Archives for category: Privacy and Privacy Rights

DOGE (or DOGS, as I prefer to call them) just won the authority to see your most important personal data, thanks to the rightwing bloc of six on the SupremeCourt.,

It’s really unbelievable. There is legislation protecting our personal data. But the Court split 6-3 to allow these mostly very young, very inexperienced kids to review and gather our personal data. The Court also shielded members of the DOGE group from public scrutiny.

The six Republicans on the Court claim to be conservatives. They are not. Some of the six claim to be “originalists,” ruling in accord with the wishes of the Founding Fathers. Nonsense.

Who are these people that Elon Musk left behind? No one knows for sure. Were they confirmed by the U.S. Senate? No. What are their credentials? No one knows for certain. What right do these shadowy people have to know our personal data? They are not a government agency. They are friends of Elon.

This decision gives open access to our records by shadowy figures whose purposes are hidden.

Are they building a data base for the next election? Will the data be used to blackmail people?

These are frightening decisions.

In at least 20 states, the College Board collects and sells student data, despite state law forbidding it.

New York was one of those states, but activist parents led a years-long campaign to block the practice.

Recently, State Attorney General Letitia James won a judgment against the College Board for $750,000, and it agreed to stop monetizing student data in New York.

What happens in your state? Does your state protect the privacy of student data? Does it enforce the law?

Read Leonie Haimson’s account of how parents in New York pushed back and finally won. She includes a list of other states that protect student privacy.

She writes:

For decades, the College Board has been selling student names, addresses, test scores, and whatever other personal information that students have provided them,  when they sign up for a College Board account and the Student Search program. According to the AG press release, in 2019 alone, the College Board improperly shared the information of more than 237,000 New York students.  Since New York’s student privacy law, Education §2-d, calls for a fine of up to $10 per student, the penalty for selling student data during that one year alone could have equaled more than $2 million.

And yet for years, on their website and elsewhere, the College Board has also  falsely claimed they weren’t selling student data.  Instead they called  it “licensing” data, a distinction without a difference.  For years, they also claimed that they never sold student scores, though that was false as well, as they do sell student scores within a range.

The College Board urges millions of students to sign up for their Student Search program, with all sorts of unfounded and deceptive claims, including that it will help them get into better schools or receive scholarships.  The reality is that their personal data is sold to over 1,000 colleges, programs and other companies – the names of which they refuse to disclose — who use it for marketing purposes and may even resell it to even less reputable businesses.

Is your state one of them? Is the law enforced?

For years, parent advocates for student privacy have been pushing the state to stop the College Board from selling student data to colleges. See Reuters story here. The state Attorney General Letitia James and Board of Regents Chair Betty Rosa sued the College Board and won.

FOR IMMEDIATE RELEASE    
February 13, 2024

Attorney General’s Press Office/212-416-8060nyag.pressoffice@ag.ny.gov

Attorney General James and NYSED Commissioner Rosa
Secure $750,000 from College Board for Violating Students’ Privacy

NEW YORK – New York Attorney General Letitia James and New York State Education Department (NYSED) Commissioner Betty A. Rosa announced a $750,000 settlement with College Board for violating students’ privacy and unlawfully selling their personal data. For years, College Board collected students’ personal information when they took the PSAT, SAT, and AP exams in school, and then licensed this data to colleges, scholarship programs, and other customers who used it to solicit students to participate in their programs. In 2019 alone, College Board improperly licensed the information of more than 237,000 New York students who took their exams. In addition, College Board improperly sent promotional materials to students who signed up for College Board accounts in connection with exams or AP courses. As a result of today’s agreement, College Board must pay $750,000 in penalties and will be prohibited from monetizing New York students’ data that it acquires through its contracts with New York schools and school districts.

“Students have more than enough to be stressed about when they take college entrance exams, and shouldn’t have to worry about their personal information being bought and sold,” said Attorney General James. “New York law requires organizations like College Board to protect the data they collect from students when they take their exams in school, not sell it to customers for a profit. I want to thank Commissioner Rosa for her work on this investigation to ensure we hold College Board accountable and protect New York students’ privacy.”  

“When the organizations we trust to provide meaningful services to our students exploit student information for profit, it violates privacy laws as well as the public trust,” said Commissioner Betty A. Rosa. “We will continue to ensure that every student’s information is appropriately utilized and protected. We are grateful to the Attorney General for her collaboration in protecting the interests of the students and families of New York.”

College Board is a New York-based non-profit institution that develops and administers standardized tests, primarily to high school students who take them as part of the college admissions process. It also develops other college readiness programs, such as AP courses, and has a contract with NYSED to subsidize AP exam fees for low-income students. In addition, College Board operates the Student Search Service (Search), in which it licenses data it collects from students — including their names, contact information, ethnicity, GPAs, and test scores — to customers like colleges and scholarship programs to use for recruiting students. 

Beginning in 2010, College Board contracted with New York schools and school districts to allow schools to offer the PSAT and SAT exams during the school day and to pay for the students’ exam fees. In the past five years, approximately 20 New York schools or school districts, including the New York City Department of Education, which operates more than 500 high schools, have entered into such contracts. Schools across New York have also consistently signed agreements with College Board to offer AP courses and exams.

An investigation led by the Office of the Attorney General (OAG) revealed that prior to June 2022, College Board solicited students to provide information, such as their GPA, anticipated course of study, interest in a religiously affiliated college and religious activities, and parents’ level of income, during the administration of PSAT, SAT, and AP exams, as well as when students signed up for a College Board online account. Although providing this data for participation in Search was optional, students were solicited to participate in the urgent context of an important exam and were encouraged to sign up because it would connect them with scholarship and college opportunities. From 2018-2022, College Board licensed New York student data to over 1,000 institutions through Search and received significant revenue from data related to New York students who took PSAT, SAT, or AP exams during the school day.    

The investigation further found that College Board improperly used student data for its own marketing. Until fall 2022, College Board used student data collected in connection with PSAT and SAT exams administered during the school day to send marketing communications. In addition, until 2023, when New York students registered for the AP program, they were solicited to opt in to receiving College Board marketing materials. 

Under New York law, it is illegal to use student data obtained under a contract with a New York educational agency for commercial or marketing purposes. The investigation found College Board improperly used student data obtained in connection with PSAT and SAT exams administered during the school day and the AP program by licensing student data to Search clients and using student data to send its own marketing materials.  

Under the settlement announced today, College Board must pay $750,000 in penalties, disgorgement, and costs to the state. College Board is also prohibited from using New York student data it collects or receives in connection with a contract with a New York educational agency for any marketing or commercial purposes. This includes data obtained from administering PSAT, SAT, or AP exams during the school day. In addition, College Board cannot solicit students to participate in Search or similar programs during these exams.

This matter was handled for OAG by Assistant Attorneys General Laura Mumm, Jina John, and Hanna Baek of the Bureau of Internet and Technology, under the supervision of Bureau Chief Kim Berger and Deputy Bureau Chief Clark Russell, with special assistance from former Special Advisor and Senior Counsel for Economic Justice Zephyr Teachout. The Bureau of Internet and Technology is part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo and First Deputy Attorney General Jennifer Levy.

This matter was handled for NYSED by Chief Privacy Officer Louise De Candia and Counsel & Deputy Commissioner for Legal Affairs Daniel Morton-Bentley.

Secretary of Education Miguel Cardona has been nearly invisible these past three years, other than lamenting test scores. Veteran educator Nancy Bailey has some suggestions about how he could help kids, schools, and teachers right now. This post was reposted by the Network for Public Education.

The secretary keeps talking about raising the bar. Nancy Bailey has some thoughts about some bars he could work on. Reposted with permission.

She writes:

Education Secretary Cardona focuses on reducing absenteeism, tutoring, and after-school programs. And he refers to raising the bar, which sounds like A Nation at Risk talk.

Yet there are so many K12 issues that Cardona and the Biden administration could address, lead, and support the states and local school districts.

Here are some educational issues Cardona should drive this new year. If you have more, please share.

1. The Arts

Poor public schools have gone without the arts for years. Cardona should push for qualified art and music teachers for every school.

The arts help students struggling with mental health difficulties, and jobs exist in the arts.

Every child in K12 should have access to a vital arts program.

2. Career Education

Career-technical education is essential, but companies pushing their agendas into high schools to get workers raises concerns.

Tax dollars should help students decide what careers they want, giving them the chance to experience high school, not creating schools for corporate preparation.

3. Class Size

Reducing class sizes would help students with disabilities in inclusion classes and is essential for student safety. Cardona must endorse lowering class sizes and showcase schools that do.

If schools can’t lower every class (classes like P.E. wouldn’t be necessary), give students access to at least one small class where they are known.

Lowering class sizes in K-3rd grade would also help children get a good start. See the STAR Study.

4. Corporal Punishment

In 2023, The Washington Post reported that 15 states still permitted corporal punishment in schools (St. George, 2023). Like Florida, which vaguely gives a nod to it. Teens who wear the wrong kind of prom dress or misunderstandings resulting in paddling are examples.

Cardona deserves praise for standing against corporal punishment last year in schools, claiming educators should favor evidence-based approaches and that there should be no spanking, hitting, or paddling.

5. Data

Cardona must study and draw attention to child privacy laws which are currently inadequate.

In 2018, the NEPC published Educating All Our Children: Your Kids, Their Data, No Privacy by Linda McSpadden McNeil.

She stated:

When children’s privacy is violated in ways that are overt, visible, and knowable, the violation is unquestioned. It is unacceptable. In most cases, it is illegal.

So why is it different when the violation is hidden, opaque, electronic, commercial, and complicated?

6. High-Stakes Standardized Testing

President Biden promised teachers and parents he’d end harmful high-stakes standardized tests. Instead, he pushed assessments even during the pandemic.

Can Cardona show the American people who want these tests reduced or eliminated what, if anything, the Biden administration will finally do to end high-stakes standardized tests?

7. Lead in School Pipes

The Biden-Harris team promised to repair the lead pipes in homes and schools. They’re to be commended for this. It would be nice, however, if Cardona presented a report.

No amount of lead is O.K. for developing children, and it can lead to learning disabilities.

8. Reading

Reading has become a volatile issue, and Cardona has been mostly silent. Many commercial programs with little independent study, but nonetheless called the Science of Reading, are being pushed into classrooms.

The subject of reading deserves a better forum than short, often hostile debates on X.

Cardona should call for a new National Reading Panel to study programs and address reading instruction. The panel should include teachers who teach reading since they were left off the last panel. This panel should consider the concerns of the last NRP member, the only educator on the panel, Joanne Yatvin (Yatvin, 2002). Parents should also be given a voice on this panel. A new NRP would allow for a better collection of the research, old and the latest findings, and a review of the work of the last NRP.

9. Recess

Every public school in the nation should give children several unstructured breaks throughout the school day, supervised, on safe, well-designed playgrounds.

Driving students to work nonstop with mindfulness training or a dozen other excuses to bypass recess should not be permitted.

10. School Buildings

Americans need to know the status of their public school buildings. How are the HVAC systems and air quality? How many school facilities are still falling apart? Are public school buildings safe?

Are new schools being built to support teachers?

11. School Choice

The Biden administration discussed regulating charter schools (Lieberman, 2022). But concerns about vouchers, educational savings account, nonprofit and for-profit charters, and religion in schools needs to be better addressed.

In addition, the Biden administration should describe what they mean by community schools (often called charter schools), partnerships, and social impact bonds and how these schools are still public.

12. School Libraries and Librarians

It’s an abomination to drill children to learn to read in poor schools, and then not provide them a school library with a qualified school librarian.

Closing school libraries has been a disaster in many school districts, see Philadelphia as an example.

13. School Safety

The gun lobby is unfortunately influential, so despite shootings in this country, don’t hold your breath for meaningful gun laws. It was thoughtful of Cardona to visit Parkland.

In the meantime, school administrators must devise creative ways to make schools safe and identify students in their schools who need mental health help. See class size above.

14. Social-Emotional Learning

Concerns about the data collected on students includes social-emotional learning. Teachers always want their students to be socially and emotionally healthy, but social-emotional learning seems more about collecting unnecessary sensitive data about students.

Who is using this information and why?

15. Special Education

Parents are in danger of losing special education services. The All Handicapped Children’s Act reauthorized to IDEA should have evolved into a more inclusive and better programs for students with exceptional needs, but instead it has been hijacked by those who don’t want to pay for it.

Cardona should look into special education and create a task force to study it and determine exactly how much special education funding schools receive and the kind of services students receive. He might start with Tammy Kolbe’s work and the National Education Policy Center report Funding Special Education: Charting a Path that Confronts Complexity and Crafts Coherence.

16. Teacher Preparation

School reform has changed teacher preparation dramatically. There needs to be more effort to oversee these mostly fast-track nonprofit or for-profit programs often connected to charter schools.

Cardona should step up here to promote fully university-prepared teachers, and he should work with university education programs to improve their coursework and degree offerings. The United States Department of Education might provide scholarships to attract young people who want to pursue a teaching career in university education programs, not unknown nonprofits or charter school preparation.

Fast-track groups like Teach for America are a concern because they turn those without real qualifications into the system with little understanding of child development or what’s needed to teach well, and Grow Your Own programs are ill-defined.

17. Technology

While technology is useful to learning, a recent Columbia University study indicates that children read better with paper print not online.

The Guardian cites MIT neuroscientist John Gabrieli, skeptical about the promises of big tech and its salesmen.

Gabrieli states:

I am impressed how educational technology has had no effect on scale, on reading outcomes, on reading difficulties, on equity issues.

Is Cardona behind teachers or for replacing them with technology? Actions matter.

18. Third-Grade Retention

Third-grade retention is unnecessary. No child should be made to feel like a failure. Children can still learn to read in third grade, can still grow and become great learners. Speaking out on this issue would help end it.

References

St. George, D. (2023, August 10). In over 15 states, schools can still paddle students as punishment. The Washington Post. Retrieved from https://www.washingtonpost.com/education/2023/08/10/school-paddling-corporal-punishment/.

Yatvin, J. (2002). Babes in the Woods: The Wanderings of the National Reading Panel. Phi Delta Kappan, 83(5), 364–369. https://doi.org/10.1177/003172170208300509

Lieberman, M (2022). Lawmakers, Education Secretary Clash Over Charter School Rules. Education Week, https://www.edweek.org/policy-politics/lawmakers-education-secretary-clash-over-charter-school-rules/2022/04

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This is the only post today. Read as much of it as you have time for. The report is a valuable reminder that Ed-tech is oversold and even dangerous. It has its uses, for sure. But it should never replace teachers or parents.

UNESCO released a major blockbuster report warning about the dangers of relying too much on education technology. The author of the report was Mark West. The title of the report is An Ed-Tech Tragedy? Educational Technologies and School Closures in the Time of COVID-19.

An alternate link: https://teachertaskforce.org/sites/default/files/2023-09/2023_UNESCO_An-ed-tech-tragedy_Educational-technologies-and-school-closures-in-the-time-of-COVID19_EN_.pdf

The puzzle at the heart of the document is the clash between learned experience and the imperatives of greed. We learned during the pandemic about the risks of becoming dependent on ed-technology as the main driver of instruction. As we reflect on the period from March 2020 to now, we can discern the damage that occurred to students when their teachers were replaced by virtual instruction: boredom, learning loss, mental health issues, loneliness, lack of socialization with their peers, lack of personal interaction with teachers.

Yet with most people believing that the pandemic (or the worst of it) lies in the past, ed-tech corporations are focused on selling more of what has already failed. Why would we want to expand what has demonstrably proved inadequate and harmful to students?

You probably will take a long while to read the full report, but do read the summary and conclusions to whet your appetite. The overview concludes that the global reliance on ed-tech was necessary in the circumstances, but was a tragedy. Children need human teachers. They need people who look them in the eye and encourage them. Education is not a mechanical process; people are not widgets.

The UNESCO report reviews the global evidence of the harm caused by dependence on ed-tech:

[The report] exposes the ways unprecedented educational dependence on technology often resulted in unchecked exclusion, staggering inequality, inadvertent harm and the elevation of learning models that place machines and profit before people.

The summary says:

An Ed-Tech Tragedy? documents how widespread school closures and the hard pivot to remote learning with connected technology during the COVID-19 pandemic resulted in numerous unintended and undesirable consequences.

Although connected technology supported the continuation of education for many learners, many more were left behind. Exclusion soared and inequities widened. Achievement levels fell, even for those with access to distance learning. Educational experiences narrowed. Physical and mental health declined. Privatization accelerated, threatening education’s unique standing as a public good and human right. Invasive surveillance endangered the free and open exchange of ideas and undermined trust. Automation replaced human interactions with machine-mediated experiences. And technology production and disposal placed new strains on the environment.

Visions that technology could form the backbone of education and supplant school-based learning – in wide circulation at the outset of the health crisis – had promised better outcomes. Ed-tech proponents held that the immense challenges of school closures could be met with technology and that deeper technology integration would transform education for the better. But these high hopes and expectations unraveled when ed-tech was hurriedly deployed to maintain formal education as COVID-19 tore across countries.

An Ed-Tech Tragedy? recounts this tumultuous period, documenting the actions and decisions taken by governments, schools and technology companies. The publication contrasts the promises of ed-tech with the realities of what ed-tech delivered as a response to school closures that impacted over 1.6 billion learners and stretched intermittently from the beginning of 2020 to the end of 2022. The evidence and analysis highlight trends observed across countries and zoom in on the specificities of local experiences, creating a global mosaic of what students, teachers and families experienced when connected technology was elevated as a singular portal to teaching and learning.

Aimed at general and specialist audiences alike, this publication shows how the abrupt and deep changes brought about by the recourse to remote digital learning during the pandemic continue to ripple through the education sector even as schools have fully reopened. It questions whether more and faster integration of technology is desirable for learners, teachers and schools and if ed-tech is, as it is often billed, a key ingredient of educational resilience.

An Ed-Tech Tragedy? posits that new principles are needed to forge more humanistic directions for ed-tech development and use. In-person schooling and teaching should be guaranteed even as technologies improve and connectivity becomes more ubiquitous. Governments need to anchor this guarantee in the legal architecture upholding the right to education, especially for young learners. Moreover, future applications of ed-tech must show greater concern for holistic student well-being. While academic learning is central to education, it is not the only component. Ed-tech needs to support the multiple individual and collective purposes of education, from socio-emotional and personal development, to learning to live together, with the planet, as well as with technology.

In detailing what happened when ed-tech was deployed in response to pandemic school closures, as well as questioning why ed-tech was often elevated as a singular solution, this publication clarifies how the education community can move beyond merely reacting to technological change and instead play a more assertive role steering the digitalization of education towards the more holistic goals of education to shape inclusive, just and sustainable futures.

The future of education needs to be a humanistic one. The lessons extracted from what is premised here as an ed-tech tragedy illuminate the ways technology can better foster education that teaches and revitalizes human values, strengthens human relationships and upholds human rights.

Ed-tech was supposed to solve a problem but it created other problems.

An Ed-Tech Tragedy? examines the many ways that the hurried embrace of technology solutionism steered responses to a global education challenge directly towards ed-tech. Along the way, the logic of technology solutionism changed understandings of educational problems to be solved. The analysis presented here helps reveal, for example, how technological solutions deployed during school closures took a narrow view of education and focused almost exclusively on furthering the academic progress of students in pared-down curricular subjects. This meant that little attention was paid to other education goals, such as fostering curiosity and inquiry and supporting physical health, mental well-being and social and emotional learning. This analysis also shows how ed-tech, originally cast as a solution to maintain learning continuity in the face of widespread disruptions to schooling, has more recently been positioned as a tool to help reverse learning loss. This ‘loss’, however, grew out of the deficiencies of technology-dependent remote learning to preserve the pace of academic learning that would have been typical without school closures stemming from the pandemic. The problem that ed-tech initially set out to solve morphed from assuring the continuity of learning to remedying lost learning. The way the problem was reframed while maintaining connected technology as the centrepiece of the solution is an example of technology solutionism at work.

Recognizing the chaotic pivot from in-school learning to technology-facilitated distance learning as having a tragic arc provides a forceful rebuttal to a growing consensus that the education sector somehow ‘advanced’, ‘leapfrogged’, ‘catapulted’ or ‘disrupted’ itself to a better future when it deployed technology on a massive scale as an interim measure to confront a crisis. The evidence overwhelmingly points in the opposite direction: education became less accessible, less effective and less engaging when it pivoted away from physical schools and teachers and towards technology exclusively. ‘Tragedy’ in this sense signals regression – a denigration of the status quo,rather than a desired evolution. The narrative that ed-tech should be or must be a central component of ‘building education back better’ warrants new scrutiny after a careful examination of the experiences during the pandemic.

The invocation of tragedy also facilitates awareness that connected technologies, despite their growing reach, power and potential, remain tools in a repertoire of many others to construct stronger, more agile and more flexible education systems that can respond and adapt to disruption. Other tools include strengthened teacher training and support; enhanced school leadership and pedagogical management of schools; curricular renewal; smaller class sizes; and improved physical resources and infrastructure for schools and classrooms. Crises that necessitate the prolonged closure of schools and demand heavy or total reliance on technology have been exceedingly rare historically. Future crises may present entirely different challenges. The trauma of the pandemic has, in many circles, functioned to elevate technology as an almost singular solution to assure educational resilience by providing flexibility in times of disruption. Investments to protect education wrongly shifted away from people and towards machines, digital connections and platforms. This elevation of the technical over the human is contradictory to education’s aim to further human development and cultivate humanistic values. It is human capacity, rather than technological capacity, that is central to ensuring greater resilience of education systems to withstand shocks and manage crises.

Overall, the pandemic is a case study in how technology in its current iterations is not yet a suitable foundation for actualizing the diverse goals that communities assign to education. Expectations that technology may, in time, help further increase the reach, improve the quality and strengthen the agility of education are valid. For now, though, the experiences since early 2020 have shown it to be an alarmingly brittle solution – one incapable of effectively responding to widespread and extended school shutdowns. For far too many students, it was a solution that either never started in earnest or quickly broke down. The sudden shift to ed-tech also accelerated a concerning transfer of authority away from teachers, schools and communities and towards private, for-profit interests. Additionally, the censorship, data extraction, advertising, top-down control, intimidation and surveillance that so often characterize current models of digital transformation have made education less free and, arguably, less capable of facilitating critiques of and positive changes to the status quo. [emphasis added by DR.]

Countries made massive investments to digitalize education through much of the COVID-19 pandemic. But it remains far from clear whether these investments will improve education over the longer term and make it an engine of just, inclusive and sustainable development, especially when compared with conventional school-based and teacher-facilitated education. The digital transformation of education may yet be a force for beneficial change. But the logic of technological solutionism and its associated business models currently steering this transformation, led largely by the commercial technology entities that are remaking so many aspects of society, tend to treat education and knowledge as private commodities and not as global public goods that provide collective as well as individual benefits.

It is hoped that this analysis and its use of tragedy as a metaphor might moderate the discourse and popular view that the pandemic has ‘unshackled’ education systems and ‘launched’ them into desirable futures characterized by greater technology use. Documenting the severity and scope of the many negative consequences of ed-tech responses during the health crisis inverts the triumphalist narratives that accompany many descriptions of technology deployments to address the educational disruption caused by school closures. A critical examination of the assumptions of technology solutionism and a review of the existing evidence provide a corrective and a counterargument to notions that more, deeper and accelerated use of technology is uniformly positive for education…

Throughout the review that follows, considerable evidence illustrates how the rush to distance and remote learning with ed-tech accelerated the privatization of education in many contexts. While some countries and localities managed a shift to digital learning with limited privatization of the educational experience, a defining characteristic of the technology-centric response to the educational disruptions of the pandemic tended to be the elevation of for-profit, private ed-tech companies. In addition to considering the ways reliance on ed-tech impacted educational inclusion, equity and quality, this publication also explores the complex and often symbiotic links between ed-tech and the privatization of education during the pandemic.The rush to distance and remote learning with ed-tech accelerated the privatization of education.

Most such reports tend to summarize the status quo. This one challenges it. It’s time to take stock before the Ed-tech industry takes control of our most precious asset: our children.

Harvard law professor Laurence Tribe was interviewed by the Washington Post about the Supreme Court. His answers were very informative. He refers to the current Court as “the Thomas court.”

Do you consider the Supreme Court to be in crisis now?


Yes. I have no doubt that the court is at a point that is far more dangerous and damaging to the country than at any other point, probably, since Dred Scott. And, in a way, because we even find Justice [Clarence] Thomas going back and citing Dred Scott favorably in his opinion on firearms, the court is dragging the country back into a terrible, terrible time. So I think that it’s never been in greater danger or more dangerous
….

You testified against [failed 1987 conservative Supreme Court nominee] Robert Bork a long time ago and alluded to the kind of vision that he would have brought had he been on the Supreme Court. Where do you see the justices now on that spectrum — do you consider them to be similar to Bork?


I think there are five Robert Borks on the court right now.


Do you really?


And they are, in fact, probably to his right — that is, Robert Bork at least seemed to believe in preserving those aspects of free speech that conduced to meaningful democratic self-governance. That is, I didn’t see in Robert Bork the disregard for democracy, writ large, that I see in the current Supreme Court majority led by Clarence Thomas. And it is now surely more the Thomas court than it is the Roberts court.
Bork and the current justices, I think, were pretty much in the same place with respect to privacy. They all thought that Griswold v. Connecticut was wrong. And I think Thomas is much more candid than Alito in saying that he would certainly get rid of the right as a people to decide to use birth control, to use contraceptives, to have sex for purposes other than procreation. I think that it’s clear that they are going in that direction.

Take a case like Loving v. Virginia, which should matter to Clarence Thomas, given that he is himself, obviously, in an interracial marriage. There’s no basis for it in the Bork universe because, in the Bork universe, the original meaning of the Constitution is to be derived by what it looked like in 1868 or so. Racial intermarriage was unthinkable at that time. And neither the due process nor the equal protection bases of Loving or of Obergefell [v. Hodges] fit into the universe that Robert Bork envisioned.
What happened to Robert Bork is that he was more candid than people like Barrett,[Brett] Kavanaugh and Gorsuch and Alito and Thomas about their views. Remember when Thomas testified, he said he hadn’t even discussed Roe v. Wade. He barely knew the name of the case. And that, when he was a justice, he would basically be like a runner who would be stripped down bare and would start afresh and have no preconceptions and no agendas. What utter BS. I mean, I don’t expect anyone to come to a court with a blank slate — an empty mind, an empty heart. People bring experiences and ideas. But at least something of an open mind. These people don’t appear to have an open mind. It’s clear, on the things that are agenda items for them, they know exactly where they’re going to come out. And although they don’t literally lie under oath when being asked by Susan Collins, “Do you think this is precedent?” “Oh, yes. Oh, yes, it’s precedent,” they certainly were misleading. So it does feel like Robert Bork redux. It feels like “Back to the Future.” Except it’s back to a terrible past.

Do you think justices can be or ever were impartial? Is that an ideal that can be attained?

The court has always been quite political. And throughout much of our history, it’s been quite regressive. It is kind of a myth that the Supreme Court has been, you know, the shining city on the hill. It’s only during the very brief period from 1957 to 1969 or so, during the [Earl] Warren years, that the court really performed the function of ensuring one person, one vote, and moving toward racial and gender equality. That was a limited period. The court, for most of its history, has been very much in the thrall of economically and politically powerful groups. It retarded the progress after the Civil War by invalidating the civil rights acts and its invalidation of parts of the Voting Rights Act was fairly typical.

So I don’t have any illusion that the court was ever really neutral, nor do I think one can really define a point of neutrality. The idea that judges could be apolitical doesn’t make sense. But they can at least be fair. They can listen. They can give reasons for what they do and not have points of view that are so closed and preset that you might as well have an algorithm as a group of human beings. And what the current court is doing more than any court in our history that I can think of is simply saying, “It’s so because we say it’s so.” And then pull out things that are so transparently not arguments.

The entire interview is fascinating but too long to copy. I hope you can open it and read it.

For example, when Justice Alito says in the majority opinion in Dobbs: Don’t worry, this will have no implications for contraception; it’s special because it involves potential life. Well, of course, so does contraception involve potential life. And besides, he’s equating a definition with an argument. The underpinnings of his theory are that if you don’t find it written down in the Constitution — or in a history that goes back far enough that he’s citing judges who favored burning women as witches — if you don’t find those roots, it doesn’t exist. Well, if you apply that logic, it wipes out whole swaths of rights. So that’s not what I call a fair argument. That’s simply basically saying, you know, “I’ve got the votes, and so shut up.”

Dahlia Lithwick, writing in Slate, makes three important points about the ongoing controversy over abortion and the Supreme Court’s overturning of Roe v. Wade. The anti-abortion movement is not satisfied because they want more than a decision that allows some states to offer abortions.

First, their real goal is a national ban on abortion and a declaration that a fetus has all the rights of a person. They want fetal personhood, in every state.

Second, since the Dobbs’ decision reversing Roe, large numbers of Republicans have expressed their opposition to the decision.

Third, post-Dobbs, expect to read frequent stories about women who died because they were denied an abortion; about women forced to carry dead fetuses for the full term of pregnancy; of children forced to give birth because they are “too immature” to have an abortion.

The only good news in this tragic turn of events is that Republicans who support abortion extremists may face a backlash.

She writes:

It’s being called “Roevember,” a reckoning around women’s rights and fundamental liberties that hasn’t been witnessed since the shaggy-haired days of the ERA. As Jeremy Stahl noted just last week, recent polling seems to show that women are pretty affirmatively pissed off about Roe v. Wade being overturned, and it’s affecting a set of key Senate races, in addition to down-ballot contests around the country. Mark Joseph Stern and I wrote recently that there is virtually no other way to assess the beatdown Kansas voters recently unleashed upon an amendment that would have removed abortion rights from their state constitution than as a repudiation of the Supreme Court’s recent Dobbs intervention, and a promise that even in ruby red states, and even among ruby red voters, only a tiny minority of female voters would endorse forcing teen girls to carry pregnancies to term. After Dobbs came down at the end of June, Kansas reported a 1,038 percent increase in voter registrations that week alone, compared just with the week before.

Yes, even Republican women get abortions. Even conservative women get abortions. Having had the “right” to an abortion and control of their bodies for almost half a century, many women will find it hard to give up their reproductive rights.

Katherine Stewart is an expert on Christian Nationalism who has researched its history, attends their conferences, and writes about their determination to destroy our freedoms. Read her recent book “The Power Worshippers.”

Her latest article in The New York Times reports on their recent dramatic gains.

She writes:

The shape of the Christian nationalist movement in the post-Roe future is coming into view, and it should terrify anyone concerned for the future of constitutional democracy.

The Supreme Court’s decision to rescind the reproductive rights that American women have enjoyed over the past half-century will not lead America’s homegrown religious authoritarians to retire from the culture wars and enjoy a sweet moment of triumph. On the contrary, movement leaders are already preparing for a new and more brutal phase of their assault on individual rights and democratic self-governance. Breaking American democracy isn’t an unintended side effect of Christian nationalism. It is the point of the project.

A good place to gauge the spirit and intentions of the movement that brought us the radical majority on the Supreme Court is the annual Road to Majority Policy Conference. At this year’s event, which took place last month in Nashville, three clear trends were in evidence. First, the rhetoric of violence among movement leaders appeared to have increased significantly from the already alarming levels I had observed in previous years. Second, the theology of dominionism — that is, the belief that “right-thinking” Christians have a biblically derived mandate to take control of all aspects of government and society — is now explicitly embraced. And third, the movement’s key strategists were giddy about the legal arsenal that the Supreme Court had laid at their feet as they anticipated the overturning of Roe v. Wade.

They intend to use that arsenal — together with additional weaponry collected in cases like Carson v. Makin, which requires state funding of religious schools if private, secular schools are also being funded; and Kennedy v. Bremerton School District, which licenses religious proselytizing by public school officials — to prosecute a war on individual rights, not merely in so-called red state legislatures but throughout the nation.

Although metaphors of battle are common enough in political gatherings, this year’s rhetoric appeared more violent, more graphic and more tightly focused on fellow Americans, rather than on geopolitical foes.

“The greatest danger to America is not our enemies from the outside, as powerful as they may be,” said former President Donald Trump, who delivered the keynote address at the event. “The greatest danger to America is the destruction of our nation from the people from within. And you know the people I’m talking about.”

Speakers at the conference vied to outdo one another in their denigration of the people that Mr. Trump was evidently talking about. Democrats, they said, are “evil,” “tyrannical” and “the enemy within,” engaged in “a war against the truth.”

“The backlash is coming,” warned Senator Rick Scott of Florida. “Just mount up and ride to the sounds of the guns, and they are all over this country. It is time to take this country back.”

Citing the fight against Nazi Germany during the Battle of the Bulge, Lt. Gov. Mark Robinson of North Carolina said, “We find ourselves in a pitched battle to literally save this nation.” Referencing a passage from Ephesians that Christian nationalists often use to signal their militancy, he added, “I don’t know about you, but I got my pack on, I got my boots on, I got my helmet on, I’ve got on the whole armor.”

It is not a stretch to link this rise in verbal aggression to the disinformation campaign to indoctrinate the Christian nationalist base in the lie that the 2020 election was stolen, along with what we’re learning from the Jan. 6 hearings. The movement is preparing “patriots” for the continuation of the assault on democracy in 2022 and 2024.

The intensification of verbal warfare is connected to shifts in the Christian nationalist movement’s messaging and outreach, which were very much in evidence at the Nashville conference. Seven Mountains Dominionism — the belief that “biblical” Christians should seek to dominate the seven key “mountains” or “molders” of American society, including the government — was once considered a fringe doctrine, even among representatives of the religious right. At last year’s Road to Majority conference, however, there was a breakout session devoted to the topic. This year, there were two sessions, and the once arcane language of the Seven Mountains creed was on multiple speakers’ lips.

The hunger for dominion that appears to motivate the leadership of the movement is the essential context for making sense of its strategy and intentions in the post-Roe world. The end of abortion rights is the beginning of a new and much more personal attack on individual rights.

And indeed it is personal. Much of the rhetoric on the right invokes visions of vigilante justice. This is about “good guys with guns” — or neighbors with good eavesdropping skills — heroically taking on the pernicious behavior of their fellow citizens. Among the principal battlefields will be the fallopian tubes and uteruses of women.

At a breakout session called “Life Is on the Line: What Does the Future of the Pro-Life Movement Look Like From Here?” Chelsey Youman, the Texas state director and national legislative adviser to Human Coalition Action, a Texas-based anti-abortion organization with a national strategic focus, described the connection between vigilantes and abortion rights.

Instead of the state regulating abortion providers, she explained, “You and me as citizens of Texas or this country or wherever we can pass this bill, can instead sue the abortion provider.” Mrs. Youman, as it happens, played a role in promoting the Texas law Senate Bill 8, which passed in May 2021 and allows private citizens to sue abortion providers and anyone who “aids or abets” an abortion. She was exultant over the likely passage of similar laws across the nation. “We have legislation ready to roll out for every single state you live in to protect life regardless of the Supreme Court, regardless of your circuit court.” To be sure, Christian nationalists are also pushing for a federal ban. But the struggle for the present will center on state-level enforcement mechanisms.

Movement leaders have also made it clear that the target of their ongoing offensive is not just in-state abortion providers, but what they call “abortion trafficking” — that is, women crossing state lines to access legal abortions, along with people who provide those women with services or support, like cars and taxis. Mrs. Youman hailed the development of a new “long-arm jurisdiction” bill that offers a mechanism for targeting out-of-state abortion providers. “It creates a wrongful death cause of action,” she said, “so we’re excited about that.”

The National Right to Life Committee’s model legislation for the post-Roe era includes broad criminal enforcement as well as civil enforcement mechanisms. “The model law also reaches well beyond the actual performance of an illegal abortion,” according to text on the organization’s website. It also includes “aiding or abetting an illegal abortion,” targeting people who provide “instructions over the telephone, the internet, or any other medium of communication.”

Mrs. Youman further made clear that Christian nationalists will target the pills used for medication abortions. “Our next big bill is going to make the Heartbeat Act look tame, you guys; they’re going to freak out!” she said. “It’s designed specifically to siphon off these illegal pills.”

Americans who stand outside the movement have consistently underestimated its radicalism. But this movement has been explicitly antidemocratic and anti-American for a long time.

It is also a mistake to imagine that Christian nationalism is a social movement arising from the grassroots and aiming to satisfy the real needs of its base. It isn’t. This is a leader-driven movement. The leaders set the agenda, and their main goals are power and access to public money. They aren’t serving the interests of their base; they are exploiting their base as a means of exploiting the rest of us.

Christian nationalism isn’t a route to the future. Its purpose is to hollow out democracy until nothing is left but a thin cover for rule by a supposedly right-thinking elite, bubble-wrapped in sanctimony and insulated from any real democratic check on its power.

Mercedes Schneider writes in this post about two ministers whom she heard on the radio. One spoke mockingly about separation of church and state. The other spoke about the importance of overcoming division. Mercedes transcribed their speeches. In this post, she focuses on the calming words of the second minister. And she helpfully reminds us of the Ninth Amendment to the U.S. Constitution.

The Ninth Amendment undercuts the cramped views of the Supreme Court’s reactionary majority, which has claimed that the rights not listed (“enumerated”) in the Constitution do not exist.

The Ninth Amendment says:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Schneider begins:

I did a double-take on the idea that there is an organized push to enable states to formally declare Christianity as an official state religion. That’s what this is: A far-right attempt to pee on the telephone pole of America, thereby marking it “for Christians only” and further exacerbating division in our country In the Name of Jesus.

I write this as a Christian: Such efforts stoke self-righteous egos and sow dangerous discord.

So, as I was flipping channels on my TV on July 03, 2022, hearing a Southern Baptist pastor mockingly use the phrase “separation of church and state” caught my attention. Sure enough, the point of his sermon was to promote a return to Christianity as the established religion on the state-level.

I recorded his sermon and transcribed it in order to write about it on this blog in a future post (not this one). It is a harsh, hard, self-centered promotion that I have some more work on editing and proofing prior to posting.

The point of this post is to present the words of another pastor, one I heard as I was recovering from the awfulness of transcribing the harsh, self-absorbed guy. This second pastor, Andy Stanley, who founded North Point Ministries in Atlanta, has a refreshingly different message, which he happened to deliver on the same day (July 03, 2022), and which shows that not all Christian pastors with major platforms are buying into the terrible divisiveness of some state-by-state, Christain Nationalism.

Keep reading. You will find this post of great interest.

The respected organization Human Rights Watch issued a damning report about the widespread violation of children’s rights when they were required to use online instruction. Without their knowledge or their parents’ consent, children in many countries were subject to surveillance by online tracking devices embedded in their online programs.

Governments of 49 of the world’s most populous countries harmed children’s rights by endorsing online learning products during Covid-19 school closures without adequately protecting children’s privacy, Human Rights Watch said in a report released today. The report was released simultaneously with publications by media organizations around the world that had early access to the Human Rights Watch findings and engaged in an independent collaborative investigation.

“‘How Dare They Peep into My Private Life?’: Children’s Rights Violations by Governments that Endorsed Online Learning during the Covid-19 Pandemic,” is grounded in technical and policy analysis conducted by Human Rights Watch on 164 education technology (EdTech) products endorsed by 49 countries. It includes an examination of 290 companies found to have collected, processed, or received children’s data since March 2021, and calls on governments to adopt modern child data protection laws to protect children online.

We think our kids are safe in school online. But many of them are being surveilled, and parents have often been kept in the dark. Kids are priceless, not products….

Of the 164 EdTech products reviewed, 146 (89 percent) appeared to engage in data practices that risked or infringed on children’s rights. These products monitored or had the capacity to monitor children, in most cases secretly and without the consent of children or their parents, in many cases harvesting personal data such as who they are, where they are, what they do in the classroom, who their family and friends are, and what kind of device their families could afford for them to use.

Most online learning platforms examined installed tracking technologies that trailed children outside of their virtual classrooms and across the internet, over time. Some invisibly tagged and fingerprinted children in ways that were impossible to avoid or erase – even if children, their parents, and teachers had been aware and had the desire to do so – without destroying the device.