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naraburns

nihil supernum

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naraburns

nihil supernum

8 followers   follows 0 users   joined 2022 September 04 19:20:03 UTC

					

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User ID: 100

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Content advisory: untagged spoilers for like a dozen movies below!

The other day I watched A Man Called Otto, Tom Hanks' 2022 remake of a Swedish movie (En man som heter Ove, based on a book of the same name) about an elderly man whose suicide attempt is interrupted by an Iranian immigrant, who gradually teaches him to live again. The Hanks edition hits a variety of CW notes; the Iranian is replaced with a Hispanic woman, the Swedish ending depicting Ove's reunion with his deceased wife in the afterlife is gone, and a homosexual character is replaced with a trans character (hashtag-gay-erasure). But there is one CW note in particular that really stood out to me. At the end of the movie, Otto dies and leaves his house and his car to the Hispanic woman, as well as enough money to fund the education of her three Hispanic children.

Maybe this would not have stood out to me had I not coincidentally recently re-watched the 2013's middling dystopic sci-fi, Elysium. If you've not seen this one, it is a story about an unusually talented blue collar laborer played by Matt Damon, presumably because everyone liked him as an unusually talented blue collar laborer in Stillwater, Good Will Hunting, and, uh, that artist guy in Titanic maybe? (Kidding!) Anyway this time blue-collared Matt lives in a Los Angeles peopled entirely by Mexicans (except for him), who spend most of their time trying to cross the border of space (illegally) so they can get high-tech medical treatment aboard the space station where all the billionaires moved when Earth got too crowded or warm or, who knows. For unimportant reasons, Matt finds that he's dying, so he goes to his coyote uh human trafficker spaceship launching ex (crime) boss to... Jesus Christ, who wrote this movie? Anyway, the moral of the story is that Matt gives his life to save the life of a young Hispanic girl while also making everyone on Earth a "citizen" so that suddenly the boundless healthcare resources the billionaires have been hoarding for no reason at all can be immediately deployed to cure all illness on Earth, the end.

So this got me thinking about other movies I've seen with the same central beat: selfish single white male with nothing to lose learns to care again by temporarily filling the role of mentor or savior to a not-white young person, then gives (often, loses) everything so the not-white youngster can inherit a brighter future. Gran Torino (2008). Snowpiercer (2013).

But while many lists of "problematic white savior" movies include these titles, I feel like there's a distinction to be drawn where the not-white character is treated as a successor, rather than as a success. In Finding Forrester (2000), there's a not-white successor, but the "white savior" doesn't especially give anything up. In The Blind Side (2009) the "white savior" isn't looking for a successor (despite the professed concerns of the NCAA).

And I don't think that it's quite the same phenomenon as "expendable man dies for the woman he loves." Never mind that I already mentioned Titanic (1997)--the Bond movie No Time To Die (2021) might be what I'm talking about if Bond had died to save Nomi instead of Madeleine, but (to the best of my recollection!) he did not. I suppose Luke Skywalker biting it to preserve Palpatine's bloodline might be an example of what I'm talking about--definitely would if Rey was not-white, and definitely would if the sequels had focused more on Finn becoming a Jedi.

So I feel like I've identified four clear examples of the trope I'm spotting (to review: A Man Called Otto, Elysium, Gran Torino, Snowpiercer). I know better than to expect TVTropes to have a "non-straight-white-hypercapable-male successor" trope, but I did look around and do not think that Changing of the Guard, Take Up My Sword, Taking Up the Mantle, White Man's Burden, or similar tropes quite apply. Likewise, many people will identify the trope I have in mind as a (correspondingly problematic) "white savior" story, except that most "white savior" stories aren't BIPOC successor stories. Rather, this is taking the expendability of men--long a cultural staple in the West--and mixing it up with a not-even-remotely-subtle hint at White Replacement.

I think the reason I even noticed the pattern is that I have a long fascination with Rudyard Kipling's infamous poem, "The White Man's Burden." Specifically, the people I know who regard the poem as highly racist almost always also talk a great deal about "privilege," without ever seeming to notice the noblesse oblige implied by the idea of checking that privilege. There seems to be a deeply unresolved contradiction in "woke" spaces, whereby whites are simultaneously obligated to elevate others, and forbidden from even imagining they have the capacity to do so. In the trope I'm trying to track, the acceptable excuse seems to be that the (grizzled, lonely, etc.) white man gets something from the successor, namely a "new lease on life," such that he can then return the favor by then literally dying and dedicating his entire legacy to assure the future of someone else's children, children who are not even his co-ethnics.

(TVTropes does have a Cuckold page, but this is also not quite what I'm talking about... I think!)

So here are your discussion questions for the day:

  1. Is there a name for this trope already? Have I missed a TVTropes pages somewhere? A RibbonFarm article? An obscure media studies dissertation?

  2. I can't watch every movie, or even remember all the movies I've watched. Can you think of any other movies/TV shows/other media to add to the four I've identified?

  3. I also can't think of any inverted examples. Can you think of any media in which the trope is inverted? How often do hypercompetent heroes "of color" learn to love whites and then give up their lives to ensure that several white children can afford to go to college? (Does the Wizard from Shazam! count, maybe, kinda?)

  4. Perhaps most importantly... is there any possibility at all that the phenomenon isn't blatantly deliberate agenda-pushing?

Naturally, you are not limited to these questions--this is a discussion board, not a MOOC. But I've managed to stump myself so I'm interested in what you all make of this.

Boise Pride cancels "Drag Kids" event after a number of sponsors withdrew, with a predictable dose of corporate doublespeak.

I have a lot of thoughts about this, but what is actually bothering me most right now is the coverage. Particularly this gem:

Several opponents of the festival on social media repeatedly referred to supporters as “groomers” – a nod to the unfounded QAnon conspiracy theory that Democrats and the elite run an underground pedophilic, satanic, sex cult.

As far as I can tell, this is a publicly-funded news organization actively spreading outright disinformation--FUD, really--about the term "groomer." It reminds me of when "cultural Marxism" became an "anti-Semitic conspiracy theory" practically overnight (no big deal, the term "critical theory" recaptured the energy). It reminds me of the sudden fluidity of online dictionary definitions every time a Democrat politician tells an obvious lie. It reminds me of Clarence Thomas being referred to by Harry Reid as a white man.

"Groomer" is effective rhetoric, so I can understand why certain groups want it killed. But like... how is "Drag Kids" even remotely plausibly not grooming? Some of the talking points I see floating on Twitter are, like, "What about child beauty pageants?" But this moves me not a single iota--I hate child beauty pageants for exactly the same reason. It's weird! It's creepy! Or to put it in less emotionally-charged terms: it's not something kids do, when they grow up in loving, healthy, stable environments. At best it's a symptom of deeper troubles; at worst, it's a direct cause of some of those troubles. I mean, yes, emotional and physical and sexual abuse, but also just long term psychological problems. Have you seen the stats on child movie stars? Olympic athletes? I don't think it's necessarily fair to insist that we strip away the culture war angles entirely, but if I'm steelmanning "Drag Kids" the best I can come up with is "this is a new manifestation of an old and widespread form of child abuse, namely, using children for adult entertainment, often by putting inappropriate pressure on them to participate." Are we really going to say Hollywood isn't rife with child abuse? (Hmm, they're also mostly Democrats...) And when someone says "Drag Kids is sexualizing children" only to be met with "no, you're making it sexual, you right-wing pervert, we're just having silly fun"--it's maddening. Like, really? I'm supposed to believe that you're putting your kid in a leather thong for silly fun? Be serious. If that's not grooming, nothing is.

Am I ranting? This feels pretty ranty. But I do have a serious question. What's the appropriate mistake-theory response to strategic abuses of language? How should I react, if not with ranting, to a transparent attempt to tar people who clearly want to protect children from manifest harms as mere conspiracy theorists? I am a bit old school, I learned to hate the phrase "think of the children" before many of you were born, but surely sometimes we do, in fact, need to protect children. Not incorporating child-sexualizing events into our civic religion seems like a pretty obvious way to do that.

And, I suppose, someone will point out that Boise Pride's "Drag Kids" grooming hour did indeed get canceled! The system works! The subtext there being--what am I complaining about? Well, in brief, I'm still complaining about the news coverage, which has very big "Republicans pounce" energy. I would like to be able to seriously criticize that sort of thing without actively culture warring, but I don't feel like I have a lot of good mistake-theory tools to respond with. Maybe that's the point, I guess--to try to maneuver people into a position where they feel sheepish for acting like an "aggressor" in the face of kids having "silly fun." Which seems, to me, like an especially evil way of being a conflict theorist.

Can we talk about Rebekah Jones? Should we? I'm honestly incredibly conflicted about these questions. One of the rules of the Motte is that we shouldn't weakman:

There are literally millions of people on either side of every major conflict, and finding that one of them is doing something wrong or thoughtless proves nothing and adds nothing to the conversation. We want to engage with the best ideas on either side of any issue, not the worst.

Discussing Jones feels like walking a tightrope (called "meaningful cultural and political issues") that has been strung over an open toxic waste pit (called "are my political opponents just mentally ill?"). Out of sheer both-sides-ism I want to say "there are surely equally bizarre figures in right wing politics" but I can't actually find any. The best I can do is to say, suppose you combined Marjorie Taylor Greene's extremism with George Santos' fabulism, then made the resulting chimera guilty of the things Matt Gaetz was only ever rumored to have been guilty of doing--that would get you pretty close to Jones, I think. Except that MTG and Santos and Gaetz aren't darlings of reddit and don't command fawning loyalty from major media outlets, which Jones also does.

As a refresher, I first learned of Jones back in the old subreddit, when someone posted about her COVID activism. I don't remember when I learned of her criminal activities, but to simply quote the Wikipedia:

Jones has had prior criminal charges. At the time the search warrant was executed, Jones was facing an active misdemeanor charge on allegations of cyberstalking a former student of hers who was a romantic partner and publishing sexual details about their relationship online. She was fired from her Florida State University teaching position for threatening to give a failing grade to her romantic partner's roommate. She faced prior charges including felony robbery, trespass, and contempt of court stemming from an alleged violation of a domestic violence restraining order related to the same ex-boyfriend, but those charges were dropped. In 2017, she had been arrested and charged with criminal mischief in the vandalism of his car, but the charges were dropped.

Jones faced criminal charges in Louisiana in 2016 where she was arrested and charged by the LSU Police Department with one count each of battery on a police officer and remaining after forbidden and two counts of resisting arrest after refusing to vacate a Louisiana State University office upon being dismissed from her staff position.

Jones went on to say she was going to run for office in Maryland (IIRC), but when that didn't pan out for unclear reasons, she returned to Florida. I don't know how much she has received in crowdfunding from the anti-DeSantis crowd at this point, but two early efforts pulled over half a million dollars. Jones has continued to hold herself out as a "whistleblower," specifically against the DeSantis administration in Florida, even though these claims appear pretty thoroughly debunked.

"Aha!" You might say. "PolitiFact leans left, and debunks Jones, so even the Left is willing to disavow this nut!"

Sure, maybe, to some extent. She went on to win the 2022 Democrat primary to challenge Matt Gaetz for his seat in the House of Representatives, so at least 16,000 Democrats still preferred Jones to someone with an actual legal education and genuinely relevant experience. And yes--by this logic, some 50,000 Republicans preferred the candidate who was under investigation for sex trafficking minors! It's baffling, I agree. But this is one of those "meaningful cultural and political issues" I mentioned--the only way I can make sense of any of this is to take a deep breath and remind myself that most people lack anything approaching coherent principles, they don't care about these details--they only care to win.

Anyway, that's all just the background!

This morning I woke up with this in my feeds.

If you don't want to read "WhitePeopleTwitter" (and I wouldn't blame you), it is a tweet from Rebekah Jones, followed by others, which I have partly reproduced here:

Today's events will tell a story so enraging, heartbreaking and brutal that I'm sure when I'm ready to tell it, no one will ever defend the Florida governor's actions again.

My family is not safe. My son has been taken on the gov's orders, and I've had to send my husband and daughter out of state for their safety.

THIS is the reality of living in DeSantis' Florida.

There is no freedom here. Only retaliatory rule by a fascist who wishes to be king

A week after we filed our lawsuit against the state, a kid claiming to be the cousin of one of my son's classmates joined their snapchat group. They recorded their conversations, and anonymously reported my son to police for sharing a popular internet meme.

They said they had to complete a threat assessment since they received an anon complaint, which both the local cops and the school signed off on as not being a threat. The kids were joking about cops and video games, which included this meme: [pic of a fat cop with text about waiting for a school shooter to commit suicide]

Two weeks later, bringing us to earlier today, an officer told me the state issued a warrant for my son's arrest for "digital threats of terrorism."

I asked on whose orders. The officer said it was the state.

They aren't letting him come home tonight. They kidnapped my son.

I had to get my husband and daughter out of here because CPS now interprets my home as dangerous because they've charged my 13 year old son with a felony for sharing a meme.

Naturally, Jones also provides links to her crowdfunding platforms of choice. The reddit "discussion" is... predictable? Outrage, occasional people (mostly, but not always, downvoted) asking whether this is legit, very few people posting actual information. Well, proles gonna prole I guess. But the headline in the Miami Herald?

13-year-old son of Rebekah Jones, whistleblower who clashed with DeSantis, arrested over memes

So, that sounds bad! But is it really why he was arrested? In fact it is not. He was arrested for posting stuff like this:

I want to shoot up the school.

If I get a gun I’m gonna shoot up hnms lol.

I’m getting a wrath and natural selection shirt so maybe but I don’t think many ppl know what the columbine shooters look like.

Okay so it’s been like 3-4 weeks since I got on my new antidepressants and they aren’t working but they’re suppose to by now so I have no hope in getting better so why not kill the losers at school.

Does your plug have access to guns?

I always keep a knife on me so maybe I'll just stab people idk

As this information was coming out, Jones added to her tweetstorm:

I've been in contact with members of the press whom I trust. They have the videos of the police at my house, of my son being put in handcuffs, of the officer refusing to let us give him his medication, of my 13 year old autistic kid who can't stand to be touched having to spread his legs before going into the back seat of a police car. All of it.

I haven't been given any documents from the state or police. I asked to take a picture of the paperwork and was told no. All they would tell me was the charge. They didn't even read him his rights when they arrested him.

I'm going to the courthouse today. When we're cleared to, we'll join my family out of state.

And aside to get our things, I'm only coming back to see these people in court.

It's not clear when these events are supposed to have occurred; Max Nordau shared video of Jones delivering her son to the police station. Rather, as this tweet suggests, it appears that "Rebekah Jones tried to blame DeSantis and RAISE MONEY off law enforcement stopping a possible school shooting."

I don't know what Jones' problem ultimately is. Narcissism? Paranoia? DeSantis Derangement Syndrome? That she is a habitual fabulist is well-established. That she has profited substantially from vocal opposition to all things DeSantis is a matter of public record. She is a sufficiently shady known quantity that most really big national news outlets seem reluctant to continue signal-boosting her, but the Miami Herald (by circulation, reportedly Florida's seventh-largest paper) still seems happy to run false headlines at her mere behest.

This seems discussion-worthy, and yet part of me wants to just not even post about it because it seems wrong, somehow, to even discuss Rebekah Jones. Giving her any attention at all feels a bit like encouraging a delusional person to persist in their delusions; she clearly wants notoriety, she doesn't seem capable of handling notoriety in a healthy way, surely it would be best to just stop paying attention to her?

But also, this is a kid talking about doing violence at school, with guns or knives. Is narcissism hereditary? Did his home environment contribute to this? [CONTINUED BELOW]

Twitch allowing more nudity after disproportionately banning female streamers. Twitch confirmed its policy banning nudity was sexist.

Of course, on seeing this news I immediately wondered why it would count as "punishing" women to prevent them from doing something men don't generally have the option of doing (that is, making money by flashing breasts). Why don't we say it "levels the playing field" to prevent women from using their sex appeal to crush their competitors on a gaming platform? I was going to do a great Simpsons callback and everything, "Twitch became a hardcore pornography platform so gradually I didn't even notice," I had this whole post I was going to write about the sexual appeal of females versus males, maybe do a little amateur evo-psych ("as a treat!")--

--and then the whiplash hit.

Twitch Reverses Policy Allowing ‘Artistic Nudity,’ Citing AI’s Ability to Create Realistic Images

Here is Twitch's reversal of its... reversal? The meat is straightforward:

Moving forward, depictions of real or fictional nudity won’t be allowed on Twitch, regardless of the medium. This restriction does not apply to Mature-rated games.

I guess someone realized that if you allow streamers to turn your site into OnlyFans with Vidya, then the women are going to drop their tops and the men are going to just... use filters? (I don't actually know, I don't use Twitch because I play video games and have no interest in watching others do so, but I am decrepit and out of touch so whatever. I have an Amazon Prime account so sometimes I pop over to Twitch if there's an incentive or something but otherwise it's a mystery to me.)

Now I'm left pondering the apparent Fisherian runaway of human beings trying to become--virtually, at least--teenage-presenting (cat?)girls as quickly as possible. I hadn't previously considered the impact of AI on parasocial human relationships, and now I'm having a hard time considering anything else. But I also have to wonder--is the new policy re-sexist? Will it make any difference at all?

EDIT: From the helpful comments below, today I learned that Twitch is not just a video game streaming site, but also streams other activities like art creation; that the AI nudity concerns are not limited to filters/avatars but to art being produced on Twitch; and that Twitch's reverse-course was likely driven at least as much by AI "nudification" concerns as anything. I remain interested in the thought processes that led to the first change-in-policy, and in knowing what (if anything) actually happened on the server side to cause the rapid about-face! But I appreciate having the bits I did not understand explained to me.

What in the fresh hell, Pennsylvania?

Has the Motte discussed John Fetterman? If so, I missed it... I admit there are enough races I'm watching across the country that it is hard to keep track of them all. But in case you, too, have missed it, John Fetterman is the Democratic candidate for the seat of outgoing Senator Pat Toomey, one of 7 Republican senators who voted to convict Donald Trump in his second impeachment circus. Seven days before winning the Primary, John Fetterman had a stroke.

I am not a medical doctor. For all I know, Fetterman will make a full recovery, eventually. But as of right now, the guy is one step above monosyllabic. Which made tonight's debate absolutely excruciating to watch. Over the course of the night, PredictIt shifted ten cents in favor of Fetterman's opponent, the Wizard of Mehmet Oz. And yet most media accounts of the debate are steadfastly reporting only the substance, such as it was. No surprise--the media has been carrying water for Fetterman for weeks. But like... really? You can't report a single sentence saying, "Fetterman was clearly not up to the task." Watching people hit Twitter to unironically praise him for "doing really well, for a stroke victim!" is shocking. The level of partisanship required to vote for Fetterman at this point simply boggles the mind. On the flip side, #Festerman was briefly trending on Twitter before (I presume) someone elbowed their censors.

Of course, we can trust our outspoken President to just tell it like it is. Perhaps President Biden understands better than anyone, given the possibility that he, too, might simply be functioning as a sock puppet for the Democratic establishment. The counterargument that criticizing Fetterman's cognition is some kind of "ableism" is just hollow. This is not a man who can do the job of Senator, at least not right now, and to pretend otherwise just seems exploitative to me. (And calling that a "bad faith" argument seems willfully ignorant. The man can barely speak, that's much more than an "auditory processing" problem.)

Of course, voting has been open for a month in Pennsylvania, and the state has already declared its intention to turn a blind eye to a recent U.S. Supreme Court ruling as it counts undated ballots. So in addition to potentially electing someone with the mental faculties of a young child to high federal office, Pennsylvania is also setting up a judicial crisis for its election process.

And all because Oz is, well, a Trumpist. If this is what midterms look like, 2024 is going to be... just something else. I can't even imagine. It's simply too much.

Don't sleep on this excellent Caplan piece. The man is a national treasure.

In "Lawsuits are the Hitman of the State," Caplan makes the case that the Texas "Heartbeat Act" is functionally equivalent to workplace discrimination laws that punish racist or sexist remarks.

(One thing I would be interested to see further discussion from Caplan on is the development of the idea that having a "job" is a "right," but he doesn't go into that in this piece. Basically, the Constitution is a document of enumerated powers, meaning the federal government can't--in theory--do anything the Constitution doesn't explicitly allow it to do. But the judicially-crafted breadth of the Fourteenth Amendment, combined with loose interpretation of the Commerce and Tax-and-Spend clauses, metastasized through the 20th century into today's rather grabby American legal system. This has given rise to the idea that you haven't just got a right to your own labor, but that you have a right to personally profit from other people's capital, at their expense, even if you contribute nothing of value to the enterprise.)

Something I really like about Caplan is how concise he manages to be while making absolutely cutting points:

The government starts with the blatantly illegal goal of banning “bigots from expressing their opinions in a way that abuses or offends their co-workers.” Then instead of respecting those limits, the government’s judicial branch gets creative: “Murder’s illegal? Fine, we’ll hire hitmen instead.” By affirming liability, it dangles piles of cash in front of potential plaintiffs to terrorize employers into banning what the government, legally, must allow.

Precedent on what counts as "government action" is remarkably unhelpful in understanding these things. Georgia v. McCollum (1992) is all about how a defendant in voir dire acts as an organ of the state when they select their own jury, and therefore are forbidden from considering race when seeking to exclude potential jurors. This, even though in virtually every other regard, as Justice O'Connor then noted, "our [past] decisions specifically establish that criminal defendants and their lawyers are not government actors when they perform traditional trial functions." Whether any particular action counts as "government action" proscribed by the Fourteenth Amendment does not seem to depend at all on who actually took the action, in other words, but only on how the Court wants the case to come out.

So I think Caplan is dead on, here--the Civil Rights movement basically shredded any kind of principled interpretation of the Fourteenth Amendment, in pursuit of socially-engineered results.

Lots of big Supreme Court decisions this week, all important in various ways--none, if you ask me, likely to be nearly as impactful as imagined by either their proponents or opponents. But I was struck by a particular take on the religious freedom in commerce case that I saw popping up in a few places today.

Colorado web designer told Supreme Court a man sought her services for his same-sex wedding. He says he didn’t – and he’s straight

Very roughly, here's the deal: American courts can only decide "cases and controversies." This is a procedural thing, basically you need a plaintiff who has actually been harmed in some cognizable way before you can file a lawsuit. Sometimes this means you need someone willing to engage in a little civil disobedience, breaking the law for the express purpose of getting prosecuted. "Plaintiff shopping" is something activist lawyers have been doing for centuries. But to layfolk this can look a little suspicious, in much the way that forum shopping can seem suspicious. In fact American law is mostly indifferent to this kind of gamesmanship, and in some cases we even regard it as a clever thing to do (at least, when our ingroup pulls it off).

The CNN story presents itself as a "just the facts" observation that--hey, here's a party to the facts of this case who claims he didn't do what the record says he did! Isn't that interesting? Gosh, how "concerning," he says! Nobody even thought to contact him in six years!

"I don’t necessarily think that would be a tipping point in this case at all, but at the very least … a case of this magnitude should be corroborated, should be fact checked along the way."

No one is saying this changes anything, oh, no! Just, isn't it suspicious? (Is that... winking I hear?) Well, regardless, Stewart is only identified by his first name; CNN was able to contact him "through information in court filings." Although, in another funny coincidence,

Stewart, who previously worked for CNN, said that he is a web designer himself...

Now, CNN is only a mid-sized comedy troupe, but it does rival some legitimate news organizations in size and scope. Still, what are the odds, huh?

I've got several friends in my social feeds sharing the story, now, making snide remarks about how Lorie Smith clearly ginned up this whole case out of nothing. Of course, the CNN story doesn't actually say that; it just reminds the reader how suspicious it is for a plaintiff to have, shall we say, gussied up their case.

But the point of this post is not to take the piss out of CNN. Rather, what struck me was one other remarkable coincidence. There is another incredibly famous LGB rights case from the Supreme Court in which the actual facts of the case are completely irrelevant to the holding: Lawrence v. Texas.

That link is to a New Yorker article called "Extreme Makeover." If you're not familiar with Lawrence v. Texas, this was the 2003 SCOTUS case in which Justice Kennedy declared that the government has no business telling you who you can have sex with, as long as it's consensual and you're in the privacy of your home. Much like the later Obergefell case, Kennedy's opinion in Lawrence is packed with paeans to the sanctity of love and the primacy of intimacy--so packed, indeed, that there is essentially no room for coherent legal analysis! But here's the crazy bit:

There was no gay sex in Lawrence. Indeed, there was no gay couple in Lawrence.

The plaintiffs were gay men, charged under Texas' anti-sodomy statute. If you haven't heard the story, you really must read the New Yorker article. But in short, Lawrence and Garner were not together, sexually or otherwise, before or after the case. But since they were the two charged under the anti-sodomy statute, and activist lawyers wanted a case to take to the Supreme Court...

Each of the legal experts who were subsequently brought into the case knew instantly that it could end up at the high court. The challenge would be in finding a story about love and personal dignity to tell about Lawrence and Garner.

And so:

High-powered lawyers would represent Lawrence and Garner, as long as they agreed to stop saying they weren’t guilty and instead entered a “no contest” plea. By doing so, the two were promised relative personal privacy, and given a chance to become a part of gay-civil-rights history. The cause was greater than the facts themselves. Lawrence and Garner understood that they were being asked to keep the dirty secret that there was no dirty secret.

That’s the punch line: the case that affirmed the right of gay couples to have consensual sex in private spaces seems to have involved two men who were neither a couple nor having sex. In order to appeal to the conservative Justices on the high court, the story of a booze-soaked quarrel was repackaged as a love story. Nobody had to know that the gay-rights case of the century was actually about three or four men getting drunk in front of a television in a Harris County apartment decorated with bad James Dean erotica.

Perhaps better court-watchers than myself had some idea of what was going on, but I did not know anything about any of this until the New Yorker article ran nine years later. Does it make any difference? Well, maybe it makes you suspicious. Maybe not. Maybe you're thinking, "hmm, isn't tu quoque an informal fallacy?" Well, I'm not really staking a claim either way. I don't like forum shopping, I don't like plaintiff shopping, but I don't think I have anything like a thoroughly-developed account of why--it's more like a general distaste for gamesmanship. But without gamesmanship, American jurisprudence might scarcely exist at all! So I don't know.

But taking CNN's "just asking questions" article at face value, it makes me wonder where all the real gay people are, and why we can't seem to get a gay rights case in front of SCOTUS with parties who aren't being puppeted, Chicago-style. Okay, that's a bit of hyperbole, but still, two points form a line. So long as Congress remains sufficiently split that impeachment and amendments are off the table, the Supreme Court is the last word on American law. Why bother with the democratic process, if you can convince five unelected and unaccountable moral busybodies to make the law instead? All it takes is a bit of theater, apparently.

It doesn't necessarily end well for the puppets, of course--from the New Yorker again:

At a press conference after the decision was announced, Lawrence read a brief prepared statement and Garner said nothing. Some advocates hoped that Garner might have a career as a gay-rights spokesman. After he gave a drunken speech at a black-tie dinner in the plaintiffs’ honor, that idea was scratched. The case is called Lawrence v. Texas. John Lawrence died last November [2011]. Almost no one took note. Garner died five years earlier, at the age of thirty-nine. When Lambda Legal proved unable to raise funds for a proper memorial or burial, Harris County cremated him and sent his ashes home to his family in a plastic bag. There was no funeral.

I don't know what the moral of the story is. Being disillusioned with the legal process is nothing new or insightful. But this was what occurred to me when I read the CNN piece, and saw people sharing it around as proof positive of the Court's perfidy. No, silly people, the Court is not fundamentally deceptive. The Court is always and altogether--albeit willfully, like a moviegoer whose suspension of disbelief is essential to the process, like a wrestling fan whose kayfabe is the lifeblood of the art form--deceived.

Like many people, in the summer of 2016 I signed up for "Pokemon Go." I'd previously spent a couple of months playing Niantic's "Ingess" and though it got me out walking a bit, I lost interest in less than a year. I hoped Pokemon Go might help me re-gamify my preferred approach to light cardio. However, the game servers were apparently potatoes so after the first day, I never played again.

When the COVID pandemic hit, I took up walking again, and decided to give Pokemon Go another try. I was far from alone; the game's revenue went from $650 million in 2019 to over $900 million in 2020, only to drop off just as steeply in 2022. It did tend to keep me out walking longer than I otherwise might; I've now been playing the game for 30-60 minutes daily for a couple of years, in conjunction with my exercise regimen.

The game itself is aggressively mid. I've only played through one mainline Pokemon game (Diamond, if you care)--because I felt like I ought to have played through at least one Pokemon game, given their popularity. But I gather that if you're a real Pokemon afficionado, Pokemon Go ("PoGo") is borderline offensive in its implementation. The Pokemon formula is catch-and-brawl, but while the "catch" portion of PoGo is basically adequate, the "brawl" portion is genuinely terrible.

The explanation is, essentially, "Niantic." Ingress, the game on which PoGo was built, seems to have existed primarily to gamify pedestrian data collection for Google Maps. Niantic spun off of Google in 2015, but has kept its "data collection" DNA; one thing PoGo players can do to advance in the game is scan locations with their phone cameras and submit the info to Niantic. Publicly, Niantic is always talking about finding ways to improve the "get outside and gather with others" aspects of the game. Some changes made during the pandemic allowed players to gather more virtually, and these were hugely popular; when Niantic rolled these changes back, the playerbase revolted and Niantic partially restored the functions (while making them more expensive to use).

Well, this is all pretty boring corporate stupidity, so far. Not many serious culture war angles; it's a game targeted at Millennials and their kids, and it's barely playable outside of fairly densely-populated cities, and beyond that the company behind it had more "big data" DNA than "makes fun games" DNA. PoGo is successful, truly, in spite of itself. None of Niantic's other offerings have ever really taken off as they'd like.

And then today, everyone got new avatars.

Previously, the game had two base avatars--a male and a female. These had slightly different, but mostly overlapping, clothing options. Beyond that you could set hair, skin, and eye colors. You could freely switch between male and female.

There are several things I noticed immediately about the new avatar system. First, there is no longer any distinction between sexes. Rather, the system offers a number of body "presets" as well as a custom body slider. All of the bodies are monstrous; 75% are noticeably obese. The sliders do nothing to address this. All settings are vaguely androgynous; a slender female waist or strong male chest are simply out of the question. Many new faces and hairstyles are available (albeit none with facial hair), and all are creepy and doll-like.

Skin and hair color options have also changed. Most of the options are weird and strictly inferior to past options (avatars can no longer have striking red hair; a dull auburn is as close as it now gets). "White" skin comes in "pasty" or "jaundiced" only. But especially weird--the selection palettes appear to just be randomized. They do not cluster dark skin with other dark shades, or light skin with other light shades--it's just a mess of brown tones, in no particular order.

The clothing--most of which players must purchase using premium in-game currency--hangs oddly; every pair of pants looks like someone is wearing an overloaded diaper. Every shirt hangs like drapes. Previously "sexy" clothing now just looks ill-fitting; muscular male outfits are now vaguely flabby, curvy female outfits are flat or distended.

Discussion has raised a variety of points about Niantic possibly recycling assets to cut costs, or relying on AI conversions, or seeking to tap the Fortnite crowd with more Fortnite-esque physiques. Memes are dropping. Complaints are dropping. Waistlines are dropping. And dropping. And dropping.

Theories, too.

I don't know what will happen next. It doesn't matter very much to me, except insofar as I have a distinct preference against the new avatar system. But the culture war angle just seems so glaring. Perhaps because of the target demographic, though, I don't see a lot of discussion of it. I kind of assume that Niantic is ready to deploy the "racists and transphobes hate the PoGo update" press releases, though I haven't seen one yet. But basically everyone hates the body updates, even if they are glad to have more hair options. I think my favorite comment on reddit was here:

"As a nonbinary player I always wished they'd remove genderlocked customization"

One finger on my monkey's paw curls inward

It would also be interesting to know more about what's happening internally at Niantic--like if the work here was done by AI, or by diversity hires, or what. I've heard completely unverifiable rumors that Niantic management is outrageously out of touch with reality but also petrified to kill their golden goose, so it is hard for me to imagine them green-lighting these changes without culture war blinders on. But maybe they really are just terrible at their jobs?

Well, there's your tempest in today's teapot. Such a small thing! And yet so clearly intended to make the game less pleasant to the San Francisco outgroup. Perhaps I will rethink my position on the possible existence of microaggressions.

Uh, anyone in the UK willing-and-able to comment on this?

From my warped, media-driven perspective across the pond, like... it looks something like this.

  • Boris Johnson is a frighteningly intelligent person who managed to become PM and pull off Brexit, freeing the UK from the placid bureaucratic tyranny of Brussels but also from a variety of economically beneficial arrangements with the continent

  • During the COVID-19 pandemic, however, Boris Johnson ultimately failed to heed Dominic Cummings, turning about-face on a number of lockdown policies which Boris did not, apparently, regard himself as bound by (channeling a lot of U.S. Democrats here)

  • The economy, predictably, suffers; whether this is due to COVID, Brexit, both, or neither, is a question that will help many economics professors secure tenure

  • Maybe there is some philandering by someone important in here somewhere? Recollection vague...

  • A bunch of people resign from positions in Boris' administration

  • Liz Truss becomes PM

  • Six weeks later, someone gets manhandled in the Commons over a vote?

  • Liz Truss resigns as PM

  • Maybe Boris is coming back?

It's just not clear to me, at all, how Boris managed to get himself removed in the first place; it feels like he was removed for little tiny stupid stuff after massively succeeding on all the issues that genuinely mattered to him and his supporters. He apparently should have heeded Cummings on COVID (and perhaps many other things, too) and it looks like Boris reaped the consequences without actually learning his lesson. But Truss is apparently just wildly incompetent, or maybe she's just catching the blame for what is really Boris' economy?

What's really happening, there. Help me out.

If you have been even peripherally involved in higher education in the United States, then you've heard of Title IX. But if you haven't, here's the U.S. government's blurb:

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX is most famous for requiring equal athletic opportunities for men and women, without regard for whether this makes (among other things) any financial sense at all. But Title IX also imposes a variety of reporting requirements on college and university faculty and staff, such that essentially every campus has a Title IX Coordinator (or similar), and many campuses maintain entire offices of Title IX administrative staff. Do they do real, important work? I would argue virtually never--these are bullshit jobs par excellence--with one enormous caveat: they serve as a lightning rod for both civil liability and federal intervention.

(Well isn't that real and important, then? Yes, yes, it's a fair point. But I still think jobs that exist solely to push unnecessary government paperwork are inescapably bullshit jobs. Hiring government actors--executive and judicial--to punish universities for failing to meet politically-imposed quotas on social engineering goals, so that universities must hire administrators to give themselves cover, is the very picture of government stimulating the economy by paying one group of people to dig holes, and another group to follow behind them, filling the holes back up again. But this is not the point of my post.)

The Department of Education's Office of Civil Rights fields several thousand sex discrimination complaints every year. Less than 10,000, but close--the DoE's OCR fielded a record 9,498 complaints last year. But that's not the headline.

Here's the headline:

1 Person Lodged 7,339 Sex Discrimination Complaints With Ed Dept. Last Year

You probably read that right.* More than 77% of all sex discrimination complaints filed with the OCR are filed by a single person, at a rate of about 20 complaints per day--and this same individual was responsible for a similar number and percentage of complaints in 2016, and possibly other years as well. Of this person, the office says:

“This individual has been filing complaints for a very long time with OCR and they are sometimes founded ... It doesn’t have to be about their own experience [but] ... There’s not a lot I can tell you about the person.”

* I reserve the right to rapidly backtrack my commentary if it turns out that this "single person" being reported in their system is named "Anonymous" or "No Name Given" or something equally stupid. I am proceeding on the assumption that Catherine Lhamon is neither that stupid, nor being deliberately misleading, and that she did in fact say the things she is quoted here as saying. But I'm including this caveat because I still find it hard to believe that what is being reported is even possible. Part of me still thinks there must be some mistake.

On one hand, like... I'm kind of impressed? There's someone who has decided to make their mark on the world, clearly. That's some tenacity. On the other hand, what the fuck? Surely in any sane world someone would tell this person, "you are abusing the process, and we are going to change the rules to rate-limit your nonsense."

That is... well, not the plan, apparently:

The surge in complaints comes at a time when the agency faces significant challenges: It shrank from nearly 1,100 full-time equivalent staff in FY 1981 to 546 last year and is dealing with a host of issues that reflect the strain placed on schools and students by the pandemic.

Biden, in his March budget address, sought a 27% increase in funding — to $178 million — for the civil rights office to meet its goals. Lhamon, whose 2021 confirmation Senate Republicans tried to block, said she’s grateful for the president’s support and hopes Congress approves the increase.

In FY 1981 the office was still dealing with the fallout of the American government forcibly engineering feminist aims into higher education. At a current budget of $140 million (an average of $250,000 per employee), with very nearly half of its complaints (across all topics, not just sex discrimination) coming from a single individual, what is that additional $38 million supposed to accomplish?

It seems like no matter how dim my view of the federal government gets, there's always some new piece of information out there waiting to assure me that I've yet to grasp the depth of the graft, ineptitude, and corruption of Washington, D.C. I am skeptical that Title IX has accomplished anything of value that would not have been independently accomplished by market forces and social trends. But even if that's wrong, and the early days of Title IX were an important government intervention, I cannot imagine how this particular situation could possibly exist within a sane regulatory framework.

The Obama Factor

Ran across this lengthy piece in Tablet this week. I have a lot of thoughts about it, but the main one is that it is the first piece I've encountered that feels sufficiently removed from the Obama years to count as sufficiently distant to be a really good historical retrospective. Of course, that's not all it is! But it consists substantially of a conversation between two men who have impeccable liberal bona fides. David Garrow is a biographer of some repute, and his wide-ranging commentary here is priceless.

For my part, back in the day, I was bullish on Obama during the Democratic primaries, in part due to a rumor that he intended to tap Lawrence Lessig to do some intellectual property reform. Beneath the soaring oratory and the socialist populism, Obama seemed to me to get technology in a way that I thought it might be good for America's economic future. When he did things like appoint RIAA lawyers to top positions a lot of the old nerd guard felt betrayed, but looking back I think most were also profoundly incurious about that betrayal. Maybe because we're all just accustomed to politicians failing to live up to their promises? Only, I don't know that Obama made any clear promises along these lines, it was more that he spoke in promising ways, if that makes sense. It was a failure, not of promises, but of promise. Obama's failure to appoint the right tech people didn't make a lot of sense to me then, but modeling him as doing things he imagines winners do, rather than modeling him as someone with real ideological commitments, gets me there.

Likewise, the economic plight of black Americans actually worsened under Obama (e.g.), but I don't recall much discussion then about how Obama is not Black, i.e. is not a descendant of American slavery and did not even especially grow up with descendants of American slavery. This piece touches on that a fair bit.

There is also some fascinating stuff here re: MLK, and Clarence Thomas. It opens with a great exploration of Obama's fabulism, and touches on his dalliances with Marxism. It makes explicit the connection between Obama's courting of Iran, and his turning a blind eye to Syria. There are digs on Bibi and Putin, there's a brief discussion of Hitler. It all hangs together as a talk about the relationship between individual personalities and the sweep of political history.

I'd include some choice quotes but I don't want to focus the conversation any more than I already have. Every single word of this piece is worth reading, on my view, and I'd love to hear what others take from it.

tl;dr: Do any of you read Portugese?

I am having one of those moments where I feel like I must be losing my mind, because the alternative is that the world is even stupider than I already thought, which is just too depressing to countenance. I was doing some research on education for what are, ultimately, culture war purposes (I think parents are more important than teachers, and I think people to my political Left get this horribly wrong all the time) and I came across a citation that seemed potentially useful. I found it in this document (PDF warning) as both the title and on page one:

Politics are an important influence in schools; as Paulo Freire stated in his 1968 book Pedagogy of the Oppressed: “all education is political; teaching is never a neutral act” (p.19).

Now, any time I see a reference to critical theory from the 1960s, it piques my interest, because it has been my experience that a lot of people work very hard to obfuscate the origins of what is currently being called "Wokism," and used to be called "cultural Marxism" (not to be confused with the conspiracy theory that "Cultural Marxism" is an anti-Semitic conspiracy theory--I assume Paulo Freire was not a Jew, but I admit I do not know for sure). Anyway I immediately went looking for a copy of Paulo Freire's seminal work so I check the quote out in context. Fortunately, the author of the paper appears to be a music professor at McGill, so the citation is right there for my use!

Freire, P. (1972). Pedagogy of the oppressed. New York: Herder and Herder.

I fire up the Internet Archive and find a 1972 edition of the book (the UK printing, apparently) and turn to page 19, which... does not contain the quote. I pull up other editions--there's a 30th anniversary edition, a 50th anniversary edition, someone clearly regards this as an important text--and not only does the quote in question appear nowhere in these pages, but chunks like "education is political" or "neutral act" also return no results. Maybe the text search is wrong? Maybe the scan is bad? Hmm, no, a quick sampling finds the OCR did a bang-up job, actually.

Googling the full quote generates a number of results. The University of Sheffield's "Education Matters" blog gives the citation "Freire (1970: 19)." But no--the 1970 printing also lacks the quote. Dr. Fatima Nicdao (she/her) suggests it's actually (1968), but that's the Portugese date of publication, as near as I can tell. Anti-Racism in Higher Education: An Action Guide for Change is also pretty sure the quote appears on page 19, as does Reframing Assessment to Center Equity: Theories, Models, and Practices and Developing and Evaluating Quality Bilingual Practices in Higher Education, to name only three of the books that agree on this citation. You may notice that all of these books were published in the last two years.

At this point I'm thinking, "I've got to be missing something. Maybe I'm making this too difficult for myself. I haven't even checked Wikipedia!" There I find the following:

There is no such thing as a neutral education process. Education either functions as an instrument which is used to facilitate the integration of generations into the logic of the present system and bring about conformity to it, or it becomes the "practice of freedom", the means by which men and women deal critically with reality and discover how to participate in the transformation of their world.

— Jane Thompson, drawing on Paulo Freire

(emphasis added)

At this point I am feeling increasingly confident that the quotation is spurious. Now, it seems pretty clear to me that Freire would agree with the quotation! I don't think any of these people are misrepresenting his view (though they might be oversimplifying it). I'm able to date the quote "teaching is never a neutral act" back as far as 1998, in a book entitled (of course) White Reign: Deploying Whiteness in America Similarly, "all education is political" goes back at least as far as a textbook from 1996:

What are some examples of Freire's idea that all education is political?

As an aside, page 181 of that textbook is also of historic interest, and reads as part of a chapter on "Teaching to Empower Minority Students":

The emphasis on empowerment is part of a broader educational development referred to as critical theory. Critical theory developed from Paolo Freire's work, a reconsideration of the work of Dewey, Henry Giroux, Peter McLaren, Lois Weis, Alma Flor Ada, Jim Cummins, Stanley Aronowitz, and others. The following concepts are central to critical theory, and are useful in trying to comprehend and analyze your own teaching experience.

(Here is the list, for the curious, with definitions elided.)

Consciousness ...

Culture ...

Domination ...

Empowerment ...

Ethics ...

Hegemony ...

Hidden Curriculum ...

Ideological Domination ...

Ideologies ...

Social Class ...

Social Construction of Knowledge ...

Anywhow, I am terminally crippled with self-doubt, and proving a negative is hard. Part of me is certain that the very first reply to this rant is going to be "oh here's a direct link to the page where he wrote that, you just missed it." But I cannot find any evidence at all that Paolo Freire ever actually wrote the sentence, "all education is political; teaching is never a neutral act." Certainly those words do not seem to appear in any English-language translation of anything he has written. Which, who cares, right? Spurious quotations are totally an Internet thing, Abraham Lincoln said so.

But I care, because now instead of finding an academically useful citation I've spent three hours going down the rabbit hole of a spurious quotation. How can so many people be publishing stuff with this quote in it, and none of them paused long enough to check their source? I mean, I guess this is in the end just a particularly academic example of the old "too good to check." But I'm frustrated in part because none of the foregoing accomplishes what I actually intended to accomplish today, which was to make progress on a scholarly paper. There's no place for me to publish a peer-reviewed essay entitled "Spurious Quotations in Education Theory: Jesus Christ You Critical Theorists Are the Worst Academics Alive, Check Your God Damn Sources For Once, You're a Fucking Embarrassment to the Profession."

So please. Embarrass me, instead. Find evidence that Freire actually wrote the quoted phrase. Somewhere, anywhere, in any language! Because right now I'm feeling extremely uncharitable toward my outgroup on this, and it's such a petty thing, I know, but it just feels emblematic of the entire critical enterprise of focusing on "whatever works" over and above any commitment to truth, facts, history, academic rigor, professionalism, or even taking two seconds to check the damn source.

Aramark apologizes for insensitivity of school lunch served on first day of Black History Month

Specifically,

A middle school in New York and its food vendor, Aramark, apologized after students were served chicken and waffles, along with watermelon on the first day of Black History Month.

What stood out to me about this story, though, is how weirdly banal it registered. What year do you suppose it was when the very first $ETHNIC_MINORITY originally complained that the serving of $STEREOTYPED_FOOD was "insensitive" instead of "delicious?" The word "microaggression" was apparently coined in 1970. Recent philosophical treatment of the term suggests that a core feature of microaggressions is precisely that they cannot be empirically validated (if you could empirically validate it, it would simply be an aggression). This makes them non-falsifiable (that is, if someone feels microaggressed, then they are by definition being oppressed, and no further argument is warranted). But none of this answers the historical question: at what point did people view attempts (or even just possible attempts) to celebrate their culture as offensive?

I suppose it could be related to notions of "cultural appropriation," which were apparently in circulation by 1945 or so. But nobody seems to think you can't serve chicken and waffles with watermelon ever. You just can't serve it (apparently!) on the first day of February? Or perhaps any day in February? Maybe it also cannot be served on MLK day? Cynically, I suspect the real answer is deliberately obfuscated so that outlets like CNN can run absolute non-stories peddling racial outrage whenever it suits them, but like... at this point it's just not clear to me why they would bother. Maybe thirty years ago I would have raged about thin-skinned idiots who see fit to complain about food instead of being grateful they have food, but at this point it's such a boring cliché it just kind of... bounces off. It fits the whole "signal your ingroup" thing, sure, but even the ingroup seems at least inured to it, if not actively opposed--as over on reddit I often see putatively black posters respond with "whatever, man, who doesn't love chicken and waffles?"

I seem to be more and more often encountering claims that the "Great Awokening" is losing steam, cooling off, or at least running up against hard limits of what people will accept as the new, elite-imposed "normal." I am skeptical of these claims, but I was honestly a little surprised at my own bland reaction to this story on CNN. It was like... "oh, look, how original, someone is mad that soul food got served in February, can't wait for them to tell me not to wear white after Labor Day." On reflection, I definitely continue to regard anyone who complains about soul food being served in February as fundamentally unreasonable, I have heard all their arguments and found no value whatsoever in them. But there's no shock value remaining in it--like a girl playing football, being mad about food culture is purely performative outrage, an occasional sacrament for a tepid ideology.

What I can't decide is whether that means the "Great Awokening" really is on the wane, or whether it has become so integrated into our culture that it is now impossible to excise--something on its way to becoming so boring and broadly accepted that no one bothers to challenge it. Like--the advent of no-fault divorce has brought to pass all the scary slippery-slope arguments its critics made against it, but now it's too late to do anything about it because our culture has moved on so irrecoverably that we don't even regard the bad outcomes as bad anymore. Should I be more upset that performative outrage is carving holiday-based dietary restrictions into the public consciousness?

I've removed this post as it was just a copy-pasted article. Please remember:

This website is a place for people who want to move past shady thinking and test their ideas in a court of people who don't all share the same biases.

In other words, this is a place for discussion. If you'd like to discuss this essay, you may link to it, even quote from it, but then you have to do the work of offering some evaluation or insight of your own. There is no minimum word count, but "low effort" is something that is often evidenced by a low word count.

I can only think of the NRA and possibly the 17th amendment which committed such violence to the constitutional scheme.

Not Marbury v. Madison? (Kidding, kind of.)

But relatedly, the Civil Rights Act was just the legislative prong; I would argue that the Warren court overall did far greater violence to American liberty than any specific act of Congress. In particular, "one man one vote" via Baker v. Carr (1962) and Reynolds v. Sims (1964) stripped "protected minority" status from rural Americans, in effect ensuring that the United States would eventually follow the same trajectory as every other urban-centered empire in history. When your cities are packed with low-agency wards of the state who can vote themselves unlimited quantities of free grain, keeping the lights on becomes an increasingly fraught undertaking.

YOU KNOW WHAT NOBODY HATES EACH OTHER ABOUT YET? BIRD-WATCHING.

I wanted to post this over at /r/slatestarcodex but it's obviously CW material and surely someone should bring it to Scott's attention, as it wins him quite a large number of prophet points I suspect...

NPR reports that these American birds and dozens more will be renamed, to remove human monikers.

And the next day half the world’s newspaper headlines are “Has The Political Correctness Police Taken Over Bird-Watching?” and the other half are “Is Bird-Watching Racist?”. And then bird-watchers and non-bird-watchers and different sub-groups of bird-watchers hold vitriolic attacks on each other that feed back on each other in a vicious cycle for the next six months, and the whole thing ends in mutual death threats and another previously innocent activity turning into World War I style trench warfare.

The story is... well, pretty much exactly what you think it is, I bet.

Get ready to say goodbye to a lot of familiar bird names, like Anna's Hummingbird, Gambel's Quail, Lewis's Woodpecker, Bewick's Wren, Bullock's Oriole, and more.

That's because the American Ornithological Society has vowed to change the English names of all bird species currently named after people, along with any other bird names deemed offensive or exclusionary.

I don't really care? Except that I do care, to just this extent, as I've written before:

When stuff like this happens, one of my first reactions is to reflect on the fact that everyone gets forgotten eventually. Some of us get statues or scholarship funds or university chairs carrying our name or likeness a little farther into the future than might otherwise have occurred, but the "Laura Ingalls Wilder Award" was always destined to go away someday. Roads and schools and landmarks get renamed, statues are left to crumble.

And yet I concur with you--this sort of thing makes me uncomfortable. But it can't be because they are ending the "Laura Ingalls Wilder Award" that I had never heard of and could have predicted would eventually vanish anyway. I have wondered in the past whether similar cases bothered me because I didn't approve of the deliberate social engineering that tossing things down the memory hole reveals, but I find even that objection does not quite do it for me. I find that I'm not in principle opposed to people making the world over in their own preferred image, provided they do so within certain rational constraints. So I wondered if I should simply chalk my discomfort up to personal political bias, but this felt wrong, too--for example, I found myself bothered by the tearing down of Confederate statues even though I am not from the American South and had no other discernible reason to favor their preservation by reason of political bias.

At present the best I've managed to come up with is that I am bothered by the publicity of destruction. That is--what would have happened if the ALSC had, beginning last year, simply not mentioned the "Laura Ingalls Wilder Award" to anyone ever again? Simply conduct business as usual, and if asked by anyone about the "Laura Ingalls Wilder Award" respond only that the Award was "undergoing some conceptual reorganization in hopes of better-serving our community, but while we workshop it we'd love your participation in some of our alternative programs" or something.

Of course, they don't do this, because someone decided that they would get more attention (=dollars) with a press release on their "core values of diversity and inclusion" coupled with a prima facie sacrificial offering to signal sincerity. If you look very hard at what's happening, it's the memetic equivalent of sacrificing sick animals and weeds instead of the firstling of the flock--there's no real sacrifice taking place here--but the gods of social justice are so far pleased. This is probably because it establishes a precedent, so when they come calling for greater sacrifices--how long before the residents of Seattle demand to live in a state that isn't named for a slave owner?--the practice of signaling your allegiance by tossing things down the memory hole in a way that also alienates you from the Other Tribe has already become so ingrained that no resistance to such demands remains.

Both ideas and people fade, but it is one thing to lose your struggle against time, and something else entirely to be thrown into a volcano by someone trying to prove their loyalty to Moloch.

I am not an ornithologist. I'm not even a bird-watcher. The closest I've ever come is snapping an occasional photo of a bird that catches my attention. These changes have nothing to do with me... except, of course insofar as they represent the continued burning-down of the contributions of "my" culture to humanity's broader understanding of the world. The active removal--dare I say "erasure?"--of the past, so as not to offend the sensibilities of the present.

(But mostly, I'm once more astonished by Scott's peculiar prescience...)

It's a bad look, for sure, but how is this not just run-of-the-mill drunken disorderliness? "Racism" is not really the same thing as racial epithets. If you get drunk and repeatedly call a man a "dick" we don't generally run a story about a "sexist outburst." This strikes me as a wild exaggeration:

extreme racism can happen among the younger generations

Extreme drunkenness can happen among younger generations, for sure. And when your drunk brain looks for the most offensive thing it can say to someone, and your social milieu is one where a racial epithet is the most offensive word you can think of, then the more strongly we disapprove of racial epithets, the more often we're going to hear them from angry, irrational people. Calling that "racism" seems like rhetorical sleight of hand to me.

Imagine a student getting plastered and, noticing her RA's MAGA cap, calling the RA a "Nazi" two hundred times. I can't imagine students putting together a petition demanding the drunk person's expulsion--it would be ridiculous. The drunk girl clearly has some problems, but none of them appear solvable by either tarring her as a "racist" or by expelling her from school.

Home seizure is one of the canonical examples for illustrating "substantive due process" versus "procedural due process." This is (and probably always will be) a pretty hotly contested bit of American jurisprudence; procedural due process is "was the procedure followed" while substantive due process is more about law-in-equity, i.e. "was justice truly done." If your city or state craft ordinances that, through totally procedurally sound action, works a clear injustice, it's not usually all that difficult to get people to agree that something has gone awry. Based on the Court's posture toward asset forfeiture in Timbs v. Indiana (they decided it violated the Eighth Amendment as excessive), I would not be at all surprised to see Hennepin County definitively lose this case.

However, the main question in my mind is that this is a "tax" case, rather than a "fines" case, and Chief Justice Roberts famously saved Obamacare by giving "tax" status to something that essentially no one thought of as a "tax." Remember that without the Sixteenth Amendment, income tax was clearly an unconstitutional taking. (Personally, I'm very comfortable with the proposition that the Sixteenth Amendment was deeply immoral, and that most taxation is indeed simply theft, but at least it is a kind of theft that was given special exemption in the Constitution.) Strictly speaking, so long as they aren't violating any state laws on the matter, a U.S. county has the power to levy as much property tax against your property as they wish, which could have the practical effect of confiscating anyone and everyone's property for government use (by setting the tax well above the value of the property).

I would hope that, in such a case, the courts would quickly call out the tax as a pretext to seizure and thus declare that it falls afoul of the Fifth Amendment! But courts are remarkably skittish in every case that tends to expose the fact that all taxes are inescapably coercive and confiscatory, with thin justification.

This is the equivalent of wokes using “white supremacy” to include timeliness, dress codes and objectivity.

False equivalency. Wokes using "white supremacy" to include anything they don't like about Red Tribe values is qualitatively distinct from using "groomer" to include behaviors that are, in fact, preparing children to be exploited or abused, and then exploiting or abusing them.

Here's how: "white supremacy" is fundamentally the idea that white groups or individuals are inherently superior to (at least some) non-white groups. To call, say, expectations of timeliness "white supremacy" is gobbledygook. If the claim is that non-whites can't be timely, then that claim is itself an assertion of white supremacy. If the claim is that timeliness is a "white value" but not a superior value, and that non-whites can be timely but rewarding timeliness or punish tardiness unfairly discounts non-white values, then it is also a claim that not rewarding timeliness, or even rewarding tardiness, unfairly discounts white values. You can't reasonably hold that timeliness is "white supremacy" without holding inconsistent ideas. (This is a frequent pattern in identitarian thinking: it is very often just self-refuting nonsense.)

By contrast, "grooming" describes the act of preparing a child to be abused or exploited, and some common known approaches to grooming are: asking children explicit questions about their sex and sexuality, exposing children to sexually explicit materials, and encouraging children to keep secrets or distance themselves from their parents. These are all things that wokes have demonstrably advocated for, from arguing for the inclusion of sexually explicit material in children's libraries, to keeping secrets from parents, to refusing to return runaway children to their parents. You might ask whether it counts as "grooming" if Party A is doing the grooming but Party B does the abuse, and whether it's still grooming if Party B never shows up to accomplish the abuse. I myself am comfortable with the idea that abusers can and do sometimes employ accomplices as groomers, as well as with the idea that a groomer who fails to follow through on abuse is still a groomer. This is not self-refuting, and so cannot be aptly compared with treating timeliness or objectivity as white supremacy.

And yes--you could certainly argue that the real abuse was families all along! Many on the left do believe this, and it is a genuine values dispute. Even DeBoer doesn't actually come out and say "families are good, actually"--his position appears to be something like "stop saying they're bad so we can win, maybe then we can actually abolish the horrid institution." But when the wokes are out there actually engaged in textbook grooming behaviors and passing laws to enable those behaviors, it's hardly a "dishonest" or "transparent attempt to leverage conditioned emotional reactions." It's more like calling a spade a spade. As I said in the linked discussion last time--if tabooing "groomer" seemed likely to reduce cases of actual abuse, I'd be all for it. But in the current debate, it seems like the desire to taboo "groomer" is just deliberate obfuscation of a real and serious political problem.

Hard disagree.

The first movie was tolerable, and visually well-crafted. The second movie kept up with the visuals, but tipped over the edge for me in several ways.

  • St. Alia of the Knife got, essentially, cut. This is the most utterly unforgivable bullshit, especially given the promise of a third movie. There are fewer more iconic moments than the abominable child ending her treacherous grandfather with the Gom Jabbar. In fact, it's the only unequivocally great thing she ever gets to do, making her ultimate end all the more tragic.

  • The casting for Irulan seemed like a deliberate slight against the the idea of multigenerational eugenics. Her portrayal of Tatlock in Oppenheimer was grating, but Tatlock was presumably herself quite grating. Irulan is a regal character, if not indeed a somewhat ethereal one. They couldn't even pluck her eyebrows for this?

  • The casting for Shaddam IV was similarly perplexing. Christopher Walken played the emperor as a doddering has-been in the early stages of dementia.

  • In general the perversion and brutality of the Harkonnens was understated--to the point of being a fumble. This seems to have been simple cowardice on the director's part. Understandable cowardice, perhaps, but cowardice all the same.

  • Failure to address the Butlerian Jihad seems like a particularly egregious miss given the present level of public interest in artificial intelligence.

  • Chani was an interesting character in the books, albeit a minor one. She becomes a more important figure in the movie, at the cost of changing her into a boring (and fickle) Mary Sue.

  • Stilgar is rendered as an oaf and a dupe, the better to mock the "fundamentalists."

In its 6 book entirety, despite failing to reach the final showdown with the machines (Kevin Anderson sucks), is still a magnificent meditation on the difference between humans and human animals, on the fact that evolution continues to operate on us, and on the ways in which that poses a threat to our continued survival as a species. Paul is ultimately a failure as a messiah because he refuses to embrace his bloody destiny, instead leaving the task to his children (SUBTLE METAPHOR WARNING), who then step up and do the bloody business of putting an end to the hedonistic but stultifying preening of the human race. Here instead we get Chani asserting her agency--she won't abide a political marriage for her man--in a story that was fundamentally supposed to be about the lack of agency that is the problem Paul is supposed to solve for humanity.

Other than the wokism of casting the Fremen--but not the Harkonnens--as multiracial, I didn't see anything to complain about along that axis. The unrelenting girl-bossing of certain characters was weird, but only weirder for how badly the writing and acting neutered Lady Jessica. Dune is absolutely stacked with "strong female characters" so I guess the director had to dial that back, to better highlight his distorted vision of Chani as something less interesting than the Mother of God.

Ugh. Anyway. Just once I'd like to see a filmmaker actually deliver on the promise of Dune. It would be challenging, and consequently it would probably be unpopular. A clear portrayal of the truth of the Axlotl Tanks might well be sufficient to send the zeitgeist into total meltdown.

goofy-ass Disney fight

I feel like this reflects a failure to grasp the best of what DeSantis represents. Now, the Martha's Vineyard thing was, I think, a mistake, most especially since the immigrants involved didn't even leave from Florida. But Disney came out swinging against DeSantis. It wasn't his "goofy-ass...fight," it was Disney's goofy-ass fight. DeSantis' only real choice there was to remind them that they are a corporation and tell them to get back in their lane. Anything else would have resulted in DeSantis looking like a bootlicker who caves to Woke Corporatism the moment his moneyed masters yank on the chain.

Disney owns (and tyrannically enforces) a lot of beloved IP, so there will always be some people who think "Disney hates DeSantis, so I hate DeSantis." But politically speaking, "there are consequences to getting politically involved" was exactly the right message to send to businesses in this case. As they say--if you're going to take a shot at the king, don't miss. Disney sticking its corporate neck out to object to a bill forbidding schools from exposing young children to sexually explicit pedagogy was a horrible, horrible choice. They missed their shot, and DeSantis had exactly the correct response: punish defectors.

Sorry to do two posts back to back, but the Fourth Circuit has dropped a steaming pile of dog shit on my front porch and I'm kind of mad about it. (Is that too heated? Honestly I feel like I'm soft pedaling it.)

Porter v. Board of Trustees of North Carolina State University is a case on academic freedom and speech by government employees. Stephen Porter was a tenured professor of education in the university's "higher ed" program. His statistical research on higher education has dealt at times with questions of faculty and student body demography. After complaining that

NC State’s diversity initiatives resulted in “abandoning rigorous methodological analysis in favor of results-driven work aimed at furthering a highly dogmatic view of ‘diversity,’ ‘equity,’ and ‘inclusion’”

he found himself removed from the higher ed program for being "insufficiently collegial." He sued. And now, barring a reversal by SCOTUS, he has lost. More from the article:

In the 2006 case Garcetti v. Ceballos, the Supreme Court held that when government employees speak “pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” But, critically, Garcetti made an exception for faculty at public institutions engaged in “speech related to scholarship or teaching.”

The Fourth Circuit’s decision considerably narrows this exception, effectively placing faculty speech about shared institutional governance and decision-making beyond the First Amendment. The court reasoned that Porter did not speak as an academic, but rather “in his capacity as an employee,” concluding Porter’s speech “was not a product of his teaching or scholarship” and is, therefore, “unprotected.”

This analysis suggests that the Fourth Circuit has quite perplexingly decided that "intramural" speech does not qualify for the Garcetti academic exception. Essentially, in the Fourth Circuit, academic freedom apparently extends to lectures and publications, but not "when professors speak and write as citizens of the campus community and officers of an educational institution." This is an especially awkward position, however, when the professor in question teaches and researches higher education specifically. Imagine being free to make assertions about higher education policy in the classroom and in your writing, but not being free to repeat those things at a faculty meeting, or to university administrators! The author also notes that this may reflect a circuit split with the Ninth, which is good news for any planned appeal.

But the age of that split (the Ninth Circuit case was decided in 1976) also highlights how much the American Left has changed in the last 50 years, and how right-coded Free Speech has become--even, maybe the speech of tenured university professors (who are of course overwhelmingly left-identifying). As one commenter over at Brian Leiter's blog observes:

It seems to me that the dissent attends carefully and sensibly to the relevant facts but that the majority does not. On page 43, the dissent offers this explanation for the majority’s failure:

“My friends in the majority ... have developed a new ‘bad man’ theory of the law: identify the bad man; he loses. ... The majority’s threadbare analysis willfully abandons both our precedent and the facts in search of its desired result. ... that cynicism breaks new ground.”

A second commenter adds further context:

Curiously, the two judges in the majority (Wynn and Thacker) are Obama appointees, whereas the one judge in dissent (Richardson) is a Trump appointee. As the preceding comment observes, the argumentation in the dissenting opinion is far better than that in the majority opinion.

Leiter himself then weighs in on Richardson:

I see that Judge Richardson is a UChicago Law graduate (before my time), who clerked for Judge Posner.

Posner, of course, is the father of the Law and Economics movement, which is not universally embraced by conservative lawyers but is very often a right-coded jurisprudence. So here we have a flip from the stereotypical expectations, with leftist judges constraining the academic freedom of a tenured university professor (as well as government employee freedom of speech generally--they give a narrower interpretation than the conservative Supreme Court furnished in 2006!) and a right-wing judge dissenting.

Naturally, most analysis seems to agree that this is a results-oriented decision; the "real issue" is not academic freedom or freedom of speech at all, it's the total inviolability of the gospel of DEI. Porter committed a heresy, and got slapped down for it, and the high priests of the church of DEI confirmed his punishment. All other details are irrelevant. This does not mean Republicans are now going to be the champions of academic freedom, or that Democrats have abandoned that position. It's just pure, unadulterated who, whom, as the dissent seems to grasp.

I hate when judges add fuel to the cynical fires of "there is no principle, there is only power." I have seen judges choose principle over their preferred results. I know that something like reasoned objectivity is broadly achievable, if we value it. But it seems to be happening less and less, and certainly the forcefulness with which DEI has been rammed down our collective cultural throat seems best described as oppressive ideological totalitarianism.

Over the summer, Arizona lawmakers passed a universal educational voucher program, to my understanding the first in the nation. It attaches state education dollars to students rather than to specific schools, allowing parents to choose where to send the money the state spends on educating their children.

This was immediately challenged by, well, the whole education establishment. Kathy Hoffman, Arizona's State Superintendent of Public Instruction, was officially tasked with overseeing the program; instead, she doxxed parents who signed up for it. Arizona's teacher's union was immediately mobilized to work with the far-left non-profit "Save Our Schools" organization, which sought to gather signatures to put a repeal of the scholarship law on the next election ballot.

Arizona's Secretary of State excitedly tweeted her receipt of the supposedly over 140,000 signatures (almost 120,000 were required). Her statement that

Filing petitions today means the applicable portion of law will not be implemented tomorrow on the General Effective date🛑As long as the petitions continue to meet the min sigs through all the processing, that portion of the law stays on hold.

is a bit confusing to me, I don't know how Arizona referendum law works but the idea that a petition to add an issue to the ballot could function to suspend the operation of a signed law raises several questions in my mind. However, as the Secretary of State maybe this was her call to make? Anyway she was too glib by half. The libertarianish Goldwater Institute, which had posted watchdogs on the filing process, immediately noted that fewer than 90,000 signatures had actually been filed. "Save Our Schools" Facebook page calls this "questionable" and notes that only the Secretary of State can make the final determination, but apparently the Secretary of State's office only received 8,175 petition sheets with a maximum of 15 signatures per sheet. Off their Facebook page, SOS concedes that they have likely fallen short. Their explanation of the miscount? "Well we were just estimating." Apparently Arizona's schoolteachers aren't so great with math!

SOS receives preferred treatment in the news reporting, but poking around some parent sites it looks like they have been predictably underhanded pretty much the whole way. Despite the support of both the Secretary of State and the Superintendent of Schools, both of whose offices are supposed to be effecting the law rather than repealing it, the voucher program is likely to proceed (which may only attract even more anti-choice money to the state's lobbies, I guess). With almost 11,000 applicants pending, it's likely to generate some very happy parents--along with at least some frustrated ones. I doubt we've heard the end of this.

But the victory here may encourage other states to follow suit. I feel like this is one more symptom of the present educational paradigm unraveling. COVID showed parents both how much, and how little, public schools do for them, personally. I know many parents who were relieved to send their children back to school. But I know many others who have simply decided to not. It's a bit of a homeschooling renaissance, it seems, and now in Arizona there are public education dollars attached to that. A family with three children could get something like $21,000 per year to help educate them.

The substance of the opposition is that this deprives neighborhood schools of much-needed funding, "skims the cream," hasn't got enough oversight, and empowers uncredentialed teachers to teach. These are basically all the same criticisms teacher's unions offer against charter schools, which are booming business in Arizona--Arizona's BASIS charter schools are regularly ranked among the best in the country (I count four of their Arizona campuses in the US News top 30). Basically, it looks like public education simply can't compete, and is desperately scrambling to protect its monopoly and union largess.

Parents, apparently, are not buying these arguments, at least in Arizona. And indeed I have never seen any evidence that these arguments have any merit; to the contrary, I am persuaded by The Case Against Education that our existing K-12 system cannot be upended fast enough. So I have been, and will be, watching Arizona's voucher experiment with great interest!

But in case I have not sounded appropriately unhinged thus far--I do have to ask. What would have been the outcome, if the Goldwater Institute had not posted watchdogs on the counting process? The Arizona news media seems to want to cast SOS as the watchdogs, here, but SOS appeared to be quite happy to smear their numbers in their own favor, and they have at least two powerful allies within the government who swallowed their claims whole, declaring the law "on hold" even when the math obviously didn't add up. This kind of narrative-crafting is really disturbing to me, and the fact that the Secretary of State seemed happy to take SOS at their word, to the point of tweeting about it, even as the Goldwater Institute knew instantly from the math that this wasn't going to fly... well, the whole thing seems awfully shady.

(This is where I deleted a paragraph borrowing a jack about "finding" a thousand more pages in a box somewhere...)

Be kind, don't weakman... I'm a little conflicted because it's presumably healthy for the Motte and adjacent spaces to be introspective and self-critical, but we're still a group, the rules still apply. "Poking fun" is always risky business under the rules anyway, but the criticism you've assembled here barely rises above the level of pure, vapid sneer. Allowing that it also applies ("often") to you doesn't really change the fact that you're essentially framing certain behaviors as low status without effortfully addressing the relative merits of those behaviors. I appreciate that you refrained from literally calling out neckbeards and fedoras, but even so what you've mostly succeeded at here is just textbook nerd-bashing. So, please don't do that.

If you put a gun to my head, I'd bet that this is overturned, or stayed until moot.

The ruling is absurd, but the Constitution is pretty clear that states get to decide how their elections are run, including their national elections. The only Constitutional caveats are that Congress can weigh in on Article I elections (legislators), and that the states must be structured in a republican way (i.e. representative democracy). Here are the (partial) instructions for Article II elections:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

If Colorado's legislature (or its sometimes-mouthpiece, the state court) says Trump can't be on the ballot, then Trump can't be on the ballot, and from a Constitutional standpoint, that's the end of the story. One Constitutional way out I see here is maybe a Fourteenth Amendment complaint of some kind, but the conservatives on the court are likely to be leery of that, and the progressives on the court will simply refuse to rule in Trump's favor no matter how much they may need to torture logic to get there.

My primary hesitation is Chief Justice Roberts. He is a pragmatist to the core, and may just oppose the chaos that would result: a likely domino-effect of progressive states using this ruling to (definitely) eliminate Trump from their ballots and (possibly in the future) even eliminate conservative candidates through bog-standard abuse of process. I could see Roberts relying on "The United States shall guarantee to every State in this Union a Republican Form of Government" from the Constitution with precisely the intent of preventing political chaos, but in doing so he would do pretty direct harm to the plain language governing Article II elections.

I'm less acquainted with any federal election statutes that may apply, but prima facie I would bet cautiously against this being overturned--on grounds that Roberts, as an establishment man, may find his distaste for Trump encouraging him to affirm the strength of Article II. This would be a victory for establishment Republicans as well as a victory for Trump haters. But I can imagine Roberts imagining the electoral chaos of an affirmation, because that result would make the 2000 and 2020 elections look tame by comparison; faced with such a vision, he could very well flinch. So I would expect Trump's team to work that angle hard--assuming there are any competent lawyers remaining who are still willing to represent him.