Archives for category: Democracy

Geoff Duncan, a former Lieutenant Governor of Georgia and a lifelong Republican, explained in the Atlanta Journal-Constitution why he could not vote for Donald Trump:

It’s disappointing to watch an increasing number of Republicans fall in line behind former president Donald Trump. This includes some of his fiercest detractors, such as U.S. Senate Minority Leader Mitch McConnell, New Hampshire Gov. Chris Sununu and former U.S. Attorney General Bill Barr, who raised eyebrows during a recent interview by vowing to support the “Republican ticket.”

This mentality is dead wrong.

Yes, elections are a binary choice. Yes, serious questions linger about President Biden’s ability to serve until the age of 86. His progressive policies aren’t to conservatives’ liking.

But the GOP will never rebuild until we move on from the Trump era, leaving conservative (but not angry) Republicans like me no choice but to pull the lever for Biden. At the same time, we should work to elect GOP congressional majorities to block his second-term legislative agenda and provide a check and balance.

The alternative is another term of Trump, a man who has disqualified himself through his conduct and his character. The headlines are ablaze with his hush-money trial over allegations of improper record-keeping for payments to conceal an affair with an adult-film star.

Most important, Trump fanned the flames of unfounded conspiracy theories that led to the horrific events of Jan. 6, 2021. He refuses to admit he lost the last election and has hinted he might do so again after the next one….

The healing of the Republican Party cannot begin with Trump as president (and that’s aside from the untold damage that potentially awaits our country). A forthcoming Time magazine cover story lays out in stark terms “the outlines of an imperial presidency that would reshape America and its role in the world.”

Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass.

Dana Milbank wrote recently about the latest foibles of Trump: his endless verbal gaffes; his inability to stay awake at his trial in New York City; his endless lies about everything.

But the main point of his article is that the students protesting against Israel and calling Biden “Genocide Joe” are helping to elect Trump.

Trump will be far harsher towards student protestors than Biden and far closer to Netanyahu. Trump promises to use the National Guard to crack down on student protestors and to ban Muslims from entering the U.S.

He wrote that Trump:

….said he would change the law to reverse “a bias against White” people: “I think there is a definite anti-White feeling in this country and that can’t be allowed.” He walked away from his previous support for a Palestinian state, saying “I’m not sure a two-state solution anymore is going to work.” And he said he wouldn’t hesitate to use the National Guard against pro-Palestinian protesters while also leaving open the possibility of using the broader U.S. military against them.

Those last Trump positions — the restoration of white power, the rejection of a Palestinian homeland, the willingness to mobilize troops against peaceful demonstrators — show how deeply misguided those on the far left are as they protest Biden’s policies on Gaza. Their frustration with the president’s support for Israel is understandable. But in making Biden the enemy, including with chants of “Genocide Joe,” the plans to trash the Democratic National Convention in Chicago and the proliferation of vows of the “uncommitted” never to vote for Biden, they are in effect working to elect Trump. This isn’t principled protest; it’s nihilism.

They are working to help return to office an authoritarian who just last week said the neo-Nazi violence in Charlottesville was “like a peanut compared to the riots and the anti-Israel protests that are happening all over our country.” In recent months, Trump said Israel should be allowed to “finish the job” in Gaza and boasted about cutting off aid to Palestinians. And he has vowed, if elected, to reimpose his travel ban on predominantly Muslim countries and “expand it even further.”

For those student protesters too young to remember, this is the guy who led the anti-Muslim “birther” campaign against President Barack Obama; who claimed thousands of Muslims in New Jersey cheered the 9/11 terrorist attacks; who said “Islam hates us” and employed several anti-Muslim bigots in his administration; who wanted to have police surveillance of U.S. mosques; who called for a “complete and total shutdown of Muslims entering the United States”; who retweeted anti-Muslim propaganda videos by a white supremacist; and who told figures such as Palestinian American Rep. Rashida Tlaib (D-Mich.) and Somali American Rep. Ilhan Omar (D-Minn.) to “go back” to the “totally broken and crime infested places from which they came.”

So it’s entirely consistent that, in Wisconsin on Wednesday, he said that he’s “restoring the travel ban, suspending refugee admissions and keeping terrorists the hell out of our country.” He went on: “We’ve seen what happened when Europe opened their doors to jihad. Look at Paris, Look at London. They’re no longer recognizable.”
Trump, on Hannity’s show this week, called the demonstrators at Columbia “paid agitators” and “brainwashed.” At his Wisconsin rally, he condemned the “raging lunatics and Hamas sympathizers at Columbia and other colleges.” He called for authorities to “vanquish the radicals,” many of whom “come from foreign countries.”

None of this should be surprising, either, for this is the same guy who called thousands of National Guard troops to Washington and federal police to Oregon to combat racial-justice demonstrators after the George Floyd killing; who held a Bible-wielding photo op in Lafayette Square after authorities cleared a peaceful demonstration with tear gas; who, according to his own former defense secretary, suggested to military leaders that they shoot demonstrators; who calls the free press the “enemy of the American people”; who defended the “very fine people” among the Nazis in Charlottesville and who called those convicted of attacking the Capitol “hostages.”

Yet the pro-Palestinian activists, through their actions, would return the author of this ugliness to the White House. They must have been doing for the last eight years what Trump has been doing in court the last three weeks: napping.

Michael Tomasky came up with an interesting thought. Writing in The New Republic, he speculated on what Joe Biden could accomplish if the Supreme Court rules that Presidents have absolute immunity for anything they do in their official capacity. Time for Dark Brandon!

During last week’s oral arguments in United States v. Trump, it sure sounded like there might be five Supreme Court justices willing to conclude that a president should indeed have lifetime immunity from legal reprisal for official acts committed as president. This prospect is terrifying because it would hand a President Trump a nearly blank check to do anything he wants—to the Constitution, to his political opponents, to the executive branch—and there will be no way to stop him unless 67 votes emerge in the Senate to convict him of high crimes and misdemeanors and remove him from office, which seems a near impossibility, given Republicans’ excessive fealty to and fear of the man and his movement.

But then it occurred to me over the weekend: Well, wait a second. Donald Trump isn’t president. Joe Biden is. And if presidential immunity for official acts were to apply to a future President Trump, would it not also apply to current President Biden?

Of course it would. And I hope that fact has them doing some thinking in the Biden White House. Democrats should drive the point home to Republicans and the nation that two can play this game.

What “official acts” might Biden undertake once Samuel Alito, Clarence Thomas, Neil Gorsuch, Bret Kavanaugh, and possibly John Roberts declare him to be above the law? Well, let’s have some fun here.

Let’s start with the Supreme Court itself. Biden could wake up one day and announce that the court should have 13 members, or 15, and he could set about appointing the new associate justices and doing his best to ram them through the Senate, offering Joe Manchin trillions in economic development for West Virginia to secure the retiring senator’s support, between now and Election Day.

Politically risky? Sure. But maybe not as politically risky as most pundits would assume—and not nearly as costly to the republic as the things Trump is contemplating doing. Remember, the Constitution calls for no set number of justices. Biden would be within even his pre-immunity rights to try to change it. Two polls came out last fall asking respondents whether they’d favor court expansion, and the affirmative view prevailed in both: It was 54-46 in one, and 44-35 (with 22 percent having no opinion) in the other. That looks like a winnable political fight to me.

Biden would need only to make two arguments. Number one, this court delegitimized itself when it took away a half-century-old right, the right to a safe and legal abortion, in the Dobbs ruling. Every one of the justices who voted to strip that right away from women vowed in his or her confirmation hearing about their deep respect for precedent. They all lied. Number two, this very court gave me the power to do this! I’m only doing what this very Supreme Court just ruled a president was within his rights to do.

Okay. We all know Biden is not going to do that. He’s too respectful of tradition, and Democrats are too fearful of the right-wing noise machine, which would kick into an unprecedented outrage gear if Biden actually tried to make use of the tools the Supreme Court just handed him.

But here’s my point. If this court were to give presidents a grant of immunity for official acts, Biden should most certainly use the occasion to play some hardball. Make some threats about what he might do with this power. Get the American public thinking about some things they just don’t think about enough, leading public opinion in the direction of reforming aspects of our democratic system that badly need reform.

Take the Electoral College. Democrats have won seven of the last eight presidential elections, in popular vote terms, but this archaic and reactionary system that was put into place to give presidential candidates from slaveholding states an advantage has helped elect two Republicans who lost the popular vote.

I don’t think Biden should just unilaterally end the Electoral College—although, if he had immunity for all official acts, he could certainly give it a whirl, let conservatives bring a civil lawsuit, and see what his new 13-member Supreme Court thinks of the idea.

Less audaciously, he could certainly find some legal way to put an end to all these MAGA-driven attempts to seat alternate electors in states whose outcomes they dispute, which they did in seven states in 2020 and by all accounts are preparing to do again this year. Yes, the GOP-led House would impeach him, but so what? There’d never be 67 votes in the Senate to convict. And as with court expansion, if it were clear that he had really won the disputed states, public opinion would be on Biden’s side, and he’d have pushed the Overton window dramatically in the direction of eventual abolition of the Electoral College.

Okay, this, too, is a little out there for Biden. More seriously, he could use an immunity grant to issue a series of rulings and orders that would be aimed toward two ends: one, shoring up some of his policy decisions against the inevitable Trump reversals should Trump be elected, and two, preemptively making it harder for Trump to do some of the things that the infamous Project 2025 pledges he will do.

On the former, for example, the Biden administration could undertake a number of administrative moves on the civil rights and labor fronts to make it harder for Trump to undo what Team Biden has done. And on the latter, Biden can find a way to make it basically impossible for Trump to implement his so-called Schedule F plans, under which Trump would give himself the authority to fire more federal workers and replace them with lackeys. And that’s just for starters. With immunity for official acts, Biden could preemptively defang a lot of what promises to be undemocratic and authoritarian about a Trump second term.

Of course, the Supreme Court might not even issue a ruling on immunity. It might just remand it back to the Washington, D.C., appeals court that ruled in February that Citizen Trump was not immune from prosecution—that is, the high court’s real intent may just have been to delay the prosecution of Trump on January 6 insurrection charges, not to shield him from prosecution.

But I hope we’ve all learned by now never to underestimate the cynical perfidy of this court majority. They may well limit presidential immunity, thinking they’re helping Trump remake the country in his fascist fashion. They’ll calculate that the old institutionalist Biden would never use his new powers in the closing months and weeks of his term. It would be delicious to see him prove them wrong.

Jan Resseger explains how young people are injured when adults censor what they read and teach them inaccurate history.

She writes:

Public schools, which serve more than 50 million of our nation’s children and adolescents are perhaps our society’s most important public institution. Unlike private schools, public schools guarantee acceptance for all children everywhere in the United States, and they protect the rights of all children by law. And unlike their private school counterparts, public schools are also required to provide services to meet each child’s educational needs, even children who are disabled or who are learning the English language.

Today’s culture war attacks on public education drive fear of “the other” and attempt to frighten parents about exposing their children to others who may come from other countries, from other cultures, from a different race or ethnicity, from a different religion, or from a gay or lesbian family.

The idea of insulating children is, however, counter to the whole philosophical tradition that is the foundation for our system of public schooling.

More than a century ago, education philosopher John Dewey declared: “What the best and wisest parent wants for his own child, that must the community want for all of its children… Only by being true to the full growth of all the individuals who make it up, can society by any chance be true to itself,” (The School and Society, p. 5)

For Dewey, however, educating all children together without insulating them was important as more than an abstract principle. Dewey believed that the experience of school was itself a way of learning to live in a broader community: “I believe that the school is primarily a social institution. Education being a social process, the school is simply that form of community life… I believe that much of present education fails because it neglects… the school as a form of community life… I believe that… the best and deepest moral training is precisely that which one gets through having to enter into proper relations with others in a unity of work and thought.” (My Pedagogic Creed, January 1897)

A hundred years later, in 1998, the political philosopher Benjamin Barber defended the idea of public schools as a microcosm of the community: “America is not a private club defined by one group’s historical hegemony. Consequently, multicultural education is not discretionary; it defines demographic and pedagogical necessity.  If we want youngsters from Los Angeles whose families speak more than 160 languages to be ‘Americans,’ we must first acknowledge their diversity and honor their distinctiveness.”( Education for Democracy,” in A Passion for Democracy: American Essays, p.231).

And in the same year, another philosopher of education, Walter Feinberg explained that in public school classrooms students should learn to tell their own stories, to listen and respect the stories of others, and through that process prepare for democratic citizenship: “That there is an ‘American story’ means not that there is one official understanding of the American experience but, rather, that those who are telling their versions of the story are doing so in order to contribute to better decision making on the part of the American nation and that they understand that they are part of those decisions. The concept is really ‘Americans’ stories.’” (Common Schools: Uncommon Identities, p. 232) (emphasis in the original)

Today, of course, the culture wars attacks on public education seek to reshape the curriculum, silence controversial discussion, and ban books.

Massachusetts political science professor Maurice Cunningham explains that well-funded advocates for reshaping school curricula—including the Heritage Foundation, the Manhattan Institute, the Council for National Policy and a number of dark money groups—are spending millions of dollars to fan the fears of parents by supporting local advocates in organizations like Moms for Liberty and Parents Defending Education. The goal is to agitate against overly “woke” public school curricula and to frighten parents by telling them that teachers are frightening children by including the nation’s sins as well as our society’s virtues as part of the American history curriculum, and by encouraging children to listen to the voices of people who have traditionally been marginalized.  There is, however, no evidence that our children have been personally or collectively frightened when they learn about slavery as the cause of the Civil War or when they learn about gender identity as part of a high school human sexuality curriculum. Accurate and inclusive curricula and open class discussion where all voices are heard and considered are essential for truly public education.

Robert Samuels’ When Your Own Book Gets Caught Up in the Culture Wars profoundly explains the damage wrought by book banning, Samuels, a Washington Post reporter and his colleague Toluse Olorunnipa, had just won the 2023 Pulitzer Prize for General Nonfiction last fall when they were invited to a Memphis high school to discuss their new book, His Name Is George Floyd: One Man’s Life and the Struggle for Racial Justice.  Samuels describes why he wanted to share his book with the Memphis high school students: “I had once been told that the answer to anything could be found in a book… One day, during my senior year, I was browsing an airport bookstore when I saw Stokely Carmichael’s autobiography, “Ready for Revolution.” A whole chapter was devoted to Bronx (High School of) Science, which he had also attended. I was riveted. It started with an officer hassling him on the street, only to be stunned when Carmichael shows him a book with the school’s logo. Although our time there was separated by four decades, we both had the same confusion upon discovering that white classmates had grown up reading an entirely different set of material….  We were both surprised by how little dancing there was at white classmates’ parties. ‘It was at first a mild culture shock, but I adapted,’ he wrote. I, too, had to learn to adapt, to not be so self-conscious about getting stereotyped because of my speech, my clothes, my interests. It was the first time I had ever truly felt seen in a book that was not made for children.”

Samuels and Olorunnipa received a call just before their Memphis visit warning them they could not read from the book and that the school could not distribute copies to students. And during their visit, it became evident that students’ questions had even been carefully edited by their teachers.  Then, in the weeks after the visit, the Memphis-Shelby County school staff and event sponsoring organization stepped all over themselves trying to apologize to Samuels and Olorunnipa.  It became evident that school staff had been frightened and intimidated by school district regulations; the penalties were severe while the rules themselves remained unclear.

Samuels describes what happened: “(T)he spokesperson for the school district e-mailed… to apologize for the miscommunication and misinformation ‘surrounding your recent visit’… (She) defended prohibiting the book itself, on the ground that it was not appropriate for people under the age of eighteen… (She) then admitted that no one involved in the decision had actually read it. The district’s academic department didn’t have time… A staff person in the office searched for it in a library database, noting that the American Library Association had classified it as adult literature.” There was one positive result of the whole fiasco:  with a donation from Viking Books, the publisher, a Memphis community development group, promised any student from Whitehaven High School a free copy of His Name is George Floyd: One Man’s Life and the Struggle for Racial Justice.

Philosophers of education, academic researchers, educational psychologists, and the students in America’s classrooms all tell us that young people are hurt when the school is forced to remove the books that tell students’ own stories.

Young people are made invisible when state laws suppress accurate teaching about all the strands of the American story including slavery, and what happened during the Civil War, Reconstruction, and the Civil Rights Movement. Children who are gay or lesbian learn that they should withdraw and hide when the words that describe them are banned. Experts also tell us that the other children in the classroom are not frightened when, for example, a classmate shares the challenges his or her family faced as immigrants trying to find a place to feel welcome.

Please open the link and finish reading this important article.

Rick Perlstein writes in The American Prospect about a conversation with a friend who is a journalist in Texas. His friend describes how his native state is run by men who are determined to stamp out every last vestige of democracy in Texas. The Republican Party keeps moving to the extreme and crushing reasonableness and sanity. The result is a fascist state where all power is concentrated in the hands of Gregg Abbott, Dan Patrick, and far-right fascists.

Perlstein writes:

I made a friend a few years back, a young journalist at a newspaper in a smaller Texas city, bored with his work and seeking out conversation on the kind of things I write about. As time went on, however, he just wanted to talk about escape. “A local city I cover, as a matter of habit, appeals every single public records request,” went a typical plaint. “In a state that hasn’t completely lost its mind, maybe the solution is to reach out to the AG’s office. Except in Texas, you’re trying to get an indicted man who might have helped with January 6 to act on behalf of the public.”

At the end of that year, he approached me on the horns of a dilemma: take a job offer as a beat reporter at a daily in a big Texas city, or quit journalism and find some job at a do-gooder nonprofit. The guy’s dog was named “Molly Ivins.” I told him I didn’t think he had much choice. Alas, he took this graybeard’s advice. Things since have been hardly more rewarding.

One day: “Working on a deep dive into how the state of Texas fails to protect intellectually disabled people from predatory guardians. Depressing stuff.”

Another day: “A thing that really irks me about covering conservative dustups is how profoundly dishonest the whole thing is … When it comes time to write, you have two options. Either cut through the BS and call it what it is; then they’ll tell you you’re just biased. Or you can try to finesse it and sound insane.”

Another: “I also just finished a story about how domestic violence homicides are through the roof in Texas (even as overall homicide rates have declined), but we don’t have the infrastructure to really know how bad conditions have become. It turns out when you turn women into second-class citizens and make guns easily accessible, that doesn’t go well.”

A couple of weeks back, he shared with me a dark epiphany: He no longer felt hope. Thought it might be high time to get the hell out of his native state forever. He asked if there was anything out there that gave me hope. Having reached the “Forget it, Jake, it’s Chinatown” stage of my relationship with the United States (in part thanks to his testimony from the front lines), I had no comfort to offer.

I did, however, have a suggestion. He could tell me about what all this was like. I could let you listen in. Forthwith, an edited and annotated transcript of my conversation with a man I’ll call Lonely Star. Though it’s not so much that he’s lonely; he has manyanguished compatriots who feel the same way. It’s just that they feel like there’s less they can do about it with every passing day.

Please open the link and read their conversation. It’s enlightening and frightening.

Robert Hubbell summarizes Trump’s goals, as he explained them to TIME magazine in an interview. They sound remarkably fascistic. All power to the imperial President. No checks or balances. Remember and ask yourself: is this the country we want to live in? I suppose we should be glad that Trump is turning 80 this year. With any luck, he won’t have time to abolish the Constitution and make himself President-for-life.

Hubbell writes:

On a day of many important stories, the most important news came from Donald Trump’s interview with Time Magazine. See Donald Trump on What His Second Term Would Look Like | TIME. In the interview, Trump confirmed that he will attempt to exercise dictatorial powers in a second term.

We have been warned.

We ignore Trump’s threats at our peril and the peril of our democracy.

In describing his fever dream of autocratic powers, Trump said he would take (or allow) the following actions:

  • Allow states to monitor the pregnancies of women to ensure they comply with abortion bans (a grotesque violation of liberty, privacy, and dignity).
  • Fire US attorneys who refuse to prosecute defendants targeted by Trump (a violation of US norms dating to the creation of the Department of Justice).
  • Initiate mass deportations of alleged illegal immigrants using the US military and local law enforcement (neither of which are authorized to enforce US immigration law).
  • Pardon insurrectionists who attacked the Capitol on January 6.
  • Prosecute President Biden (for unspecified and non-existent crimes).
  • Deploy the National Guard to cities and states across America—likely those with predominately Democratic populations (presumably under the Insurrection Act, a deployment would violate the terms of the Act and implementing regulations).
  • Withhold funds from states in the exercise of his personal discretion (a violation of the Impoundment Control Act of 1974).
  • Abandon NATO and South Asian allies if he feels the countries are not paying enough for their own defense.
  • Shutter the White House pandemic-preparedness office.
  • Fire tens (hundreds?) of thousands of civil servants and replace them with Trump acolytes with dubious qualifications (other than loyalty to Trump).

Most readers of this newsletter understand the seriousness of Trump’s threats and are working tirelessly to prevent a second Trump term. But tens of millions of Americans seem oblivious or apathetic in the face of an imminent and dire threat.

If elected, will Trump succeed in achieving any of his stated goals? No—not if Democrats continue their resistance in the courts, in Congress, in state legislatures, and in the hearts and minds of most Americans.

However, whether Trump succeeds in achieving his stated objectives is beside the point. He will attempt to do so—and his attempts will tear at the fabric of democracy and destroy legal norms that have served as the bedrock of our republic since its founding.

To be clear, I am not attempting to frighten readers of this newsletter. To the contrary, I believe that we can and will defeat Trump—or outlast him, whatever it takes. But the interview confirms that we are not frantic alarmists exaggerating the threat posed by Trump.

No, far from it.

When we challenge the milquetoast, both-siderism reporting of the media or the normalization of Trump by spineless politicians, we are not overreacting. We are sounding the alarm in a responsible, necessary way. For reasons that defy comprehension, our warnings have been unheeded—often dismissed, minimized, or patronized.

We must redouble our efforts. Commit the above list to memory. Copy the URL so you can forward this newsletter or the Time Magazine article to friends, colleagues, and complete strangers who doubt that Trump is a danger to democracy. Pick two or three issues and be prepared to discuss them when the moment arises. We have been warned—and we must act accordingly. 

I was invited by KPFT, a Pacifica station in Houston, to discuss the state takeover of the Houston Independent School District.

This is a better link.

The host of the show is Paul Castro, who has taught in HISD and in an open enrollment charter school.

It was a good exchange. We talked about The state-appointed superintendent Mike Miles, about charter schools, and about Governor Abbott’s determination to get a voucher bill passed by the next legislature. I explained what a voucher program would mean and what has been learned from the experience of other states.

You have to search the website to find the program. It aired April 26 at 9 am.

“Amplified Houston” Friday

Host:Paul Castro

Guest:Diane Ravitch 

Topic

Public school reform and HISD Takeover

Amplified Houston for Fri., April 26, 2024, focuses on public school reform and the HISD takeover. Dr Diane Ravitch, Founder and President of the Network for Public Education (NPE) will guest. NPE is the single largest organization of parents and teachers and other citizens working to stop the privatization of public education and the misuse of standardized testing.Diane Ravitch’s Blog is dianeravitch.net. Her two most recent books are EdSpeak and DoubleTalk:A Glossary to Decipher Hypocrisy and Save Public Schooling and The Death and Life of the Great American School System.

Friday, April 26, 2024 9:00 am30:07

The American Civil Liberties Union issued a statement to advise college and university presidents about responding to student protests.

We write in response to the recent protests that have spread across our nation’s university and college campuses, and the disturbing arrests that have followed. We understand that as leaders of your campus communities, it can be extraordinarily difficult to navigate the pressures you face from politicians, donors, and faculty and students alike. You also have legal obligations to combat discrimination and a responsibility to maintain order. But as you fashion responses to the activism of your students (and faculty and staff), it is essential that you not sacrifice principles of academic freedom and free speech that are core to the educational mission of your respected institution…The American Civil Liberties Union released a statement describing how universities should react to demonstrations on campus.

The statement begins:

Schools must not single out particular viewpoints for censorship, discipline, or disproportionate punishment

These protections extend to both students and faculty, and to speech that supports either side of the conflict. Outside the classroom, including on social media, students and professors must be free to express even the most controversial political opinions without fear of discipline or censure. Inside the classroom, speech can be and always has been subject to more restrictive rules to ensure civil dialogue and a robust learning environment. But such rules have no place in a public forum like a campus green. Preserving physical safety on campuses is paramount; but “safety” from ideas or views that one finds offensive is anathema to the very enterprise of the university.

First, university administrators must not single out particular viewpoints — however offensive they may be to some members of the community — for censorship, discipline, or disproportionate punishment. Viewpoint neutrality is essential. Harassment directed at individuals because of their race, ethnicity, or religion is not, of course, permissible. But general calls for a Palestinian state “from the river to the sea,” or defenses of Israel’s assault on Gaza, even if many listeners find these messages deeply offensive, cannot be prohibited or punished by a university that respects free speech principles.

Schools must protect students from discriminatory harassment and violence

Second, both public and private universities are bound by civil rights laws that guarantee all students equal access to education, including Title VI of the Civil Rights Act. This means that schools can, and indeed must, protect students from discriminatory harassment on the basis of race or national origin, which has been interpreted to include discrimination on the basis of “shared ancestry or ethnic characteristics,” or “citizenship or residency in a country with a dominant religion or distinct religious identity.”

So, while offensive and even racist speech is constitutionally protected, shouting an epithet at a particular student or pinning an offensive sign to their dorm room door can constitute impermissible harassment, not free speech. Antisemitic or anti-Palestinian speech targeted at individuals because of their ethnicity or national origin constitutes invidious discrimination, and cannot be tolerated. Physically intimidating students by blocking their movements or pursuing them aggressively is unprotected conduct, not protected speech. It should go without saying that violence is never an acceptable protest tactic.

Speech that is not targeted at an individual or individuals because of their ethnicity or national origin but merely expresses impassioned views about Israel or Palestine is not discrimination and should be protected. The only exception for such untargeted speech is where it is so severe or pervasive that it denies students equal access to an education — an extremely demanding standard that has almost never been met by pure speech. One can criticize Israel’s actions, even in vituperative terms, without being antisemitic. And by the same token, one can support Israel’s actions in Gaza and condemn Hamas without being anti-Muslim. Administrators must resist the tendency to equate criticism with discrimination. Speech condoning violence can be condemned, to be sure. But it cannot be the basis for punishment, without more.

Schools can announce and enforce reasonable content-neutral protest policies but they must leave ample room for students to express themselves

Third, universities can announce and enforce reasonable time, place, or manner restrictions on protest activity to ensure that essential college functions can continue. Such restrictions must be content neutral, meaning that they do not depend on the substance of what is being communicated, but rather where, when, or how it is being communicated. Protests can be limited to certain areas of campus and certain times of the day, for example. These policies must, however, leave ample room for students to speak to and to be heard by other members of the community. And the rules must not only be content neutral on their face; they must also be applied in a content-neutral manner. If a university has routinely tolerated violations of its rules, and suddenly enforces them harshly in a specific context, singling out particular views for punishment, the fact that the policy is formally neutral on its face does not make viewpoint-based enforcement permissible.

Open the link to finish reading the statement.

Rick Wilson, a Never-Trump Republican and a founder of The Lincoln Project, warns about the danger of normalizing Trump:

I’m seeing a lot of traditional, DC “bothsides” reporting lately, arguing that this is at some level a “normal” election between a center-left Democratic party and a center-right Republican party.


This morning, Axios published a piece by Mike Allen and Jim VandeHei titled “Behind the Curtain: America’s reality distortion machine,” which caused a stir in political media circles.


It leads out with a question: “Here’s a wild thought experiment: What if we’ve been deceived into thinking we’re more divided, more dysfunctional, and more defeated than we actually are?” and proceeds to make some pretty good arguments about why we’re not a dystopian hellscape. I think they missed the big point, and this piece will stand out as a Washington Normalcy Bias exemplar for a long time.


My friend Molly Jong-Fast lit them up on Morning Joe,
She had precisely the right response: “But you understand that the conventional framing elevates the autocrat.”


No, not every American — in fact, not even a majority — is locked in the day to day of political struggle. Yes, there are silos. Yes, the algorithmic hypnosis of social media is real.


I cede all those points. America is a nation filled with hundreds of millions of people who aren’t partisan jihadis, left or right. There really is a desire for basic decency, decoupled from political rage, induced or not.

They’re not wrong to make these points, and the America they describe is one we should crave—not being involved in politics every moment of the day is a luxury only present in stable democracies.


But they ignore the existential issue underpinning this all.


We aren’t in a nation where the sensible center will survive if Donald Trump wins.


Only one side of the political argument wants their president to govern like a dictator. Only one side believes that the President is above the law — if his name is Donald Trump. Only one side of the political equation mounted an armed attack on the United States Capitol.


Only one side has welcomed the “no enemies to our right” philosophy, which means their party winks and nods at the alt-reich, the white nationalists, and the rest of the Daily Stormer crowd. Only one side is banning books, diving deeply into the seas of culture war cruelty and persecution.


Only one side backs America’s enemies abroad and promises to hand Europe over to Vladimir Putin on a plate. I could recite the Bill of Condemnation all day, but you understand the point.


The political movement that embraces the aforementioned horrors is MAGA, and its sole leader is Donald Trump.

Once again, the world is playing chess, and Donald Trump is eating the pieces and crapping on the board, and instead of horror, the reaction is a shrug.


This isn’t a regular election with typical outcomes.


Ordinary people living ordinary lives who think politics doesn’t matter and that the world will go on as it has can’t grapple with what happens in a post-American Presidency. It seems a lot of Washington reporters can’t either.


Normalcy bias is the best friend of authoritarians. If you think the algo-driven bubble on social media is robust, nothing tops normalcy bias. This cognitive bias can play into the hands of authoritarian regimes or leaders in a few ways:


It plays to the natural tendency for people to underestimate the possibility of a disaster, dictator, or disruptive event coming to the fore. It lets people assume that things will continue as normal because they’ve always been that way. (Berlin, 1936, anyone?)


It lulls people into complacency: they assume things will continue as they always have, and like frogs boiling in a slow pot, they may fail to recognize creeping authoritarianism and the erosion of democratic norms and civil liberties until it’s too late.


It makes people—even people reporting on it professionally—miss clear signals that a movement or regime is becoming more authoritarian, even when its leaders lay out their plans in broad daylight.

Once you say, “It can’t happen here,” there’s a high likelihood it’s already happening.
The normalcy bias makes people slow to react and resist authoritarian encroachments because they don’t perceive the seriousness of the threat until it’s too late.


Normalcy bias also rears its ugly head after the damage is done. Authoritarian actions are emergencies, you see. “The Caravan! Antifa! Transing the kids!” demand temporary measures lulling citizens into acceptance of the worst…and the temporary measures seem to last forever.

People convinced that the current system is immutable are less likely to make contingency plans or organize resistance against potential authoritarianism taking root. Trust me, the Never Trump folks screaming into the void for the last decade can tell you all about this one.
It’s tempting to hope that societal inertia in the center will overcome the energy and danger on the MAGA flank.


It hasn’t, and it won’t.

Jim Hightower is an old-fashioned Texas liberal. He tries to understand what’s happened to his state in his blog. The GOP is just plain mean and crazy.

He writes:

If you think the GOP’s Congress of Clowns represents the fringiest, freakiest, pack of politicos that MAGA-world can hurl at us – you haven’t been to Texas.

It’s widely known, of course, that Ted Cruz, Greg Abbott, and most other top Republican officials here are obsequious Trump acolytes. Thus, Texas is infamously racing against Florida to be declared the stupidest, meanest, most-repressive state government in America, constantly making demonic attacks on women’s freedom, immigrants, voting rights, public schools, poor people, and so on. But I’m confident Texas will win this race to the bottom for one big reason: GOP crazy runs extraordinarily deep here.

We have a county-level layer of ultra-MAGA cultists constantly pressing the state’s far-right officials to march all the way to the farthest edge of extremism – then leap into absurdity. Therefore, the party officially supports abolishment of labor unions, elimination of the minimum wage, privatization of social security, legalization of machine guns, and… well, you get the drift. Now, though, local mad-dog Trumpistas are pushing their party straight into the abyss of autocracy by declaring war on H-E-B.

What’s that? H-E-B is a Texas chain of supermarkets beloved in communities throughout the state. “Beloved,” because the stores fully embrace the rich diversity of all people in our state, has affordable prices, values employees, and supports community needs.

Nonetheless, county Republican zealots screech that H-E-B violates their party ideology by accepting food stamps, opposing privatization of schools, and (horrors!) sponsoring some LBGTQ pride events. So, they’re demanding official condemnation of the grocery chain for – GET THIS – “advocating for policies contrary to the Republican Party of Texas platform.”

Yes, violating the party platform is to be criminalized. It’s the reincarnation of Orwell’s Nineteen Eighty-Four: Be MAGA… or else.