpose to the human enterprise, even without the theological scaffolding that supported the Christian edifice of belief. Science and technology were the chief instruments of Progress, and · i.Lac_cumulation of reliable in orma on a out nature _1b_n, would bring ignorance, superstition, and suffering to an end.
  • In T ~chnopoly, we are driven to fill our lives with the quesUo "accesTinformation.
  • But the genie that came out of the bottle proclaiming that information was the new god of culture was a deceiver. It solved the problez:n of information scarcity, the disadvantages o_f wh~s~ious. But it gave no wami g_ahout the dan_gers of information7rttn,
  • !:ion of what is called a_ curriculum was a logical step toward 1./ organizing, limiting, and discriminating among available sources of information. Schools became technocracy's first secular bureaucracies, structures for legitimizing some parts of the flow of infgrmatiQD and di"s.ci.e.diling other earts. School;;ere, in short, a ~eans of governing the ecology of information.
  • James Beniger's The <;antral Revolution, which is among the three or four most important books we have on the lb\b'ect of the relation of informe;ition to culture. In the next chapter, I have relied to a considerable degree on The Control Revolution in my discussion of the breakdown of the control mechanisms,
  • most of the methods by which technocracies. have hoped to keep information from running amok are now dysfunctional. Indeed, one_ ~_i!)!_.Q.L.de£ining_a.I..em Q~ oly is to say that its inf_o_fmation immu is inoperable.
  • Very early ~n, tt..w.as..understood that the printed book had er ate.cl-a ir::ifo · · on crisis and that . =somet ing needed to be done to aintain a measure of control.
  • it is why in _a TechnoE,.oly there can be no transcendent sense of purpose or meaning, no cultural coherence.
  • In - 1480, before the informati9n explosion, there were thirty-four schools in all of England. By 1660, there were 444, one school for every twelve square miles.
  • There were several reasons for the rapid growth of the common school, but none was more obvious than that it was a necessary response to the anxiefies and confusion aroused by information on the loose. The inven-
  • The milieu in which T echnopoly flourishes is one in which the tie between information and human purpose has been severed, i.e., inf~rmation appears indiscriminately, directed at no one in particular, in enormous volume and at high speeds; and disconnected from theory, meaning, or purpose.
  • Abetted ~~orm of ed~~on that in itself has been em _lie~any co~e~ent world-view, Technopoly deprives us of the social, p·olitical, historical, mefaphys1cal, logical, or spiritual bases for knowing what is beyond belief.
  • It developed new institutions, such as the school and representative government. It developed new conceptions of knowledge and intelligence, and a height-
  • ened respect for reason and privacy. It developed new forms of economic activity, such as mechanized production and corporate capitalism, and even gave articulate expression to the possibilities of a humane socialism.
  • There is not a single line written by Jefferson, Adams, Paine, Hamilton, or Franklin that does not take for granted that when information is made available to citizens they are capable of managing it. This is not to say that the Founding Fathers believed information could not be false, misleading, or irrelevant. But they believed that the marketplace of infonpation and ideas was sufficiently ordered so that citizens could make sense of what they read and heard and, through reason, judge ·its μsefulness to their lives. Jefferson's proposals for education, Paine'~ arguments for self-governance, Franklin's arrangements for community affairs assume coherent, commonly shared principles.that allow us to debate such questions as: What are the responsibilities of citizens? What is the nature of education? What constitutes human progress? What are the limitations of social structures?
  • New forms of public discourse came into being through newspapers, pamphlets, broadsides, and books.
  • It is no wonder that the eighteenth century gave us our standard of excellence in the use of reason, as exemplified in the work of Goethe, Voltaire, Diderot, Kant, Hume, Adam Smith, Edmund Burke, Vico, Edward Gibbon, and, of course, Jefferson, Madison, Franklin, Adams, Hamilton, and Thomas Paine.
  • I weight the list with America's "Founding Fathers" because technocratic-typographic America was the first nation ever to be argued into existence irLpr111t. Paine's Common Sense and The Rights of Man, Jefferson's Declaration of Independence, and the Federalist Papers were written and printed efforts to make the American experiment appear reasonable to the people, which to the eighteenth-century mind was both necessary and sufficient. To any people whose politics were the politics of the printed page, as Tocqueville said of America, reason and printr ing were inseparable.
  • The presumed close connection among information, reason, and usefulness began to lose its_ legitimacy toward the midnineteenth century with the invention of the telegraph. Prior to the telegraph, information could be moved only as fa~. as a train could travel: al5out thirty-five miles per hour. Prior to the telegraph, information was sought as part of the process of understanding and solvin articular roblems. Prior to the telegraph, informal-ion tended to be of local interest.
  • First Amendment to the United States Constitution stands as a monument to the ideolo_g~~ print. It says: "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging freedom of speech or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances." In these forty-five words we may find the fundamental values of the literate, reasoning_giind as fostered by the print revolution: a belief in privacy, individuality, intellectual freedom, open criticism, and ~.' adio .
  • telegraphy created the idea of context-free . 1 informatig_n::= that fs'~the idea that the value of information need ;;~t be ti~ to any function it might serve in social and political
  • decision-making and action. The telegraph made information into a commodity, a "thing" that could be bought and sold irrespective of its uses or meaning. 2
  • a new definition qf information came into being. Here was information that rejected the necessit ·of interco~nectedness, proceeded without conte~rgued for instancy against historic continuity, and offere · ascination· in place of corn !exit and cohe ence.
  • The potential of the telegraph to transform information into a commodity might never have been realized except for its artnershi with the enny ress, which was the first institution to grasp the significance of the annihilation of space and the saleability of irrelevant information.
  • the fourth stage of the information revolution occurred, broadcasting. And then the fifth, computer technology. Each of these brought with it new forms of information, unpre~edented amounts of it, and increased speeds
  • photography was invented at approximately the same time a~phy, and initiated the Ehi:rd stage of the information revolution. Daniel Boorstin has called it "the graphic revolution," bec~use the photograph and other ico~ogr~phs br~ on a massive intrusion of ima es into the symbolic environment:
  • The new imagery, with photography at its forefront, did not merely function as a supplement to language but tended to replace it as our dominant: means for construing, understanding~d testing reaj.ity.
  • ~ the beginning of the seventeenth century, an entirely new information environment had been created by_12rint
  • It is an improbable world. It is a world in which the idea of human progress, as Bacon ex~sed it, has been g~ by the idea of technological progress.
  • The aim is no_t to reduZe ignorance, r . supersti ion, and s ering but to accommodate ourselves to the requirements of new technologies.
  • echnopoly is a state of cttlture., It is also a st~te of mind. It consists in the deification of technology, which means that the culture seeks its authorization in te0,~logy, finds · .atisf~tions in technolo , and takes its orders from technolog-¥,
  • We proceed under ( the. assumption that information is our friend, believing that cultures may suffer grievously from a lack of information, which, of course, they do. It is only now beginning to be understood that cultures may also suffer grievously from infori mation glut, information without meaning, information without · .... control mechanisms.
  • Those who feel most comfortable in Technop.oJy are those who are convinced that technical progress is humanity's supreme achievement and the instrument by which our most profound dilemmas may be solved. They also believe that information is an unmixed blessing, which through its continued and uncontrolled production and dissemination offers increased freedom, creativity, and peace of mind.
  • Th_e relationship between information and the mechanisms ( for its control is fairly simple ~ec · ·ology increases the available supply of information. As the supply is increased, \ control mechanisms are strained. Additional control mech\ anisms ~re needed to cope with new information. When addi1 tional control mechanisms are themselves technical, they in tum I further increase the supply of information. When the supply of information is no longer controllable, a general breakdown in psychic tranquillity and social purpose occurs. Without defenses, people have no way of finding meaning in their experiences, lose their capacity to remember, and have difficulty imagining reasonable futures.
  • any decline in the force of i~~~ti'?n_s makes people vulnerable to information chaos. 1 To say that life is destabilized by weakened institutions is merely to say that information loses its use and therefore becomes a source of confu;~n rather than coherence.
  • T echnop_oly, then, is to say it is what h~pens to society when the defe~ainst informati;~ glut have broken down.
  • Soci~finstitufions sometimes do their work simply by denying people access to information, but principally by directing how much weight and, therefore, value one must give to information. Social institutions are concerned with the meaning of information and can be quite rigorous in enforcing standards of admission.
  • H is what happens when a culture, overcome by information generated by technology, tries to employ technology itself as a means of providing clear direction and humane purpose. The effort is mostly doomed to failure
  • although legal theory has been taxed to the limit by new information from diverse sources-biology, psychology, and sociology, among themthe rules governing relevance have remained fairly stable. This may account for Americans' overuse of the co~~-~~ as a mean; of finding cohe_!Til.<iAncl__s.tability. As other institutions become I unusabl~ mechanisms for the control of wanton information, the courts stand as a final arbiter of truth.
  • the school as a mechanism for information control. What its standards are can usually be found in, a curriculum or, with even more clarity, in a course catalogue. A college catalogue lists courses, subjects, and fields of study that, taken together, amount to a certified statement of what a serious student ought to think about.
  • The Republican Party represented the interests of the rich, who, by definition, had no concern for us.
  • More to the point, in what is omitted from a catalogue, we may learn what a serious student ought not to think about. A college catalogue, in other words, is a formal description of an information management program; it defines and categorizes knowledge, and in so doing systematically excludes, demeans, labels as trivial-i~ a word, disregards certain kinds of information.
  • In the West, the family as an institution for the management of nonbiological information began with the ascendance of print. As books on every conceivable subject become available, parent_~ were forced int°._the roles of guard-· ians'... protectors, nurturers, and arbiters of taste and rectitude. \ Their function was to define what it means to be a child by \ excluding from the family's domain information that would 1. undermine its purpose.
  • all_ theories are oversimplifications, or at least lead to oversimplification. The rule of law is an oversimplification. A curriculum is an oversimplification. So is a family's conception of a child. T~~t is the funt!ion _o._Ltheories-_ to o~~~~ip:lp}}_fy, and thus to assist believers in_ organiziDg, weighting, _ _an~_ excluding information. Therein lies the power of theories.
  • That the family can no longer do this is, I believe, obvious to everyone.
  • Th~-ir weakness is that precisely because they oversimplify, they are vulnerable to attack by new information. When there is too much information to _$_ustaJ12 -~,:Z}I theory, infoLm_a_ti.on._Q.~S<?~es essentially mea11iD_g!~s
  • The political party is another.
  • As a young man growing up in a Democratic-household, I was provided with clear instructions on what value to assign to political events and commentary.
  • The most imposing institutions for the control of information are religio!1 ~nd the st~J:f, .. They do their work in a somewhat more abstract way than do courts, schools, families, or political parties. The_y m?n~g~__Ji;1formation throug~ creation of mytJ:is and stories that express theories about funq1m1entaf question_s_:_ __ 10:_hy are we here, where have we come from, and where are we headed?
  • They followed logically from theory, which was, as I remember it, as follows: Because people need protection, they must align themselves with a political organization. The Democratic Party was entitled to our loyalty because it represented the social and economic interests of the working class, of which our family, relatives, and neighbors were members
  • the Bible also served as an information control mechanism, especially in the moral domain. The Bible gives manifold
  • any educational institution, if it is to function well in the mana~~nt of information, must have a theory about its purpose and meaning-'. .!n'!::!Sl. have the means to give clear expression to its_ theory, and must do so, to a large extent, by excluding information.
  • instructions on what one must do and must not do, as well as guidance on what language to avoid (on pain of committing blasphemy), what ideas to avoid (on pain of committing heresy), what symbols to avoid (on pain of committing idolatry). Necessarily but perhaps._ unfortunately, the Bible also explained how the world came into being in such literal detail that it could not accommodate new information produced by the telescope and subsequent technologies.
  • in observing God's laws, and the detailed requirements of their enactment, believers receive guidance about what books they should not read, about what plays and films they should not see, about what music they should not hear, about what subjects their children should not study, and so on. For strict fundamentalists of the Bible, the theory and what follows from it seal them off from unwanted information, and in that way their actions are invested with meaning, clarity, and, they believe, moral authority.
  • Those who reject the Bible's theory and who believe, let us say, in the theory of Science are also protected from unwanted information. Their theory, for example, instructs them to disregard information about astrology, dianetics, and creationism, which they usually label as medieval superstition or subjective opinion.
  • Their theory fails to give any guidance about moral information and, by definition, gives little weight to information that falls outside the constraints of science. Undeniably, fewer and fewer people are bound in any serious way to Biblical or other religious traditions as a source of compelling attention and authority, the result of which is that they make no f!lOral decisions, onl~_pradical ones. _This is still another way of defining Technopoly. The term is aptly used for a _culture whose av.~ilable theories do not offer guidance about what is acceptable informaHon in the moral domain.
  • thought-world that functions not only without a transcendent; narrative to provide moral underpinnings but also without strong social institutions to control the flood of information produced by technology.
  • In the r case of the United States, the great eighteenth-century revolution was not indifferent to commodity capitalism but was nonetheless infused with profound moral content. The U~!ed States was not merely an experiment in a new form of governance; it wai1nefu1fillmenl-oFGocf s plan. True, Adams, Jeffe;son, and Painere1ected-fne supernatural elements in the Bible,· but they never doubted that their experiment had the imprimatur of \ Providence. People were to be free but for a eurp_9se. Their [ God~giv_e~ig[ifs im li~_? obli ations and responsibilities, not L onfytoGod but to other nations, to which the new republic would be a guide and a showcase of what is possible-w~en reason and spirituality commingle.
  • American Technopoly must rel,y, to an obsessive extent, on technica( ~ethods to control the flow of information. Three such means merit speci attention.
  • The first is bureaucracy, which James Beniger in The Control © Revolution ra°i1l~as atoremost among all technological solutions to the crisis of control."
  • It is an open question whether or not "liberal democracy" in its present form can provide a thought-world of sufficient moral substance to sustain meaningful lives.
  • Vaclav Havel, then newly elected as president of Czechoslovakia, posed in an address to the U.S. Congress. "We still don't know how to put morality ahead of politics, science, and economics," he said. "We are still incapable of understanding that the only genuine backbone of our actions-if they are to be moral-is responsibility. Responsibility to something higher than my family, my country, my firm, my success." What Havel is saying is that it is not enough for his nation to liberate itself from one flawed theory; it is necessary to find another, and he worries that Technopoly provides no answer.
  • Francis Fukuyama is wrong. There is another ideological conflict to be fought-between "liberal democracy" as conceived in the eighteenth century, with all its transcendent moral underpinnings, and T echnopoly, a twentieth-century
  • in at- ~ tempting to make the most rational use of information, bureaucracy ignores all information and ideas that do not contribute to efficiency
  • bureaucracy has no intellectual, I political, or moral theory--,--except for its implicit assumption that efficiency is the principal aim of all social institutions and that other goals are essentially less worthy, if not irrelevant. That is why John Stuart Mill thought bureaucracy a "tyranny" and C. S. Lewis identified it with Hell.
  • in principle a bureaucracy is simply a coordinated series of techniques for reducing the amount of information that requires processing.
  • The transformation of bureaucracy from a set of techniques·> designecfto serve social ~tutions to an auton-;;mous metainstitution that largely serves itself came as a result of several developments in the mid-andlate-nineteenth century: rapid ../ industrial growth, improvements in transportation and commu- ·✓ nication, the extension of government into ever-larger realms of V public and business affairs, the increasing centralization of gov- v ernmental structures.
  • extent that the decision will affect the efficient operations of the J bureaucracy, and takes no responsibility for its human consequences.
  • Along the way, it ceased to be merely a servant of social institutions an
  • became ~ their master. Bureaucracy now not only solves problems but creates them. More important, it defines what our problems are---and they arec!.lways, in the bureaucra!!c view, problems of l . , efficiency.
  • ex~r- (J} tis~ is a second important technical means by which Technopoly s~s furiously to control information.
  • the expert in Techno oly has two characteristics that distinguish im or her from experts of the {i) past. First, Technopoly's experts tend to be ignorant about any matter not directly related to their specialized area.
  • T echnopoly' s experts claim dominion not only_gyer technical matters but also over so@,--12~ichological. and moral · aff~irs.
  • "bureaucrat" has come to mean a person who \ by training, commitment, and even temperament is indifferent ~ ). to both the content and the fatality of a human problem. Th~ \ 'bureaucrat considers the implications of a decision only to the
  • Technical machinery is essential to both the bureaucrat and c:/ the expert, and m~ be regarded as a third mechanism of information control.
  • I have in mind "softer" technologies such as IQ tests, SATs, standardized forms, taxonomies, and opinion polls. Some of these I discuss in detail in chapter eight, "Invisible T echnologies," but I mention them here because their role in reducing the types and quantity of information admitted to a system often goes unnoticed, and therefore their role in redefining traditional concepl::s also· goes unnoticed. There is, for example, no test that can measure a person's intelligenc
  • Th_~-role of t!;_e ~xpert is to concentrate o_l}_one_ .H~ld of knowledge, sift through all that is available, eliminate that -.--:-: __ __:~---------which has no bearing on a problem, and use what is left !Q. !!§Sist in solving a probl~.
  • the expert relies on our believing in the reality of technical machinery, which means we will reify the answers generated by the machinery. We come to believe that our score is our intelligence,· or our capacity for creativity or love or pain. We come to believe that the results of opinion polls are what people believe, as if our beliefs can be encapsulated in such sentences as "I approve" and "I disapprove."
  • it is disas~ \ trou~p!ie~e_~ved by technical means and where efficiency is usually irrelevant, such as in education, law, fa~iiy life, and p·r;blems of p~;;~~al maladjustment.
  • perceptions and judgment declines, bureaucracies, expertise, and technical machinery become the principal means by which, T echnopoly hopes to control information and thereby provide itself with intelligibility and order. The rest of this book tells the · story of why this cannot work, and of the pain and stupidity that are the consequences.
  • Institutions ca~~aked~cisions on the basis of scores and. sfatistics, and. there certainly may be occasions where there is no reasonable alternative. But unless such decisions are made with profound skepticism-that is, acknowledged as being made for administrative convenience-they are delusionary.
  • In Technopoly, the \. delusion is sanctified by our granting inordinate prestige to experts who are armed with sophisticated technical machinery. Shaw once remarked that all professions are conspiracies against the laity. I would go further: in Technopoly, all exeeds are invested with the charisma of priestliness
  • The god they serve does not speak \ of righteousness or goodness or mercy or grace. Their god speaks of efficiency, precision, objectivity. And that is why such concepts as sin and evil disappear in Technopoly. They come from a moral universe that is irrelevant to the theology of expertise. And so the priests of Technopoly call sin "social deviance," which is a statistical concept, and they call evil "psychopathology," which is a medical concept. Sin and evil disappear because they cannot be measured and objectified, and therefore cannot be dealt with by experts.
  • As the power of traditional social institutions to organize
Javier E

When a Shitposter Runs a Social Media Platform - The Bulwark - 0 views

  • This is an unfortunate and pernicious pattern. Musk often refers to himself as moderate or independent, but he routinely treats far-right fringe figures as people worth taking seriously—and, more troublingly, as reliable sources of information.
  • By doing so, he boosts their messages: A message retweeted by or receiving a reply from Musk will potentially be seen by millions of people.
  • Also, people who pay for Musk’s Twitter Blue badges get a lift in the algorithm when they tweet or reply; because of the way Twitter Blue became a culture war front, its subscribers tend to skew to the righ
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  • The important thing to remember amid all this, and the thing that has changed the game when it comes to the free speech/content moderation conversation, is that Elon Musk himself loves conspiracy theorie
  • The media isn’t just unduly critical—a perennial sore spot for Musk—but “all news is to some degree propaganda,” meaning he won’t label actual state-affiliated propaganda outlets on his platform to distinguish their stories from those of the New York Times.
  • In his mind, they’re engaged in the same activity, so he strikes the faux-populist note that the people can decide for themselves what is true, regardless of objectively very different track records from different sources.
  • Musk’s “just asking questions” maneuver is a classic Trump tactic that enables him to advertise conspiracy theories while maintaining a sort of deniability.
  • At what point should we infer that he’s taking the concerns of someone like Loomer seriously not despite but because of her unhinged beliefs?
  • Musk’s skepticism seems largely to extend to criticism of the far-right, while his credulity for right-wing sources is boundless.
  • This is part of the argument for content moderation that limits the dispersal of bullshit: People simply don’t have the time, energy, or inclination to seek out the boring truth when stimulated by some online outrage.
  • Refuting bullshit requires some technological literacy, perhaps some policy knowledge, but most of all it requires time and a willingness to challenge your own prior beliefs, two things that are in precious short supply online.
  • Brandolini’s Law holds that the amount of energy needed to refute bullshit is an order of magnitude bigger than that needed to produce it.
  • Here we can return to the example of Loomer’s tweet. People did fact-check her, but it hardly matters: Following Musk’s reply, she ended up receiving over 5 million views, an exponentially larger online readership than is normal for her. In the attention economy, this counts as a major win. “Thank you so much for posting about this, @elonmusk!” she gushed in response to his reply. “I truly appreciate it.”
  • the problem isn’t limited to elevating Loomer. Musk had his own stock of misinformation to add to the pile. After interacting with her account, Musk followed up last Tuesday by tweeting out last week a 2021 Federalist article claiming that Facebook founder Mark Zuckerberg had “bought” the 2020 election, an allegation previously raised by Trump and others, and which Musk had also brought up during his recent interview with Tucker Carlson.
  • If Zuckerberg wanted to use his vast fortune to tip the election, it would have been vastly more efficient to create a super PAC with targeted get-out-the-vote operations and advertising. Notwithstanding legitimate criticisms one can make about Facebook’s effect on democracy, and whatever Zuckerberg’s motivations, you have to squint hard to see this as something other than a positive act addressing a real problem.
  • It’s worth mentioning that the refutations I’ve just sketched of the conspiratorial claims made by Loomer and Musk come out to around 1,200 words. The tweets they wrote, read by millions, consisted of fewer than a hundred words in total. That’s Brandolini’s Law in action—an illustration of why Musk’s cynical free-speech-over-all approach amounts to a policy in favor of disinformation and against democracy.
  • Moderation is a subject where Zuckerberg’s actions provide a valuable point of contrast with Musk. Through Facebook’s independent oversight board, which has the power to overturn the company’s own moderation decisions, Zuckerberg has at least made an effort to have credible outside actors inform how Facebook deals with moderation issues
  • Meanwhile, we are still waiting on the content moderation council that Elon Musk promised last October:
  • The problem is about to get bigger than unhinged conspiracy theorists occasionally receiving a profile-elevating reply from Musk. Twitter is the venue that Tucker Carlson, whom advertisers fled and Fox News fired after it agreed to pay $787 million to settle a lawsuit over its election lies, has chosen to make his comeback. Carlson and Musk are natural allies: They share an obsessive anti-wokeness, a conspiratorial mindset, and an unaccountable sense of grievance peculiar to rich, famous, and powerful men who have taken it upon themselves to rail against the “elites,” however idiosyncratically construed
  • f the rumors are true that Trump is planning to return to Twitter after an exclusivity agreement with Truth Social expires in June, Musk’s social platform might be on the verge of becoming a gigantic rec room for the populist right.
  • These days, Twitter increasingly feels like a neighborhood where the amiable guy-next-door is gone and you suspect his replacement has a meth lab in the basement.
  • even if Twitter’s increasingly broken information environment doesn’t sway the results, it is profoundly damaging to our democracy that so many people have lost faith in our electoral system. The sort of claims that Musk is toying with in his feed these days do not help. It is one thing for the owner of a major source of information to be indifferent to the content that gets posted to that platform. It is vastly worse for an owner to actively fan the flames of disinformation and doubt.
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