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The Disappearing of Generation X

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Ted Rall

Generation X — Americans born between 1961 and 1974 — have been “disappeared“ from the media like a fallen-out-of-favor Soviet apparatchik airbrushed out of a picture from atop Lenin’s tomb.

Gen X was an important facet of the start of my career. I used to write and draw a lot about Gen X. I authored a seminal Gen X manifesto, Revenge of the Latchkey Kids (1996). For a while there, it seemed like we were going to take our rightful place as the third-biggest generational cohort—not the biggest by any means but at least…extant.

Now the Internet is talking about a CBS News infographic in which zero Americans were apparently born between Boomers and the Millennials. CBS listed four generations:

“The Silent Generation: Born 1928-1945 (73-90 years old)”

“Baby Boomers: Born 1946-1964 (54-72 years old)”

“Millennials: Born 1981-1996 (23-37 years old)”

“Post-Millennials: Born 1997-present (0-21 years old)”

(The so-called “cusp kids” born between 1961 and 1964 are demographically Boomers because of high birth years but culturally Gen X because they share cultural touchstones with younger Americans.)

That’s right, Gen Xers: to CBS News, you’re less real and alive and important than someone who is zero years old. So much for Gen X culture—“Reality Bites,” “Slacker,” “Singles,” “Clerks,” anything by Quentin Tarantino or Richard Linklater, pretty much all indie rock ever, alternative cartooning, oh and the Douglas Coupland book called, um, “Generation X.” To CBS, that stuff matters less than the pee and poo and puke and drool emanating from a zero year old.

The disappearing of Gen X is a genuine widespread trend. A New York Times op-ed by David Leonhardt discusses “the fleecing of the Millennials” by Boomers and attributes not only declining living standards but also the “burnout“ slur as being brand new to Millennials while in fact both of these characterized Gen X first, decades earlier.

When you read it, it’s downright bizarre that the phrase “Generation X” never appears anywhere. Online commenters were baffled.

These days all the conversation in the media is about the supposed stylistic differences and economic clashes between the Baby Boom and Millennial generations. Generation X is ignored; we don’t even get caught in the crossfire. In a recent SNL skit called “Millennial Millions,“ Millennials are offered prizes like free healthcare if they manage to shut up for 30 seconds while a Boomer talks trash about them. The game show host says, “I’m Gen X. I just sit on the sidelines and watch the world burn.” I’m Gen X so I laughed.

Being deemed irrelevant is bad enough. What will it do to our already close-to-nonexistent self esteem to realize that everyone else in the country doesn’t even know we’re alive?

A Philadelphia Magazine article—that came out last year, for God’s sake—feels like the last nail in our once-notable demographic coffin. “Whatever Happened to Generation X?” asks the headline. What happened, apparently, is that we got relegated to “whatever-happened-to” pieces in friggin’ Philadelphia magazine. (It’s actually a good piece, and you should read it, but you won’t because Gen Xers don’t read about themselves and Millennials and Boomers only care about themselves.)

Forbes explains, I think credibly, that Gen X is far more influential than anyone thinks, though this particular line is unintentionally hilarious: “What they lack in numbers — just 66 million to boomers’ 75 million — they make up with a stellar engine that has quietly been revving over the years.”

“Stellar engine”? That’s the name of my new 1980s retro-synth band. We’re influenced by Soft Cell. Also, “just”? 66 million is “just”? Even compared to 75 million?
Anyway, Anna Sofia Martin writes, “a whopping 55% of startup founders are part of Gen X.” So much for slacking. Anyway, who can afford it? We Gen Xers, not Millennials, were the first generation to get crushed by student loan debt. Even so, we have “31% of U.S. income, but just 25% of the population.” So latchkey kids really are having a sort of revenge.

“Masters of self-deprecation,” Martin calls us. She’s right. So, when Millennials and Baby Boomers insist us on pretending that 66 million people simply don’t exist we’re, like…

what-ever.

(Ted Rall, the cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Why We Lost the Afghan War (Again)

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Ted Rall

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December 11, 2001: Three months after 9/11, two months after George W. Bush ordered bombs to begin raining on Kabul, the day The Village Voice published one of my war reports from the front in Afghanistan.

“We’ve lost this war,” I wrote. To drive my point home, the headline was: “How We Lost Afghanistan.”

I continued: “So how much will it cost?”

Seventeen years later, the end of America’s longest war—since history suggests Afghans will keep killing each other long after our departure, it would be more precise to say the end of America’s involvement in Afghanistan—appears to be drawing near. Peace talks between the Trump Administration and the Taliban in Qatar have culminated with an “agreement on principle” whose main U.S. demand is easy for the Taliban to grant. Afghanistan, the Taliban must assure the U.S. and the Afghan puppet regime in Kabul, cannot again become a “platform for international terrorist groups or individuals.” Even according to estimates by the Obama-era CIA, Al Qaeda’s presence in Afghanistan was more of a coincidence than a fearsome terrorist organization: “about 50 to 100 Qaeda operatives.”

They could have fit on one bus. For this we fought a war?

Now we know the pricetag of the invasion and long occupation: 2,400-ish U.S. troops killed, 4,000-ish U.S. “civilian contractors” killed, 59,000-ish Afghan soldiers and police killed, 38,000-ish Afghan civilians killed, 42,000 “enemy” Afghan soldiers killed, 50-ish journalists killed, 400-ish NGO workers killed, 20,000-ish U.S. troops wounded. No one counts the other non-fatal casualties. Obviously the non-U.S. death counts are way lowball.

U.S. taxpayers spent $5 trillion—enough to wipe out all outstanding student loans three times over—on bombing and pillaging and torturing Afghans. Wind-down costs, interest on the national debt, etc. will cost more still. Caring for wounded veterans adds another $8 trillion going forward. For that total of $13 trillion you could pay off every debt owed by every American citizen: home mortgages, car loans, credit cards, student loans, everything.

No one estimates the total cost of the buildings and other Afghan infrastructure destroyed by the war.

Of course no one can begin to calculate America’s loss of moral standing in the world. You don’t get to invade the world’s poorest nation, kidnap the locals and torture them in gruesome concentration and death camps, coddle local perverts and child rapists and come out looking half-decent.

Special Forces captain Dan Quinn beat a U.S.-backed Northern Alliance commander he found sexually abusing an Afghan boy chained to his bed on a U.S. military base. “The reason we were here is because we heard the terrible things the Taliban were doing to people, how they were taking away human rights,” Quinn said. “But we were putting people into power [the Northern Alliance] who would do things that were worse than the Taliban did—that was something village elders voiced to me.” Quinn was drummed out of the military.

As I mentioned at the top of this essay, the war was lost before it really began, in 2001.

Anyone who paid attention knew losing was inevitable.

Not many Americans paid attention. 89% of American voters polled in December 2001 approved of the invasion of Afghanistan. Now, 70% disapprove.

So why did we lose?

It’s too facile to say: graveyard of empires. Afghans really did welcome us as liberators in 2001. We had a better shot at success than the Brits and the Russians.

The short answer is: we did both too little and too much.

Too much cash spent, too little reconstruction.

“It would take billions of dollars to even begin rebuilding this country,” an American officer told me for my 2001 Voice piece. “Billions of dollars and many, many years. We don’t have that kind of attention span. Bombing Iraq will be a lot sexier than teaching Afghans how to read.” Afghanistan didn’t have phones, electricity, paved roads, bridges or public records. Streets didn’t have names, houses had no numbers—which was fine since there was no mail. There was no central bank or monetary system. People didn’t know their own last names.

Billions were spent, some of it on rebuilding public infrastructure. “A year ago it took about two days to drive between Kabul and the southern city of Kandahar. Today it takes about five hours on a smoothly tarmacked road paid for by millions of US taxpayers’ dollars,” the BBC reported in 2004.

Problem was, reconstruction money didn’t go to ordinary Afghans or even their towns. The U.S. installed a puppet president, Hamid Karzai, whose corrupt family looted millions, possibly billions, of dollars in cash. The drug trade, suppressed by the Taliban government before the U.S. invasion, exploded. “Private money, a substantial portion of it thought to be from the illegal drugs trade, is also funding a spurt of new building in the cities, but many say they have seen little change, especially in rural areas where most Afghans live, where villages without even basics like running water, power or schools remain the norm,” reported the BBC. By 2010 half of Afghans told pollsters they hadn’t seen any reconstruction whatsoever paid for by foreign aid. It’s just as bad now.

If an Afghan wanted to fix his house after it was damaged by a U.S. drone attack, that was on him.

Too little self-determination.

“The Afghan people have lost faith in the democratic political process, and regardless of the Taliban’s intimidation they have already boycotted the ongoing voter registration throughout the country,” Asia Times reported in 2018. What “democratic” process? Fraud was widespread in presidential and parliamentary elections. “Everyone was cheating in my polling station. Only 10% voted, but they registered 100% turnout. One man brought five books of ballots, each containing 100 votes, and stuffed them in the boxes after the elections were over,” an Afghan voting official said in 2009.

The message that elections can be fixed came straight from the self-declared crusaders of electoral democracy. In November 2001 while the initial invasion was still underway the U.S. staged a farcical political conference in Bonn, Germany where the Bush Administration attempted to foist the exiled king Zahir Shah, an 87-year-old exiled in Italy since the early 1970s, on the Afghans as a weak English-style constitutional monarch. Ironically, the Afghans present liked the idea—then the Americans pushed him out of the way to make room for Karzai.

The message was clear: American-style democracy is BS.

P.S. Afghanistan, it turns out, has vast mineral wealth worth more than $1 trillion. China has locked up the rights to exploit those reserves.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

You No Longer Have the Right to a Jury Trial

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Ted Rall

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I was wronged. All I wanted was a trial by jury, a right enshrined in Anglo-Saxon legal tradition in the Magna Carta 803 years ago.

Is this still America? No. America is dead.

Not only have I been denied that fundamental right, I have been punished for having had the temerity to seek redress in the courts.

Justice is when wrongdoers are punished and victims are compensated. Instead, the California court system has provided Anti-Justice. The wrongdoers are getting off scot-free. I, the victim, am not merely being ignored or brushed off. I am being actively punished.

The ruling in Ted Rall v. Los Angeles Times et al. came down last week. The California Court of Appeal ruled in favor of the Times’ “anti-SLAPP” motion against me. Anti-SLAPP law supporters, including the Times, say they’re supposed to be used by poor individuals to defend their First Amendment rights against big companies. But that’s BS. The Times—owned by the $500 million Tronc corporation when I filed suit, now owned by $7 billion biotechnology entrepreneur Dr. Patrick Soon-Shiong—abused anti-SLAPP to destroy me.

My case was simple. I drew cartoons mocking the LAPD and then-Chief Charlie Beck for the Times, criticizing them for abusing people of color and the poor. A new publisher, Beck’s pal, took over. Beck asked publisher Austin Beutner to fire me and to smear me so I couldn’t work anymore. So the Times ran two pieces announcing that I’d been fired, not for offending Beck—violating their own Ethical Guidelines, they kept his identity secret—but for supposedly lying in a blog post discussing a jaywalking arrest in 2001. I hadn’t lied. I told the truth. And I proved it.
“One hell of a defamation case,” a lawyer told me. Another, a top expert on libel, said: “If you don’t win your case, defamation law in California is dead.”

But as the Times’ lawyer kept saying in court, “the quote/unquote truth doesn’t matter.” She was right. What mattered were power, money and influence.

The ruling means my case will probably never go to trial. The court has already ordered me to pay $330,000 to the Times for their legal fees because hey, a guy with $7 billion obviously needs and deserves to get cash from a cartoonist the Times used to pay $300 a week. That sum will definitely be higher—perhaps double—by the time the Times files the rest of its padded legal fees.

I will never get discovery, which means neither I nor the readers of the Times will ever learn the details about how then-publisher Austin Beutner (now superintendent of LA schools, where teachers are on strike because Beutner doesn’t want to give them a proper raise) arranged for the LAPD pension fund to become #1 shareholder of the Times’ parent company. Neither I nor the readers of the Times will ever know just how deep the corruption between the LA Times and the LAPD went, or to what extent the Times agreed to provide police-friendly coverage.

For me personally the ruling necessarily means bankruptcy and/or being forced to leave the United States so I can continue to earn a living. This used to be the kind of thing that happened to journalists in other countries, not the U.S. Unfortunately, I couldn’t even get the ACLU behind me—because they don’t want to be seen as opposing the anti-SLAPP law.

I’m much luckier than Jamal Khashoggi—though the scorched-earth litigation tactics and lies deployed by National Enquirer/LA Times attorney Kelli Sager makes me pretty sure they would do the same thing to me if they could get away with it.

But the court’s real message isn’t directed toward me. What the court did in brazen deference to the LAPD and the LA Times and in direct opposition of the law was to send a message to journalists in California: do not mess with the cops and do not mess with a newspaper owned by the cops.

If you do your jobs, we will crush you.

At a time when reporters who still get to work are grateful to merely see their salaries slashed rather than join the ranks of the unemployed, you’d have to be a total goddamned idiot to criticize law enforcement.

There is one last slim reed of hope: the California Supreme Court. I am petitioning the high court to reverse the Court of Appeal’s anti-SLAPP ruling. But the odds are long. They hear fewer than five percent of appeals.

During his confirmation hearing Supreme Court justice Brett Kavanaugh said that as a judge he wanted even the losing side to come out of the process feeling that his side had been heard and carefully considered.

I feel the opposite.

Since the start of my case it has been painfully obvious that the fix was in. As the plaintiff and as the victim of deliberate and repeated libel on behalf of one of the most corrupt police agencies in the country, I was the aggrieved party. Yet the courts treated me just like the Times did when they canned me: I was guilty until proven innocent and guilty even after having been proven innocent.

Pretzel logic has been a constant since 2015, when Beutner’s Times ran a piece about me which read that “a man and a woman can be heard speaking in the background at one point, but only a few of their words are intelligible…[they] appear to be having a conversation unrelated to the jaywalking stop.” Hey morons: if you can’t hear what they’re saying, how can you hear what they’re not saying?

The court’s ruling was no more intelligent.

The anti-SLAPP law requires judges to consider a theoretical construct at the anti-SLAPP stage of a case. Without judging the evidence, assume that the plaintiff’s case is 100% as presented, 100% accurate, all his evidence 100% true. Then assume that nothing the defense says is true. Would there be a smidge of a case there? If yes, the case moves forward.

As in many other anti-SLAPP cases, the judges didn’t even pretend to do that.

When my attorney Jeffrey Lewis mentioned that basic aspect of anti-SLAPP during oral arguments (listen here), the judges reacted as though they’d never heard such a thing before! Times lawyer Sager knew Lewis was correct which is why she didn’t touch the issue in her rebuttal. Yet the ruling in favor of the defendants didn’t mention, much less rebut the evidence rule. To the contrary: the justices ignored my arguments and evidence, assuming everything I said to be false. And they took everything the Times said, not at face value—because anyone reading the pieces could tell they were false—but beyond, crediting their goodwill beyond even what the Times alleged in its defense (for example, saying that the Times sent my enhanced audio for professional analysis, something the Times never claimed).

A couple decades ago I wrote that the court system was the last functional branch of government, the final resting place of the proposition that injustice could be addressed even when the villain was powerful. Perhaps I was right then. It certainly isn’t true now.

Any American who trusts the court system is a fool.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Our Pointless, Vicious, Very American Culture of Shame

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Ted Rall

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Puritanism’s obsession with guilt and shame, Nathaniel Hawthorne believed, was America’s original sin. We haven’t made much progress since “The Scarlet Letter.”

Do the crime do the time, goes the cliché. In the United States, when the time ends the shaming begins.

It starts when you look for a job. At least 65 million Americans have a felony or misdemeanor criminal record that makes them ineligible to work for the more than 90% of companies who run background checks to weed out applicants with a record. As for the few ex-cons who slip through this electronic dragnet, they are required by shaming laws to tell prospective employers about their checkered past. (Some states have slightly liberalized the requirement with laws like New York’s “Ban the Box” law, which requires disclosure only at the job offer stage.)

The only social benefit to convict-shaming is the shaming itself. “The irony is that employers’ attempts to safeguard the workplace are not only barring many people who pose little to no risk, but they also are compromising public safety. As studies have shown, providing individuals the opportunity for stable employment actually lowers crime recidivism rates and thus increases public safety,” notes a 2011 report by the National Employment Law Project. But capitalism is dog-eat-dog. Each company looks out for itself, society be damned.

I dug into the issue of convict-shaming after an op-ed I wrote for the Wall Street Journal calling for automatic expungement of records of people previously convicted of buying recreational marijuana in amounts that would now be legal prompted a discussion online. Some readers agreed with me that it’s absurd to keep punishing people for acts that are now legal. Others felt that if it was a crime at the time a criminal is still a criminal.

In most countries most employers do not conduct criminal background checks and there is no legal or ethical expectation that ex-cons reveal that they have committed a crime.

A person is convicted, sentenced to prison time and/or to pay a fine, serves the term and coughs up the money. Isn’t there a logical contradiction between release—which assumes an inmate no longer presents a danger to society—and public shaming? I am thinking of one of the most extreme examples of convict-shaming, Megan’s Law. Based on the false assumption that sex offenders have a high rate of recidivism, these statutes require that released inmates register in a database and notify local police and their neighbors of their address.

“What we’ve done,” Radley Balko wrote in The Washington Post in 2017, “is allowed sex offenders to be ‘released’ from prison, but then made it impossible for them to live anything resembling normal lives.” Websites linked to Google Maps allow anyone to check if their neighbor is a convicted sex offender. In some jurisdictions sex offenders are not allowed to reside within a set distance of a school or public park. In 2017 President Obama signed an “international Megan’s Law” that requires sex offenders against children to have the sentence “The bearer was convicted of a sex offense against a minor” stamped into their U.S. passports. So much for business travel.

Why such laws are popular is obvious. If a child molester lives down the block, parents want to know.

But vigilantes have used public Megan’s Law registries to locate and murder released sex offenders. In some communities the school and park restrictions are so draconian that there are so few legal places for released sex offenders to live that they’re forced to become homeless in order to comply with the law. All that harassment serves no real purpose except—you guessed it—serving the desire for cheap vengeance. “The [Megan’s Law] registry really didn’t protect kids at all” because “most child sexual abuse takes place in the home” and most of the victims of sex offenders listed in Megan’s Law databases are adults, says criminologist Emily Horowitz, author of Protecting Our Kids?: How Sex Offender Laws Are Failing Us.

To look at it another way: if sex offenders are dangerous, shouldn’t we keep them locked up rather than rely on mere shaming? Megan’s Law can’t stop a child molester from raping a child.

David Brooks of The New York Times has the latest MSM take on what he calls the “Call-Out Culture,” in which self-appointed guardians of identity politics (critics call them “social justice warriors”) swarm those accused of political incorrectness on social media feeds in order to shame, ostracize and demoralize them. “I don’t care if she’s dead, alive, whatever,” a man who went after a young women (ironically in retaliation for cyberbullying) told NPR.

Chinese Internet users have elevated doxxing and social media shaming to a high art called the “human flesh search engine” that costs victims their friends, family associations, jobs and sometimes their lives. But China is an outlier. While the phenomenon exists everywhere anecdotal evidence suggests that online “call-out culture” is neither as sophisticated or widespread in most nations as it is here in the United States.

It’s impossible to discuss shame culture without talking about the #MeToo movement. Criminal prosecution of accused sexual predators like Bill Cosby, Harvey Weinstein and Kevin Spacey are exceptions. For the most part #MeToo is a shame-based movement. Sometimes, as in the case of comedian Aziz Ansari’s bad date, shame seems excessive and misplaced. In many cases, the targets seem to have had something coming—since it’s not jail we settle for job loss—and it’s unlikely they would have faced consequences otherwise. Then there are those who-the-hell-knows cases like Louis C.K. where the behavior was weird and pervy and consent is a nebulous issue (he asked, the women involved “laughed it off”).

#MeToo has a mixed record. I can’t help wonder if, for all the shattered careers and former celebrities who now take their meals at home rather than eating out at a fancy restaurant, the victims feel cheated. On the one hand, something finally happened to their tormentors. On the other, shame fades. Trauma is often forever.

Evildoers deserve real punishment. After punishment has been doled out shame is both a poor substitute and counterproductive overkill. But it’s what we’ve got.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Here is the Progressive Agenda

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Ted Rall

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Clintonite corporatists still control the Democratic National Committee despite their long string of failure at the polls. But the overwhelming majority of Democratic Party voters—72%—are self-identified progressives.

44% of House primary candidates in 2018 self-IDed as progressive. If you’re after the Democratic nomination for president you have to be—or pretend to be—progressive. Even Hillary Clinton claimed to be “a progressive who gets things done.”

All the top likely contenders for 2020 claim to be progressive—but they would prefer that voters ignore their voting records and unsavory donors. “Kirsten Gillibrand, Cory Booker, and Kamala Harris have spent the past two years racing to the leftmost edge of respectable opinion,” reports New York magazine. “In recent weeks, they have also all reached out to Wall Street executives, in hopes of securing some funding for their prospective presidential campaign.” It does no good for your heart to be in the right place if your ass is owned by bankers.

“You don’t just get to say that you’re progressive,” Representative Pramila Jayapal, co-chair of the Congressional Progressive Caucus, told progressive donors recently.

Jayapal, a Washington Democrat, called the 2020 election a chance to “leverage our power.” She says it’s critical “that we have some very clear guidelines about what it means to be progressive.”

Here are those guidelines.

You can’t be a progressive unless you favor a big hike in the minimum wage. Elizabeth Warren, the first pretty-much-declared candidate for 2020, wants $15 an hour. But she told a 2013 Senate hearing that it would be $22 if it had kept up with increases in worker productivity. The official inflation rate makes that $24 today. And according to the real inflation rate (the official number as it was calculated before the Labor Department downgraded the calculation in 1980 and 1990) at ShadowStats.com, $22 in 2013 comes to at least $35 today.

If the minimum wage had kept up with inflation since 1968 using the same methodology used to track inflation at the time, it would be closer to $80 per hour.

What should be the progressive demand for the minimum wage? Nothing less than $25 per hour.

(For the record, I see no reason why the minimum wage should be lower than the maximum wage. But we’re talking about progressivism here, not socialism or communism.)

Thanks to Bernie Sanders’ 2016 campaign “free college became a litmus test for liberals,” notes The Atlantic. But a 2017 bill cosponsored by Sanders and Warren defines “college for all” rather narrowly. It only addresses public colleges and universities. It would “make college tuition free for families earning $125,000 a year or less and allow current student loan borrowers to refinance their debt at lower interest rates.”

A quarter of American college students attend private schools. Considering that the average cost is $35,000 a year and some run as high as $60,000, even families earning more than $125,000 need help too.

The progressive stance on college should be three-pronged. First, the obscene $1.5 trillion student loan business should be abolished. Student loans should be replaced by grants but if loans exist at all they should be a zero-profit government program. Second, all outstanding loans should be forgiven or have their interest rates dropped to a zero-profit basis. Third, the government should rein in out-of-control public and private college tuition and fees—which have gone up eight times faster than wages—by tying them to the official federal cost of living index.

Progressives agree that Obamacare didn’t go far enough. With 70% of voters in favor, even centrist Democrats like Kamala Harris have climbed aboard Bernie Sanders’ call for “Medicare for all” bandwagon. Warren, Gillibrand and Booker now say they want single-payer public healthcare. Being progressive, however, means demanding more than what mainstream politicians deem practical—it’s about pushing hard for more ways to improve people’s lives.

In 2020 progressives should be calling for nothing less than universal healthcare. If it’s good enough for the rest of the developed world and many developing countries like Botswana and Bhutan, why not us?

I cosigned a letter to Sanders calling on the Vermont senator to use his platform as the country’s most prominent and popular progressive to talk more about foreign policy and to openly oppose militarism. Now it’s time to get specific.

Progressives should demand that U.S. troops come home from any country that did not attack the United States—i.e., all of them. They should put an end to the disgusting drone wars. The bloated nearly-$1 trillion Pentagon budget should be shredded; let’s see what they can do with $100 billion (which would still be far more than Russia’s defense spending).

From banks that charge usurious credit card interest rates to employers who fire full-time employees and hire them back as “independent contractors,” there are plenty of other targets for progressives to go after.

Progressives: you are no longer the ugly stepdaughter of the Democratic Party. You own the joint.
Now’s the time to demand what’s yours, what you want and what’s right.

(Ted Rall, the cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Here’s the Audio of the recent Oral Arguments in Ted Rall v. Los Angeles Times

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Ted Rall

Listen for yourself to the oral arguments in the most recent Ted Rall v. Los Angeles Times anti-SLAPP hearing. I’m defending myself against Dr. Pat Soon-Shiong and the LA Times’ defamation as a favor to the LAPD.

Death to the D.I.Y. Society

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Ted Rall

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I admit it: my bias derived from self-interest. I was a bag boy. But that didn’t make me wrong when I reacted to the news that supermarkets would make customers bag their own groceries. This, I told my friends at the time, is the first brick in a road to perdition.

Since the 1970s corporate efficiency experts have burdened American consumers with a constantly expanding galaxy of tasks that businesses used to perform for them. Craig Lambert calls it “shadow work”—labor imposed on you that you’re not conscious of.

The Do It Yourself (because companies won’t hire workers to do it anymore) movement faced little resistance in a culture that elevates personal responsibility and rugged individualism. Which is how, in less than half a century, we have become accustomed to pumping our own gas and planning our own vacations and scanning our own groceries and running our own cable TV diagnostic tests, forgetting how much easier life was with service station attendants and travel agents and cashiers and technicians who came to your actual house. Not only do we work harder, we earn less due to the disappearance of service personnel jobs from the    labor market.

Corporate profits uber alles.

I recently visited a Burger King with touchscreen kiosks where you’re supposed to order your food because God forbid BK should fork out $10 an hour to a human being so you can simply tell him you’d like a #2 combo, size medium, drink is a Coke please. Come the Revolution may the scoundrel who thought of this be deported to an exceptionally unpleasant re-education camp.

Now that they have us doing everything ourselves, companies are making us provide our equipment as well.

On United Airlines from Los Angeles to New York recently, the plane was new—and the infrastructure was retro. In place of the seatback TVs that have long been standard on long-haul flights were plastic clips where you’re supposed to place your tablet or smartphone. You can imagine the discussion at United corporate:

“We’ve already conned the idiots into checking themselves in on their phones. Seat-back televisions cost as much as $10,000 per seat to install and maintain. Passengers have their own devices. Let them watch movies on their own tech!”

Liberal soon-to-be-fired executive: “What about old people who aren’t tech-savvy? Poor people without devices?”

“Screw ‘em. Plus they have to download our app and register to watch movies, so we collect more data!”

Liberal: “Some people might say we’re being mighty cheap for a company that makes $3.2 billion in profits a year.”

“And now it’ll be more billions!”

I have a smartphone. And a tablet. And a laptop. But as long as aviation remains a for-profit business sector (one with atrocious customer service), I don’t see why I should subsidize a CEO’s outrageous paycheck with wear and tear on my personal hardware.           It’s only a matter of time before we’ll have to fly the planes ourselves too.

Feeling stressed out? Overworked with a million little annoying things to do? It’s not your imagination. The D.I.Y. society has you performing jobs that older generations had done for them by someone paid to do it—and was better at it, too. Every upward tick of the Dow Jones Industrial Average is fed by the rising stress and anxiety caused by corporations schluffing their work onto us.

I would like to think that the market will self-correct by inspiring a new generation of entrepreneurs to build businesses predicated on old-fashioned standards of service. But there’s no sign of that—not for ordinary people. Only the wealthy command bespoke attention, and only from luxury brands.

It is hard for most Americans to grasp how unpleasant the DIY society has made our lives because few of them travel overseas. If they did, especially to the developing world, they would find overstaffed restaurants and stores. Because labor is cheap in those countries, there is always someone available to wait on you. They can’t afford automation so the human touch dominates. Travel agents, for example—if you’re too young to remember the pleasures of having a professional work out a complicated multi-city itinerary and score you a great hotel deal via a personal relationship, you should try it when you go to the developing world. It’s a wonderful vibe and I miss it terribly stateside.

Our only hope is individual resistance.

It’s already begun. Many shoppers refuse to bag their groceries. Others are boycotting self-scanning checkout lines to save the jobs of flesh-and-blood cashiers. “They’re trying to basically herd everyone in, get everyone used to the self-checkouts to continuously cut down on staff,” a Canadian named Dan Morris explained to the CBC. “Machines don’t pay taxes, they don’t pay into the pension plan.” Only 11% of Canadians use self-checkouts.

On that United flight fewer than a third of passengers watched a movie. Who wants to clutter their device with an app for every airline they fly? I will avoid carriers like United and American that eliminate seatback TVs, favor those like Delta that are not, and so should you.

Any time a company gives you a choice between human and machine, like at BK, choose the person. Pick full-serve over self-serve. Patronize businesses that keep people on the payroll and avoid automated BS.

The DIY society will probably win. But we shouldn’t go out without a fight.

(Ted Rall, the cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

This Is What Happens When a Court Decides Whether You Get Justice or Get Destroyed

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Ted Rall

Image result for california court of appeals

More care goes into the making of a sandwich.

That’s what I was thinking last Thursday as I watched oral arguments in the California Court of Appeals in Los Angeles.

Case after case came before a three-judge panel. They concerned a variety of matters. Hundreds of thousands of dollars, perhaps millions, were at stake. More importantly, so were hard-built professional careers and reputations. With so much that mattered hanging in the balance, you’d hope to see these cases handled with sensitivity, decorum and thoughtfulness—and you’d be sorely disappointed.

There was a real estate deal gone wrong that I would have needed to read up on in order to understand. A physician was resisting a subpoena for his patients’ records filed by the state medical board, which suspected him of overprescribing opioids. And there was me, former editorial cartoonist for The Los Angeles Times, defending myself from an “anti-SLAPP” motion that, if successful, would end my lawsuit before it began and bankrupt me with a court order for me—the victim—to pay the Times hundreds of thousands of dollars for their legal fees.

It ought to be illegal for a police department to own a newspaper. But it’s not. In 2015 the LAPD pension fund was a major shareholder of Tribune Publishing, owner of the Times. Annoyed at my cartoons about him, then-LAPD Chief Charlie Beck asked the Times then-publisher Austin Beutner, now LA schools superintendent, to fire me as a political favor. He did. Beck also wanted my reputation destroyed so I could never work again, in order to send a message to journalists: don’t mess with the LAPD. Beutner, Beck’s political ally and a man with ambitions to become mayor or governor, complied by ordering that the paper publish two libelous articles about me portraying me as a liar.

The second one was published after I proved I had told the truth.

I sued for defamation and wrongful termination in 2016.

Since then Times attorney Kelli Sager, who also represents the National Enquirer in its smear of gay icon Richard Simmons, has waged a scorched-earth litigation campaign designed to intimidate, harass and delay my quest to clear my name. Sager filed the anti-SLAPP, a law designed to be used by individuals to defend themselves against powerful corporate entities, against me. She convinced the court to force me to pay $75,000 just to be able to continue my case for something called a “Section 1030”—a law whose intent is to discriminate against out-of-state plaintiffs (I live in New York.) Last week, during oral arguments in open court, she compared me to a “pedophile.”

Last summer the lower court in L.A. ruled against me on the anti-SLAPP, saying that even though I showed that I was truthful and the Times was not, I must pay $330,000 (as of then) in legal fees to the Times. I appealed, which is why I was in court last Thursday.

We knew it was going to be tough. Shortly beforehand the court issued a “tentative opinion” that indicated the Court of Appeals planned to buy Sager’s arguments lock, stock and barrel. Those arguments were lengthy and complicated but they could be summarized as: the First Amendment allows newspapers to publish anything they want, the truth doesn’t much matter and if you slap a veneer of officialdom on libel—in this case, the Times claimed, it was merely reporting on what the LAPD said about me—it becomes “privileged,” i.e. inactionable.

My attorney Jeff Lewis emphasized several points.

First, he pointed out, the tentative opinion disregarded California anti-SLAPP case law that requires that I be given the benefit of the doubt, not the Times, when considering their anti-SLAPP motion. In Overstock.com, Inc. v. Gradient Analytics, Inc. (2007), for example, the court ruled that “the plaintiff’s burden of establishing a probability of prevailing is not high: We do not weigh credibility, nor do we evaluate the weight of the evidence. Instead, we accept as true all evidence favorable to the plaintiff and assess the defendant’s evidence only to determine if it defeats the plaintiff’s submission as a matter of law.” The tentative opinion was rife with references to my supposed (in)credibility and purported to evaluate the evidence presented.

The justices seemed surprised by Jeff’s argument. They asked him to cite case law examples. He did. They wrote them down.

I hope they take notice and change tack, still, anti-SLAPP motions are commonplace in California courts. How could any judge be unaware of important cases like Overstock or the standard that plaintiffs get the benefit of the doubt in anti-SLAPP?

Jeff countered the Times’ argument that they were merely passing on what the LAPD records given to them said. It matters because “fair and true” journalistic reports about government records are “privileged.” Much of the Times’ hit pieces against me concerned the Times’ own cursory sham investigation of me. One judge asked Sager whether the Times was arguing that both the LAPD and the Times’ references were privileged. Sager repeated that the LAPD ones were, repeatedly ignoring the Times question until, after being pressed, she played dumb, insulting the court’s intelligence by pretending not to understand the issue.

No one pressed her on that or on her “pedophile” remark. Whereas the judges expressed great concern for the reputation of the doctor in the previous case about overprescribing, none spoke against comparing a cartoonist to a pedophile, further slandering me.

Jeff asked why the court’s tentative ruling ignored our most important anti-SLAPP case law precedent, Wilson v. CNN. There was no clear answer. Whether it was intentional or they forgot, people have been fired from far less prestigious jobs for considerably less shoddy work.

Lewis asked the court to consider the chilling message they would send to journalists at news outlets like the Times if they ruled for the Times against me: if you criticize the LAPD, you can be destroyed even though you did nothing wrong. And you can’t sue. There is no redress. There is no justice.

We await the court’s ruling.

UPDATE: Listen to the oral arguments here:

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Liberals Used to Feel Your Pain. Now They Inflict It.

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Ted Rall

Image result for limousine liberal

Liberals are supposed to feel other people’s pain. Now they seem more intent on inflicting it.

I noticed the de-empathification of the Democratic Party during the implementation of Obamacare. I lived in one of many counties with zero or one plan on offer. Low supply and high demand—hell, the ACA required you to buy one or get fined—allowed insurers to gouge patients with sky-high rates. The one plan in my county’s ACA sucked. It charged a $1400-per-month premium with a $10,000-a-year deductible—and featured no doctors within network within a 90-minute drive.

On Facebook I complained about the paucity of affordable plans in my online health insurance marketplace. “I don’t know what you’re going on about,” one of my friends snarked. “I found an excellent, affordable plan.”

My friend lives in Manhattan.

When I pointed out that residents of big cities like New York had far more competition than residents of more sparsely populated areas, he acted as if I hadn’t said anything, continuing to sing the praises of the ACA. “Obamacare is a Godsend for me,” he continued. “So many great options!”

This conversation-without-communication went on and on like that. It was like a variation of the old book “I’m OK, You’re OK.” Now it’s “I’m OK, You’re—Who Cares About You?”

People often ask me for political predictions. Many people I know are Democrats of the Third Way/DLC/Clinton variety and so were understandably upset when I told them I was sure Donald Trump would win. “I grew up in Dayton, Ohio,” I explained. “The major swing states in this election are full of hollowed-out depopulated deindustrialized Rust Belt cities like Dayton. Free trade agreements like NAFTA killed those cities and destroyed their residents’ quality of life and crushed their American Dream. Hillary and the Democrats supported that globalization garbage. Trump will win because he’s the only one who talks about their problems, the only one who acknowledges they exist, and Democrats are too obsessed with identitarian symbolism.”

“But Trump is an idiot,” they said.

“Not so much of an idiot that he said nice things about free trade,” I said, referring to Hillary Clinton.

“But he’s a bigot,” they continued.

“True,” I agreed. But these people desperate and angry and he’s the first presidential candidate to admit that free trade isn’t awesome. It’s a chance to send a message, a cri de coeur.”

The vacant disconnected look in my liberal friends’ eyes was every bit as dumbstruck as that of a MAGA supporter who realizing that big tax cut wasn’t for him. They weren’t from the Midwest, had never been to the Midwest, didn’t know anyone from the Midwest. The devastation and dysfunction I described—substance addiction, generation after generation on disability, systemic un- and underemployment, plunging housing prices, cash-starved local governments so unable to keep up with the mayhem that ODed corpses piled up at the morgue—was as foreign to them as a drone strike in Afghanistan.

Globalization was inevitable. Why didn’t those stupid Ohioans accept it?

Democrats like FDR used to look at dispossessed voters and see electoral opportunity, a chance to grow the party. Today’s liberals are poorer than Roosevelt yet more elitist; they see a bunch of irrelevant old white guys who ought to hurry up and die.

The latest case study is France’s “Yellow Vest” movement. For over a month angry motorists, many middle-aged men from rural and suburban areas of the country, have converged on cities like Paris to protest President Emmanuel Macron’s hike of the gas tax. As in Britain less populous areas have been left behind economically and neglected by the central government. People say they’re barely making it to the end of each month after paying rising bills on fixed incomes, and they’re pissed.

No doubt echoing their well-heeled counterparts in the 4ème arrondissement, my liberal Democratic friends were gobsmacked by France’s most violent Days of Rage since May 1968. “It’s a carbon tax,” one explained helpfully. “We have to reduce consumption of greenhouse gases.” Her attitude is typical: don’t those conservative hicks understand that the planet is dying?

True, we should reduce air pollution. (Though it’s probably too late to slow down climate change.) But a tax designed to reduce consumption only serves one purpose if consumers have no choice but to consume: to increase government revenue while making citizens miserable. Yellow Vesters who live in the sticks don’t have a mass transit alternative. They can’t carpool. They’ve got to drive and, with a carbon tax, they have to pay. No wonder they’re angry. Wouldn’t it make more sense to tax shareholders whose portfolios include stocks with big carbon footprints?

In the 1970s right-wing Republicans like Richard Nixon promoted the cliché of the “limousine liberal”: self-righteous, hypocritical, privileged and disconnected from Joe and Jane Sixpack. I don’t know if it was true then. It certainly is now.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

What Do the NY Times and LA Times Have in Common with the National Enquirer? They All Love anti-SLAPP Laws

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Ted Rall

Image result for national enquirer richard simmons sex change

The National Enquirer is in the news rather than reporting it—not for printing that Elvis is alive and well, but for its alleged role as “a dirty-tricks shop for Donald J. Trump in 2016,” as The New York Times put it in an article that described the supermarket tabloid as “the most powerful print publication in America.” The Enquirer served as a propaganda rag for The Donald, first targeting Ted Cruz during the primaries and then amplifying anti-Hillary conspiracy theories like “PizzaGate,” the ridiculous stories that candidate Clinton was sleeping with Huma Abedin and that she had hired a “hitman” to murder people who annoyed her.

It paid $150,000 for the story of a former Playboy model who said she had an affair with our current president—so they could bury it. (They call this a “catch-and-kill” deal.)

Even for the pond-scum standards of the National Enquirer, this is super sleazy. Mainstream media outlets like the Times are pointing out how gross and yucky the Enquirer is and they’re right to do so.

What these august guardians of the Fourth Estate are not as eager to talk about is how, when it comes to a little-known law with a massive effect on libel and defamation law, respectable print institutions like the New York Times are on the same side as such exemplars of yellow journalism as the National Enquirer.

Twenty-eight states—including many of the most populous—have “anti-SLAPP” laws ostensibly designed to protect newspapers, radio and television outlets from being sued for libel or defamation.

Their real purpose is to allow the media to get away with murder.

Let’s say a newspaper prints an article that destroys your reputation: for example, you’re a teacher and the piece says you sexually assaulted students. Now let’s say that you’re innocent. Not only that, you can prove you’re innocent. So you sue the paper for defamation or libel.

In the old days, your lawsuit would head to discovery and then to trial where a jury of your peers would weigh the evidence. If 12 men and women good and true agreed that the paper had lied about you and hurt your reputation, they might award you damages to make up for lost wages and other financial harm. After all, even a verdict in your favor probably wouldn’t cause a school district to be willing to hire you.

Now we have anti-SLAPP. If you live in a state with one of these pretzel-logic statutes, the odds of getting justice are very low. It doesn’t matter how brazen the lie about you was or how much it hurt you or your livelihood. Even if you can prove the paper knew what they said about you wasn’t true when they decided to print it, an anti-SLAPP motion will probably stop you dead in your tracks—assuming you can find a lawyer willing to represent you in a state with an anti-SLAPP law in the first place. As a defamation law expert in California told me, “Defamation law is effectively dead. There is no redress.”

Here’s how it works. First you sue. Then the paper that slimed you files an anti-SLAPP motion. Discovery—subpoenaing each other’s documents, deposing witnesses on both sides—halts before it begins. So you can’t collect evidence. Years pass. Legal bills mount. Without access to documents and witnesses you have to convince a judge—not a jury—that your case doesn’t involve “privileged communications”—whatever that is—and that you’ll probably prevail before a jury. Of course, the judge doesn’t know that. Odds are you’ll never see that jury. Here’s the best part: after the judge tosses your case, you—the victim!—have to pay the legal fees of the publication that tried to ruin you.

Because they violate the centuries-old right to trial by jury, two state Supreme Courts—in Washington and Minnesota—have gotten rid of their anti-SLAPP statutes, ruling them unconstitutional. But there’s still a long way to go before sanity prevails; if anything, the momentum is for more states to legalize defamation with anti-SLAPP laws.

Because anti-SLAPP motions are themselves the subject of years-long litigation and appeals, trial lawyers rake in hundreds of millions of dollars a year from the anti-SLAPP racket. The only victims are plaintiffs forced into bankruptcy.

Run a Google search for “criticism of anti-SLAPP laws” and you’ll likely come up empty. News articles about anti-SLAPP contain countless quotes in favor, none against.

Media companies love anti-SLAPP laws because they allow them to run “fake news” day after day without the slightest worry of being held accountable for their perfidy. Even liberal former labor secretary Robert Reich has fallen for anti-SLAPP propaganda, which holds that such laws help poor individuals defend themselves against frivolous lawsuits filed by deep-pocketed corporations when, in fact, the opposite is more often true.

A California court recently ruled in favor of an anti-SLAPP motion filed against fitness icon Richard Simmons by the National Enquirer. Simmons had sued the tabloid after it falsely published a BS cover story (which it described as “shocking!”) claiming Simmons had undergone a sex change to become a woman. He had not. Simmons said he “has a legal right to insist that he not be portrayed as someone he is not” and “to be portrayed in a manner that is truthful.” Few reasonable people would disagree.

Simmons got screwed.

Check out the Orwellian Enquirer argument the judge bought hook, line and sinker: “Plaintiff has no right to suppress speech about him, even false speech, if it is not harmful to his reputation.” The judge ordered Simmons—the victim—to pay $130,000 to the Enquirer, which admits it lied about him. “Falsity is not enough” to prove defamation, said Enquirer attorney Kelli Sager.

The anti-SLAPP business has become shameless. Sager even defended the Daily Mail after it ran a fake-news story connecting First Lady Melania Trump to an escort agency.

The Los Angeles Times recently made a similar anything-goes argument in favor of its anti-SLAPP motion against me. In 2015, when the #1 shareholder of the Times’ parent company was the LAPD pension fund, the then-LAPD chief ordered the then-publisher, his political ally, to fire me and run a fake-news story describing me me as a liar and fabulist. After I proved it was the Times and not me who lied, Kelli Sager—the National Enquirer lawyer who also represents the upscale Los Angeles Times—told the court: “This is not a case about the quote-unquote truth.”

After I sued for defamation, the trial judge—in the same courthouse as the Simmons case—ruled that I—the victim—must pay the Times $330,000 in their legal fees even though I had shown they were liars and that they knew what they printed about me was untrue at the time. Like Simmons, we are appealing.

The Enquirer recently hit the Playboy model in the Trump case, Karen McDougal, with an anti-SLAPP motion that would force her to pay its legal fees.

For my money the most outrageous California example of abuse I’ve read recently is former Trump attorney and fixer Michael Cohen’s anti-SLAPP motion against Stormy Daniels. Cohen said Daniels lied about having an affair with Trump—which is plainly false.

Cohen has been sentenced to three years in prison for arranging hush-money payoffs to Karen McDougal and Stormy Daniels. Too bad he won’t be bunking with the publishers of the National Enquirer and The Los Angeles Times.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

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