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Culture War Roundup for the week of September 4, 2023

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The Proud Boy sentences being quite severe is on my mind today. 22 years for Tarrio who was not there on Jan 6. He does have text saying it was them who did it. A few others got in the high teens sentences who were there.

I will admit I respect the Proud Boys and agree with a lot of their statements. I do believe the 2020 election was stolen. The lack of a secret ballot thru mass mail-in voting violates every principle of Democracy. Without violating the secret ballot Trump would have easily won in my opinion. The Proud Boys official position from memory was a desire for a new election following Democratic principles. Seems fair to me. So I feel they are directionally correct even if they took things too far.

  1. The right won’t get equal treatment in the court. It seems like the key courts are in cities that are going to have unsympathetic juries and judges. If you flip these courts to rural areas then my guess antifa types are getting 20 years and Proud Boys 2 years. In rural areas they would have judges very sympathetic that the election wasn’t proper and their anger was justified in the same way BLM protestors get courts sympathetic that America is a racists nation.

  2. I think the left is making a mistake with these massive sentences. If they gave them a couple years I would feel it was fair as they went too far. But now I want them pardoned. If Trump pardons them as he should then it’s a slap in the face of the court decision. Delegitimizes the court to have the court decide these are really bad people deserving long sentences for overturning Democracy but then have the next guy release them. It feels very third worldish to me. With other lawfare attempts it seems as though any future POTUS should do mass pardons. I’m not sure how balance of powers can survive this.

  3. The punishment for Proud Boys seems to have some connection to the debates and Biden declaring them “white supremacists” and Trump telling them to “stand by and stand down” (which felt coded). It made it important these guys got long sentences to confirm that they are the bad guys because then a court confirmed what they told you. Same thing with Floyd officers and long sentences which confirmed that they were bad murderous cops. A jury convicted therefore we know it’s true.

  4. It’s another example of punishment for exercising your right to a jury trial.

I agree with Garrett Jones books “10% Less Democracy” and America would be better with less activision and less voting. But America looks more and more like a third word spoils system. Win you get the spoils, lose you go to jail. Which makes elections far more important.

Links aren’t important just sometimes people asks for articles.

https://www.npr.org/2023/05/04/1172530436/proud-boys-jan-6-sedition-trial-verdict

https://apnews.com/article/enrique-tarrio-capitol-riot-seditious-conspiracy-sentencing-da60222b3e1e54902db2bbbb219dc3fb#:~:text=WASHINGTON%20(AP)%20—%20Former%20Proud,for%20the%20U.S.%20Capitol%20attack.

https://www.amazon.com/10-Less-Democracy-Should-Elites/dp/1503603571

https://reason.com/2023/09/06/with-22-year-sentence-ex-proud-boys-leader-enrique-tarrio-pays-hefty-trial-penalty/

Edit: Focus on the punishments and any results from the severity. I used a certain frame to put it in their view. We don’t need to discuss election legitimacy again.

The argument that the election was inherently flawed because mail-in voting somehow violated the principle of a secret ballot doesn't hold water and is made in bad faith by those who didn't like the outcome in 2020. Mail-in voting has existed in various states for somewhere in the neighborhood of 20 years, absentee voting has existed for longer, and no one I'm aware of made the argument that it was inherently flawed prior to 2020. Indeed, as late as the fall of 2019 PA's mail-in voting bill sailed through the state legislature with unanimous Republican support.

Claiming that mail-ins are suddenly unconstitutional to the point that we need a redo is a convenient argument to make if your guy loses the election and you're grasping at straws for some excuse undo the result, but let's not pretend that this is an argument based on principle. Would you be making this argument if Trump won?

It's also telling that 2020 is apparently the only election they care about. No one was protesting the 2021 off year elections for local judges and clerks, no one was protesting the midterms, no one was protesting the various special elections that have been held over the past few years, and I doubt anyone will protest this year's elections. Hell, there doesn't even seem to be much of a legislative push in red states to completely do away with mail voting, or any serious court challenges raising the secret ballot issue. It all comes back to Trump—shit only matters when he's involved. The entire system is rigged against him and him alone. I've always thought he was a narcissist but at this point I can't really blame him giving the number of people who do act like the world revolves around him.

and no one I'm aware of made the argument that it was inherently flawed prior to 2020

So like Barack Obama in 2008? Or 2012? (when Democrats worried absentee voting would drive old-people votes which harmed them). Or Trump whining about it for months before the election as the scheme was being ramped up by executive fiat in explicit contravention to election laws across dozens of states? There are dozens of high profile examples over the last 2 decades and sooner who have discussed the inherent flaws in mail-in voting and how they're prone to fraud and coercion, part of the reason being the lack of secrecy which makes buying votes more feasible because the person can pay you as they take your ballot, verify what it says, and then give you your $50 target gift-card.

Each time mail-in or absentee voting legislation has been passed, this was discussed repeatedly with additional security requirements and conditions because of those concerns. 2020 saw mail-in voting explode in usage while at the same time most anti-fraud checks were ignored.

It's honestly pretty puzzling you're unaware of any of this.

Claiming that mail-ins are suddenly unconstitutional

No one is arguing mail-in voting is inherently "unconstitutional." What people are arguing is the fraud which was enabled by illegal election law changes (which is unconstitutional) and simply ignoring anti-fraud requirements, including the mail-in scheme, made it so the election outcome was legitimately in doubt, the only practical available remedy being a redo. The way elections are conducted in the US make them not meaningfully auditable even if all players didn't fight tooth-and-nail to restrict transparency.

We're not talking about millions of votes needing to swap, but ~40,000 in any of 5 different states, any of which would change the outcome if a single one did something as simple as requiring canvassing hundreds of thousands of votes which had no signed chain of custody receipts (and no election officials have yet been charged despite this being a crime in multiple states like AZ).

Would you be making this argument if Trump won?

If two people raced bikes all over France and then the loser tested positive for PEDs, do you think they should both get a do-over race or otherwise we're not talking about "principles"?

edit: you added the entire last paragraph and maybe some other changes after others had responded

No one was protesting the 2021 off year elections for local judges and clerks, no one was protesting the midterms, no one was protesting the various special elections that have been held over the past few years

So the protests in Arizona over that "election" and large ongoing legal battle over it just don't count?

The Federal Government is currently abusing laws made 150 years ago in response to the Civil War as well as stretching interpretation of other laws way past their breaking point in front of laughably biased "judges" and juries, to find and throw people in jail for a protest in DC in Jan 2021 in response to the election of 2020, and your response is because they don't come out in large numbers again after all of these people are having their lives destroyed and made examples of, is because they just don't care? Well, that's certainly something.

Do you follow election disputes/protests over "local judges and clerks," closely?

Well, at least you got in your jab to make this about trump and how he's just the worst or whatever.

Hold on. I grew up in Oregon, they have had mail in ballots for a very long time, and nothing yet has surfaced as a problem despite this worry of yours that vote-buying is possible.

I’m of the school of thought that the system is responsive enough that we can actually wait, yes actually wait until we start to see hints of an actual problem before taking action. Otherwise just let things take their normal course, that has a long history of decently functioning checks and balances.

That system, which involves judges sometimes making calls in cases that don’t allow for the full regular process to play out, due to time constraints and the nature of a national emergency, is a fine way to resolve things. Sometimes I think a few judges overstepped. That’s not okay to be upset about, but it’s also normal. Nothing was diabolical about it. And in fact despite the so-called massive weaknesses of how things played out, practically zero evidence of fraud showed up to court. Due process after the fact was followed, and that due process determined that most every allegation was either worthless or unsubstantiated.

Moreover, guess what? People in every state are still armed with democracy even now. Many but not all states have reverted parts of their covid changes. And in all states, if voters want to “tighten” (quote marks because it’s a misnomer, IMO) voting laws, they are perfectly free to vote to that effect and elect representatives who share their views to make or revert changes moving forward.

Classic example is Raffensburger in Georgia. Voters re-elected him with a significant margin. In other words, The People we’re perfectly happy with how the process went.

I'd like to call this the "Just Democracy Fallacy": if politicians win an election, whatever they do must be what the people wanted.

A guy with the job to count votes comes under national scrutiny for if he counted them well or not. He's very publicly accused of counting them badly. He is up for reelection, now a known quantity to voters, and they can ditch him for someone who also claims he counted votes badly. He is chosen by a significant margin. The assumption is, therefore, that voters must agree that he actually counted just fine. That's a fair conclusion, given how public the whole process was and the wide news coverage.

In other words, I'm claiming the opposite: if a politician does something very public and very controversial, and then afterwards is reelected, then YES, the people either agree with the controversial thing or think it wasn't that big of a deal.

Don't forget that Brian Kemp's daughter's fiance died in a car bomb. Anyways, under the Just Democracy Fallacy, because Brian Kemp beat his primary and general opponents, this must mean voters agreed with everything he ever did.