This Culture War Isn’t about the Flag; It’s about Conscience Read more at: http://www.nationalreview.com/article/451877/standing-national-anthem-voluntary-not-required

Standing for the National Anthem is meaningless if it’s mandated, and such a mandate undermines the essential liberty of free speech.

Let me begin with a simple declaration. I believe that the United States is a better country when not only the government protects the right of free speech but also the culture values that right. I believe that free speech is the essential liberty — the liberty that helps preserve all others — because without the ability to call out unconstitutional actions you cannot possibly maintain a free nation. Because I believe those things, I believe Americans should be tolerant of dissent, even when they believe dissenters are offensive and wrong, and that the best cure for bad speech isn’t censorship but rather better speech.

.. In 1943, with the Second World War still very much in doubt, the Supreme Court rendered its verdict — with words that have echoed through the generations: If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.

.. To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous, instead of a compulsory routine, is to make an unflattering estimate of the appeal of our institutions to free minds.

.. In other words, the power of the salute lies with the choice to salute, and the most repugnant form of censorship is compelled speech — the effort to force a person to state what they do not believe. Mandatory reverence isn’t reverence at all.

.. Sadly, it is now clear that the freedom from compelled speech is under profound threat, from both the Left and the Right. Earlier this month I was honored to write an amicus brief on behalf of 33 family-policy organizations in a case called Masterpiece Cakeshop v. Colorado Civil Rights Commission. The Supreme Court will decide whether petty officials (state civil-rights bureaucrats) can compel a baker to use his artistic talents to celebrate an event he finds offensive. The court will determine whether the state can compel speech.

.. Oddly enough, many members of the Right endorse this move — including those who would be livid if a Democratic president called on the NFL to fire praying football players because that’s “injecting religion into football.” Many of these same people are solidly behind Masterpiece Cakeshop in its battle against forced speech. Virtually all of these folks are outraged when private corporations and private universities enforce rules on speech that systematically disadvantage and silence conservatives. But then Trump acts in the same manner and the response is . . . Yay?

.. Oddly enough, many members of the Right endorse this move — including those who would be livid if a Democratic president called on the NFL to fire praying football players because that’s “injecting religion into football.” Many of these same people are solidly behind Masterpiece Cakeshop in its battle against forced speech. Virtually all of these folks are outraged when private corporations and private universities enforce rules on speech that systematically disadvantage and silence conservatives. But then Trump acts in the same manner and the response is . . . Yay?

.. Here’s the bottom line. If you’re participating in or justifying conduct you’d despise if the partisan roles were reversed, if you’re changing your views because “the people” have spoken and rejected an “elitist” embrace of individual liberty, or if you are not confident enough in your own views to embrace and defend a marketplace of ideas, then we’re just not on the same side.

Read more at: http://www.nationalreview.com/article/451877/standing-national-anthem-voluntary-not-required

The Dying Art of Disagreement

Galileo and Darwin; Mandela, Havel, and Liu Xiaobo; Rosa Parks and Natan Sharansky — such are the ranks of those who disagree.

And the problem, as I see it, is that we’re failing at the task.

.. Extensive survey datashow that Republicans are much more right-leaning than they were twenty years ago, Democrats much more left-leaning, and both sides much more likely to see the other as a mortal threat to the nation’s welfare.

.. Fully 50 percent of Republicans would not want their child to marry a Democrat, and nearly a third of Democrats return the sentiment. Interparty marriage has taken the place of interracial marriage as a family taboo.

.. as Americans increasingly inhabit the filter bubbles of news and social media that correspond to their ideological affinities. We no longer just have our own opinions. We also have our separate “facts,” often the result of what different media outlets consider newsworthy. In the last election, fully 40 percent of Trump voters named Fox News as their chief source of news.

Thanks a bunch for that one, Australia.

.. Allan Bloom ..  published a learned polemic about the state of higher education in the United States. It was called “The Closing of the American Mind.”

..  What we did was read books that raised serious questions about the human condition, and which invited us to attempt to ask serious questions of our own. Education, in this sense, wasn’t a “teaching” with any fixed lesson. It was an exercise in interrogation.

.. To listen and understand; to question and disagree; to treat no proposition as sacred and no objection as impious; to be willing to entertain unpopular ideas and cultivate the habits of an open mind — this is what I was encouraged to do by my teachers at the University of Chicago.

It’s what used to be called a liberal education.

.. The University of Chicago showed us something else: that every great idea is really just a spectacular disagreement with some other great idea.

Socrates quarrels with Homer. Aristotle quarrels with Plato. Locke quarrels with Hobbes and Rousseau quarrels with them both. Nietzsche quarrels with everyone. Wittgenstein quarrels with himself.

.. Most importantly, they are never based on a misunderstanding. On the contrary, the disagreements arise from perfect comprehension; from having chewed over the ideas of your intellectual opponent so thoroughly that you can properly spit them out.

In other words, to disagree well you must first understand well. You have to read deeply, listen carefully, watch closely. You need to grant your adversary moral respect; give him the intellectual benefit of doubt; have sympathy for his motives and participate empathically with his line of reasoning. And you need to allow for the possibility that you might yet be persuaded of what he has to say.

.. 51 percent — think it is “acceptable” for a student group to shout down a speaker with whom they disagree. An astonishing 20 percent also agree that it’s acceptable to use violence to prevent a speaker from speaking.

.. Middlebury is one of the most prestigious liberal-arts colleges in the United States, with an acceptance rate of just 16 percent and tuition fees of nearly $50,000 a year. How does an elite institution become a factory for junior totalitarians, so full of their own certitudes that they could indulge their taste for bullying and violence?

.. I was raised on the old-fashioned view that sticks and stones could break my bones but words would never hurt me. But today there’s a belief that since words can cause stress, and stress can have physiological effects, stressful words are tantamount to a form of violence. This is the age of protected feelings purchased at the cost of permanent infantilization.

.. Then we get to college, where the dominant mode of politics is identity politics, and in which the primary test of an argument isn’t the quality of the thinking but the cultural, racial, or sexual standing of the person making it. As a woman of color I think XAs a gay man I think YAs a person of privilege I apologize for Z. This is the baroque way Americans often speak these days. It is a way of replacing individual thought — with all the effort that actual thinking requires — with social identification

.. But it is a safe space of a uniquely pernicious kind — a safe space from thought, rather than a safe space for thought, to borrow a line I recently heard from Salman Rushdie.

.. it has made the distance between making an argument and causing offense terrifyingly short. Any argument that can be cast as insensitive or offensive to a given group of people isn’t treated as being merely wrong. Instead it is seen as immoral, and therefore unworthy of discussion or rebuttal.

..  For fear of causing offense, they forego the opportunity to be persuaded.

.. If you want to make a winning argument for same-sex marriage, particularly against conservative opponents, make it on a conservative foundation: As a matter of individual freedom, and as an avenue toward moral responsibility and social respectability. The No’s will have a hard time arguing with that. But if you call them morons and Neanderthals, all you’ll get in return is their middle finger or their clenched fist.

.. the so-called “alt-right” justifies its white-identity politics in terms that are coyly borrowed from the progressive left. One of the more dismaying features of last year’s election was the extent to which “white working class” became a catchall identity for people whose travails we were supposed to pity but whose habits or beliefs we were not supposed to criticize. The result was to give the Trump base a moral pass it did little to earn.

.. seem to think that free speech is a one-way right: Namely, their right to disinvite, shout down or abuse anyone they dislike, lest they run the risk of listening to that person — or even allowing someone else to listen.

.. Yes, we disagree constantly. But what makes our disagreements so toxic is that we refuse to make eye contact with our opponents, or try to see things as they might, or find some middle ground.

.. Fox News and other partisan networks have demonstrated that the quickest route to huge profitability is to serve up a steady diet of high-carb, low-protein populist pap. Reasoned disagreement of the kind that could serve democracy well fails the market test. Those of us who otherwise believe in the virtues of unfettered capitalism should bear that fact in mind.

.. no country can have good government, or a healthy public square, without high-quality journalism — journalism that can distinguish a fact from a belief and again from an opinion

.. that requires proprietors and publishers who understand that their role ought not to be to push a party line, or be a slave to Google hits and Facebook ads, or provide a titillating kind of news entertainment, or help out a president or prime minister who they favor or who’s in trouble.

.. Their role is to clarify the terms of debate by championing aggressive and objective news reporting, and improve the quality of debate with commentary that opens minds and challenges assumptions rather than merely confirming them.

.. This is journalism in defense of liberalism, not liberal in the left-wing American or right-wing Australian sense, but liberal in its belief that the individual is more than just an identity, and that free men and women do not need to be protected from discomfiting ideas and unpopular arguments. More than ever, they need to be exposed to them, so that we may revive the arts of disagreement that are the best foundation of intelligent democratic life.

As Trump Takes On Athletes, Watch Them Rise

Trump, in an Emperor Nero complaining about the desultory quality of the gladiators moment, also lamented in Alabama that the N.F.L. had become insufficiently violent.

.. It’s not clear how this plays with Goodell’s masters in N.F.L. ownership. They donated many millions to Trump’s presidential campaign; the New England Patriots’ owner, Robert K. Kraft, showered $1 million on the inaugural and has been a vocal ally; and the Patriots’ coach, Bill Belichick, wrote a letter endorsing him last fall.

.. To summarize this exquisite collision of sports, politics and business: The 49ers quarterback Colin Kaepernick knelt during the national anthem last season, stirring a national debate about patriotism and the treatment of blacks by the police. For that, the N.F.L. owners appear to have blackballed him from the league this year. For that, more players have taken up Kaepernick’s cause. And for that, President Trump disparaged the league and challenged the owners to fire players for exercising their right to free speech — which they have effectively done to Kaepernick already.

And now Kaepernick’s once lonely protest suddenly has many more supporters.

.. They have been active citizens, and that is stirring. This cuts both ways. If an athlete were to engage in protests against, say, abortion or gay rights, that would be no less in keeping with our nation’s finest free speech traditions.

.. It’s striking how completely the president has stood this principle on its head. He taunted N.F.L. owners, urging them to fire players who engage in anthem protests.

“They’ll be the most popular person in this country,” Trump said, “because that’s a total disrespect of our heritage, that’s a total disrespect of everything that we stand for.”

.. The president’s invocation of heritage has become his favorite dog whistle; it also deeply misconstrues our traditions. I’ll recruit my departed father into this scrum. Like many young men of his generation, he volunteered to fight in World War II, and he flew missions on a B-17 bomber. Years later, when Vietnam and civil rights and labor struggles bubbled, and protesters sat out anthems and even burned flags, his view was unwavering: He had fought for an America in which citizens could speak and dissent freely and act morally.

.. Curry has not been as explicitly political as James in recent years, but he did not sidestep the moment. President Trump said he was barring Curry from the White House, but Curry had already made a case for not going.

“By acting and not going, hopefully that will inspire some change,” he said, “when it comes to what we tolerate in this country and what is accepted and what we turn a blind eye to.”

The president is an expert provocateur, and one does well not to underrate him. But notice how the athletes’ eyes are so wide open.

An Intimate History of Antifa

On October 4, 1936, tens of thousands of Zionists, Socialists, Irish dockworkers, Communists, anarchists, and various outraged residents of London’s East End gathered to prevent Oswald Mosley and his British Union of Fascists from marching through their neighborhood. This clash would eventually be known as the Battle of Cable Street: protesters formed a blockade and beat back some three thousand Fascist Black Shirts and six thousand police officers. To stop the march, the protesters exploded homemade bombs, threw marbles at the feet of police horses, and turned over a burning lorry. They rained down a fusillade of projectiles on the marchers and the police attempting to protect them: rocks, brickbats, shaken-up lemonade bottles, and the contents of chamber pots. Mosley and his men were forced to retreat.

.. historian Mark Bray presents the Battle of Cable Street as a potent symbol of how to stop Fascism: a strong, unified coalition outnumbered and humiliated Fascists to such an extent that their movement fizzled. For many members of contemporary anti-Fascist groups, the incident remains central to their mythology

.. Bray is a former Occupy Wall Street organizer and an avowed leftist; he has intimate access to his subjects, if not much critical distance from them.

.. According to Bray, though, antifa activists believe that Fascists forfeit their rights to speak and assemble when they deny those same rights to others through violence and intimidation.

.. shortly before Peter headed to the rally in Charlottesville. “The thing about us fascists is, it’s not that we don’t believe in freedom of speech,” the younger Tefft reportedly said to his father. “You can say whatever you want. We’ll just throw you in an oven.”

.. the horror of this history and the threat of its return demands that citizens, in the absence of state suppression of Fascism, take action themselves.

.. Bray notes that state-based protections failed in Italy and Germany, where Fascists were able to take over governments through legal rather than revolutionary means—much as the alt-right frames its activities as a defense of free speech, Fascists were able to spread their ideology under the aegis of liberal tolerance. Antifa does not abide by John Milton’s dictum that, “in a free and open encounter,” truthful ideas will prevail.

.. In the late seventies, the punk and hardcore scenes became the primary sites of open conflict between leftists and neo-Nazis; that milieu prefigures much of the style and strategy now associated with the anti-Fascist movement.

.. Speech is already curtailed in the U.S. by laws related to “obscenity, incitement to violence, copyright infringement, press censorship during wartime,” and “restrictions for the incarcerated,” Bray points out. Why not add one more restriction—curtailing hate speech—as many European democracies do?

You fight them by writing letters and making phone calls so you don’t have to fight them with fists. You fight them with fists so you don’t have to fight them with knives. You fight them with knives so you don’t have to fight them with guns. You fight them with guns so you don’t have to fight them with tanks.

.. The idea can seem naïve in an American context, where, practically speaking, only white people can carry guns openly without fear of police interference.

.. Postwar antifa, as Bray details in earlier chapters, has largely been a European project, in which opposing sides sometimes beat each other senseless and stabbed one another to death. They didn’t have assault rifles. The Battle of Cable Street was fought with rocks and paving stones.

..  “An anti-fascist outlook has no tolerance for ‘intolerance.’ ” he writes. “It will not ‘agree to disagree.’ ”