Thursday, September 21, 2023

Notes on the First and Fourth Amendments

A debate is underway between the FBI and Internet carriers like Apple about whether the right to privacy, guaranteed, we thought, by the Fourth Amendment, should be protected by encryption that even the carrier cannot read, let alone an intelligence agency.  This is a perfect case for opponents of old school Fourth Amendment privacy laws because protected material can be stored on a terrorist's cell phone, a formulation conducive to public acceptance of the government's right to snoop. 

In contrast, the First Amendment, supposed to protect us from censorship, is weakened by something different, and surprising.  

Regarding the Fourth, which protects the privacy of personal information from "unreasonable search and seizure," we don't want to admit it, but as a result of pressure from the War on Terror and windfalls from evolving technology, the battle for the Fourth Amendment right to privacy is already lost without a shot fired in opposition by America's 81 million gun owners. Though privacy is still protected by a U.S. postage stamp on a sealed, mailed letter, our online correspondence has no privacy protection at all. Ditto for your financial and medical records. The many people in a position to read your "private" email correspondence and files are constrained by an honor system at best. The problem extends to your car. The Los Angeles Times reveals ("Vehicles are like 'wiretaps on wheels,'" 8/7/23) that conversations in new model cars are recorded by hidden microphones and sold to unkown third parties without restraints of any kind (Tesla warns drivers that blocking sale of data may "negatively impact crash protection.") Even privacy proponents are moving away from arcane assertions about the Fourth Amendment, which contains no reference to a world with internet.  The situation is something of an embarrassment that we'll need to figure out at some point, though it's hard to see how we could endure the commotion of a constitutional process removing the privacy protections of a bygone age, even if the purpose is to replace them with something more specific and effective. We'll probably just have to live, for now, with this contradiction between the Constitution and our actual society.

The First Amendment, designed to protect us from censorship, appears largely intact, but for a strange reason: public indifference to information that you'd think someone would want to censor.  Consider Dexter Filkins' findings about covert U.S. funding of the Afghan Taliban during our war against it (The Afghan Bank Heist @ http://www.newyorker.com/magazine/2011/02/14/the-afghan-bank-heist, You may have to cut-and-paste this link). Filkins tells of an investigation of Afghan war funding by the Afghan Threat Finance Cell, with members from the FBI, DEA, Treasury and Pentagon, which "uncovered one of the darker truths of the war: the vast armies of private gunmen paid to protect American supply convoys frequently use American money to bribe Taliban fighters to stand back. These bribes are believed by officials in Kabul and Washington to be one of the main sources of the Taliban's income. The Americans, it turns out, are funding both sides of the war." 

After Filkins' piece was published in 2011 in the New Yorker Magazine, which has over a million readers, there was silence from all quarters. Even veterans groups were unmoved by news that thousands of American troops were killed or wounded fighting a fake war. Nor have feminist groups appeared to take notice that a regime which, with Iran's, is one of the two most repressive of women in the world, was enabled by "liberal" administrations under Clinton, Obama and Biden. Who needs Big Brother to censor the news when no one cares anyway?

Because of this indifference, I don't anticipate interference with my own free speech, just as the other estimated 20 million bloggers in the world are left to spout as they please.  Who cares?  The reading audience is so fragmented that nothing like an effective political response to the current flood of uncensored, public information, no matter how concerning, can emerge.  

Back to privacy, without a real Fourth Amendment (i.e. one that has to be obeyed) the Founding Fathers are out of the picture, and we are back to square one.  The time may come when people miss their privacy rights. At the moment we haven't noticed they are gone.

Wednesday, September 13, 2023

Why I quit politics

Reposted from Andrei Codrescu's journal, Exquisite Corpse: http://www.corpse.org/archives/issue_12/clash/lasken.html


Of course you have to do something before you can quit it.  I was a novice politician for almost a year in 1993, when I ran for a seat on the Los Angeles Unified School District's board.   I walked door to door, badgered people on the street, debated my opponent at public forums and on T.V.  I talked to newspapers, gave them statements, bios, photos. My opponent, the incumbent, was well connected in Democratic circles through his political family.

From the start I had dumb luck.  Most importantly, the teachers union, United Teachers of Los Angeles, declined to make an endorsement in our race, although they had supported the incumbent in his first campaign.  I would have been dead in the water against them.

I also had luck in packaging.  I was a classroom teacher, and this turned out to be a greatly saleable ballot label against my opponent's "Board member" (political operatives know about this and will scrounge to find any past connection between the classroom and their candidates).

I stumbled into a lucky situation with a political sign company.  The first company I approached, a major one in L.A., had been stiffed by a series of candidates and was reluctant to commit to me. My father had loaned me two thousand dollars for my campaign, and I blurted that I would pay this up front with a cashier's check.  Within two days hundreds of signs saying "Keep Askin' for Lasken" were all over the turf in contention (so called Region 5, the western edge of the city running north from Westchester to Chatsworth).  Compounding this beginner's luck was what I found to be a striking naivety in seemingly sophisticated people.  For instance, a school administrator, a follower of news and an activist in neighborhood politics, told me, in reference to the signs, that she had no idea I had so much "support."

My timing with the issues was lucky.  The opinion in the San Fernando Valley was almost entirely for breaking up the giant Los Angeles Unified School District (second largest in the country after New York's), and the west San Fernando Valley, the part in Region 5, was the most intensely pro-breakup.  The incumbent was not in a position to support breakup, and I had supported it for years.

The issue of bilingual education worked in my favor.  Though I supported California's efforts to help non-English speaking children with native language support, I was opposed to the withholding of English language instruction until higher grades.  This played well with voters, anticipating the landslide passage five years later of state Proposition 227, which mandated English language instruction in addition to native language support.  Newspaper editors (in particular L.A. Times opinion editor Jack Miles, author of "God, a Biography") liked the topic, and I was able to publish a series of op-eds in the Los Angeles Times, as well as the Los Angeles Daily News, Los Angeles Magazine, New York Times and others on bilingual education.  The pieces in the L.A. Times appeared during the campaign.

One week before the election I got a call from a pro-choice organization.  They had been planning to send thousands of mailers in support of the incumbent because he had paid them a sizable fee and, of course, was pro-choice.  I had only evinced the latter virtue. It happened that someone in the incumbent's campaign had angered them, and they had decided to support me in the mailer for free.

Topping off my luck, I won a raffle that placed my name first among the seven candidates.  The effect of "1. Doug Lasken-Teacher" was hard to beat as product placement.

The result of my luck: I received 36,000 votes, coming in second behind the incumbent's 50,000 ( turnout was large in this election because of the Riordan-Wu mayoral race).  Had I taken 1% more of his vote, we would have been in a run-off.  The day after the election the L.A. Times referred to "...newcomer Doug Lasken's surprising showing."

I remember standing at a newsstand off Hollywood Boulevard at 6:00a.m. reading, with trembling hands, the Times' hopeful obituary.  Something sank inside me.  The Doors '"This is the End" comes to mind.  I knew I would not "capitalize" on my dumb luck, but I did not know why.  I did not know why I had, at that moment, quit politics.

Well, perhaps what I didn't know was how to say it.  I'm going to try again now: Politicians can't say, "I don't know."

Politicians, in fact, can't say much at all of what they think.  Well "Duh,"you say. Yes, but when you're in a political situation where you're setting yourself up as the person who knows what's best, who has an answer to complex problems, there's a certain poignancy that comes with the knowledge that you're constructing a facade, a veil of words that sounds right, while the much vaunted human cortex watches as from the end of a long tunnel.

The above mental state was produced by certain types of questions, such as, "How would you increase test scores?" There is familiar boilerplate for such questions: "Every student must receive quality instruction...We must have accountability and standards... Education must be our number one priority...", etc.  Not that there is anything incorrect in such sentiments, but if they contained any important policy ideas we would be experiencing a much larger number of high scoring children.  I did my best to sling a few slogans, and I used the English language instruction and breakup issues with some effect, but my brain was uncomfortable, my speech somewhat hesitant, and this perhaps cost me the 1% and the runoff.

Delving deeper into my uncooperative mind, I found something truly scary.  It's not just that I wasn't in a position to say what I really thought about raising test scores.  My hands hover now above the keyboard, waiting for a sign.  No sign comes.  Some muse has got me this far, but at the crucial moment she stands silent.

What the hell, here goes.  Well you see, the thing is... I didn't really know how to raise test scores.  I did believe that breaking up the district might improve efficiency, and that teaching English would improve English skills, but I wasn't completely sure test scores would go up significantly as a result.  After all, when we talk about raising test scores we're not just talking about a few higher scores; we're talking about real improvement in children's intellectual abilities.  How do you get fifth graders in large numbers to know their times-tables, and remember them into secondary school?  How do you get secondary students in large numbers to read books, really read them, from beginning to end?  Why would a few corrective policy changes produce such profound educational outcomes?

Hindsight has justified the hesitation I felt during my campaign. Proposition 227 reinstated English instruction. A well funded "Standards" movement took hold in California and in much of the rest of the country, accompanied by millions of dollars in new textbooks and teacher training.  There has been math reform, with renewed emphasis on basics.  These reforms have helped a lot of kids, but they have not "raised test scores" in a meaningful sense.  In other words, although there have been small jumps in scores, there is no systemic, widespread change in our students.  If you walk into a California classroom at random you are unlikely to find kids who can read well, or want to read, or who do math with the facility you find in Asia.  Nor will you find this two years from now, or four years from now.  It's not happening and it's not going to happen.

Why not?  Because the discussion is political, and therefore incomplete.  Standards are important, and logical instruction is important.  But those are the easy parts.

Back to the reporter asking me how I would raise test scores.  Let's say a cosmic force had ordered me to tell the truth.  What would I have said?  I might have stammered, "Well... I'm not sure."  The standard reporter's brain would then have closed my file, stamping "loser" on it.  But if the cosmic force could get everyone to wait a bit, I could have given a decent answer.  The discussion might have gone something like this:

Me: Well, we have a fundamental disconnect between our media based culture and the school setting.  Virtually every kid is taught by the media to gaze at colored images which ridicule schools and teachers.  We have nothing effective to counter this.  We have not figured out a modern motivation for students.  The U.S. is one of the few countries in the world that has ruled out physical pain as an educational tool.  We do rely on the psychological pain implicit in grades, but because of grade inflation, rampant from kindergarten through graduate school, and the glorification in the media of school failure, grades alone have become a weak motivator for all but a few students.

Reporter: So you advocate beating our students?

Me: Of course not.

Reporter: Then what do you advocate?

Me: We've forgotten economic incentive.

Reporter: For teenagers?

Me: Yes.  Our surplus based society has extended childhood, resulting in dependence on parents at later ages, but teenagers are in their physical and intellectual prime, and will remain so into their twenties.  They are designed to create and work, but the automation that gave us our surplus has resulted in a more seriously underemployed society than we like to admit.  There are over 100,000 gang members in L.A., but there are not 100,000 jobs for them, even menial ones.  The standard curriculum in high school does not relate directly to visible jobs.  Perhaps shop and computer classes do, but the thousands of jobs it would take to rationalize that curriculum do not exist.  Honors students, the handful of clever kids who know how they will work the system, put up with non job-related curricula because they see a path to employment based on grades and general literacy, but they too must wait.  It is arguable that one of the purposes of secondary school is to serve as a holding facility to keep teenagers out of the job market.  The first several years of college may serve the same purpose.

Reporter: So...you would propose.....?

Me: Well, somehow we need to have an economy that can absorb many more teenagers and people in their early twenties, and a school system that clearly feeds into this economy. But our technology, automation, may have made this impossible.

Reporter: How do you propose to remedy this?

Me (after very long pause): I don't know.

End of dialogue, and career.  Even an answer like, "We will have to replace our world economy, built up in haphazard form over three hundred years of industrial revolution, with a completely new, rationally organized economy", impractical as it might be as a campaign position, would be better than "I don't know."  Anything is better than "I don't know."

It might seem strange to an extraterrestrial visitor from an advanced civilization that we have no place in our public discourse for "I don't know," since we so often, clearly, don't know, but it's basic human psychology at work.  Management theorists have shown that leaders get approval for making decisions, for being decisive, regardless of the results (advice routinely followed by politicians). This is understandable given the human condition.  We really don't know what we are supposed to do on this earth, or even if we are supposed to do something.  If our leaders admitted this in public, society at large might collapse in terror.  Still though, it can be something of a hindrance to problem solving to maintain at all times that soothing platitudes are solutions.

So after a refreshing brush with the fast lane, I returned, sober but wiser, to the classroom, where I find I can say "I don't know" a lot, to students, to parents, to my colleagues, and they don't seem to mind.  Hey wait a minute, these people vote, or will vote...Hmmm.

 

ISIS: A virtual reality

[This piece is reposted from 4/9/22, updated in the context of Israel vs. Hamas and Ukraine vs. Russia, with reference to the recent ISIS...