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New from me: Viral "Racism in Academia" Story Deleted When I Started Asking Questions

I noticed a suspicious-looking viral Twitter thread yesterday, so I started poking around a bit and, to my surprise, watched its author first reply to my question, then delete his reply and hide my question, then lock the thread, then delete the thread and nuke his whole account.

In this article, I tell that story and examine my takeaways from it. Highlights below:

“So I did an experiment, I am looking for a postdoctoral position and decided to check to what extent racism in science could be. I took my CV and changed the name to a more western one. I'd send it out with my real name, then a few days later (or before) with the western name.”

So began a viral Twitter thread from Mohamad, a PhD student with a small online presence and a remarkable and troubling story of racial bias in academia. When he applied to a postdoc using his real name, he got seventeen responses to a hundred applications, all negative. Changing nothing but his name, he experienced a remarkable transformation of fortunes: eighty-seven replies, including fifty-four scientists willing to apply for a fellowship with him. Not only that, but he reported harrowing harassment from the universities, with messages like “If we can keep lowering the barrier for entry, science will become a joke.”

The thread exploded in popularity, reaching well over 40000 likes and 10000 retweets. Millions of people saw it. Commenters rushed to extend their sympathies. Professors and researchers encouraged him to publish the experience, called for more implicit bias training in the field, and shared the story as an example of the grim reality academics must deal with. It began to spread around the internet, rising quickly to the front page of Hacker News and elsewhere.

Now the thread is gone, his account is renamed and private, and it looks increasingly likely the whole story was a fabrication.


In the replies to the original thread, there were a good handful of confused or uneasy responses, but none of them got much traction. One person pointed out that institutions should notice two copies of a CV with different names. Another asked how he could change his name on the scientific papers that would be included in the application. A third commented that most institutions would require letters of recommendation with others vouching for the individual under their real name.

There were other incongruities. Who would put in the work to send out two hundred applications under two different names, then provide no visible evidence? Who would design a precise experiment like that, with a hundred applications at once, in the middle of a high-pressure academic job search? What’s the likelihood that he could even find a hundred institutions with open postdoc positions exactly matching his niche academic field?

How could the results flip so dramatically, from nothing but rejections to half of the responders eagerly looking to apply with him? And what of the rude remarks? Any academic who harassed him as he described would be committing career suicide and opening themself up for lawsuits as soon as the harassment was publicized. (Link)

Look: none of this guarantees something fishy. There could be good answers to any or every one of these questions. But they’re odd, aren’t they? They demand explanations, they demand answers. At the very least, they demand curiosity.

None of these were the smoking gun that made him nuke his whole account, mind. That smoking gun came from a reddit thread shared on /r/MensRights a few days beforehand, pointed out most prominently by Stuart Ritchie.


In the end, this sort of self-nuke is about the best outcome I could really hope for. Someone with more sinister intent could have dodged my question, ignored people pointing out incongruities, and left the story up to let it keep spreading. Now, no news stories will be written to amplify it further. Nobody will keep the thread in their back pocket to add to a list of stories about racism in academia. No stubborn contrarians need to chase it around the internet begging people to remember that it probably didn’t happen.

All that’s left? A million people nodding vaguely and saying “Oh, yeah, I read something about that once. People with western names get like ten times as many callbacks as others. Hm, can’t find it now. You know how it goes.”

Just the vibes.

On American Graffiti, Street Rod Shows, the Meaning of Teenage Rebellion, and Watching a Subculture Choose Death Over Diversity

In the past week, I took my dad to the annual Street Rod show in our hometown, where we walked around all afternoon looking at thousands of custom classics, running into a lot of the same people we’ve run into at the same show every year since I could walk. And I took him to see his all-time favorite movie, George Lucas’* American Graffiti, in theaters one night only for the 50th Anniversary of its original release.

At the film, and even more at the car show, I felt like a kid, like a teenager. Not in the sense of “Wide eyed wonder” or “remembering my own youth,” though there was plenty of that as well. It was simply that I, at thirty, was one of the younger people at both events. The people at the Street Rod show have frozen in time, always my dad’s age or older. Fewer and older every year, as they die off one after another. When I was ten they were older but still robust guys who could lift a transmission and you wouldn't mess with; when I was a teenager you started seeing canes, walkers, wheelchairs, and they’ve become more common every year since. This year, I followed two guys for hours across the show, on Rascal scooters, matching MAGA hats, chain smoking cigars. I wasn’t sure if I admired their IDGAF attitude (“I’m already on the scooter, why give up the cigars now?”) or if I was horrified at the idea. When two street rod enthusiasts see each other at the show and catch up, the conversation is all ailments and surgeries now. And then they all turn to the same question: where are all the young people? Why don’t young people care about these cars? Why don’t young people love Street Rods?

And the answer seemed blindingly obvious to me: these cars have a completely different meaning and symbolism for you than they do for me. Custom car culture still exists, but it’s not about Street Rods as defined in the show charter, not by a long shot. The National Street Rod Association describes street rods as a vehicle of 1948 or earlier that has had modernization to the engine, transmission, interior, or anything else and is a non-racing vehicle used mostly for general enjoyment. “The more family-friendly version of the hot rod.” Besides the obvious fact that cars from 1948 are less accessible to young people, it simply doesn’t make sense to modify a car for performance today.

Modifying a car for street performance purposes makes essentially zero sense in this day and age, doing so is entirely performative in nature. In 1962, the year American Graffiti is set, hot rods were fast because factory cars were slow. I’ve built and driven cars similar to John Millner’s “piss yellow deuce coupe” and while they’re fun to play with, they’re not really very fast**. It’s impossible to guess exact specs in a film that’s largely a nostalgic fantasy, but I’ve driven similar cars with more modern running gear, and it’s pretty hard to take that kind of platform and get a sub-7s 0-60 just by getting the engine running hotter. Now, in 1962, that car was fast, it was the fastest in the Valley!, because Steve’s ’58 Impala probably made 60 in something like 14 seconds, and the Edsel his girlfriend drives probably took 10 seconds or so. Even a brand-new ’62 Vette would have taken 6.9 seconds to reach 60. It really was possible to take a clapped out little old Ford that a teenager with a summer job could afford, slap a big engine sourced from a wrecked truck in it, tune it for power in your garage, and have a meaningfully fast car, a car visibly faster than other cars on the road, a car fast enough that other people would be impressed by it. You could have the bitchin’est car in the whole Valley, and the handful of mostly-foreign performance cars that could challenge you were rare as hen’s teeth in the American small town.

Today, factory speed is so widely available that not only is it impossible to hot-rod anything meaningful, it’s impossible to really street race without being more limited by balls and rationality than by the machines involved. The 2023 Vette runs a sub-3 0-60, in automatic, and costs less than $80k brand new Chevy sells 30,000 of them every year. A Tesla Model 3 Performance sedan can do 60 in 3.5 seconds, costs $55k, and is also a practical day to day car. Hell, for a little over $30k today, you can pick up a 2021 Toyota RAV4 Hybrid Prime which will get you to 60 in 5.6 seconds while being among the most practical and reliable family cars on the road. There’s no logical reason to modify your car to be faster today, putting an annoying exhaust, taking out comfort features and turning it into a penalty box, will still deliver less speed-per-dollar than just saving up for a used Corvette. Even if you just want to Mod, you’re better off starting at the Vette and modding that, on a dollar-for-dollar basis. You cannot build a meaningfully fast car on a budget today, at best you might be able to keep a clapped out old M3 on the road. The budget path to a meaningfully fast car today is taking a factory fast car that has deteriorated to a budget price and managing to keep it in shape. A friend of mine has a 2012 e550, I’ve driven it and it’s a lovely and incredibly fast car with over 400hp that will happily bounce off the electronically limited top speed, he bought it for $20k a couple years back, but it’s caught a case of electrical gremlins that are causing an engine misfire that the mechanics all estimate at $15k to fix, and wholesale trade-in on it is $11k, probably sell it for $5k with the engine issues. There’s nothing you can do with $6k in parts for a $5k Honda Civic that will get you anywhere near the E550’s 4.3s 60 time.

Factory speed is the enemy of custom car culture. When any chucklehead can just pay-to-win by buying a fast car from the dealership, having a fast car has no meaning. Think of the great eras of custom racing: American Graffiti memorializes the late 50s early 60s street rod era, and the first few Fast and Furious films commemorate the late 80s-90s tuner era. But the thing is, the 80s and 90s were a nadir for cars in general in America. The 60s and 70s had the great muscle car era, that was the death of the Hot Rod era. Post Embargo, common American cars wouldn’t achieve the performance heights of the Judge and the great SS cars until the mid 2000s. The C4 Corvette is a mediocre car by today’s standards, would be a Toyota 86 competitor, but in 1984 it was such a monster it was banned from SCCA competition because Porsche and Mercedes products simply couldn’t compete, the Corvette needed its own category! This was the environment that fueled Tuner and Ricer culture: you really could take an Acura Integra and make it meaningfully faster, fast enough to compete with a C4 corvette.

The irony is that “car guys” have always slavered over factory speed! They want car companies to make great performance cars! But they also love custom culture. These two desires are in natural conflict, factory speed drives customs out of the market. Today’s custom culture is all about art cars, interesting aesthetics, or over-loud audio. The very same guys complaining that young people aren’t into cars, created the environment where custom cars don’t make sense. Our desires kill the environment that creates and fuels those desires.*** Too much of what we want kills us. It’s the inherently elegiac nature of the Western: the cowboy sheriff makes himself obsolete, by taming the West he destroys the West he knew.

The restrictive definition that the National Street Rod Association uses sentences their shows to decline and death. I look out at the show, shrinking every year, aging every year, and I know the only path forward for this subculture. If they want young people, they need cars that mean something to young people! A 75 year old man wants the cars that were cool when he was young, so does a 30 year old man, so does the 22 year old man. I look at the park and think, cut it right down the middle, this half is T-Buckets and Golden Oldies, that half is Ricers and Reggaeton booming out of trunk mounted subwoofers. You can still have the traditional street rods, but limiting the show to traditional street rods leaves it sterile, unmoving, not going anywhere. Open the show up to everyone, and maybe they’ll also learn to love the traditional street rods. Sure, have the old timers, but have the young artists too! The only way to preserve hot rod culture, to really keep the spirit of John Milner alive, is to allow it to change and grow, to bring in young people customizing the cars that mean something to young people.

But the OGs, the NSRA Golden Oldies types, they have no interest in seeing things change. They don’t want Riced out Civics, they don’t want big subwoofers and Bad Bunny, they want what they’ve always had. And maybe they deserve that! Maybe the purity of that culture is worth it! But walking through the show, I’m very aware, viscerally aware, of the choice being made: the Street Rod show has chosen death over diversity. They’d rather the car show shrink than that it feature modern customs. They’d rather see it die than see it change. That’s the tragedy, walking around the show looking at these beautiful machines, and knowing that the culture that built them has rendered itself sterile, chosen not to reproduce itself for fear of change.

*This was, coincidentally, the film Lucas made immediately before becoming “the Star Wars guy” forever. It’s a cozy little realistic slice-of-life all-rounder of a film, no special effects to speak of. It’s fascinating to consider: if Lucas hadn’t made Star Wars would he have continued making movies like this for thirty years instead? Did we miss out on unmade masterpieces consumed by the Star Wars universe? I might write a bigger comment on the film later, the way it perfectly captures the really beauty and feelings of freedom of American youth, the unique Americana teenage culture of driving around with your friends that is disappearing every year, I wanted to include more of it here but this comment is already entirely too long.

**A forum comment I found from an old timer is the best summary on the topic of how fast Hot Rods were:

I remember reading "Uncle Tom" McCahill's road tests in Mechanix Illustrated in the mid to late '50's. The thing I remember back then was that breaking 10 seconds in the 0-60 run was a real big deal. It translated to a 17-18 second quarter mile time. Back then 0-60 was the standard for acceleration times (the 1/4 mile was something some goofy kids in California used).

A bunch of friends and I took our cars to the dragstrip one Sunday. The "hot" flatheads (mainly stock "shoebox" Fords) could break the 20 second mark in the 1/4 miles. One guy had a stock Model "A". I seem to remember he ran in the 22 second area. In 1961, a friend and I ran a stripped '36 Ford coupe with a '42 Merc engine (heads and carbs, modified ignition; all else stock) and turned a best time of 16.44 seconds. We were happy with it and held the "D/Altered" track record at Minnesota Dragways for a few months. Some guys came down from Fargo later in the year with a '32 coach with a fully built 296" flathead with 4 carbs and cut almost 2 seconds off our "record".

A couple of other comments. In '58 we were all astounded by the fact that a stock FI 283 '57 Chevrolet ran a certified 14.34 in the quarter; it was almost unbelievable then (and I expect a little sophisticated cheating was going on). In the late '80's, a friend had some nicely restored '63 and '64 409 Four speed Chevrolets. We went for a ride and ran them through their paces. At that time, I had a '67 Corvette with a 327/350, a four speed and 3.55 gears. I will have to say I was singularly unimpressed with the performance of the vaunted 409's.

I can't let Mr. "Elcohaulic"'statements pass without comment. First of all, I would discount the fact that a 337 Lincoln flathead was involved. I knew a couple of guys in high school who put one in a '53 Ford. It was waaay nose-heavy, handled like a safe in a wheelbarrow, and would have had no traction. Also, although I think Edmunds made heads and carbs, no serious speed equipment was available for that lump of iron. As to 11 second quarters with a modified flathead in a '49 Ford. Sorry, but that never happened. Joe Abbin made 335 hp on the dyno with a blown 284" engine in a '34 sedan and ran consistent 12's at the strip. The only way that guy was in the 11's was on a 1/8 mile strip.

***Another example from my youth: Baseball Cards were something kids were supposed to care about. My dad bought me baseball cards and sort of informed me that little boys were supposed to like them. But whenever I actually played with them, he’d yell at me for ruining their collector value. I wasn’t allowed to flip them, shuffle them, make fake lineups, trade them: they were worth something. Because from the time my dad was a kid, his generation had made them collectable, made them valuable. As a result, I have no connection with baseball cards, really. I’m aware they’re collectibles, but I have no emotional attachment to them the way his generation did. The capitalist urge to create something special and market it, to make "collectibles," erodes and destroys the human meaning behind those collectibles.

I think there's something really puzzling and interesting going on with American (left-of-center dominated) institutions broadly right now, and I think the phenomenon is captured nicely by this example of the press, the public, and the unpopularity of affirmative action.

As someone who grew up religious and in the South, most of my life, the main feature that distinguished American high-status liberalism from my home cultures was that American liberalism was absolutely masterful in wielding soft power.

My home cultures were much more prone to highly unappealing sanctimony, and authoritarian preening, and scolding, and the telling of musty old just so stories, and dumb Rush Limbaugh-tier propaganda, and attempts to trot out "hello fellow kids" unappealing Christian "rock", and clearly out-of-touch and ignorant fearful conspiracy theories about everything, and simplistic moralizing, and deep discomfort with acknowledging or facing the darker and messier parts of life, and a wariness about asking hard or culturally threatening questions, and prissy Thomas Kincaid-tier "art", and... On and on it went. (And a lot of that remains true to varying degrees for those subcultures to do this day, of course)

And meanwhile, the combination and intersections of art from Hollywood and TV and the popular music industry and popular fiction, and seductive and unrelenting Madison Avenue advertising, and the draw of unfettered consumerism, and the clearly high standards and high status of America's university system, and the seeming rigor and high standards and skepticism and confident nuance of America's great news sources... It was (or seemed to be) a culture of sophistication, and of subtlety and nuance, and very high standards, and of worldliness, and of individual freedom and liberation (especially sexually, of course). It came across as a culture where people were trusted to follow their own bliss, and where the culture was confident enough that people could ask hard questions and follow those questions where ever those questions led them. These different institutions (or at least their portrayal) all came together to create an unrelenting, highly appealing outside cultural force that my home cultures ultimately proved defenseless in the face of and was ultimately entirely undermined by, especially given the weight of outside money and technology pushing it. When I look at the dynamic I experienced, the things that stick out the most are the profound confidence of that outside culture, and the incredible deftness with which it wielded its soft power. It was a culture that understood, in a deep way, that you can lead a horse to water, but you can't make it drink. It had mastered the art of both leading you to the water without you seeing them do it, and also making you want desperately to drink.

That's how it all felt, anyway.

Subjectively, everything I just described above feels like it might as well have taken place on a different planet. Everything that made my home cultures unappealing and weak 40 years now feels like its seeped into Hollywood and Madison Avenue and American universities and ostensibly reputable left-of-center news. And instead of deftly steering masses of people without them even seeing that they're being led, we keep getting this ritual of well-bred, well-credentialed people, who've inherited these fantastic organs of soft power, pulling back the curtain, doing the equivalent of getting up on their rickety soapboxes in very public ways, and loudly berating and scolding the people they once would have masterfully exercised soft power over, undermining their own organs of soft-power in the process and generating all sorts of highly predictable attention and resistance.

It's all very fascinating and puzzling to experience.

There Are No Amendments In Islam

Sarah Haider writes a compelling analysis of the odd political re/alignment you see playing out today between Christians and Muslims on social issues:

Similar scuffles are taking place in Canada, and around the world conservative Christians are locking arms with Muslims in their opposition to the inclusion of gender and orientation in classroom materials. Some are applauding this new brotherhood of Abraham, and hoping that this heralds a change in the winds.

There's really nothing surprising about this alliance at the object-level. What religious Christians and Muslims believe about how society should be structured in regards to promiscuity, sexual modesty, and traditional family structures have long been near-impossible to tell apart. The overlap also bleeds into superficial similarities about isolated rural ranchers defending their traditional way of life from outside influences, while openly carrying their firearms to their places of worship (am I talking about the Taliban or...?).

Sarah is correct that the modern alliance between liberal progressives and Muslims was a marriage of convenience that took advantage of some unusual culture war circumstances, but it's a tryst that was bound to fray apart given the fundamental policy disagreements. One of the efforts to keep the bandwagon held together comes from what Sarah terms Muslims in Name Only (MINOs):

If Muslims decide to be more vocal about their opposition to leftist social agenda, they will find that MINOs will be invited to speak over them, and will succeed in drowning them out. We will be treated to a barrage of ludicrous op-eds that posit Islam as a LGBT friendly religion ("How Muhammad Was The First Queer Activist", etc) as well as profiles of camera-friendly gay Muslims who claim to find no contradictions between "their Islam" and homosexuality. The more intelligent among the MINOs might attempt to put a more theological spin on it with a few cherry-picked quotes from hadith or the Quran, or perhaps bring in some historical flavor by blaming colonizers for anti-gay legislation in the Middle East. "True Islam", it will be revealed, is a religion of Peace and #Pride.

I was raised Muslim but abandoned it as an atheist a long time ago, and this passage is particularly painful for how real it is. The discordant discourse above has largely been operating in parallel and disconnected tracks. On one side you get a bevy of purportedly "Muslim" activists announcing that Islam can mean whatever you want it to mean, and actual Muslim religious scholars responding with The Fuck?:

By a decree from God, sexual relations are permitted within the bounds of marriage, and marriage can only occur between a man and a woman. In the Quran, God explicitly condemns sexual relations with the same sex (see, e.g., Quran, al-Nisā': 16, al-A'rāf: 80–83, and al-Naml: 55–58). Moreover, premarital and extramarital sexual acts are prohibited in Islam. As God explains, "Do not go near fornication. It is truly an immoral deed and a terrible way [to behave]" (Quran, al-Isrā': 32). These aspects of Islam are unambiguously established in the Quran, the teachings of Prophet Muhammad (peace be upon him), and a chain of scholarly tradition spanning fourteen centuries. As a result, they have gained the status of religious consensus (ijmā') and are recognized as integral components of the faith known to the general body of Muslims.

As an atheist I have all sorts of complaints about all religions, but the attempts to rehabilitate Islam's image to better fit liberal sensibilities are pernicious for their particular dishonesty. Because one of the few good things I'll say about Islam is to praise its unusual commitment towards scriptural fidelity.

In case you didn't know, Islam was founded around 600 AD explicitly as the final entry in the Abrahamic religion trilogy. Islam was not presented as an alternative to Judaism and Christianity, rather it was heralded as the true and uncorrupted version of those creeds. According to Islamic lore, Allah (literally just the Arabic word for God) created the world and everything in it and then spent the next however many millennia trying — and implicitly failing — to convey his divine message to humans through a long succession of prophets. First man Adam was also the first prophet, and he was followed by well-known Biblical heavy-hitters like Ayyub (Job), Musa (Moses), and of course 'Isa (Jesus). The full list is unknown and unknowable but Islam assures us that every community throughout history received at least one of Allah's Verified™ messengers.

The reason Muhammad of Mecca is special in Islam is because he's Allah's final message delivery attempt. Adam was the first, and Muhammad is heralded as the "Seal of the Prophets" to underscore the finality. I won't get into exactly why god needed so many attempts to convey his message, but a common point of criticism from Muslims about past attempts (such as Christianity) is that god's message was corrupted and lost through misguided translation attempts. I say this as a Muslim apostate with no stake in the debate but the concern over the Bible's reliability seems uncontroversially true to me given the inherent limitations of translation, and the resulting myriad of competing versions. After centuries of debating whether the in John 1:1 was intended to be a definite or indefinite article from the original Greek, I can see why someone would be too traumatized by the prospect of any translation attempt.

To their credit, early Muslim scholars appear to have taken this mistranslation concern very seriously. All of Muhammad's revelations were collected over time by his followers and, after his death in 632 AD, were compiled into a single book known as the Quran. Islamic theology insists that the Quran is the literal word of Allah which means it has never been modified. Given the religious motivations at play, it's natural to be skeptical of such a claim but it does appear to be solidly supported by the archeological evidence available, with the oldest Quranic manuscripts radiocarbon dated to between 568 and 645 AD and matching what we have available. The commitment to the divine inviolability of the Quran is also reflected in the expectation that, everywhere from America to Indonesia, all practicing Muslims are required to learn and recite passages in the original Arabic. Translations of the Quran exist of course, but reluctantly so and intended solely as a study aid.

The Quran is the central commanding text, but below it are hadiths — a sporadic collection of stories, speeches, and anecdotes attributed to Muhammad and a significant source for how to live the Good Muslim Life (covering topics such as when to assalamualaikum your bros, whether cats are cool, or how to wash oneself before praying). Unlike the Quran, hadiths are not seen as direct guidance from Allah. Instead, their reliability as a guiding lodestar is obsessively assessed in proportion to their authenticity. So some hadiths will be accepted as controlling authorities because they're heavily corroborated by reliable narrators, while others get dismissed because they're fourth-hand accounts on a weird topic and with a dodgy chain of transmission.

The point is, given the obsession over the lineage of the Quran and *hadiths, *it's no surprise that Muslims today come across as especially zealous about following their deen. There's no leeway to fall back on mealy-mouthed "Living Quran" rationalizations for why only some aspects of Islam should be obeyed but not others.

Islam's etymology is about unquestioning submission to authority, purportedly only to god's authority but that's a hard demarcation to keep in mind when political and religious power is near-impossible to disentangle within Muslim countries. Its focus on the eternal afterlife for doling out rewards for devotion endowed me with a fatalistic perspective about my temporary earthly existence at a formative time where I was still grappling with immigrating to the US. My depressed ass then couldn't wait to hurry up and die — an overwhelming desire to to get it over with already so that can experience the promised happiness at last. I left Islam because it's a regressive and stifling bundle of superstitions, ill-suited to living out a fulfilling existence. In consideration of the billions today living under its penumbra, I wish it wasn't so, but that sentiment is not enough to change reality.

I'm comfortable saying that the MINOs who self-appoint themselves as the religion's modern rehabilitators are blatantly lying. If I had to guess at their motives, it probably has something to do with the fact that being a member of a religious minority is too valuable an emblem within the Progressive Stack of oppressed identities to give up completely. For Islam to be the religion least amenable to revisionism does not matter when it's put up against such an irresistible force.

Thanks to @TheBookOfAllan, I decided maybe Twitter slapfights about fantasy authors might not be Too Online to talk about here. I mean, let's face it, the nerd quotient here is pretty damn high. On the rare occasions I write a top-level post, it's usually about the intersection of Culture War squabbles and hobby drama. So -

First They Came for the Fantasy Authors

Brandon Sanderson, in case you don't recognize the name, is a best-selling fantasy author. In impact on the genre today, he's probably second only to George R. R. Martin. He famously finished Robert Jordan's Wheel of Time series, and he churns out new books at a rate that makes Stephen King look lazy.

(I have read quite a few of his books, and find them reliably entertaining, but Sanderson is a mediocre writer whose schtick is rigorously-defined magic systems and world-building, to the point that his books sometimes read like LitRPGs, and a big overarching cosmology called the "Cosmere" that unites every one of his series into his own personal MCU.)

Sanderson is also a Mormon. If you've noticed we're in the Culture War thread, you might have an inkling where this is going.

From time to time over the years, some LGBT folks have taken a run at Sanderson over his religion. In 2007 or so, he wrote a blog post offering a sort of milquetoast apologetic, basically saying he was totally cool with The Gays but he also believed in the divine revelations of his church so gay marriage is still a no-go, mmkay? He's been under continual pressure by fans to "update" his views, and he kind of has, saying he continues to "learn and grow." He's tossed a few gay and trans characters into his stories, and he's even written a FAQ: How Do You Feel About Gay Characters?. However, he remains a practicing Mormon, continues to tithe to the LDS, and has very carefully never actually walked back the belief that homosexuality is a sin.

So how has he avoided getting the Orson Scott Card/JK Rowling treatment? Well, for one thing, Sanderson is a genuinely nice guy who is affable with everyone, loves his fans, is very encouraging of new authors, and most importantly, generally avoids any kind of culture war and does not get into Twitter fights. He's got legions of defenders, and most of them accept his bland statements of tolerance and acceptance. It's pretty obvious that he does not personally dislike gay people, and I'm sure he would be thrilled if the LDS elders announced tomorrow that they just received a new revelation from God that He's totally cool with The Gays.

For most people, this is sufficient. There are people who are zealous and dogmatic about everything their church teaches, and there are those who clearly struggle sometimes with a religious doctrine that conflicts with their personal feelings. Most people recognize that everyone wrestles with cognitive dissonance, think "live and let live" is good enough, and if they like Brandon Sanderson despite disagreeing with his religious beliefs, they'll recite "no ethical consumption under capitalism" or "how to be a fan of problematic things."

Most people, but not Gretchen Felker-Martin.

Gretchen Felker-Martin is a transwoman with a single published book: Manhunt. If you wanted to create a hostile caricature of an unpleasant leftist conflict theorist who checks every stereotype, you'd have a hard time finding a better archetype. Think trans Arthur Chu with a foothold in SFF.

Manhunt is about (caveat - I haven't read it, this is what I gathered from reviews) a plague that turns all cis men into feral zombies, and in the post-apocalypse, brave stunning transfolx battle for survival against cismen and TERF hordes. (Yes, seriously.) They also harvest testicles for hormones or something, there's a ton of graphic rape and murder, and also apparently there's a throw-away line about JK Rowling being burned alive in her mansion.

Manhunt was published by Tor, which also, incidentally, publishes Brandon Sanderson.

So, a few days ago, Felker-Martin posted this tweet. (ETA: Hilariously, Twitter's new "added context by readers" feature is now defending Sanderson. I wonder how enraging that is to Felker-Martin?)

In itself, this would be hardly a skirmish in the Culture War. Trans woman doesn't like a Mormon author, wants to cancel him, writes stupid Tweet. It looks an obvious move to try to kneecap a rival, but Felker-Martin probably bit off too much to chew this time and has mostly been mocked for presuming to have some sort of gatekeeping role in deciding who SFF will "tolerate."

But - the reason I wrote this is because I've seen the Sanderson criticism take off a little bit, more than in previous attempts. His haters are really trying to give it legs. The Midnight Society, for example, is a woke satirist who is actually, pretty funny most of the time with really on-point skewerings of SFF and horror authors (except when taking obligatory swipes at JK Rowling by portraying her as a slithering snake hissing about Jewssss and transsss), and this tweet started out great (a completely deserved send-up of Sanderson's tropes) before shifting to an unsubtle signal-boost of the discourse started by Felker-Martin.

Twitter and Reddit seem to have an awful lot of "Hey, did you know Brandon Sanderson is a Mormon?" threads. (It is amazing to me that there are people who've been reading his books for years and had no idea - he does not make it a secret, and also I guessed by the end of the first Mistborn trilogy that the author was a Mormon without knowing anything about him.)

You can see all the usual arguments being recycled: "Should we cancel all Mormon/Catholic/Christian authors then?" (Felker-Martin: "Unironically, yes.") "It's just his personal belief, has nothing to do with how he treats gay people." ("But he TITHES and that means he is funding the LDS's Anti-Gay Death Camps!")

So woke fandom tried to take a scalp and overreached (this time), because while Tor is pretty darn woke, they're still not going to drop one of their biggest cash cows. Yet.

Can You Cancel a Bestseller?

Not literally, no. But can you hurt even a big name? Yes.

JK Rowling is still mega-rich, still a best-selling author, still beloved in most of the world. Yet I'm sure it does sting, even if she never says so publicly, that she and her books will never be celebrated again without an asterisk, that Harry Potter fandom tries to put her name in small print if at all, that she will never be reunited with the stars who she saw grow up and considered friends, until they were forced to denounce her. (Though in Emma Watson's case, it doesn't seem like much forcing was needed.)

They might not be able to Voldemort Brandon Sanderson, but being turned into a homophobic villain who is reviled by fandom and no longer invited to conventions would definitely hurt him. More cynically, Felker-Martin might know that Sanderson was too big a target, but that much smaller Mormon (and Catholic and Baptist, etc.) authors might be intimidated.

(Which makes me tempted to say, "Okay, now do Muslims," but there are only a handful of Muslim SFF authors I know of. The most famous is probably Gwendolyn Willow Wilson, an American Karen who converted to Islam and writes the Ms. Marvel comic book series. Saladin Ahmed wrote a few fantasy novels and also the Miles Morales Spider Man. Amal El-Mohtar is very in with the woke Hugos crowd. All of them apparently believe that Mohammad was totally cool with The Gays. It will be interesting to see if an actual tradcon Muslim ever tries to break into the industry.)

Contra deBoer on transgender issues

I don't think you're merely asking us to be "kind"

I’ve long been a great fan of Freddie deBoer. He’s a consistently thought-provoking and engaging writer, courageous in his willingness to step on toes and slaughter sacred cows, worth reading even when I (often) disagree with him.

One of many areas on which I disagree with Freddie is in our respective stances on trans issues. Some years back, he posted that he was sick of people in the comments of his articles bringing up trans issues even though the article itself had nothing to do with the topic, and announced a blanket ban on this specific behaviour.1 He subsequently posted about the subject in more detail, explaining why (in contrast to his more iconoclastic opinions on progressive issues like racism, policing and mental health) he supports the standard “trans-inclusive” paradigm more or less uncritically. In March of last year, he posted an article titled “And Now I Will Again Ponderously Explain Why I Am Trans-Affirming”.

To be frank, I found the article staggeringly shoddy and poorly argued, especially for such a typically perceptive writer: it was a profound shame to see him fall victim to exactly the same errors in reasoning and appeals to emotion he so loudly decries when progressives use them in other political contexts. I intended to write a response to that article but never got around to it, and then the moment had passed. Last week he published not one but two new articles on the topic, so now I have a second chance to strike while the iron is hot. In some cases I will respond to Freddie’s arguments directly; in other cases I think it will be illuminating to contrast what Freddie wrote on this topic with what he has written on other controversial political issues in the past, to illustrate how flagrantly he is failing to live up to his own standards and committing precisely the same infractions he has complained about at length in other contexts.

“No one is saying” and what a strawman is

Freddie repeatedly asserts that various complaints that gender-critical people might have about trans activists are completely unfounded and invented from whole cloth, that no trans activists are saying what gender-critical people accuse them of having said, and that if any trans activists are saying these things then they’re only a small radical fringe and they don’t matter.

They’re trying to obliterate the distinction between male and female, between men and women, altogether!

Who? Where?… No one wants you stop calling your kids boys or girls and no one wants you to stop being a man or woman.

Terms like “birthing person” and “chestfeeding” are stupid and alienating to a lot of people!

Well… yeah… Again, though, plenty of trans people don’t use this language, and it’s mostly confined to the parts of our culture that have aggressive HR departments. I have been around LGBTQ people generally, and activists specifically, for most of my life. No one has ever scolded me for saying “ladies and gentlemen” or “breastfeeding” or “dad.” Not once have I ever been confronted about using language that suggests a gender binary. Not once!

In 2021, Freddie wrote an article titled "NO ONE SAYS" & What a Strawman Is", describing a rhetorical trick in which a person opposing him on some political issue will insist that “NO ONE SAYS” a thing Freddie disagrees with, Freddie will cite examples of people saying that exact thing - but rather than concede the point, the person will simply move the goalposts:

You know what the “no one is saying” crowd do when you show them incontrovertible evidence that someone is saying it? They say “oh that person doesn’t matter,” and roll right along. “No one is saying” morphs easily into “no one important is saying.”

Freddie might claim that no one is trying to obliterate the distinction between men and women; no less than a once-august publication like Scientific American argues that sex is a “spectrum” and that the idea of there being “only” two sexes is “simplistic”. Freddie might claim that no one in his experience has ever scolded him for saying “birthing person”, but that is the official language advocated for by the UK’s National Health Service. Freddie might insist that no one wants you to stop calling your kids boys or girls, but here’s a fawning article in the New York Times about parents doing exactly that, and another from the BBC.

Note also Freddie’s claim that linguistic prescriptions like “birthing person” and “chestfeeder” are largely confined to “the parts of our culture that have aggressive HR departments”. This might come as a surprise to Freddie, but some of us actually have to work in companies with aggressive HR departments - we aren’t all lucky enough to be self-employed freelancers pulling down six figures a year, beholden to no one but ourselves. It’s very strange for a self-identified Marxist who expresses such profound outrage about the capitalist exploitation of the proletariat to be so blasé about the obnoxious ideological hoops that ordinary working people are made to jump through as a condition of continued employment in a precarious economy.

For emphasis: Freddie, someone is in fact saying! And in many cases these “someones” are far more powerful and have far more influence on our culture than you or anyone in your circle of like-minded Brooklyn activists. When the fifth-largest employer in the entire world is demanding that its staff exclusively use “birthing person” in place of “mother”, what some Brooklyn activist believes is beside the point.

Female sporting events

I also find it hard to square Freddie’s claim that “no one” is trying to obliterate the distinction between male and female altogether with his apparent belief that trans women competing in female sporting events is entirely fair and legitimate. How can such a policy possibly be justified without ignoring the indisputable biological reality, consistent across time and space, that the average male person is stronger, faster and more resilient than 99% of female people? No less of a once-respectable institution than the American Civil Liberties Union describes the claim that “Trans athletes’ physiological characteristics provide an unfair advantage over cis athletes” as a “myth”. When a respected organisation like the ACLU, with an annual budget exceeding $300 million, asserts that male people are collectively no stronger than female people - the only way I can describe the claim that “no one” is trying to obliterate the distinction between male and female people is that it is a shameless insult to the reader’s intelligence.

Scepticism for me, but not for thee

A recurrent problem throughout the article is Freddie assuming that any criticism of trans-inclusive policies is a criticism of trans people themselves. No matter how many times a gender-critical person might assert “I’m not worried about trans people using this policy to hurt people - I’m worried about bad actors who are not themselves trans or suffering from gender dysphoria taking advantage of this policy to hurt people”, Freddie continually insists that criticising policies intended to be trans-inclusive is functionally the same as criticising trans people as a group. This is precisely the same kind of facile reasoning he’s so elegantly skewered in other political domains - the notion that opposition to this or that policy necessarily implies hatred of black people, or the mentally ill, or what have you. But he’s guilty of it himself, admitting elsewhere in the article that certain trans-inclusive policies pursued by the radical fringe of the trans activist lobby are short-sighted and counterproductive. So we find ourselves in the curious position in which Freddie can criticise this trans-inclusive policy without that bringing his support for trans rights into question - but if gender-critical people are sceptical or uneasy about that trans-inclusive policy, the only reasonable explanation is that they’re crypto-conservative fundamentalist Christians motivated solely by disgust and hatred of trans people.

For example, Freddie admits to scepticism about outré neogenders (“I suspect a lot of those people will probably adopt a more conventional gender identity as they age”), that a lot of the linguistic prescriptions trans activists make are preposterous and counterproductive (“I think making people believe that you want to get rid of the term “mother” is about as politically wise as punching a baby on camera”), that it’s wrong to act like medically transitioning will solve all of a trans person’s problems (“And I worry, for young trans people, that they’ll find transitioning to be just another of these human disappointments - things will be better, no doubt, but as we all tend to do they’ll have idealized the next stage of their lives and then may experience that sudden comedown when they realize that they’re still just humans with human problems”) and even that some medical practitioners are being overly aggressive about pushing minors to transition (“Can I see understand [sic] some concerns with overly-aggressive medical providers pushing care on trans-identifying minors too quickly? I guess so.”) These topics, apparently, reside within the Overton window: one is entitled to raise concerns about them without being accused of being motivated by malicious hatred of trans people as a group. Why are these concerns legitimate to express, and not: the unintended consequences of abolishing single-sex bathrooms and changing rooms; male rapists with intact genitalia being incarcerated in female prisons; convicted sex offenders coming out as trans and changing their names in order to evade child safeguarding policies - or any other of the litany of reasonable-sounding objections gender-critical people have raised over the last decade or so? No idea.

The bathroom question

A large chunk of both articles is dedicated to the question of whether it is appropriate to allow trans women to use women’s bathrooms:

They’re gonna rape the girls in the bathrooms!

Please, help me understand this, because it’s never made an ounce of sense to me. The claim is that, if you allow transwomen into women’s bathrooms, they’ll rape the women in there, right? Here’s my question: do you think that a sign on a door is gonna keep a rapist from raping? Like, there’s a sexual predator who wants to commit a rape, and he’s about to follow a woman into the bathroom to do so, but then he sees that it’s a women’s bathroom and says “ah shucks, I guess no rape for me today”? I simply do not understand this. If physical proximity is by itself sufficient incitement to sexual assault, then we have much, much bigger problems on our hands. How does legally allowing a transwoman into a girl’s bathroom create any greater threat than a cisgender man’s practical ability to simply walk into that bathroom and assault someone?

I personally am not a diehard advocate for sex-segregated bathrooms, and can see the merit in making all bathrooms gender-neutral. Of all the components of trans activism going, gender-neutral bathrooms is perhaps the one I find least objectionable. That being said, I find the argument for sex-segregated bathrooms easy to understand (even if I don’t necessarily share it), and admit to being surprised that Freddie doesn’t get it, so I will try to aid him in understanding it.

A blanket policy of sex-segregated bathrooms is intended to minimise the risk of female people being raped or sexually assaulted by male people in bathrooms. While a policy of sex-segregated bathrooms is enforced, a person who sees an obviously male person enter a women’s public bathroom could reasonably assume that that person was up to no good, and take appropriate steps to rectify the situation (such as notifying a security guard). Under a trans-inclusive bathroom policy, one is no longer supposed to assume that a male person entering a women’s bathroom is up to no good, because they might identify as a trans woman.

While Freddie is correct that, under a policy of sex-segregated bathrooms, there is nothing stopping a male rapist from simply walking into a women’s bathroom, a trans-inclusive bathroom policy makes it dramatically easier for such people to get away with committing an opportunistic rape, as bystanders will be less likely to intervene if they see a male person entering a women’s bathroom for fear of being accused of being transphobic. The reasoning is similar to regulations in which adults are not permitted to enter public playgrounds unless they are the parent or guardian of a child: obviously a child molester can simply ignore the regulation, but the regulation is designed to make bad actors more obvious to bystanders.

If a woman is in a public bathroom and an obviously male person walks in, there is no reliable way for her to tell if that person is a harmless trans woman just minding her own business, or a rapist exploiting well-meaning inclusive policies for malicious ends. The fact that the person has a penis is not dispositive in one direction or the other (as Freddie acknowledges not all trans people may wish to medically transition); nor that they are bearded and wearing jeans and a T-shirt (because “trans women don’t owe you femininity”, and a trans woman presenting as male does not in any way undermine her trans identity).

[image in original post]

For the reasons outlined above, there is no way to reliably distinguish between trans women and cis men on sight2. Hence, there is functionally no difference between “bathrooms intended for women and trans women” and “gender-neutral bathrooms”. Like Freddie, I am not aware of any hard evidence that making bathrooms gender-neutral in a particular area resulted in an increase in the rate of rape or sexual assault. I understand the gender-critical opposition to gender-neutral bathrooms without necessarily sharing or endorsing it. Even if the concerns about how this policy might be exploited by bad actors are in fact unfounded, I don’t think it’s fair to accuse everyone expressing those concerns of being transphobic. I think it’s especially unfair to accuse a gender-critical person of saying they think all trans women are rapists when, in my experience, gender-critical people go to great lengths to emphasise that they are concerned about bad actors who aren’t trans taking advantage of these policies for malicious ends, rather than trans women doing so.

Overstating the importance of the issue

In his second article from last week, Freddie complains that gender-critical people have vastly overstated the significance of the trans issue, elevating it to the status of “the most important social divide of our time, apparently beating out crime and education and the collapse of the family etc” when trans/NB people make up at most 2-3% of the American population. I agree that, in the scheme of things, trans issues receive a vastly disproportionate share of column inches relative to their import. Where I differ from Freddie is placing the blame for this state of affairs solely at the feet of gender-critical people.

As noted by Wesley Yang, there are 39 separate days3 in the American political calendar specifically dedicated to celebrating trans people (and an additional 77 days dedicated to celebrating trans people as a subset of LGBTQ+) - in contrast to Black History Month, which famously falls on the shortest month in the Gregorian calendar, despite black Americans making up 13-14% of the US population. President Joe Biden gave a statement on Transgender Day of Remembrance, while Democratic candidate Elizabeth Warren made the frankly bizarre campaign promise that her pick for education secretary would have to be personally vetted by a transgender child. There has hardly been a single political issue in the last ten years that hasn’t been framed as “how might this affect trans people?” or “what does this mean for the struggle for trans rights?” in the popular media, no matter how tangential the connection - everything from Black Lives Matter to the war in the Ukraine to gun violence in schools to the cost-of-living crisis to Covid to AI to the Israel-Palestine conflict to Brexit and even climate change (“[exposure to secondhand smoke] can exacerbate the respiratory stress that LGBTQI+ populations may experience from air pollution and chest binding, which is a common practice among transgender men to achieve a flat chest”)

It’s a bit rich to demand that Americans spend more than one-tenth of the calendar year celebrating trans people, “centring their voices” and putting their trials and tribulations at the forefront of their consciousness - only to then turn around and say “umm why do you even care about this, it’s such a tiny issue lol” when some of them offer even the mildest pushback. You brought it up.

[image in original post]

Medical transition of minors

Social contagion via social media

On the controversy over underage trans people discovering a transgender identity and/or undergoing medical transition, Freddie writes:

Children are routinely getting permanently-disfiguring medical treatment!

To begin with, every indication is that the number of trans children receiving hormones remains low, and the number undergoing surgical interventions vanishingly rare. Can I see understand some concerns with overly-aggressive medical providers pushing care on trans-identifying minors too quickly? I guess so. But what I can promise you is that I want medical decisions about children to remain between the children, their parents, and their doctors. That’s who should have a say - the children, the parents, and the doctors. If in fact there are risks or problems identified with the current manner of practicing trans-affirming medicine for children, then we will have to rely on the medical community to change their standard of care as new data comes available. Will this result in perfect outcomes? Of course not. Does pediatric sports medicine or pediatric oncology result in perfect outcomes either? Of course not. What I am certain of is that I don’t want the government getting involved in these medical decisions. Ron Desantis does not get a say, sorry.

It’s fascinating contrasting the passage above with an article Freddie published in 2022 about the recent phenomenon of social media-addicted teenagers suddenly “discovering” that they suffer from dissociative identity disorder (“DID” for short, popularly known as “multiple personality disorder”), an exceptionally rare condition in which a person has multiple distinct personalities (called “alters”). Freddie unequivocally asserted that most or all of these teenagers are either mistaken (honestly confusing the symptoms of some relatively banal personality trait or mental illness for an exotic psychosis) or actively lying; that this is bad for the teenagers themselves; and that the adults who ought to know better but indulge these teenagers anyway should be ashamed of themselves. He even went so far as to argue that dissociative identity disorder may not even exist, citing as evidence (among other things) that certain people only “discovered” they had it after being charged with a crime. How this observation ties into the transgender debate is left as an exercise to the reader (but here are a few hints).

I really cannot fathom how Freddie can reconcile his position in the DID article with his position on trans teenagers: the cognitive dissonance is simply astounding. Freddie insists that gender-critical people need not be concerned about teenagers receiving hormones or surgical interventions, as the rates at which these are occurring are “low” and “vanishingly rare” respectively - but I would be very surprised if the number of teenagers claiming to suffer from DID (even if they aren’t receiving any medical treatment for same) is greater than the number coming out as trans, which does not in any way alter Freddie’s opinion that the former is a concerning trend. He talks about “a notoriously controversial and historically extremely rare disorder… suddenly bloom[ing] into epidemic proportions among teenagers with smartphones and a burning need to differentiate themselves” and does not accept for a moment the explanation that “expanding public consciousness about such illnesses reduces stigma and empowers more people to get diagnosed with conditions they already had” - but simply refuses to connect the dots with the other thing that awkward teenagers with smartphones and burning need to differentiate themselves started “discovering” about themselves en masse all over the Western world about ten years ago (which resulted in an over 5,000% increase in referrals among female minors to the UK’s centre for transgender children - in the space of less than ten years). And the standard explanation offered for why so many female teenagers are coming out as trans is word-for-word the same as the standard explanation for why so many teenagers are claiming to suffer from DID!

Imagine, if you will, two female teenagers:

  • Alice is a socially awkward thirteen-year-old with some autistic tendencies. Having trouble fitting in at school, she retreats into social media, becoming immersed in communities of like-minded individuals on Tumblr and TikTok. Six months later, she announces to her parents that she has dissociative identity disorder and multiple “alters” (having given no indication that she experienced like this at any point prior), and demands to be brought to a therapist, and perhaps later to a psychiatrist who will prescribe her powerful antipsychotic medication which comes with a host of side effects.

  • Barbara is a socially awkward thirteen-year-old with some autistic tendencies. Having trouble fitting in at school, she retreats into social media, becoming immersed in communities of like-minded individuals on Tumblr and TikTok. Six months later, she announces to her parents that she is a trans boy called Brandon (having given no indication that she was dissatisfied with her gender identity at any point prior), and demands to be brought to a physician who specialises in gender issues who will prescribe her hormones (which come with a host of side effects) and recommend that she undergo top and/or bottom surgery.

Freddie looks at Alice and says: this is concerning, and Alice will suffer as a result - I don’t care that I’m not Alice’s parent or healthcare provider, I still think it’s concerning and I’m entitled to say so. Freddie looks at Barbara/Brandon and says: nothing to see here - it’s a private matter for Brandon, Brandon’s parents and Brandon’s healthcare providers, “I don’t understand why this element of medical science has become everyone’s business to a degree that is simply not true in other fields”, and if you think this is concerning then you’re a bigot. No matter how much a gender-critical person might insist that they are motivated by concern for Barbara/Brandon’s welfare which is just as authentic as Freddie’s for Alice - no, they’re really just a closeted conservative Christian consumed with hatred and disgust for trans people. I truly do not understand why Freddie is entitled to his opinion on Alice (despite not knowing her personally), but no gender-critical person is entitled to their opinion on Barbara/Brandon.

Let’s take it a step further:

  • Alice is a socially awkward thirteen-year-old with some autistic tendencies. Having trouble fitting in at school, she retreats into social media, becoming immersed in communities of like-minded individuals on Tumblr and TikTok. Six months later, she announces to her parents that she has dissociative identity disorder and multiple “alters”, and also that her “primary” persona is that of a trans boy named Alan (having given no indication that she suffered from dissociative identity disorder or any discomfort with her gender identity prior to installing TikTok on her phone). Alice/Alan demands to be brought to a therapist, and perhaps later to a psychiatrist who will prescribe her powerful antipsychotic medication which comes with a host of side effects; and also to a physician who specialises in gender issues who will prescribe her hormones (which come with a host of side effects) and recommend that she undergo top and/or bottom surgery.

What reasonable person would look at the scenario described above and not immediately conclude “Alice has erroneously come to believe both that she is trans and suffers from DID because of her social media consumption”? But Freddie would have us believe that the two phenomena are entirely unrelated. The fact that Alice discovered that she was transgender and had DID at exactly the same time, that she did so immediately after spending far too much time in online communities in which both DID and being trans are glamorised - this is all just a big coincidence. Freddie absolutely reserves the right to say that Alice will suffer as a result of her erroneous belief that she has DID, but anyone (outside of Alice’s parents and healthcare providers) who does the same of her belief that she is a trans boy has outed themselves as a cruel, malicious bigot.

Some of the passages from Freddie’s DID article are almost painfully on-the-nose:

You might very well ask how it could possibly be the case that a notoriously controversial and historically extremely rare disorder would suddenly bloom into epidemic proportions among teenagers with smartphones and a burning need to differentiate themselves. How could that happen? The standard line on these things is that expanding public consciousness about such illnesses reduces stigma and empowers more people to get diagnosed with conditions they already had. [emphasis mine]

And the core point here is that the people who are being hurt by this are these kids themselves. Sucking up scarce mental health resources with fictitious conditions is irresponsible, yes, and pretending to be sick for clout is untoward. But setting that aside, self-diagnosis is dangerous. Playacting a serious mental illness is harmful to your actual mental health. Fixating on the most broken part of yourself is contrary to best medical practices and to living a fulfilled life. Defining yourself by dysfunction is a great way to stay dysfunctional. And everything about mental illness that seems cool and deep and intense when you’re 18 becomes sad and pathetic and self-destructive and ugly by the time you’re 40. Take it from me. These kids are hurting themselves. I don’t want to ridicule them. I’m not even angry at them. I’m angry at their adult enablers. That includes the vast edifice of woowoo self-help bullshit Instagram self-actualization yoga winemom feel-good consumerist tell-me-I’m-special psychiatric medicine, and a media that loves the prurient thrills of multiple personalities and never saw a vulnerability that it couldn’t exploit.

Most of these young people will probably just move on as they get older, realizing that keeping up this pretense is exhausting and pointless, and go on to live (I hope) normal healthy lives. But some of them are no doubt using these popular and trendy diagnoses as a way to avoid what’s really wrong with them, far more prosaic and thus unsexy personal problems, whether mental illnesses or not. And all of this, the enabling and the humoring and the patronizing, will really hurt them in the long run. Adults who play into it should be ashamed. [emphasis mine]

Incidentally, the scenario described above (in which Alice comes to believe that she is both trans and has DID) is not an armchair hypothetical. I took a quick scan of the #dissociativeidentitydisorder tag on TikTok and noticed that many of the individuals posting content under that tag describe themselves as transgender in addition to claiming to have multiple alters. Transgender patients who also claim to suffer from DID is apparently a sufficiently common scenario that it was discussed at the World Professional Association for Transgender Health in September 2022. What to do in the event that there is disagreement among the “alters” about whether or not to undergo medical transition? WPATH’s elegant solution: use a smartphone app to allow the alters to vote in turn and come to a collective decision.

Self-regulation of medical bodies

Stories like the above are precisely why so many gender-critical people don’t share Freddie’s optimism in the ability or willingness of the “medical community to change their standard of care as new data comes available”. By asserting that “I am certain… that I don’t want the government getting involved in these medical decisions. Ron Desantis does not get a say, sorry”, Freddie is committing himself to a position in which the medical bodies governing transition for minors will always be able to effectively self-regulate and will never require outside interference from governmental bodies.

That’s a remarkably high level of confidence to have in any medical body governing any kind of medical treatment. Of course we would all love to live in a world in which medical bodies can self-regulate and no outside interference is necessary, but - well, medical scandals happen, and sometimes the government getting involved is an act of last resort after self-regulation fails. I’m not saying that the bodies governing healthcare for trans minors are any worse at self-regulation and course-correction than the average medical body (whether in oncology or orthopaedics or whatever); but I’m definitely saying I don’t think I have any good reason to believe that these medical bodies are better than average, and certainly not so much better that Freddie’s unshakeable confidence in them can be rationally justified.

To use an example of how medical bodies’ self-regulation can and does fail, the Irish surgeon Michael Neary conducted unnecessary hysterectomies and other surgical procedures on over a hundred women over a thirty-year period. Several nurses blew the whistle at various points in his career, to no avail; an internal investigation conducted by three consultants found no evidence of wrongdoing and recommended that Neary continue working in the Lourdes Hospital. It was only after a judicial inquiry brought by the ministry for health and children (i.e. the government) that Neary was finally struck off the register, five years after the internal investigation found he’d done nothing wrong. If the government hadn’t gotten involved (as a measure of last resort, the ability of the medical bodies in question having demonstrably failed to self-regulate and course-correct), it’s entirely possible that Neary would have ruined dozens of additional women’s lives before retiring on a tidy pension. Or consider the more recent example of Lucy Letby, a serial killer working as a nurse who murdered at least 7 newborn babies: the NHS Foundation Trust attempted to handle the matter internally (even forcing doctors who’d raised the alarm about Letby to personally apologise to her) and were extremely resistant to involving the police. It was only after alerting the police (i.e. the government) - nearly two full years after members of staff had raised the alarm following Letby’s first confirmed victim - that Letby was finally removed from her position and later arrested, charged and convicted.

To clarify: I’m not saying that governmental intervention into transition for minors is currently necessary. However, the suggestion that we can confidently assert that no such intervention will ever be necessary is preposterous. I don’t think we have any good reason to believe that the medical bodies governing medical transition for minors are invulnerable to the kinds of social dynamics and institutional failures that have afflicted every other kind of medical body,4 and doctors as a profession (as the examples above illustrate) are notorious for closing ranks and circling the wagons at the first whiff of a potential scandal. To simply declare by fiat “the medical bodies governing transition for minors will always be able to self-regulate and course-correct, governmental oversight or intervention is not necessary and never will be” is shockingly naïve. He touched on a similar point in his article from March of last year:

For example, it’s entirely possible for clinics that specialize in adolescent transition to be mismanaged or otherwise imperfect. That’s simply the reality of medical care at scale. What I don’t understand is why this would be uniquely disqualifying; there are no doubt dialysis centers and radiology labs and pharmacies that have serious operational problems, but no one thinks that this discredits those kinds of medicine.

All true. The difference being that, in my experience, whistleblowers who call attention to substandard practices at dialysis centres, radiology labs and pharmacies are not generally accused of lying, being right-wing agitators or being bigoted against marginalised members of society - all accusations hurled at Jamie Reed, even well after her claims of misconduct were largely substantiated by no less than the New York Times.

This unqualified confidence in a class of medical practitioners is all the more baffling coming from Freddie, considering he himself found it entirely credible when one of his readers described how her therapist used their sessions as an opportunity to hector and guilt-trip her about her white female privilege in the style of racial grievance politics popularised by Robin diAngelo and Ibram X. Kendi. If therapists are vulnerable to allowing their faddish political opinions override their duty of care to their patients, why not endocrinologists, surgeons and so on?

But I suppose the mere suggestion that endocrinologists who work with trans teenagers are just as fallible and prone to ordinary human error as anyone else makes me a cruel, malicious bigot who hates trans people.

Parental input into their children’s transition is more controversial than Freddie seems to think

As an aside, do you know who besides gender-critical people is a cruel, malicious bigot? If we were to be even a little bit consistent about this, Freddie himself. I’m not the first person to note that perfectly reasonable and level-headed individuals with impeccable progressive bona fides (such as Jesse Singal) have been smeared as bigots by no less an insitution than GLAAD simply for arguing, as Freddie does, that the parents of trans children should have some input into what medical treatments their children do or don’t undergo. The official stance of many pro-trans organisations is that “trans kids know who they are” and that any attempts to gatekeep their access to “gender-affirming care” (including by their parents) is denying them lifesaving medical treatment, no different from denying insulin to a diabetic.

If you think I’m exaggerating, consider this bill in the state of California which would make a parent’s decision to “affirm” their child’s gender identity (or not) a factor in custody disputes (at the time of writing, it has passed both houses but not yet been signed into law). In the eyes of the state of California, all other things being equal, a parent who expresses misgivings about their child’s desire to medically transition is a strictly worse parent than a parent who uncritically and enthusiastically endorses that child’s desire. See also the publicly-funded British charity Mermaids, who were caught sending a chest binder to a journalist posing a 14-year-old teenager, even after being explicitly told that the girl’s mother had forbidden her from wearing one.

Obviously, Freddie, you would be very insulted if you were to be smeared as a bigot for expressing the “standard, not-particularly-interesting progressive” opinion that parents should have some say in what medical treatments their children undergo. Please recognise that this “not-particularly interesting” opinion of yours is in fact very controversial in the trans activist space. Please try to understand how gender-critical people feel when you smear them as bigots for expressing what seem to them “standard, not-particularly interesting progressive” opinions, such as “it’s bad when sex offenders falsely claim to be trans women so as to serve their sentences in women’s prisons”.

Detransition

In his article from March, Freddie had this to say about detransitioners:

Yes, detransitioners exist. (I was close with someone like that in grad school.) This is the human species; people do all kinds of things for all kinds of reasons, including transitioning back to a gender identity that they once transitioned from. And I have no particular opinion on how many of those people there are. What I don’t understand is why the existence of detransitioners should undermine our respect for trans people. Why would the mere existence of people who transition back do anything to challenge our belief in the validity of the majority who transition and then maintain that gender identity permanently?

For the record, the existence of detransitioners does not undermine my respect for trans people. I have trans friends who I respect. If they decided that they wanted to revert to being cis, I would support them in that decision absolutely. The existence of people who transition and then come to regret their decision does not challenge my belief that adults are entitled to transition in the first place, any more than (to use a banal example) the existence of people who undergo tattoo removal challenges my belief that adults can get tattoos if they want to.

The detransition phenomenon is important to highlight in the interests of informed consent. If an adult is considering undergoing an elective medical procedure (or series of medical procedures), their healthcare practitioner should proactively make them informed about the statistical outcomes of that medical procedure, which includes the proportion of people who undergo that procedure and later come to regret it. This goes double for surgical procedures which have a high risk of complications. It goes double-double for highly invasive procedures which will irreversibly change large parts of a person’s body and permanently sterilise them. And it goes double-double-double when you’re proposing to do the above on minors.

If our collective attitude towards medical transition was sensible and depoliticised, the paragraph above would be a complete no-brainer. Instead we find ourselves in a culture in which medical transition is routinely presented as a silver bullet which will erase a trans person’s problems in one fell swoop; in which even the expected downsides of successful transition are downplayed and minimised by healthcare practitioners; and in which distressed parents are browbeaten with emotionally manipulative slogans like “Would you rather have a live daughter or a dead son?” In this environment, it’s perfectly reasonable to push back on the soft-pedalling of medical transition by pointing out that a significant proportion of those who transition later regret their decision, and that prospective transitioners ought to take that fact (among others) into account when making their decision.

If anything, the term “detransition” downplays the severity of the situation. A “detransitioner” has not simply pressed Ctrl-Z and reverted their body to factory settings - the changes they have made to their body are generally irreversible and will completely change the course of their life. Michael Neary’s victims were furious upon realising that they were denied the ability to have further children for no good reason at all - the idea that medical professionals would downplay the magnitude of the decision to transition is unconscionable.

The “Fox News Fallacy”

In his article about multiple personality disorder, Freddie described what he called the “Fox News Fallacy”. I will quote from it at length:

Here’s the problem: under current conditions, there’s no way I can talk about any of this in a way that liberals and leftists will listen to. They’ll see that I’m criticizing Zoomers on TikTok who are engaging under the broad umbrella of “identity” and they’ll declare me a reactionary. No matter how right I am. Ruy Texeira calls it the Fox News Fallacy: “if Fox News (substitute here the conservative bête noire of your choice if you prefer) criticizes the Democrats for X then there must be absolutely nothing to X and the job of Democrats is to assert that loudly and often.”

The specific way that lefties will dismiss this problem will be to say, hey, who cares, it’s just adolescents on TikTok. They won’t affirmatively say that it’s good that thousands of teenagers claim to have spontaneously developed an extremely rare and very punishing mental illness, because that’s stupid, so they’ll say it just doesn’t matter, and really it’s weird that you’re paying attention to this. I’ve already established why I care - I believe that this behavior, and the broader suite of 21st century progressive attitudes towards mental health, are doing immense damage to vulnerable young people. But also we’ve seen this movie before.

People pretend that this never happened, now, but in the early and mid-2010s, the stock lefty response to woke insanity at college was not to say that the kids were right and their politics were good. That was a rarely-encountered defense. No, the sneering and haughty response to complaints about, say, incredibly broad trigger warning policies that would effectively give students the option to skip any material they wanted to was, “hey, it’s just college! They’re crazy kids, who cares? Why are you paying so much attention?” Of course, first it was just elite liberal arts colleges, tiny little places, who cares about what happens there. And then it was just college. And then it was just college and Tumblr, and then college and Tumblr and Twitter, and then it was media and the arts, and then all the think tanks and nonprofits, and when it had reached a certain saturation point the defense changed: now it was good. Just like that, overnight, the “it doesn’t matter if that’s happening” sneering defense switched to the “yes that’s happening and it’s good that is’s [sic] happening” sneering defense. From an argument of irrelevancy to an argument of affirmation in no time at all, and absolutely no acknowledgment that what they were dismissing as meaningless the day before they were now defending on the merits.

And I’m fairly certain that’s what will happen with all of this “alters” shit and various other bits of identity madness. If you think we won’t have mainstream media liberals rabidly defending these self-diagnoses as “valid” and the “personal truth” of a generation of internet-addled kids, wait awhile. Wait. You’ll see. The cool types may not feel great about what’s happening, but they’re doggedly attached to never seeming to echo conservative complaints and are very invested in a self-conception of being above it all. So they won’t rock the boat and this ideology will bubble along in the background and eventually questioning it will result in instant excommunication. Meanwhile a lot of kids will get hurt.

I will inevitably be accused of a lack of sympathy for those with mental illnesses. But I have very deep sympathy for everyone who genuinely struggles with the human devastation of mental illness. What I have always demanded is that this sympathy be extended with an unsparing and viciously honest dedication to grasping their true, ugly, and profoundly unsexy reality. None of this stuff is honest, and none of it is healthy, and I think the cul de sac of rigidly-enforced identity politics is a ruinous development for psychiatric medicine. I am truly worried for online youth culture, and for that I’ll be called a reactionary.

And what does Freddie have to say about gender-critical people who are (among other things) concerned about trans teenagers for many of the same reasons that Freddie is concerned about teenagers claiming to have DID? Well, he

  • refuses to say it’s good that tens of thousands of teenagers are claiming to suffer from what was previously an extremely rare medical condition (gender dysphoria) and in many cases requesting drastic and irreversible medical and surgical interventions for same (because it would be stupid to say such a state of affairs is “good”)
  • says it doesn’t matter that it’s happening (“To begin with, every indication is that the number of trans children receiving hormones remains low, and the number undergoing surgical interventions vanishingly rare.”)
  • suggests that it’s weird that gender-critical people are paying attention to this at all (“I don’t understand why this element of medical science has become everyone’s business to a degree that is simply not true in other fields”) and
  • calls all gender-critical people reactionaries (“[Complaining about trans issues] would have made more sense under the old terms of straightforward appeals to public morality and Christian doctrine. The older school of conservative Christians would have simply denounced trans people as wicked, against God’s plan, where now those who agitate against trans rights have to jury-rig these bizarre justifications for restricting them. I would like to put it to those who insist that they don’t hate trans people but who spend endless hours agitating against them… maybe you do hate trans people? Or, at least, feel revulsion towards them, want never to have to encounter them in public?”).

One might think the breadth of criticisms directed towards trans activism and the range of people expressing them might give Freddie pause - surely not all of these people are just bigoted lapsed Christians motivated by animalistic revulsion of trans people? But no - no matter how many people express reservations about this or that component of transgender activism; no matter how measured, restrained and thoroughly researched their criticisms might be; no matter what point on the political spectrum they may reside on (including no less than the Communist Party of Great Britain, who in another world Freddie might consider fellow travellers); even if they are atheist materialists who object to gender ideology specifically because they consider its quasi-mystical dualistic character something of a cultural regression - everyone who is even a little bit more sceptical on the trans issue than Freddie must in fact be a closeted Christian who thinks that trans people are “wicked” and “against God’s plan”. There’s no other possible explanation that merits serious consideration, apparently.

__

1 For the record, I don’t blame him for finding this behaviour tiresome, I think the people melodramatically accusing him of hypocrisy for “censoring” them should chill out, and as it’s his Substack, the moderation decisions he enforces on it are entirely his prerogative. To anyone who says that my only beef with Freddie is that he won’t let me talk about this stuff in the comments of his articles about something unrelated, I would like here to reiterate: I have never complained about him forbidding people from bringing up trans issues in the comments of his articles, and completely respect his decision to ban people from doing so.

2 To better disambiguate between genuine trans women and cis bad actors was the root of my proposal to make incarcerating trans women in women’s prisons conditional on their being first assessed by a psychiatrist experienced in gender issues. Freddie doesn’t even touch on the prison issue at all, I suspect because he recognises a losing battle when he sees one.

3 Not including the unofficial “Trans Day of Vengeance”, which coincides with April Fool’s Day.

4 To bring it back to another of Freddie’s older posts: medical bodies are institutions, which means they are exactly as subject to the Iron Law of Institutions as any other institution.

I just heard what I think is a terrible atrocity (granted on the much milder-end of terrible atrocities) that no one seems to know or care about. Apparently Maryland requires that if you have been diagnosed with sleep apnea:

  1. you report it to the DMV
  2. you have to use a CPAP machine (edit: if that's your doctor's recommended treatment)
  3. your CPAP machine has to send data to the state showing that you're using it regularly for 70% of each night (edit: if CPAP is your doctor's recommended treatment)

Failure to do this will result in your driver's license being revoked.

This really makes my blood boil. I found out about this because my friend in Maryland is one such person affected by this, with her extremely mild case of sleep apnea (that probably 75% of Americans actually have). She didn't bother with or really need the CPAP, but now, the DMV found out, and is threatening to revoke her license, so she has no choice. Hell, I'm a person who's been diagnosed with very mild sleep apnea, but I chose to not use the CPAP machine, because I couldn't stand having an intrusive device strapped onto my face with tubes running on my bed, pushing air down my throat all night every night. Provided I didn't sleep on my back, I was completely fine, and I didn't need to use the device at all. Since then, I've lost weight, and I don't have sleep apnea anymore, or at least not as much, but I don't even know if they ever declare someone as "no longer having sleep apnea", or if I'd actually pass that threshold, or if the DMV would care. My only saving grace is that I don't live in Maryland, but man, this makes me so scared about what might come next, and how long I'll get to keep my driver's license for before this either comes to my state, or some other health-related driving restrictions start cropping up.

This seems like such rampant safetyism to me that it honestly makes me so angry, probably angrier than I should be. I guess this seems like such government overreach, much in the same way as covid restrictions. Except that these restrictions really could last forever, and expand to other states, and never go away, unlike the covid restrictions. Did Maryland honestly have rampant cases of drivers falling asleep because they were so tired from their sleep apnea that they needed to mandate an intrusive, ongoing, never-ending medical treatment to save people from crashing their cars? Does this help anyone at all, or were they just looking to do some security theater?

I really want to do something to fight this before it expands. Is this the sort of thing the ACLU would take up the fight for? Are there any organizations that would actually fund and spearhead a class action lawsuit for this sort of thing?

On respect

Recently, my wife attended an online lecture organised by her professor and held by an acclaimed researcher, on the topic of augmented and virtual reality. She is part of the (social) psychology department. The lecture was late in the day - 18:00 - so we all listened to it at home while at the dinner table (though we eventually turned on the TV for our daughter so she doesn't get bored).

Fellow academics might already guess were this is leading - we thought the topic was something interesting about how AR/VR can be used, unexpected challenges, etc.. It featured a small part of this, but a large part was about gender norms and how totally inexplicably people continue to behave the same way in VR as they do in RL, down to minute details such as the way they move, despite now finally having the freedom to shed their skin!

Clearly, this is evidence of the insidiousness of their oppression: They have internalised it so much that they can't even process the possibilities. It ended on a hopeful note however, that when we educate people better, all differences may eventually stop existing and people can be free in the VR.

But this is also just background for what I want to talk about: What struck me was the experience. In my field, genomics, genetic disease risk factors, etc., if I make a talk only about possible biological explanations, you can be sure that someone in the audience will ask "did you control for [social/environmental risk factor]?" If I'm advising a PhD student on a study design with a big data set like UKBB, I'll tell them to control for a long list of social/environmental risk factors. If the database has sparse information on this account, I mention it as a limitation. Even internally, I think this is important, this isn't something I only do because I'm challenged.

In other words, I genuinely respect social explanations.

Contrast this talk: The possibility of biological differences between sexes/genders isn't even mentioned. Nobody in the audience challenges that glaring oversight. My wife agreed that this is how it works in the department in general; If her colleagues talk about their social research, and my wife mentions the possibility of biological explanations, people look at her as if she just pissed on the ground. At most a hushed agreement, sure, maybe, it's a possibility, to get it over with. Needless to say, since she worked in the neurology department beforehand, she has to hold her breath quite often. She wanted to make a comment on it during the talk, but there are smarter ways to make enemies. She asked something anodyne instead, to show interest, make a good impression.

There is this idea that social sciences are not well respected among other scientists. I claim it is the other way around: The social scientists actively try to ignore other fields, insulate themselves and include non-social explanations only if pressed (which they are rarely), and grudgingly.

They do not respect any science except their own.

Also, assume I wrote some boring hedging about "not all social scientists" etc. I guess you could claim that this is just "boo outgroup", and I admit part of the reason this was written is me venting, but I think it might be an important observation: What does respect for a field mean? People may talk shit about social scientists, but in general they agree that the field is important to study. They're just unhappy with the way it is done.

School/education on its own seems relatively fine. It's just the particular way we go about it that ruins everything.

The standard meme in government economics is, "...best I can do is subsidize demand and restrict supply." We see this meme played out in at least three domains where there is high government involvement: education, medical care, and housing. Even just from that, there's not much surprise that prices rise higher and higher. But I think the standard bifecta is missing a third factor to make it a trifecta. What does the government do after subsidizing demand, restricting supply, and seeing prices go up? Why, they invariably come in and help the cartel they've set up price discriminate as perfectly as possible!

Every company wants to price discriminate. Companies/cartels with market power really want to price discriminate. The standard economics result is that if a monopolist is able to perfectly price discriminate (i.e., charge each individual customer exactly their willingness-to-pay), then they capture all of the gains from trade, leaving none of the surplus to the consumer. All consumers are still just barely willing to engage in the transactions, but none really feel like they've gotten a good "deal" out of the trade. These companies with market power are the bootleggers.

The baptists are in the government, seeing that high prices appear to harm poorer people, and they looooooove to help poorer people! So, what do you have to do when you want to go to college? Oh, just submit this federal form that tells the company gobs of data about your income/assets/etc..... oh, and for your family, too! That'll allow us nice people to help make college affordable price your personalized college experience as darn close to your individual willingness-to-pay as possible! Hospitals often tout (not sure if required by the government) programs that simply slash your bill, give you a personalized price, if only you give them a bunch of information about your finances. The government will even directly provide health insurance options for you... but, ya know, if you want a good individualized price, you better give us your financial data. I even saw this week that they're going to start adding fees to mortgages for homeowners with good credit (personalize their price) in order to subside those of homeowners with bad credit (personalize their price, too!).

All of this is wonderful, if you're part of the cartel that determines who can be a doctor, who can build a hospital, who can start a university (or even a program within a university), who can build what where (and have ease-of-permitting). Those are the people who will capture all the gains from trade. Everyone else? Whelp, be glad that you can just barely buy it, nevermind that you won't have much left over for any other aspects of A Good Life you might want.

I was reading this article about Amazon Prime's streaming service:

https://www.hollywoodreporter.com/business/business-news/inside-amazon-studios-jen-salke-vision-shows-1235364913/

Mostly it's not particularly culture war related, talking about how the executives are blowing huge amounts of money on niche shows that don't bring in enough viewers to justify their costs, or paying big salaries to writers and directors that don't end up producing much.

But this part made me chuckle:

Another complaint is that Sanders relies heavily on feedback from focus groups, which tend to favor broad and less inclusive programming. Several Amazon insiders say the reliance on testing and data led to a clash late last summer, when an Amazon executive said in a marketing meeting for the series A League of Their Own that data showed audiences found queer stories off-putting and suggested downplaying those themes in materials promoting the show. Series co-creator Will Graham became greatly concerned about bias built into Amazon’s system for evaluating shows, which multiple sources say often ranked broad series featuring straight, white male leads above all others. One executive calls A League of Their Own “a proxy for how diverse and inclusive shows are treated.”

Graham launched into an interrogation of the system, questioning multiple executives about it. Amazon took the issue seriously and dropped the system of ranking shows based on audience scores. Insiders cite this show as one that Sanders did passionately support, but for months after it dropped, there was no word on whether it would be renewed. Ultimately, Amazon agreed to a four-episode second and final season. Still, several Amazon veterans believe the system remains too dependent on those same test scores. “All this perpetuation of white guys with guns — it’s a self-fulfilling prophecy,” says one. And another: “Relying on data is soul crushing … There’s never, ‘I know the testing wasn’t that great, but I believe in this.'” Graham declined to comment.

I've seen people argue that big companies aren't ideologically woke, they're just doing it for good publicity with the ultimate goal of making money. I think if that was true then Amazon would tell their producers and directors to make the type of content that people want to see: white men with guns (apparently). And if they didn't want to get on board they should take a hike. That's what a company that wants to make money would do. Instead they're trying to change their audience's preferences which is a much harder and less profitable job.

Britta Perry: a Culture War time capsule

One of the fun things about reading old books or watching old movies is how you can be reminded of the way society changes. Obviously this is a somewhat trite observation, but it doesn't really make it any less jarring when something very casually conflicts with the subtle messaging you get every day in the present. Community is one of my favourite TV shows; it ran from 2009-2015 which isn't that far in the past, but I saw a Reddit post the other day that made an interesting observation about the zeitgeist it represented and how quickly we've moved on from it.

The female lead of the series is Britta Perry (played by the wonderful Gillian Jacobs), and in the first dozenish or so episodes of the show she's very much a conventional sitcom love interest: responsible, compassionate, earnest, striver for social justice, the Better Eventual Half of our morally listless protagonist, etc. This of course was bland and boring, so the writers ended juking things up and turning her into a much more interesting character. Rather than being the noble (and unfunny) stock liberal progressive, she became the annoying and semi-incompetent stock liberal progressive. She continues to be smug and overbearing about the same subjects, but she's flipped as a killjoy instead of righteous.

And it's interesting to see what the writers of the time considered to be the most annoying tendencies of white, urban, female, bourgeois progressivism. Yes, of course she complains about the patriarchy, thinks all her media consumption is about making a statement, she has to work her pet causes into every conversation, and she hates cops. But she's also a crusader for civil liberties, a big fan of Julian Assange, outspoken in favour of free speech, and paranoid about government surveillance. Even her evangelical vegetarianism seems notably out of place in 2023.

And of course perhaps what's most glaringly obvious is the subjects she DOESN'T care about: there's barely a mention of race (except for once suggesting they include an Asian member for more diversity!), she famously cares more about animal cruelty than racism, and not only does she never dip her toe into anything resembling bisexuality or gender experimentation, she's even portrayed as mildly homophobic. Until the last episode there's nary a mention of transgender people except for the transfer dance being referred to as the "tranny dance" in season 1 (in 2009, any idea of transgender people being anything other than a punchline was not even dawning in the minds of progressive Hollywood writers).

So this was the stereotypical annoying liberal progressive circa 2010. No mentions of black bodies and trans spaces, a lot of worrying about civil liberties. I guess we never knew how good we had it. I'll leave you with a link to an illicit streaming website which is one of the few places you can watch one of the show's best episodes, which got erased from existence after George Floyd for the crime of adjacent-blackface and features annoying Britta at her best.

Jesse Singal gets gaslit

Also, a more neutral take: https://elizamondegreen.substack.com/p/about-that-twitter-shitstorm-affirmationnot

Brief recap:

  1. NYT shifts its coverage of medical concerns for trans issues from 100% supporting transition in all cases to a more questioning stance, particularly with minors

  2. An open letter is sent to NYT laying out "serious concerns with editorial bias" in response to this shift

  3. Jonathan Chait posts a critical response to the open letter at New York Magazine (no relation to NYT)

  4. Chait gets dragged on twitter for being anti-trans, with a highlighted passage

  5. Jesse Singal posts in support of Chait, showing the highlighted passage is directly in accordance with WPATH guidelines and explains what it means

  6. E. Kale Edmiston, a trans man, posts in response that he, Edmiston, wrote the WPATH guidelines posted by Singal, and that Singal is misinterpreting them

  7. Liberal media pundits and reporters pile on, when Singal defends the straightforward interpretation, demanding that Signal accept Edmiston's (frankly bizarre) interpretation of the quoted passage

  8. Singal has done his homework and contacts several other WPATH authors, who all confirm Singal's interpretation of the passage and reject Edmiston's

  9. Eventually this reaches Scott Leibowitz, overall head of the WPATH guidelines document, who says that Edmiston definitely did not write the highlighted passage, and later severely admonishes this lying and false attribution from within academia

  10. Singal performs several victory laps on Twitter, demanding from the media pundits and reporters the apologies and corrections they had demanded from him

Good guys: Jesse Singal, Jonathan Chait, Scott Leibowitz

Bad guys: E. Kale Edmiston, Madeline Leung Coleman (NYMag editor), Michael Hobbes, Jeet Heer, Marisa Kasabas (MSNBC Columnist), David Perry, Eric Vilas-Boas (Vulture staffer), Miles Klee, Siva Vaidhyanathan

The most interesting, dire, and relevant info is from Eliza Mondegreen, linked near the top. Apparently there is a wink/nod system with the WPATH Standards of Care document, where the words are written a certain way because they must be, but they are interpreted much differently.

She concludes:

Theory and practice—the Standards of Care and what actually happens in the exam room—have nothing to do with one another. Everything in the Standards of Care that sounds cautious and responsible comes with an understanding that’s supposed to go unspoken: We don’t really mean it. We just need to say this. If a patient shows up with serious comorbidities, of course we have to say that they must undergo a “comprehensive” “assessment” and that the clinician must remain open to the possibility that the patient might not really have gender dysphoria and maybe shouldn’t really transition. But you know how important the work we all do is.

In other words, the Standards of Care are a lie that everyone involved in gender medicine pretends to believe. When reporters like Singal and Chait try to hold gender clinicians to WPATH standards (something I think is worth doing, by the way!), savvy clinicians will respond: Yes, of course we “assess” patients very carefully, what do you think this is, the Wild West?

Among other, more obvious mistakes, Edmiston’s most grievous error was not pretending to believe the lie.

EDITS: Signal, Single, Liebowitz. added Cast of Characters, Eliza Mondegreen quote

I didn't read the substack in question and don't have a particular opinion on it, but from personal discussions / observations / distant review, the issue is more the aging-out/retering cohort's effect on military families and communities.

While there is a core demographic argument, the demographic is more regional/cultural than demographic per see. South/MidWest/etc. have always been over-represented. The thing the OP's summary paragraph doesn't seem to address is that a lot of enlistment is from military families/communities, rather than blank regional. I forgot the statistics precisely, but in generally any country you go you're likely to see far more volunteers from people with parents/grandparents who were in the military than a random first-generation enlistment. There's a family, not just demographic, dynamic in play, which means if the family member advises against rather than for the enlistment... well, 'I'll join the military' isn't exactly social rebellion.

The issue for the US's current recruitment woes comes from how the generational transition has matched to politics. The 9-11 recruitment cohort is dead, dead, dead. If you look at age averages, the vast majority of US service members were born after 9-11. If you joined just after 9-11, you are that tiny minority of people who serve a full 20 (for a pension) or go beyond. That means people who joined during the Bush years, have gradually and progressively lost during the Obama years / saw the Trump years / are back in the Obama 2.0/Biden years. There's any number of things that could justify a feeling of disenchantment, from perceptions of futility of the wars, to the progression culture war aspects into military culture/life, and so on.

This is purely anecdoctal, but the straw that broke the back for some life-longers was how the Biden administration approached the Covid vaccine mandates. The US military, like many in the world, is legally allowed to employ experimental medicines / vaccines on the forces. US troops have been used not only for experimental medical treaments, but also as medical experiment test subjects in the past. When the Biden administration decided to make Covid vaccines mandatory for all forces no matter what, they weren't on particularly legally shakey ground.

What they did run aground on, however, was the disparity between culture war politics and needs-based buy-in. Whatever your competence-expectation for the average junior soldier, US career military professionals are career professionals. They are not only educated, but educated with an eye to practical implications and effects and cross-specialty coordination that many topic-focused specialists are not. And the politically inconvenient facts of COVID- such as that it was not a death plague for the young and the healthy (which most of the armed forces are) or the sort of politically-influenced media pressures were being used in a propagandaist fashion (which the military is above-average aware of as both a target and a perpetrator of) or active suppression of inconvenient medical dissent (which the more conservative-tuned military would be more aware of)- where thus part of the awareness environment even as the administration used brute force command-control precisions to not only demand, but overrule requests for exceptions despite cases of special forces personnel (a highly respect internal community) requesting exceptions for practical concerns, religious personnel requesting exceptions on religious grounds (which have variously been respected in the past), and so on. The evidence that the Covid vaccine wasn't even stopping transitions- and as such not making self-vaccination a breakwater to protect others- undermined a public good argument that the pandemic would end once everyone was vaccinated to stop transmissions. Instead, it was pure formal power demands on institutions of people who are explicitly trained on formal versus informal power dynamics as part of good-leadership training on the assumption that demands from compliance on basis of formal authority is bad leadership. Instead, people that people knew- people with long terms of service, unquestioned loyalty, generally high levels of competence, people who had put up with the worst of the military life and some of the worst strategic decisions of national leadership in a generation- were systematically kicked out for not bending to the political hysteria of the moment. People for whom loyalty was not an ironic thing, for whom a culture of reciprocal loyalty both up and down was both the formal instruction and often found informally, were kicked aside saying 'your services aren't needed anymore.'

What did anyone expect them to tell their families? Or for their friends who kept their heads down but also got out to tell theirs?

American military recruiting was always declining as the 9-11/War on Terror legitimacy faded, but Covid was an inflexion point in at least some US military family circles, where the military went from 'you can be safe and have a successful career as long as you keep your politics to yourself,' to 'you are not safe if you do not defer to the demands for conformity by politically-driven misinformation.' This would be unhelpful regardless, but is especially counter-productive if you (a) are drawing recruitment from the political opposition, and (b) embitter a core part of your informal recruitment advocates who shape the willingness of those most open to joining.

Apologetics for America

I'm a big fan of the United States. It's a big country. It's a safe country. The people are wealthy, kind, industrious, and have done more than their fair share of upholding the Pax Americana under which the majority of the world prospers, including those who would tear it down.

I would go so far as to say that I'd be significantly happier if I had been so lucky as to have been born in a counterfactual universe where my parents had emigrated there, even keeping all my myriad flaws like ADHD and depression.

It's a country that holds multitudes, and has had such a good track record of making good on its promise of embodying:

Give me your tired, your poor

Your huddled masses yearning to breathe free

The wretched refuse of your teeming shore

Send these the homeless tempest-tost to me…

And then achieving the minor miracle of making the vast majority of them upstanding proud Americans regardless of caste and creed.

(To such an extent that it has lost the memetic immune system needed to assimilate some of the people who meet that criteria but are resilient to anything but force)

It is gorgeous. Even after the visiting the UK, a nation that even in its sclerosed and ailing state is significantly better than India, I found myself grossly disappointed at how small and dull the place was, compared to what I've seen of the States.

I count myself lucky to still have the memories of when I visited as a toddler, some of my earliest, a period I enjoyed so much that I came back home speaking English with an American accent when I hadn't even been conversant in the language when I left.

I stare at the reels and pictures posted on Insta by my friends studying there with ill-concealed envy. It looks so huge, so clean, so vibrant, so picturesque and unspoiled. Still a land where someone with innate talent, having landed with but a penny to his name, can ennoble himself through hard work, or at the very least his descendants.

If it were not for the fact that I'm currently ineligible to give the USMLE today, for no fault of my own, I'd bid adieu to my current aspirations for practising and settling in the UK. The latter is still better than India, but do you really need me to tell you how low a bar that is to beat?

I'm about as pro-American as it gets without driving a pickup truck with the stars-and-stripes hanging off it!

The people eat great food. They live in huge houses that appear outright intimidating to the rest of us. They can afford to waste gigaliters of water on a modestly appealing perennial grass and mostly not begrudge the expense.

They can travel visa free to most of the world, and act the fool there (can, not necessarily do, the worst I can say about most American tourists I've met is that they were rather underinformed about where they'd ended up), content in the knowledge that none but utter pariah states would dare raise a hand at them out of fear of Uncle Sam.

They earn salaries that make us all look like paupers. The median wage for a doctor in the US is $250k, fresh out of residency, whereas a senior consultant in the UK might be content to make half that. Indian doctors can only weep, especially lowly ones like me. Even my father, so talented in his surgical field that he'd be nationally famous if he was more fluent in English (instead just being regionally famous), makes only $50k PA at the very peak of his career, after a life of suffering and hustling so his sons would have to suffer and hustle just a bit less.

Even that seemingly colossal sum of money does not achieve the QOL a naive purchasing power calculation would suggest. Even billionaires here must be content to have their money only buy quick trips with their windows rolled up from only upper class enclave to the next.

The world, somewhat more multipolar than it once was, still wobbles unsteadily if you try and make it rotate around an axis not centered on America.

I'd give a lot to be there. I really would.

That is why it so severely vexes me that my girlfriend, a smart, intelligent and hard working woman who makes for an enviable partner to have at my side, holds a view of it so jaundiced you don't know whether to cry or laugh.

Like many Americans, she has had her perception of the States clouded by sheer propaganda that is more interested in cherrypicking out all of America's real problems, and when even all the real ones no longer suffice, concoct ones out of half-truths and whole-cloth to terrorize a broken primate brain that only notices the bad and becomes inured to the good, such that it no longer bears a resemblance to how fucking good they have it.

She stares at me like I'm mad when I tell her I've always wanted to live there, and the few warts on the face of the nation can't hide its timeless beauty.

She believes that abortion has been banned. When I protest otherwise and say that it's only a few states putting restrictions on it, and even then, just a few, she shakes in existential terror at the idea that there's a seething crowd coming for the rights of women, eager to snatch them all away. She thinks racism is a serious concern for hardworking and talented immigrants who speak fluent English, whereas you could put me in a room with a Confederate flag and I'd find a way to end up drinking beers and shooting AR-15s before dawn.

Did I mention she's terrified of gun violence, even if she could live a dozen lives in parallel and not get shot?

She categorically refuses to follow me if I wistfully make plans to find some route to make it there, be it fighting tooth and nail with my med school and the ECFMG to give me the right to at least try my luck, so that I can show them I meet even their high standards.

I'm at the point that I am seriously debating abandoning clinical medicine as a career, to upskill myself in medical ML, so that I have an easier route to the States that isn't gated behind a professional licensing exam I'm not allowed to give. I am still young. I am allowed to dream.

She's rather be middle class in the UK, unable to afford air-conditioning, living in a tiny house, watching our salaries erode into nothingness, and then, if Sunak successfully makes doctors into a thin wrapper for GPT-5, potentially resign ourselves to a life of mediocrity, or worse, come back to India with our tails between our legs where we'd have to settle for working shit jobs with longer hours and worse pay.

She's scared of paying the medical bills, when the kind of comprehensive coverage that two professionals making 500k together buys care beyond the dreams of the NHS. Perhaps not value for money, but value.

I criticize America all the time, but only because I love it. I want to gorge myself on cheeseburgers with ridiculous portion sizes, because even if I die fat, I die happy.

I cherish what the Founding Fathers built, a shining city built on a hill of negentropy and abundance, rising out of a swamp wherein dwell the majority of us, only a generation or two removed from near-Malthusian conditions. I would die to keep the barbarians away from the gates, if only because I want to cross them myself, as an esteemed guest if nothing else, hopefully to be one of their own.

I set out to write a post somewhat glorifying (fairly) America, and to invite others to submit arguments that would let my girlfriend see reason. It would seem I've inadvertently done all the heavy lifting, if not for the fact that I've marshaled all these arguments before her and still found them wanting.

I don't want to jump to the conclusion that the two of us are moral mutants who can never reconcile our preferences. I prefer to think that she's wrong about her fears, or weighs the wrong facts too heavily and the right ones not at all.

Help me convince her. I will find it hard to live with myself if I fail.

Oh, and Happy Fourth of July to you all, ye sons and daughters living several decades in the future, hailing from the nation from whose physical and mental toil most of the good things in the world come.

Wait, is it a bit late for that? Um, I blame timezones, pernicious and insidious things that they are.

Don't think I don't see the cracks in the pristine facade, the erosion of the meritocracy that made your country glorious. I simply think that if America wakes up and patches a few holes, it can earn the right to slumber again in peace for centuries hence.

You are describing what I used to criticize here as liberalism of the gaps: the theory that the solution to culture and institutions falling to progressivism via post-detraditionalization liberalism is MOAR liberalism!

No, the solution to protecting tradition and institutions is protecting tradition and institutions, both through fortification and legal protection. Libertarian solutions to protecting / building institutions cannot work in a legal landscape that makes a key component: free association, illegal.

OP is pointing this out with the fact that 'no politics' is subverted when you declare X value neutral. But the other side of the coin is also on display. When X is value neutral, anti-X is illegal discrimination / harassment. Start your own... cannot work without first winning back the neutral ground, which cannot be done when you spend all your time abandoning your institutions and fortifying elsewhere.

Show me an example where conservatives/traditionalists abandoned X to go build their own X-prime, where X-prime remains both not a ghetto and not actively infiltrated.

Your question about why traditionalists don't build their own X is easily answered in that they can't build their own X, and part of the reason is ironically because half their rank are actually liberals who keep telling them to build their own X.

Example:

Jonny Vanheusterwhilton is a made up character who used to get picked on as a child for his ridiculous last name, but that is completely irrelevant to this story so let's call him JV and we don't need to spell out his last name again.

Jonny V (JV), has lived in his neighborhood his whole life, even buying his parents' house when they retired. It's June 1st, and bigot that he is, JV (Jonny) bemoans that the neighborhood is plastered in Pride Flags and preachy yard signs. He's saddened that his neighborhood July 4th picnic has been discontinued and replaced with a late June Pride Party.

Jonny's actually not even a bigot, not even by modern standards, nor even a conservative. He is very pro-LGBT right, a believer in letting people live their own lives etc. He's just a combination of patriotic, nostalgic, and finds pride to be tacky and over commercialized. Yet this gets Jonny labeled a right wing bigot, which almost frustrates him as much as getting picked on for his name as a child.

Eventually his friend, @Primaprimaprima encourages him to just build his own neighborhood. (+) Out of options and tired of being picked on JV sells his family house and buys some farmland with several others in a less desirable exurban part of the town to turn into a new neighborhood. Saddened by the lack of mature hardwoods, history, culture, or accessibility to the broader city, JB puts that aside and focuses on the upside: no more Pride Month.

Although JV is not a conservative, it took partnership with a lot of them, and some outright bigots to even get this neighborhood started. No worries, though, because they aren't banning anyone. JV has a simple liberal solution: Their HOA will just say, no value-messaging yard decorations.

The HOA includes a lot of other shit JV doesn't like. His old neighborhood didn't have an HOA, but now, just to get back to neutral JV has to accommodate regulating EVERYTHING, even the length of his grass. He hates mowing. Almost as much as he hates his last name. Or being called a bigot.

Trouble begins when some of their conservative neighbors put up a cross on their front door, or Easter decorations. 'Hey,' yell the libertarian sect. NO MESSAGING. The French neighbor, Le Prima, convinces everyone that secularism is the best they can hope for in this new arrangement, the conservatives mostly* sadly acquiesce, telling themselves, at least it's better than Pride Month. (*A few with conviction move away to an even shittier, further exurb, to find out what happened to them scroll up to the + above and start reading. Continue recursively.)

This satisfies JV until July 4th comes around, JV's favorite holiday. There will be no J4 parade, and he is forced to take down the American flag he hung must come down at once.... Oh well... at least in the name of fairness this is a compromise.

JV wonders how previous generations like the one he grew up in were able to use maintain communities with shared traditions, while keeping out the elements they didn't like without over-regulating everything. JV can't ponder long before his neighbor accusingly reminds him about the types of discrimination that happened in yesterday. Remembering quickly that nostalgia for any aspect of the past is for bigots, JV quickly stops his musing, and never follows his train of thought to the answer: The type of community JV is describing is found alive in the neighborhood he left, albeit with different values.

Well all goes well for 2 more years until, as the city grows, his neighborhood does too. His exurb becomes a desirable suburb, and now folks who would have simply ignored the neighborhood move in. Doesn't matter thinks, JV, they'll have to live by our rules just like everyone else.

Imagine Jonny Vanheusterwhilton's shock on June 1st of the current year, when after returning from a trip oversees, he sees PRIDE FLAGS everywhere and a flier for a neighborhood pride parade.

"But.. but...but...," stutters Jonny. "I thought we didn't allow value messaging!"

"We don't," his helpful, new neighbor replies. "But... this was brought up at the HOA meeting you missed. You see us new neighbors quickly explained that this isn't about value messaging. It's common decency. To suppress it wouldn't be neutral, it would be bigoted and hateful. They saw it our way.

There were a few hold-out undesirables, but our lawyers were there to make sure they understood this is not negotiable, it's equality. I mean, anything less would be like not allowing you to hold your wife's hand while walking around the neighborhood."

"I'm actually gay," says Jonny.

"And a happy Pride Month to you!," the neighbor replies cheerily, while handing him a school board voting guide for the candidates who most protect trans youth.

That night, JV's visiting his old friend distraught. "It's simple," says Primaprimaprima as he opens a beer and hands to JV. "Just start your own neighborhood."

I work at a small private US liberal arts college. When I was part of a search for a tenure-track candidate, we asked the candidates to include in their application a DEI statement, because it was expected for all searches at the college.

Then we threw out any candidates who clearly drank the Cool-Aid.

Out went the candidate who said she moved all her black students to the front of the class, and all her white students to the back of the class. Out went the candidate who said he had a special study group only for his LatinX students.

In went the candidate that said she volunteered at a tutoring program for the local Title I school with majority of student black or latino. In went the candidate who said he stepped up his office hours for everyone, and personally reached out to invite each student who struggled in his class, many of whom were black.

If you are working in academia, having a reasonable amount of fluency in the current etiquette of the Professional-Managerial Class is a requirement of the job. Knowing when to not get carried away with the rhetoric is also part of the job. The candidates that we tossed out (like the ones above) actually discriminated against some students, so they were a legal liability for their employer.

You mentioned in another comment that your goal is personal career progress, and that you'll be with this employer for only a few years. Good, focus on that. Don't fall for anyone claiming that you should be able to "bring your whole self" to work. You are expected and required to only bring your professional self to work. So: if your employer requires X, you do X or quit. If your employer recommends X and you don't want to do X, quietly don't do X. If other employees ask you why you are not doing the recommended X, ask them politely to explain the benefits of doing X, and consider their explanations. Even if their explanation is a stream of religious/woke prosthelytizing, you can get some value from it by seeing what new terms or etiquette is going around. But someone may actually tell you something more useful (e.g., X is something your boss really cares about and pays attention to).

Does Trump sue just to fundraise?

Throughout the early history of the American legal system, if you wanted to sue anyone in court you had to follow this arcane and inconsistent labyrinth of common law pleading rules. What we today generically call "lawsuits" were pointlessly split up into "actions at law" or "bills in equity" or whatever, all of which had different pedantic rules depending on the jurisdiction you're in (for a long time, federal courts dealing with state law had to apply procedural rules that were in effect at the time the state joined the Union). When the Federal Rules of Civil Procedure were first created in 1938, the intent was to get rid of the stodgy traditional requirements in favor of something comparatively more informal. As reflected in Rule 8, all you really need to file a lawsuit is a "a short and plain statement of the claim showing that the pleader is entitled to relief" in your complaint.

This "permissive" paradigm was put to the test in front of the same guy who was responsible for writing those new rules, Judge Charles E. Clark. The 1944 case Dioguardi v. Durning is a fun read, and involves a handwritten lawsuit filed by a guy with a very questionable grasp on the English language complaining about a customs official seizing "tonic" bottles "of great value" imported from Italy. Clark ruled that "however inartistically they may be stated" the guy was clear enough to meet the new pleading standards. For a more modern example from a much more complicated case, see the complaint that was filed in the Tesla Securities lawsuit (I know nothing about this case, just picked it at random for an example). Despite the complex subject matter and the number of people involved, the complaint is only 58 pages and is structured logically enough to make it relatively easy to follow. It establishes why the court should hear the case, some background facts, and then articulates in clear detail who harmed who and why the court should do something about it.

In contrast, compare the lawsuit that Lance Armstrong filed against the U.S. Anti-Doping Agency in 2012. The Judge took one look at the PDF, saw that it was 80 pages long, and promptly dismissed it with a "I ain't reading all that" ruling:

Armstrong's complaint is far from short, spanning eighty pages and containing 261 numbered paragraphs, many of which have multiple subparts. Worse, the bulk of these paragraphs contain "allegations" that are wholly irrelevant to Armstrong's claims and which, the Court must presume, were included solely to increase media coverage of this case, and to incite public opinion against Defendants. See, e.g., Compl. [#1] ¶ 10 ("USADA's kangaroo court proceeding would violate due process even if USADA had jurisdiction to pursue its charges against Mr. Armstrong."). Indeed, vast swaths of the complaint could be removed entirely, and most of the remaining paragraphs substantially reduced, without the loss of any legally relevant information. Nor are Armstrong's claims "plain": although his causes of action are, thankfully, clearly enumerated, the excessive preceding rhetoric makes it difficult to relate them to any particular factual support. This Court is not inclined to indulge Armstrong's desire for publicity, self-aggrandizement, or vilification of Defendants, by sifting through eighty mostly unnecessary pages in search of the few kernels of factual material relevant to his claims.

Since lawsuits are already a vehicle to air grievances, it's understandable when clients/lawyers try to sneak in as many parting shots as possible. Lawsuits are endowed with an aura of gravity and seriousness that a bare press release or op-ed outlining the same grievances would lack. Unless things get *too *egregious, there's not a whole lot a judges can do to stop the practice of trying to disguise a press release under a legitimate lawsuit costume.

Back in March of last year, Trump filed a wide-ranging 108-page lawsuit against Hillary Clinton and several dozen other defendants. You can read the entire lawsuit yourself here but the basic allegation is defamation over claims/insinuations that Trump colluded with Russia during the 2016 election. The complaint was later "amended" in June to include yet more defendants, and ballooned to 193 pages in the process.

The Trump v. Clinton et al lawsuit eventually got dismissed last September. For a full accounting as to why you can read the 65-page opinion but the short summary is the lawsuit was a confusing constellation of disconnected political grievances Trump had smooshed together into a laundry list of allegations that could not conceivably be supported by any existing law. For example, Trump's lawyer Alina Habba alleged malicious prosecution without a prosecution, alleged RICO violations without predicate offenses, alleged obstruction of justice without a judicial proceeding, cited directly to reports that contradicted their claims, and on and on. None of these problems are supposed to be common knowledge, but it is *very *basic stuff any lawyer filing a federal lawsuit should either know or research before they step foot on a rake. But when the defendants in this case pointed out the problems, Habba's response was to just double down instead of correct them. My favorite tidbit was when they justified why one of the 30+ defendants, a New York resident, was being sued in a Florida court (even federal courts need personal jurisdiction established) by claiming that defendant should've known that the false information they were spreading would end up in Florida, and also that they "knew that Florida is a state in the United States which was an important one."

When someone is served with any lawsuit, they have an obligation to respond or risk losing the entire case by default. In very rare circumstances (namely with handwritten complaints from prisoners with nothing better to do), a lawsuit is so patently bogus that a defendant can sit on their laurels doing nothing, confident it will get dismissed without them having to lift a finger. Before Trump's lawsuit was dismissed, a veritable legal machinery from the 30+ individuals/corporations sued whirred into action, ginning up an eye-watering amount of billable hours in the process to investigate and respond to the allegations. The judge in this case was seriously annoyed by all this and on Thursday she imposed sanctions by ordering Habba and Trump to pay everyone's legal bills, totalling almost $938,000. You can read the 46-page opinion here.

I've written before about pretextual excuses, such as when NYC *claimed *their employee vaccine mandate was for public health reasons, but then implemented exceptions that were inconsistent with their lofty claim. I argued it's reasonable to conclude NYC was lying. Similarly, Habba may claim as a lawyer that her lawsuit was to pursue valid legal remedies on behalf of her client, but when her efforts are completely inconsistent with that goal, it's perfectly reasonable to conclude she's lying. If valid legal remedies was the real goal of the suit, even someone like me --- with no experience civil litigation --- can contemplate trivial changes which would have significantly improved its success (most obviously don't wait past the statute of limitations, don't try to sue 31 different entities all at once, don't try to sue in a court that lacks jurisdiction, don't try to sue fictitious entities, etc.). So if that wasn't the real goal, what was?

The judge in this case strongly suspects the real purpose of the (bogus) lawsuit was to use it as a vehicle for fundraising. The vast scope of characters sued matches with this explanation because while a disparate cast of defendants legally frustrated the lawsuit in the courtroom, it does make for a better headline when soliciting donations (Clinton! Adam Schiff! James Comey! Lisa Page! Peter Strzok!). Trump has a pattern of filing frivolous lawsuits (like suing the Pulitzer Prize Board for defamation for awarding NYT and WaPo) and then following up with "breaking news alerts" soliciting donations for his Save America PAC, so the timing matches up. The fundraising efforts appear to be working well, with the PAC having about $70 million on hand as of last fall.

The sanction this judge imposed is the highest by far imposed on any of Trump's attorneys. It's possible this is a coincidence, but the day after the sanctions, Trump voluntarily dismissed the lawsuit he filed in Florida (??) against New York's Attorney General. I'm assuming the judge hopes the $1 million penalty will discourage further waste of time for the courts and other potential defendants, but the fundraising mechanism I described feeds itself. The higher the sanction imposed, the more urgent the breaking news alert begging for money will be.

=edited

An Indian Abroad in the UK

There's a Union Jack flying outside my window, juxtaposed against a generally dismal sky, lead gray and swollen with cold rain, just yearning to ruin the aspirations of fresh-faced visitors who would love to picnic in the back garden.

I suppose that's as good a mood as any for writing this post, having spent a week settling in, staring wide-eyed at the way the odd billion or so first-world denizens spend their lives, even in a country that's in genteel decline from its glory days.

Long-time readers here might recall my previous posts from my time in India, as I went from a fresh-faced intern to a cynical, bitter survivor of what passes for medical care there. For those who don't have an encyclopedic knowledge of all moderately-decent posts ever posted on /r/TheMotte, here's a link to my repost on /r/Medicine, since Reddit's abominable search function makes it impossible to dredge up the original, which had one of the few comments Scott makes in these parts on it, still a highlight of my Reddit career:

https://old.reddit.com/r/medicine/comments/j30vj2/my_experience_as_a_frontline_doctor_in_a_3rd/

At the time of writing, I was still yearning for escape from India, a squalid, small-minded and parochial place (although, if I had really wanted to, I could have mostly insulated myself from the worst of it, all that takes is tons of money and a willingness to ignore the human shit and suffering in-between expeditions from one enclave to anotjer).

And I'm not entirely home free, so far, I've passed one of the two licensing exams I need to practice in and emigrate to the UK, but pass that one I did, after studying harder than I ever have in my life (because I cared goddamnit, unlike all the times before when I was coasting through simply because it was expected of me), and in an example of positive reinforcement, it paid off, and I'm spending over a month in the UK, prepping for the second, which can only be given in-country because it's OSCE based.

But I've actually left India, and spent enough time here that I can collect some of my thoughts and musings while the awe has yet to wear off.

You know the first thing I noticed after landing here?

How fucking clean London was. No, really, some Indian cities have tried to clean up their act, but the sheer neatness and tidiness of the place was deeply disconcerting to me. I felt as if I was intruding somewhere I wasn't meant to be, a place kept lovingly clean with the devotion given only to private property back home.

The airport experience wasn't particularly different, most countries take pains to set high standards for their international terminals, being the place where many foreigners make their first and only impressions.

But having boarded the tube, still clutching our luggage close, I stared intently at everything around me, how clean and well-maintained it all was, the drastic improvement in the quality and grammar of all the text I could read, the superior typography of all the advertising.

Relatives who had been in the country had also instilled paranoid notions of how run-down and dangerous the neighborhood (full of immigrants) I was going to live in was. Either they were completely ignorant, or simply clinging to an outdated perception of the place, but it was a sleepy, pretty place, only the skin colors of the locals and endless arrays of convenience stores touting their "afro-caribbean" meats and spices that reinforced that. Still plenty of happy families and expensive cars parked outside, so I quickly dismissed their paranoia.

Oh, and closely tied for second place in terms of things that leapt out at me is how utterly multicultural the UK is. I certainly had heard about it, it would be lax of me to plan to move over without doing my research, and I was somewhat concerned about being buttonholed with other South Asians, but the sheer ease and comfort with which people of grossly different ethnicities interact was cool to see!

Third, but certainly not the least, was how streamlined and easy to use the public transport system was. The London tube certainly seemed intimidating with its half a dozen different lines, but once I examined the maps more carefully, I was able to get the hang of it quite quickly.

The buses run on time, with minimal hassle, and just while the prices certainly seemed steep to my Indian sensibilities, they make sense in context. Not seeing people crushing each other or arguing with a conductor about stops was a shock, leaving aside the fact that the buses themselves didn't drive like maniacs haha.

And London is goddamn empty, no seriously, even if I'm staying in a relatively sleepy part of the place, Central London was practically deserted I'm comparison to the metropolitan cities I'm used to. Traffic seemed minimal, and pedestrians were hardly the crushing mass I expected. Perhaps I need to visit New York again in order to dispel my uneasiness..

And people are generally law abiding. My girlfriend and I probably jaywalked and gave some of the local drivers an aneurysm before we realized that people actually cross the streets in an organized manner, whereas zebra crossings are more of a suggestion than a rule back home.

Oh, and nobody let loose on their horn at us, in fact, I hardly hear them at all! This is fucking alien to me, in India, horns are considered to be an extension of the driver, and the first and last resort for self expression.

Driving fast? Toot.

Driving slow? Toot.

Feeling annoyed? TOOT

Just want to express your sheer gratitude for existence and having a motor vehicle? A little toot for the road.

That sheer cacophony is the Cosmic Microwave Background Noise as far as I'm concerned, and its absence is unsettling haha.

On top of that, people seem quite polite and considerate, albeit that's been my experience with people in general. I guess I look too intimidating to fuck around with, but plenty of people offered helpful unsolicited advice when we ran into issues due to our ignorance as tourists, and it was all deeply appreciated.

We did a round of the local supermarkets, and I was absolutely blown away by the sheer variety on offer, like goddamn, you lot have better Indian cuisine than we do! And it's so convenient, everything comes nicely packaged, you can just buy freshly prepared tandoori chicken without needing to mix up half a dozen spices at home. I can empathize with Gorbachev, the West really does things better.

Also, being a couple is absolutely stress free. My girlfriend and I have been extremely risqué even back home, doing absolutely Bollywood-tier stunts like kissing on a moving train while I was on the platform. Thankfully, nobody made a fuss about it then, barring some dirty looks, but the fact of the matter is that nobody cares about us here, I can kiss her and hug her out in the streets or in the bus without a single fuck given (which I can't say about back in our room ;) )

There's hardly any dust to speak of, I could barely open my windows back home without ending up with noticeable coatings, whereas it's been a week and we don't even need to vacuum or dust.

There's also a notable lack of crushing poverty, it's hard to tell at a glance who is working-class, struggling, or quite wealthy. No signs of any homeless, not that the winter would be kind to them.

But you know what I miss the most, something ubiquitous in India?

Bidets.

Toilet paper is absolutely barbaric. Like seriously, what quirk of history made it so that wiping your ass with paper of all things is taken for granted? How does anyone keep their ass remotely clean?? At this point, the modern Western fetish of eating ass is probably the largest health hazard I can think of hahaha. That's the first thing I'm going to get when I find a place of my own, mark my words.

(This paragraph ought to elevate my post to the level of Culture Warring, if nothing else does haha)

But throwing some heavy shade on my happiness is the slow-motion implosion of the NHS, my employer-to-be for the foreseeable future. The situation is getting pretty bad, elective lists for surgery were already backed up for 2 weeks, now there's serious thought being given to simply unloading patients in the parking lot from the ambulance given the lack of room indoors. People spending a dozen hours in the A and E is commonplace, and even a day or more is a distressingly common occurrence. There are plans to strike in Jan, which I'm not able to participate in, but you bet your ass I would if I could. Things are rapidly becoming untenable, with either a massive shakeup (or more likely a collapse of the NHS followed by privatization) being on the cards.

And you know what? If the NHS did fail, it would still be superior to conditions back home. Please, read my previous post if you want to know what healthcare looks like for a billion odd people, with maybe a couple hundred million able to receive care to a standard that wouldn't provoke a lynch mob in the West.

And the UK is far from the richest part of the West. Americans have significantly more wealth, and salaries are pathetic compared to their US counterparts.

So what if it's in (debatable) decline? As painful as it must seem, there's just so much room before you even approach Third World conditions. Like seriously, you guys have no idea how much worse things can get before it gets that bad.

At any rate, I'm just grateful that the end of my time in India is in sight, and I'm studying my ass off for my last exam, motivated by my sheer dissatisfaction at home, and even more by the absolute utopia that the UK is in comparison. (My girlfriend wishes to add that in her absence I'd be eating microwaved meals and hardly studying, so much love to her 😘)

Here's to things not getting as bad as home, and may I not have to refer to India as that any longer!

When black people stray from the path of MLK and into Malcolm X, Farrakhan, and the Nation of Islam, they typically start blaming Jews, rather than 'white' people. The ability for gentiles to distinguish gentile white people from American Jews is basically an cognitohazard for black people. Once they see that roughly half of 'white' people in Hollywood, the media, in the top universities, are Jews, they start to wonder about their own oppression. If Jews, making up roughly 2% of the population, can be so visibly represented, but blacks, who make up 13%, aren't, then is it really the 'white' man, who is also underrepresented, really oppressing them?

Imagine if 30% or more of Hollywood actors, journalists, academics, were Muslims. Or Native Americans. Or gay (though it do feel like that sometimes, lol).

And despite gentile whites being underrepresented in basically all the 'elite' positions (other than politics), the push for diversity comes not at a reduction of Jewish overrepresentation, but by continuing to whittle away at the representation of gentile whites. And gentile white representation is being largely relegated to the white LGBT community.

So it is easy to see how some black people (and white people) get drawn into Jewish conspiracies. And really, if you're fighting for 'equity', that's the group you're going to have to wrestle with.

[Johnson]: "homosexual behavior is something you do, not who you are".

I'd like to soapbox a bit about this.

Johnson is absolutely right on this, maybe more than he knows. One of the more insidious things about the prevailing culture is the way that it encourages people, almost to the extent that it is unthinkable to do otherwise, to identify with their desires -- especially if those desires are sexual. People make fun of the Evangelical thing where they insist on saying "same-sex-attracted" instead of "gay", as if it's some shibboleth, but the reason for this is that "gay" carries with it an assumption that it is, and ought to be, part of one's identity, and the Evangelicals are right that it's a big part of the problem.

Having sexual attraction to other men may be (generally is) involuntary, but engaging in homosexual activity is absolutely a choice, and so is making your desires such a core part of your identity that you automatically interpret any discouragement from gratifying them as an attack on your self. Yet that last choice is, in the prevailing culture, the water that the fish don't know they are swimming in. They are told, "Those people hate you, they want to deny you the right to even exist" because of their opposition to behavior.

People with disordered desires need a narrative other than "you are a disgusting pervert" or "your desires are innate and good and self-actualization means fulfilling them". The bit about "same-sex-attracted" is a (somewhat awkward) way of trying to supply that other narrative.

I think the same is true about "trans". A boy or man who desperately wants to be female, and/or who experiences discomfort at being male, may not be choosing to have those feelings (though they can certainly be fed and encouraged by dwelling on them), but "I am trans" is a decision to adopt those feelings and desires as as an identity. I can't think of any non-awkward way of encapsulating those underlying feelings and desires (yeah, "gender dysphoria", but that carries its own set of assumptions and also doesn't capture the full range here), but the discourse really needs one.

I'm very sympathetic to people saddled with these disordered feelings -- this is not really to my credit, but out of personal experience, as my other posts on the "trans" subject attest -- but I get really angry at the activists who encourage people to see them as a core part of their identity, and accuse opponents of wanting to "deny [their] right to exist". It's like telling an alcoholic that being a "drunkard" is a core part of their identity and that anyone who wants them to stop drinking hates them.

"Whoever causes one of these little ones who believe in Me to sin, it would be better for him if a millstone were hung around his neck, and he were drowned in the depth of the sea."

Masterpiece of a stacked bar chart.

Look at that subtle axis breakage, the tasteful placement of it. Oh my god, components are even split out into different columns.

The AI-art naysayers are right; there’s no way AI can generate art with this much soul and creativity.

CanadaBC is leaving Twitter due to its tweets carrying the label "government-funded Media". This is particularly suprising, as unlike BritishBC or NipponHK, which are given government monopolies, but don't get money directly from the fiscus, CBC does. The Canadian state budget has an explicit provision that appropriates money appropriated from Canadian taxpayers to CBC.

The CBC on its own website even admits this fact in what might be the most misleading graph I have ever seen. If one isn't careful to look closely at the Y axis, one might miss that numbers from $700m to $1700m are omitted, thus making the 71.2% of the 2018/2019 budget which was given to it by the state, appear more 40%.

Both of these facts (objecting to being labeled GFM and the deceptive graph) point to CBC apparently thinking getting funds from the fiscus isn't a "good luck", thus it seeks play down this fact, by hook or by crook.

But why? Why would it be more shameful for a newsources sources of money be decided representatively democratically, where each person rich or poor has approximatelly the same weight, than if it were owned by a billionaire like Bezos?

Much of the criminal justice systems operates on an assumption (or rather, an aspiration) that prosecutors and law enforcement should be trusted to carry out their duties honestly. While I don't believe this assumption is worth much, it's the reality we live in given the limited avenues for redress available. For one, prosecutors and judges have absolute immunity for misconduct, and law enforcement has qualified immunity for misconduct (which, practically speaking is basically absolute immunity with a few extra steps Edit: as @Gdanning mentions here, I significantly overstated the equivalence here). If you get fucked over by any of them, tough luck. Two, law enforcement has a close working relationship with prosecutors, and most judges are former prosecutors. Because of how the adversarial system is structured, there's a systemic bias against ruling in favor of defendants' (read: criminal's) rights. This is especially a problem when you consider that literally the only source of search and seizure precedent comes by definition from criminals asking a court to ignore damning evidence because it was illegally seized.

I just described a system where the levers of power are held by a fairly cloistered group of people, and it all skews heavily on the side against the meek defendant. There are indeed some attempts to artificially inject fairness into the system. Because civil lawsuits are assumed (not always reasonably) to involve two opposing parties on roughly equivalent footing, the evidentiary standard there is preponderance, which is basically 50% plus one. But for criminal trials, where it's the full weight of the government bearing down on a single person, it's beyond a reasonable doubt, which is basically you better goddamn be real fucking sure. Another difference pertinent for this post is what would be referred to as Brady obligations, where prosecutors are obligated to turn over every evidence which might be helpful to the defendant (who, unlike a civil litigant, has no equivalent obligation to the other side).

For the most part, verifying that a prosecutor has met their Brady obligations is near-impossible. Prosecutors are considered part of law enforcement, and they naturally have access to an entire universe of information which the other side will never see (for example, details about ongoing investigations which would tip off the subjects if it was revealed prematurely) so whether or not they've turned over every Brady material is an exercise in trust. I have to trust that the prosecutors aren't lying, and that they reviewed all the evidence they have and made a fair assessment on whether or not it's exculpatory. This is why virtually every Brady scandal involves exculpatory evidence that came to light accidentally. A fuck-up, in other words.

And oh man was there ever a fuck-up.

This happened this week during the jury trial of Ethan Nordean, a Proud Boys leader charged with seditious conspiracy stemming from his actions in January 6th. I haven't followed his case at all, but his defense attorney just filed this banger of a notice regarding the testimony of FBI agent Nicole Miller. As a government witness, Miller has an obligation to turn over any written statements she made regarding the subject of her testimony (this is known as a Jencks obligation). FBI agents use an instant messaging system called Lync, and Miller handed over a spreadsheet with 25 rows of Lync messages. Miller testified that this was her entire Jencks obligations, and she denied withholding any messages about Nordean's conspiracy charges, denied withholding any messages about whether anyone listened in on attorney-client calls, and denied withholding any messages about whether any reports (dear heavens) were falsified. And so forth. Miller just said no, absolutely not, no way.

Normally this is where the story would end, except Nordean's attorney revealed that the spreadsheet Miller had sent contained about a thousand hidden Excel rows, many of which absolutely one hundred percent directly contradicted Miller's testimony. For example, there were messages about:

  • An agent asking Miller to edit a confidential informant report to remove mentioning the agent was present

  • An agent reviewing attorney-client communication about trial strategy

  • Agents openly expressing doubt about a Proud Boys leader's involvement in a conspiracy

And so on.

I'm certainly excited to see how Miller tries to get out of this vise. My assumption is that the prosecutor will dismiss charges against Nordean in a feeble attempt to make this go away (or a judge can do it for them, which is what happened with the Bundy ranchers).

It's certainly fucking funny that an FBI agent tried hiding Excel rows thinking they were deleted (this is known as the peek-a-boo fallacy). More seriously, FBI agents are acting this brazenly even though they're well aware how much public scrutiny is directed towards J6 cases. I think one can reasonably assume they'd have even fewer scruples in cases involving defendants no one gives a shit about.

Some jurisdictions (starting with North Carolina in 2004) have what's called an open-file discovery rule where everything in the case file (no matter how banal) is provided to the defendant by default. Tucker Carlson got access to and released footage of Jacob Chansley (aka QAnon shaman who was sentenced to 41 months in prison) calmly walking inside the capitol, which appears to contradict his charging documents. More relevantly, Chansley's attorney apparently never got that footage before. I assume the government will now argue that the footage they kept hidden wasn't that exculpatory but really, that should always be up to the defense attorney to decide.

Of course, even if open-file became the norm, law enforcement will get wise not to put incriminating statements on paper (hot tip: when doing FOIA requests, pay attention to any email or text that asks to speak on the phone about a sensitive subject). So beyond open-file discovery, I'd also keep riding my other cute little hobby horses and argue this is another reason to jettison qualified/absolute immunity. Anyone disagree?

Back in the 2020's polarizing summer of rage, there was a moment of outrage that was uncharacteristically unifying: The Smithsonian's "White Culture" infographic.

As I wrote at the time, the lessons imparted by this purportedly "anti-racist" infographic are virtually indistinguishable from what real life white supremacists would argue. The List immediately offended everyone and the Smithsonian quickly walked back, claiming it was misunderstood.

Fast forward to a few days ago when Ryan Grim published an exclusive interview with Tema Okun, the original creator of The List, claiming that everyone got it "all wrong." If the goal was to get me to click well it fucking worked because I listened to the entire podcast episode and...I have no idea in what way Okun's work was at all misinterpreted or otherwise gotten "wrong".

Let's start at the beginning. I previously tried to track down The List's origin but gave up after I only found xeroxed pamphlets. Turns out that Okun wrote The List in a fit of frustration, without any research whatsoever:

I went to a meeting and it was a very frustrating and horrible meeting. And I came home and I sat in front of the computer. And the article literally came through me onto the computer. It was not researched. I didn't sit down and deliberate. It just came through me. And I've never had that experience with my writing, before or since.

So she just pulled this out of thin air, but notice what she considers as validation that she was onto something (emphasis mine):

The tragic relevance of the list was reinforced a few years later when I was co-facilitating a workshop at a national conference of progressive attorneys and law students. We asked participants to work in small groups, looking for ways in which these characteristics show up in their personal and organizational lives. Asked to report, one young student spoke for her group, sharing that the list represents all the characteristics taught by law schools as essential to success in the profession. And that's exactly the point -- our institutions not only value these characteristics, they to some extent require them and constantly reproduce them in order to benefit from them, which is why they are so prevalent in our culture and institutions.

The burning question on my mind throughout, a curiosity Grim apparently does not share, is what makes any of this part of "white" culture? They finally try to address a concrete example, sort of, when they discuss how "urgency" as a value of "white culture" is lampooned. Grim sets the stage by citing examples of how The List is weaponized by bad actors seeking an excuse to shirk at work (e.g. "deadlines are white culture"). But as proof that urgency is a value of white culture, Okun cites a non-sequitur story about how some lawyers at a legal nonprofit got distracted from a anti-racist workshop to address an activist's arrest. The conceit on display here is jaw dropping, Okun is literally complaining about an emergency interrupting* her own anti-racist workshop*:

And when we as facilitators tried to say: Can we take a pause, and just sit down together and figure out what we're going to do in a way that meets this dynamic that we've just been talking about? The answer was: No, we don't have time, we can't possibly do that, we don't have time, no, no, no.

So in the middle of a workshop meant to help and support them to deal with the ways in which their culture was perpetuating racism, they were unable to stop. And that's what I mean by There's just the sense that things are so urgent, we can't possibly pause for anything. So we lose the ability to pause for anything. And people get run over in that situation. And it just keeps things in place.

I don't know if I'm stating the obvious here, but nothing about this tells us that "urgency" is bad per se, let alone how any of it is a value of "white culture" specifically. It seems at least possible that the activist's arrest was more important than her training, even from the narrow perspective of "perpetuating racism", but Okun appears incapable of entertaining that idea.

Ryan Grim is not someone I would have recognized as wary of critiquing leftist shibboleths, but I have no explanation for the uncharacteristic lack of pushback he displayed throughout the interview with Tema Okun. If anyone was looking for evidence that the DEI industry is and has been a sham with self-perpetuation as its primary measure of success, Okun's own words are the rotary excavator digging its hole.

New York City has been ordered to reinstate with back-pay city employees who were fired for refusing to get the covid-19 vaccine. When I first encountered this story, the quote that was bandied from the judge was "Being vaccinated does not prevent an individual from contracting or transmitting Covid-19" and my initial impression was of a fringe anti-vax judge. But the judge meant this literally, as in "the vaccine is not 100% effective" and what he writes in the decision is much more nuanced and generally in support of vaccination.

I am not philosophically opposed to vaccine mandates. Vaccines are easily one of the greatest inventions of mankind, and I don't find it unreasonable to impose a cost on individuals to the extent it can potentially mitigate negative externalities. I'm also not someone who opposes other public health mandates in general, and I was OK with mask mandates for the most part, up until we had widely available vaccines. What never made sense to me was the incoherent overall set of rules. For example, some time around mid-2021, my gym instituted a vaccine passport system whereby you could show proof of vaccination and thereafter be able to work out without a mask. I was totally fine with this system, especially since it was a private entity finding a way to accomodate the needs of a varied clientele. A few months later however, the government ordered all gyms to require masks no matter what and I was fucking pissed. I had to now wear a mask at the gym despite being surrounded by vaccinated people, but meanwhile I could go maskless for several hours at a time at restaurants surrounded by unknown quantities. It didn't make any sense, and it just needlessly burned up whatever credibility public health authorities had. I made the same point at the height of the BLM protests/riots, when social distancing magically didn't matter anymore.

So back to New York City, in October 2021 the city ordered all public employees to be vaccinated. The judge in this case found the order to be "arbitrary and capricious" largely because of how nonsensical the implementation was. If the purpose of the mandate is to increase vaccination with the goal to decrease the spread of a deadly contagion, why exempt certain professions like athletes, artists, and performers? And why allow city employees who are appealing the mandate to continue working full-time as their appeal is pending?

The term "pretextual" comes up sometimes in legal contexts, and it's where a false reason is provided as a bid to hide the true motivations of an action. For example, a cop can say they stopped a vehicle only because the car was speeding, but their true motivation for the stop is to create an opportunity to investigate something else entirely. In Whren v. United States, SCOTUS unanimously decided that pretextual traffic stops were legal (they call them "mixed-motive stops" which is lol) and to date Washington and New Mexico are the only states that prohibit the practice. Because it is virtually impossible to perfectly comply with traffic rules at all times, the practical effect of allowing pretextual stops is that a cop can pull over basically any car they want to. They just need to watch them long enough.

New York City may claim their goal is purely public health related, but it's perfectly reasonable to be skeptical of their stated reasons when the implementation does not align with their goals. The judge in this case wrote:

The vaccination mandate for City employees was not just about safety and public he alth; it was about compliance. If it was about safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued. If it was about safety and public health, the Health Commissioner would have issued city-wide mandates for vaccination for all residents.

Perhaps they can overcome this suspicion by providing a damn good reason for how art protects against transmission, or how pursuing an appeal makes one less contagious, but I have not been able to find one. In the absence of a good reason, I can conclude their stated goal is pretextual. Despite their claims otherwise, it's obvious that the stated goal of public health was not always an overriding priority. The city was apparently willing to let the Very Important Goal be subsumed by comparatively trivial concerns, like not pissing off Very Important People in the entertainment industry. So next time New York City or similar claims they are doing something in furtherance of public health, it's reasonable to assume they're lying until you see evidence otherwise. If the public trusts these bodies less, they can blame themselves.