Joe Biden is asking Americans to do something they have never done before, elect a likely one-term president who is so mentally compromised that the country would be run by his cabinet and possibly his vice president.
Attorney General Jeff Sessions’ September 5th announcement that the Trump Administration is repealing Obama’s DACA (Deferred Action for Childhood Arrivals) program for children brought into the United States illegally marks another political low point for a president who stages his photos so he looks tough “like Churchill” but whose governance is so wobbly and noncommittal that he’s elevated waffling to an artform.
The 800,000 DREAMers, Trump said in November, “shouldn’t be very worried.”
You better bet those kids are worried now.
As Barack Obama said after Sessions’ statement: “These Dreamers are Americans in their hearts, in their minds, in every single way but one: on paper. They were brought to this country by their parents, sometimes even as infants. They may not know a country besides ours. They may not even know a language besides English. They often have no idea they’re undocumented until they apply for a job, or college, or a driver’s license.”
Totally true words.
And, coming from the man who set the stage for Trump’s xenophobic and racist policies with plenty of his own, totally empty.
Obama promised comprehensive immigration reform, including legal protection for the DREAMers, during his 2008 campaign. As president, however, he never tried to make it happen — even in 2009 and 2010, when his Democrats controlled both houses of Congress. Republicans went obstructionist on all things Obama after 2010, so a frustrated Obama farted out DACA as an unconstitutional executive order in 2012.
In a typically perverse Democratic attempt to out-Republican the Republicans, Obama became the “Deporter in Chief,” throwing more people out of the United States than all the presidents of the 20th century combined.
Obama’s deportees, he promised us, were criminals. “Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.” Sounded like a reasonable policy. Trouble was, one-size-fits-all legal strictures don’t account for the complexities of real life.
Hundreds of children of Cambodian war refugees were deported “back” to Cambodia — a country they had never seen, where they had no friends or relatives — due to the kind of screw-up privileged whites call “youthful indiscretions” — many under President Obama. “I had no luggage. I had about $150 in my pocket. No possessions at all,” remembers Sophea Phea. “Everything’s in Cambodian and you don’t even know how to write your name in Cambodian,” said Chandara Tep.
“Some don’t make it. We’ve had suicides,” said Bill Herod, who founded a charity in Phnom Penh for U.S. deportees.
They weren’t all angels. But is it really so shocking that the children of survivors of the brutal wars in Southeast Asia — wars whose carnage can in large part be blamed on the United States — might do stupid crap as teenagers? Phea used a stolen credit card; Tep shot a gun in the air during a gang fight. He was 15.
Phea’s son, 13, lives in California with his dad. Mom and son can’t see each other — and that’s because of Obama.
Can’t empathize? Show this article to a friend; he or she likely can. One-third of Americans of working age have a criminal record. Obama smoked pot and snorted cocaine. George W. Bush had a DUI; Dick Cheney had two. Roughly 17% of all Americans (including children and other non-drivers) have a DUI conviction.
Let he who is without self-righteous BS Christian sanctimony cast the first deportation.
Trump and his fellow Republicans’ repugnant decision to expose DREAMers — who, by definition, have clean criminal records — to deportation is a classic example of the peril of the slippery slope. This is what happens when the Left goes to sleep because a Democrat is in the White House.
First Obama came to deport the children who knew no home other than the United States, but we said nothing because they had criminal records (even if they weren’t a big deal and/or referred to crimes that occurred ages ago). Then Trump came for the kids with no criminal record at all, but we said jack because they didn’t happen to have the right immigration documents.
By the time they come for U.S. citizens — you know the rest.
(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
George Stephanopoulos, ABC News: “You’re increasingly being compared to Hitler. Does that give you any pause at all?”
Donald Trump: “Because what I’m doing is no different than what FDR [did]. FDR’s solution for Germans, Italians, Japanese many years ago. This is a president who was highly respected by all. He did the same thing — if you look at what he was doing it was far worse.”
When it comes down to core values, you can never make an exception.
This week shows why.
After Republican presidential frontrunner Donald Trump called for a ban against Muslims to enter the United States — all Muslims, including businesspeople, college students, athletes, performers, even U.S. citizens currently living abroad — corporate media and the experts in their contact lists called the idea outlandish.
Primarily, they said it was crazy because it is unprecedented.
For example, NYU law professor Nancy Morawetz told The New York Times: “This is just so antithetical to the history of the United States. I cannot recall any historical precedent for denying immigration based on religion.”
True, there hasn’t been a religious test for admission to the U.S. But in a broader sense, Trump’s idea continues a long tradition of using immigration rules as expressions of American racism and intolerance.
There have been plenty of blanket bans motivated by bigotry. The Chinese Exclusion Act comes to mind. The Immigration Act of 1924 banned all immigration to the U.S. by Asians and Arabs. People with HIV-AIDS weren’t allowed to visit the U.S. from 1987 to 2009.
In each case, supporters of blanket exclusions argued that their extraordinary measures were “temporary” (that’s what Trump says) responses to unusual threats, such as the 19th century “yellow peril.” (Asians with “special powers,” Americans were told, were going to crush white culture.) Now we understand that the threats were trivial or nonexistent, that these responses were outlandishly reactionary. At the time, however, idiots and opportunists exploited the masses’ fear and ignorance to whip up paranoia — which set some terrible precedents we’re living with today.
Trump’s no-Muslims-need-apply plan is being criticized harshly. Rightly so, though no one asks the obvious question: If this is about border security, wouldn’t a real Islamic terrorist lie when asked about his religious affiliation, or claim to have renounced Islam, while applying for a visa? After all, some of the 9/11 hijackers were clean-shaven, drank alcohol and hung out in topless bars.
If anything, criticism of Trump has been too muted. Not one single Republican presidential candidate or major GOP official has said he or she would not support Trump should he win the Republican nomination. Believe you me, they’ll all fall in line if The Donald becomes The Man running against Hillary or Bernie.
Such weaselry is part of the way these things usually go. First there’s some sort of shock. Then a demagogue enters the scene who frames the shock as part of a crisis, followed by overreaction (we must give up some freedoms to stay safe) based on “exceptional times” because “everything has changed. Ultimately sanity returns, thanks to the passage of time, the cooling of passions and moving on to other concerns. This is a pattern we’ve seen before and we will surely see again — mainly because previous overreactions, many of them never renounced, serve as a perfect justification for new crimes against humanity.
“Look at what FDR did many years ago,” Trump said by way of justification, “and he’s one of the most respected presidents.”
So, sadly, true.
During World War II Franklin Roosevelt issued presidential proclamations that allowed officials to declare people of German, Italian and Japanese ancestry to be “enemy aliens” who could be detained without trial. Even though there is no evidence that any Japanese-American ever committed a disloyal act during the war, FDR ordered the internal deportation of tens of thousands from the Pacific Coast to concentration camps. Many lost their homes and their businesses. (Trump hasn’t decided whether he’d create Muslim concentration camps beyond the existing facilities at Guantánamo and overseas.)
There are two problems with FDR’s assault on the basic legal principle that we are innocent until proven guilty: his actions themselves, and the failure of our political and legal culture to repudiate him and what he did.
Had they been reversed and retroactively annulled, the FDR actions cited so approvingly by Trump would nevertheless stand as historical precedent. When something Really Bad happens — a sneak attack on your naval base, planes crashing into buildings, a couple going berserk and shooting up their workplace — all bets are off, including the Constitution.
But they were never annulled, much less reviled. So they also stand as legal precedent.
As Trump says, FDR is considered one of our finest presidents. The New Deal and winning World War II are what we remember. The internment camps, which affected only people with yellow skin, are a minor footnote in history classes. The message is clear: No one cares. If we thought the camps were really so wrong, Roosevelt would stand with Nixon and George W. Bush among our worst leaders, the same way Woodrow Wilson’s accomplishments in World War I and with the League of Nations are now being eclipsed by his racism.
And he should. Send just one kid to a camp, as FDR did to thousands, and yeah, that really does erase the Social Security Act.
The United States has never fully renounced those concentration camps for Japanese-Americans. Forty-three years after the end of World War II, Congress finally issued an apology but only paid token $20,000 payments to each surviving victim. (40,000 of the 120,000 prisoners had died.) No one was compensated for lost property. It’s still a fairly obscure chapter in history; I’d be surprised if 10% of Americans know it happened.
Disgustingly, the legal underpinnings of Roosevelt’s actions remain in full effect, namely the 1944 Supreme Court ruling in favor of the government in Korematsu v. United States. Fear of espionage and sabotage — though completely unsubstantiated — outweighed the right to due process of Japanese-Americans, said a 6-3 majority.
As a rule Americans prefer “to look forward as opposed to looking backwards,” as Obama said in 2009 about Bush-era torture. The trouble is, the future winds up looking a lot like the past unless that past is truly dead and buried.
Use waterboarding, as U.S. troops occupying the Philippines did with impunity against Filipino independence fighters, and it comes back after 9/11. (No Marines were ever prosecuted for using this form of torture, but the U.S. did execute Japanese soldiers who waterboarded American POWs during World War II. Since Obama refused to prosecute CIA waterboarders, we can be sure it will happen again.)
Allow the president to fight a war without a formal declaration of war, “exceptionally” violating the Constitution as Congress did in 1950 with Korea, and a future president will do the same in Vietnam. And Panama. And Iraq. And Bosnia. And Afghanistan. And Iraq again.
And now Syria.
Because America never drives a stake through the darkest heart of its history, like the Korematsu decision, “exceptions” become precedents that keep coming back.
Several of George W. Bush’s memos calling for the suspension of the ancient right of habeas corpus cited Korematsu in order to justify holding Muslim POWs without charges or access to an attorney at Gitmo. In 2004, the Bush Administration used the precedent to fight a challenge by Gitmo detainees — prisoners who have been languishing under both Bush and Obama. (The Military Commissions Act of 2006 ended habeas corpus, the 800-year-old right to a court trial, for American citizens.)
As recently as 2014, Justice Antonin Scalia said the ruling remained in effect. It was, he said, “wrong, but it could happen again in wartime.”
Or, under a President Trump, in peacetime.
Just this once.
Because this time is different.
(Ted Rall, syndicated writer and the cartoonist for ANewDomain.net and SkewedNews.net, is the author of “Snowden,” about the NSA whistleblower. His new book “Bernie” about Democratic presidential candidate Bernie Sanders, comes out January 12 and is available for pre-order. Want to support independent journalism? You can subscribe to Ted Rall at Beacon.)
COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM
Originally published at ANewDomain.net:
Most people know that Silicon Valley has a diversity problem. Women and ethnic minorities are underrepresented in Big Tech. Racist and sexist job discrimination are obviously unfair. They also shape a toxic, insular white male “bro” culture that generates periodic frat-boy eruptions (see, for example, the recent wine-fueled rant of an Uber executive who mused — to journalists — that he’d like to pay journalists to dig up dirt on journalists who criticize Uber. What could go wrong?)
This is progress, but it still leaves Silicon Valley with its biggest dirty secret: rampant, brazen age discrimination.
“Walk into any hot tech company and you’ll find disproportionate representation of young Caucasian and Asian males,” University of Washington computer scientist Ed Lazowska told The San Francisco Chronicle. “All forms of diversity are important, for the same reasons: workforce demand, equality of opportunity and quality of end product.”
Overt bigotry against older workers — we’re talking about anyone over 30 here — has been baked into the Valley’s infantile attitudes since the dot-com crash 14 years ago.
Life may begin at 50 elsewhere, but in the tech biz the only thing certain about middle age is unemployment.
The tone is set by the industry’s top CEOs. “When Mark Zuckerberg was 22, he said five words that might haunt him forever. ‘Younger people are just smarter,’ the Facebook wunderkind told his audience at a Y Combinator event at Stanford University in 2007. If the merits of youth were celebrated in Silicon Valley at the time, they have become even more enshrined since,” Alison Griswold writes in Slate.
It’s illegal, under the federal Age Discrimination in Employment Act of 1967, to pass up a potential employee for hire, or to fail to promote, or to fire a worker, for being too old. But don’t bother telling that to a tech executive. What used to be a meritocracy has become a don’t-hire-anyone-over-30 (certainly not over 40) — right under the nose of the tech media.
Which isn’t surprising. The supposed watchdogs of the Fourth Estate are wearing the same blinders as their supposed prey. The staffs of news sites like Valleywag and Techcrunch skew as young as the companies they cover.
A 2013 BuzzFeed piece titled ” What It’s Like Being The Oldest BuzzFeed Employee” (subhead: “I am so, so lost, every workday.”) by a 53-year-old BuzzFeed editor “old enough to be the father of nearly every other editorial employee” (average age: late 20s) reads like a repentant landlord-class sandwich-board confession during China’s Cultural Revolution: “These whiz-kids completely baffle me, daily. I am in a constant state of bafflement at BF HQ. In fact, I’ve never been more confused, day-in and day-out, in my life.” It’s the most pathetic attempt at self-deprecation I’ve read since the transcripts of Stalin’s show trials.
A few months later, the dude got fired by his boss (15 years younger): “This is just not working out, your stuff. Let’s just say, it’s ‘creative differences.’”
Big companies are on notice that they’re on the wrong side of employment law. They just don’t care.
Slate reports: “In 2011, Google reached a multimillion-dollar settlement in a…suit with computer scientist Brian Reid, who was fired from the company in 2004 at age 54. Reid claimed that Google employees made derogatory comments about his age, telling him he was ‘obsolete,’ ‘sluggish,’ and an ‘old fuddy-duddy’ whose ideas were ‘too old to matter.’ Other companies—including Apple, Facebook, and Yahoo—have gotten themselves in hot water by posting job listings with ‘new grad‘ in the description. In 2013, Facebook settled a case with California’s Fair Employment and Housing Department over a job listing for an attorney that noted ‘Class of 2007 or 2008 preferred.’”
Because the fines and settlements have been mere slaps on the wrist, the cult of the Youth Bro is still going strong.
To walk the streets of Austin during tech’s biggest annual confab, South by Southwest Interactive, is to experience a society where Boomers and Gen Xers have vanished into a black hole. Photos of those open-space offices favored by start-ups document workplaces where people over 35 are as scarce as women on the streets of Kandahar. From Menlo Park to Palo Alto, token fortysomethings wear the nervous shrew-like expressions of creatures in constant danger of getting eaten — dressed a little too young, heads down, no eye contact, hoping not to be noticed.
“Silicon Valley has become one of the most ageist places in America,” Noam Scheiber reported in a New Republic feature that describes tech workers as young as 26 seeking plastic surgery in order to stave off the early signs of male pattern baldness and minor skin splotches on their faces.
Whatever you do, don’t look your age — unless your age is 22.
“Robert Withers, a counselor who helps Silicon Valley workers over 40 with their job searches, told me he recommends that older applicants have a professional snap the photo they post on their LinkedIn page to ensure that it exudes energy and vigor, not fatigue,” Scheiber writes. “He also advises them to spend time in the parking lot of a company where they will be interviewing so they can scope out how people dress.”
The head of the most prominent start-up incubator told The New York Times that most venture capitalists in the Valley won’t take a pitch from anyone over 32.
In early November, VCs handed over several hundred thousand bucks to a 13-year-old.
Aside from the legal and ethical considerations, does Big Tech’s cult of youth matter? Scheiber says hell yes: “In the one corner of the American economy defined by its relentless optimism, where the spirit of invention and reinvention reigns supreme, we now have a large and growing class of highly trained, objectively talented, surpassingly ambitious workers who are shunted to the margins, doomed to haunt corporate parking lots and medical waiting rooms, for reasons no one can rationally explain. The consequences are downright depressing.”
One result of ageism that jumps to the top of my mind is brain drain. Youthful vigor is vital to success in business. So is seasoned experience. The closer an organization reflects society at large, the smarter it is.
A female colleague recently called to inform me that she was about to get laid off from her job as an editor and writer for a major tech news site. (She was, of course, the oldest employee at the company.) Naturally caffeinated, addicted to the Internet and pop culture, she’s usually the smartest person in the room. I see lots of tech journalism openings for which she’d be a perfect fit, yet she’s at her wit’s end. “I’m going to jump off a bridge,” she threatened. “What else can I do? I’m 45. No one’s ever going to hire me.” Though I urged her not to take the plunge, I couldn’t argue with her pessimism. Objectively, though, I think the employers who won’t talk to her are idiots. For their own sakes.
Just a month before, I’d met with an executive of a major tech news site who told me I wouldn’t be considered for a position due to my age. “Aside from being stupid,” I replied, “you do know that’s illegal, right?”
“No one enforces it,” he shrugged. He’s right. The feds don’t even keep national statistics on hiring by age.
The median American worker is age 42. The median age at Facebook, Google, AOL and Zynga, on the other hand, is 30 or younger. Twitter, which recently got hosed in an age discrimination lawsuit, has a median age of 28.
It’s easy to suss out why: they prefer to hire cheaper, more disposable, more flexible (willing to work longer hours) younger workers. Apple and Facebook recently made news by offering to freeze its female workers’ eggs so they can delay parenthood in order to devote their 20s and 30s to the company.
The dirty secret is not so secret when you scour online want ads. “Many tech companies post openings exclusively for new or recent college graduates, a pool of candidates that is overwhelmingly in its early twenties,” Verne Kopytoff writes in Fortune.
“It’s nothing short of rampant,” said UC David comp sci professor Norm Matloff, about age discrimination against older software developers. Adding to the grim irony for Gen Xers: today’s fortysomethings suffered reverse age discrimination — old people in power screwing the young — at the hands of Boomers in charge when they were entering the workforce.
Once too young to be trusted, now too old to get hired.
Ageist hiring practices are so over-the-top illegal, you have to wonder: do these jerks have in-house counsel?
Kopytoff: “Apple, Facebook, Yahoo, Dropbox, and video game maker Electronic Arts all recently listed openings with ‘new grad’ in the title. Some companies say that recent college graduates will also be considered and then go on to specify which graduating classes—2011 or 2012, for instance—are acceptable.”
The feds take a dim view of these ads.
“In our view, it’s illegal,” Raymond Peeler, senior attorney advisor at the Equal Employment Opportunity Commission, told Kopytoff. “We think it deters older applicants from applying.” Gee, you think? But the EEOC has yet to smack a tech company with a big fine.
The job market is supposed to eliminate efficiencies like this, where companies that need experienced reporters fire them while retaining writers who are so wet behind the ears you want to check for moss. But ageism is so ingrained into tech culture that it’s part of the scenery, a cultural signifier like choosing an iPhone over Android. Everyone takes it for granted.
Scheiber describes a file storage company’s annual Hack Week, which might as well be scientifically designed in order to make adults with kids and a mortgage run away screaming: “Dropbox headquarters turns into the world’s best-capitalized rumpus room. Employees ride around on skateboards and scooters, play with Legos at all hours, and generally tool around with whatever happens to interest them, other than work, which they are encouraged to set aside.”
No matter how cool a 55-year-old you are, you’re going to feel left out. Which, one suspects, is the point.
It’s impossible to overstate how ageist many tech outfits are.
Electronic Arts contacted Kopytoff to defend its “new grad” employment ads, only to confirm their bigotry. The company “defended its ads by saying that it hires people of all ages into its new grad program. To prove the point, the company said those accepted into the program range in age from 21 to 35. But the company soon had second thoughts about releasing such information, which shows a total absence of middle-aged hires in the grad program, and asked Fortune to withhold that detail from publication. (Fortune declined.)”
EA’s idea of age diversity is zero workers over 35.
Here is one case where an experienced, forty- or fifty- or even sixtysomething in-house lawyer or publicist might have saved them some embarrassment — and legal exposure.
In the big picture, Silicon Valley is hardly an engine of job growth; they haven’t added a single net new job since 1998. “Big” companies like Facebook and Twitter only hire a few thousand workers each. Instagram famously only had 13 when it went public. They have little interest in contributing to the commonweal. Nevertheless, tech ageism in the tiny tech sector has a disproportionately high influence on workplace practices in other workspaces. If it is allowed to continue, it will spread to other fields.
It’s hard to see how anything short of a massive class-action lawsuit — one that dings tech giants for billions of dollars — will make Big Tech hire Xers, much less Boomers.
Hands down, the most asked question asked of political cartoonists is: where do you get your ideas?
To which my first reply is usually some variant of “if you have trouble coming up with complaints about politicians or politics, this probably isn’t the right job for you.” Coming up with ideas, or at least topics, has never been an issue for me or any other professional cartoonist I know.
Like other artists, editorial cartoonists use their outlet to work out their issues in public. Most people get annoyed at the president and other political types. The difference between other people and we cartoonists is that, rather than random grousing over beers, we labor under the illusion that we can actually change things (yes, by drawing funny pictures…so we’re delusional. Whatever.).
Sometimes our cartoons reflect our visceral personal reactions to a news story. This week’s cartoon is an example.
When I first heard news accounts of people in Murrieta, California gathering to block federal government buses transporting women and children detained for entering the United States illegally from entering the town, I assumed the protesters were advocates for the immigrants — well-meaning liberals protesting the shabby treatment, such as being held in prisons for up to two years while awaiting deportation hearings, in inhumane conditions and often without adequate legal representation, suffered by people fleeing economic hardship and rampant crime in Central America and elsewhere.
Upon further investigation, however, I learned that the protesters were actually on the opposite side: right-the feds were cruel to what are, by any sane account, refugees from economic and political violence, but rather that they weren’t aggressive enough in enforcing border controls.
As a leftie, I am unusual. I agree that the border has been left open intentionally, and that it ought to be secured. You can’t call yourself a nation-state without controlling who comes and goes; to the contrary, strong border control is one of the defining features of a functioning nation-state. Also, it’s nonsense to complain that sealing the Mexico-U.S. frontier isn’t feasible. The former Soviet Union had a southern border many times longer than that to control, both to keep citizens in and to keep insurgents from places like Afghanistan out, and possessed fewer resources than the U.S. — yet it successfully managed to keep things under wraps.
I favor a wall, a strong border. But it will never happen. Republicans like the border open because their corporate backers like the depressing effect illegal immigration has upon wages; Democrats know that the legally-born children of today’s illegal immigrants are the Democratic voters of tomorrow. Both parties are in cahoots on this issue.
In the meantime, I can’t view the human traffic across the border, originating in some cases from countries destabilized by American intervention, as anything less than people who need and deserve our help. By all means, complain about the perfidy of a federal government that claims the right to invade sovereign nations on the other side of the world yet pretends not to be able to control who comes and goes from Mexico to California. But please don’t pick on the women and children — and the adult men — who are merely doing what comes naturally: trying to survive.
Of Hicks, Duck Dynasty and Free Speech
“Don’t talk about politics or religion.” It’s boilerplate advice, especially this time of year when family members and friends with varying cultural outlooks gather to break (if you’re a California liberal, gluten-free) bread.
Keeping your opinions to yourself is smart if your priority is conflict avoidance. But keeping the peace makes for seriously boring holiday meals.
Aside from the tense tedium of forced blandness, all that self-censorship accomplishes is to paper over conflicts and differences everyone knows or suspects are there anyway. Nothing gets resolved.
To the contrary, self-censorship enables bad ideas. Unchallenged year after year, the stupid people at the table return to their stupid homes as confident as ever in their stupid opinions, no matter how indefensible.
We are seeing the no-politics dictum play itself out with increasing frequency on a national level, with dismaying implications for freedom of expression.
This week we’re talking about “Duck Dynasty,” a reality TV show I haven’t watched. Phil Robertson, the ZZ Top-bearded patriarch of a Louisiana clan who struck it rich with a gadget that calls ducks, is the show’s star. He’s also a hick. Like many other hicks, Robertson holds stupid opinions about gays and blacks, which he expressed in media interviews.
After people complained about Robertson’s stupid thoughts, A&E “suspended” Robertson. He may or may not come back to the show.
Right-wingers, including ferret-faced Louisiana Governor Bobby Jindal and intellectual beacon Sarah Palin, played to their bigoted Republican base, issuing strident electronic missives decrying Robertson’s maybe-firing on the grounds of free speech. MSNBC and other Democratic Party mouthpieces responded in kind with a talking point that many Americans remember conservatives using against lefties during the Bush years: the First Amendment doesn’t guarantee you the right not to be fired.
“Yes, everyone is entitled to express his or her views,” Jill Filipovic wrote in The Guardian. “Not everyone is entitled to keep their jobs, though, if they decide to express views that are entirely odious and potentially costly to their employer.”
We’re again witnessing an odious truism: Americans defend free speech they agree with and sign on to the suppression of that they dislike. What if, instead of filling GQ magazine in on his far-right bigotry, Phil Robertson had gotten himself maybe-fired over an interview in which he expressed views that put him to the left of “mainstream”? What if, for example, he’d said instead that all Republicans are racists and homophobes? It’s a safe bet that joints like MSNBC and The Guardian would have denounced A&E for censoring him, and that Rush Limbaugh et al. would be the ones trotting out the “you can say whatever you want but you don’t have a right to get paid for it” bromides.
These free speech battles inevitably break down along partisan lines — but it’s dumb and hypocritical and needs to stop.
Let’s dispense with this sophistry that prevents us from getting to the meat of the matter. Yes, obviously, the First Amendment doesn’t apply. There is no legal issue. Under the law, A&E can fire Robertson.
The question is: should he be fired/suspended?
Should any employer be able to fire you because they dislike what you say?
On that point, my answer is 100%, unequivocally, no way.
“The right to freely speak your mind without government interference is crucial,” allows Filipovic in her essay. “But few of us are permitted in the course of our employment to say whatever we want without consequence from our employer.”
Legally, that’s true. To which I ask: why the hell not?
Americans spend 54% of their waking hours at work. What good is a First Amendment that ends at the keycard door? (Maybe we should rename it the Half Amendment.)
As someone who has lost gigs because I said something that someone didn’t like — usually about politics or religion — I’ve spent a lot of time imagining an America in which workers could express themselves freely. Try as I might, I don’t see the world falling apart if — I’m going to go extreme here — the bald guy at the hardware store turns out to be a Nazi skinhead — after all, the dude was a Nazi all along, right? If anything, it would be good to see him wearing a Nazi badge because, assuming I have the guts to confront him, there would then be a chance that someone could argue him into a better political place.
If you can be fired for expressing yourself at work — or, as in Robertson’s case, not at work, in an interview, which means that for him, 100% of waking hours are an A&E censorship zone — then free speech is a meaningless abstraction that applies only to the tiny fraction of superrich Americans who don’t have to worry about getting fired.
“It sounds nice in theory to say, ‘Walk away, and look for another job,’ ” says Lewis Maltby of the National Workplace Institute. “But in practice, most people just can’t take that risk. They just put up with it.” Which is why the American workplace is a fascist state. “In Arizona, you can be fired for using birth control,” noted The Guardian in 2012. “If you live in any one of 29 states, you can be fired for being gay. You can be fired for being a fan of the Green Bay Packers if your boss roots for the Bears.” Many workers have gotten fired for off-the-cuff tweets.
Because it’s legal to fire louts like Robertson for mouthing off, it’s legal to fire you too, for saying just about anything, no matter innocuous. In his 2007 book “Speechless: The Erosion of Free Expression in the American Workplace,” Bruce Barry documents countless examples of people losing their jobs over banal political speech — for example, having a John Kerry bumpersticker on their car.
Any judgment about A&E’s action on “Duck Dynasty” has to consider the result.
What, exactly do the “social justice warriors” who led the charge against Robertson win if they succeed in getting him fired, or “Duck Dynasty” taken off the air?
I doubt they’ll change Robertson’s mind about gays or blacks. You can’t bully someone into political correctness. The cure to the illogic of bigotry is logical argument. Which requires more effort than organizing an Internet pile-on. All that PC bloggers get out of Robertson’s suspension is a “victory” that makes them feel good. But it diminishes society’s racism and homophobia not one iota.
Bigotry can also give way to experience — like the time a vanload of big black guys with gang tatts emerged from their vehicle, carrying tire irons, while my car was broken down in bad-old-1980s-days Bedford-Stuyvesant. They fixed me up and sent me on the way — after refusing a tip. Robertson obviously needs to spend some time with some LGBT people and people of color.
Getting someone fired, on the other hand, isn’t exactly a recipe for making new friends.
For Robertson and everyone else, the message is clear: keep your politics to yourself, and you’ll be OK. Unless, of course, your politics happen to coincide with whatever happens to be acceptable to whatever happens to be mainstream at a given time — which can, and eventually will, change — and bite you on the ass. So yeah, if you value your paycheck, shut up.
A society in which the workplace is a zero free speech zone is not free. A nation without the free exchange of ideas, where everyone can express themselves without fear of economic retribution, is not — cannot be — a democracy.
The First Amendment should be amended to include the workplace.
(Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)
COPYRIGHT 2013 TED RALL
A Congress of 21st Century Cynics Dodges 19th Century Rules
People are calling the recently adjourned 112th Congress “the most dysfunctional ever” and the least productive since the infamous “do-nothing Congress” of the 1940s. There’s lots of blame to go around, but one cause for congressional gridlock has gone unnoticed and unremarked upon: we no longer have a sense of honor.
Back in the late 18th and 19th centuries, when our bicameral legislature and its rules were conceived of by a bunch of land-owning white males, a gentleman’s word was his most precious asset. Integrity and the lack thereof were literally a matter of life and death; consider the matter of Alexander Hamilton and Aaron Burr. As Thomas Jefferson and his de facto wife Sally Hemings could attest, civility was far from guaranteed under this old system. It certainly could have worked better for Charles Sumner, the abolitionist Massachusetts senator who was nearly beaten to death by a proslavery colleague on the floor of the Senate in 1856. (He was avenging what he considered libelous rhetoric against his family.)
Though less-than-perfect, there was a lot to be said for a culture in which a person’s word was his bond, legalistic quibbling was scorned, and a legislator was expected to stake out and defend a principled position, even in the face of political and personal adversity.
It’s hard to imagine the “fiscal cliff” showdown unfolding in the 1800s or even the first half of the 1900s for two simple reasons. First, the general fiscal health of the country would have come ahead of partisanship. Second, and more importantly, members of the two political parties would have stuck to the deal that they struck a decade earlier. When George W. Bush and his Republicans pushed for a set of income tax cuts that primarily benefited the wealthiest Americans in 2001, they argued the standard GOP trickle-down economics talking point that the tax cuts would pay for themselves by stimulating the economy so much that revenues into government coffers would more than make up for the cost. In order to get enough Democratic support for passage, the Republicans agreed to a five-year time period, after which taxes would revert to their Bill Clinton-era levels.
By 2006 there was still no evidence to show that the tax cuts had stimulated the economy. In fact, by many measures, things were worse. The housing bubble was beginning to burst; unemployment and underemployment had increased. If this had been the 19th century, Republican legislators would have acknowledged that their experiment had failed and that would have been that. A gentleman didn’t run away from the facts or his mistakes.
Voters seemed to agree. Unhappy with the invasion of Iraq as well as the state of the economy, Americans returned Democrats to control of Congress in 2006. Republicans had a pretty good idea—the polls were damning—that their unpopular policies were driving them toward a decisive defeat in the midterm elections. For men and women of honor, this would have been a time to reassess and back off.
Nevertheless the GOP jammed through an extension of the 2001 Bush tax cuts for the wealthy months before the midterm election. No honor there.
Here we are nearly 12 years later, and the verdict is in: the Bush tax cuts failed miserably. No doubt about it, it’s absolutely ridiculous that President Obama and the Democrats agreed to extend them for all but the richest one-half of one percent of American income earners. But the debate should never have gotten this far in the first place. Had the Republicans who proposed it in the first place possessed an iota of good old-fashioned 19th-century honor and integrity, this misbegotten legislative abortion would have died in 2006.
Robert’s Rules of Order and other quaint traditions of parliamentary procedure don’t translate to a quibbling little time like ours, when White House lawyers torture widely understood words like “torture” and “soldier” or claim that a US military base in Cuba is in no man’s land, neither in Cuba nor under US control, and that members of both major political parties say anything in order to get their way. Consider, for example, the current push to reform the filibuster, in order to clear the logjam on judicial nominations and other business that used to be considered routine.
The Senate, the only house of Congress that permits a filibuster, draws upon a tradition of principled minority protest that goes back to Cato in ancient Rome. Until the 1970s, filibusters were a rarity, averaging one a year. Senators viewed them as a bit of a nuclear option and only considered deploying a one-man block on debate of a bill a few times during a long political career, to take a stand on an issue where he felt it mattered most. Now the filibuster is not only a daily routine but gets deployed in an automated way so that the Senate has effectively become a body in which nothing gets done without a 60% vote in favor.
Everyone in the Senate understood what filibusters were for. No one abused them. It was a matter of honor.
But honor is too much to ask when even the most basic of all political considerations—ideology and party affiliation—bend like a reed in the winds of change.
Last week the Republican governor of New Jersey and a Republican congressman from Long Island, New York were so incensed by their party’s refusal to approve disaster relief funds for their states after hurricane Sandy that they went public with disparaging remarks about the Republican leadership in Congress. Fair enough. Standing up for your constituents against rank parochial self-interest is what integrity is all about.
On the other hand, the immediate willingness of some so-called liberal and progressive Democrats to welcome Chris Christie—a Tea Party favorite—and Peter King—a notorious nativist and anti-Muslim bigot—into their party’s ranks indicates a willingness to overlook basic principles that would have startled most self-described gentlemen of a century or two ago, much less those who’d entered public service. Back then, of course, the American political party system wasn’t as settled as it is today, so there were mass changes of party affiliation as parties appeared, metastasized and vanished. Still, it wasn’t acceptable behavior to change parties over a minor spat like the hurricane aid or for a party to accept members who didn’t adhere to its principles.
It’s almost enough to make you wish for a duel.
COPYRIGHT 2013 TED RALL
I draw cartoons for The Los Angeles Times about issues related to California and the Southland (metro Los Angeles).
This week: The U.S. Supreme Court is poised to take up the issue of gay marriage in California as soon as Friday morning. The moment has prompted nervous debate within the gay-rights movement about the best path to achieve gay marriage. If the justices opt not to hear the Proposition 8 case, then a federal appeals court ruling that found the 2008 state ballot measure banning same-sex marriage unconstitutional would stand, clearing the way for marriages to begin. If the justices take up the case, a ruling would not come until next year and gay marriage would remain on hold until then, or longer depending on how the court rules.