Once again, naked progressive overreach sets Donald Trump up for a win.
Republicans, of course, have distrusted the CFPB since its inception. Partly the objection is practical, because its creation embodies the classic Beltway approach: rather than fix a broken regulatory system, throw another powerful agency atop the heap.
.. In this case, however, the objections are also constitutional. Philip Hamburger, a Columbia University law professor and author of “Is Administrative Law Unlawful?,” notes that the lack of democratic accountability almost CFPB.
.. “This agency is so independent that it does not need congressional funding, and it now has declared itself self-appointing—even in opposition to the president’s appointee,” he says. “The CFPB is thus a reminder of how the administrative state can go to dangerous extremes.”
Taking the Long Way
Disciplines of the Soul are the Basis of a Liberal Society
.. Restrictions on campaign contributions provide one example, prohibitions against hate speech another. The liberal vision of freedom deems these limitations legitimate if they are aimed at expanding the realm and reach of individual autonomy overall. Thus the paradox of liberalism: expanded government for the sake of freedom.
.. But many conservatives (and all the more so libertarians) root their complaints in the same radical individualism as the progressives they oppose. They don’t object to the liberal view of liberty. Instead, they see liberalism as betraying it. They insist, for instance, that public redistribution of wealth is a greater constraint on free choice than the economic want it is meant to address.
The same goes for campaign finance laws and many other liberal efforts to limit liberty for the sake of greater liberty. They deem the paradox of liberalism a fatal contradiction.
.. Poverty in this sense does not necessarily involve injustice. By contrast, government redistribution of property can directly impinge on our rights of ownership, and thus can easily be seen as unjust.
.. This conservative idea of liberty, then, is less concerned with giving different people equal power to make their choices matter, but more concerned with letting every individual do what he wishes with what he has—provided he does not take from others.
.. The progressive sees freedom as a power to act while the conservative sees freedom as an absence of restraint.
.. both seem to believe that advancing human progress is a matter of shaping society in a certain way, rather than of shaping the human soul in a certain way.
.. Modern thinkers since Machiavelli and Hobbes have tended to assert that the purpose of society is simply to meet our basic needs for security in our person and property and our desire for liberty in all other things. This minimal view allows us to hope that an arrangement of institutions, incentives, and interests that keeps us out of each other’s hair will be enough.
The market economy, too, is premised on the notion that if all we want is prosperity and comfort, then we should be able to achieve those in spades without having to argue about moral premises too much.
.. A population of citizens generally capable of using their freedom well, not the American Constitution or the market system, is the greatest modern achievement of our civilization. That achievement is the prerequisite for liberalism, whether progressive or conservative
.. To liberate us purely to pursue our wants and wishes is to liberate our appetites and passions. But a person in the grip of appetite or passion can’t be our model of the free human being. Such a person is not someone we would trust with the exercise of great political and economic freedom.
.. The liberty we can truly recognize as liberty is achieved by the emancipation of the individual not just from coercion by others but also from the tyranny of his unrestrained desire.
.. This liberty arises when we want to do more or less what we ought to do, so that the moral law, the civil law, and our own will are largely in alignment, and choice and obligation point in the same direction. To be capable of freedom, and capable of being liberal citizens, we need to be capable of that challenging combination. And to become capable of it, we need more than the liberation of the individual from coercion. We need a certain sort of moral formation.
.. Religious freedom, freedom of association, freedom of the press—these are liberties designed to protect our traditions of moral formation
.. the liberal political theory we claim as our birthright emerged in Britain after an era of nightmarish religious wars, in part to justify an already existing society in terms other than the contentious religious and political ones on which it had originally, gradually, come to be. This involved the formulation of an alternative creation story (man in the state of nature)
.. in essence, our liberal theories offer us truths wrapped in falsehoods—
- the truth that we are all created equal wrapped in the falsehood of a society built by independent individuals choosing to unite;
- the truth that we all deserve to be free wrapped in the falsehood that freedom is the absence of restraint.
The truths may add up to a case for the long way to liberty, but the falsehoods can easily be taken as a case for the short way: the liberation of the individual from outside constraints to pursue his wants as he wills.
.. The long way to liberty begins unavoidably with marriage and the family, and the case for the short way begins as a case against their necessity.
.. But work also buttresses dignity, inculcates responsibility, encourages energy and industry, and rewards reliability. It can help form us into better human beings and better liberal citizens. To see only its material utility is to imagine that work, like family, could be replaced by more efficient forms of distribution.
.. Progressive economic policy at least since John Maynard Keynes has appealed to a sense that the ideal economy would be less focused on work. But this view ignores the formative potential of work beyond its utilitarian value.
.. in higher education, we are increasingly squeezing out liberal learning to make room for more skills training and STEM (science, technology, engineering, mathematics) degrees. We surely need technical education, but that cannot be all that education means.
Liberal learning is out of step with our times because it offers us not vocational skills but the shaping of habits of thought and practice. It forms our souls through exposure to beauty, to truth, and to the power of the sublime that we can only glimpse through the mediation of rare artistic genius. It is, in this sense, closer to an aristocratic idea of leisure than to the modern idea of training.
.. We have almost all agreed that leisure is an opportunity for entertainment and unmediated pleasures. It would not be easy now to make the case for a different understanding of leisure as an opportunity to build habits of virtue, although some people do of course continue the practice of such edifying leisure.
.. “Local institutions are to liberty,” he tells us, “what primary schools are to science; they put it within the people’s reach; they teach people to appreciate its peaceful enjoyment and accustom them to make use of it. Without local institutions, a nation may give itself a free government, but it has not got the spirit of liberty.”
.. But if the long way to liberty is truly to lead us to a freedom that is more than license, it must draw as well upon an ideal of human emancipation that is more than political.
.. Religion in this sense offers a direct challenge to the ethic of the liberal society, and an explicit correction of its excesses.
.. And what is true of religion in particular is true more generally of the institutions of the long way to liberty: They are foundational to liberalism not so much because they counteract its vices as because they prepare human beings to handle the burdens and responsibilities of being free.
.. In our time, a commitment to the long way requires us to defend against a corrosive pseudo-liberalism. Championed by some progressives, but too often enabled by conservatives, it encourages precisely philistinism—a form of freedom that is but license for the morally unfree, and actively disparages every form of nobility, refinement, dignity, order, and transcendence.
.. What happens on the long way to liberty is so offensive to today’s progressives because the authority of our traditional institutions stands in the way of the social transformation they desire.
.. The progress that progressives dream of involves remaking the social order so that it becomes friendlier to an idea of liberty as the emancipation of the will—remaking society so that it becomes finally worthy of the liberated, autonomous individual.
.. But this has things backwards. Real progress very rarely looks like social transformation. It more frequently looks like personal transformation
.. bearing the duties and responsibilities of freedom without being prepared for them poses great dangers, especially the danger of abandoning our liberty in return for security or the passing pleasures and distractions of our abundant age. This danger is avoidable only if we take the long way to liberty
The President’s Self-Destructive Disruption
his repeated use of the word “fake” to describe news coverage when he actually means “unpleasant” and his style of rhetoric in front of the United Nations, where he called terrorists “losers” and applied a childish epithet to the head of a nation in whose shadow tens of thousands of American troops serve and with whom nuclear war is a live possibility, are all cases in point. There is no way to formalize conventions of maturity and dignity for presidents. Custom fills that void.
.. When he violates such customs, Mr. Trump is at his most impulsive and self-destructive. It may sound ridiculous to invoke James Madison or Edmund Burke when we talk about this president, but that is part of the problem. Mr. Trump could profit from the wisdom of his predecessor Madison, for whom the very essence of constitutionalism lay not in what he derided as “parchment barriers” — mere written commands there was no will to follow — but rather “that veneration which time bestows on every thing.” The Constitution, in other words, would be only as strong as the tradition of respecting it.
.. Burke is generally seen as the progenitor of modern conservatism, but Mr. Trump, who came late to the conservative cause, is said to be so hostile to custom that his staff knows the best way to get him to do something is to tell him it violates tradition... demagogic campaign rallies masked as presidential addresses.. because many elements of his base associate these customs with failed politics, every violation reinforces the sense that he sides with them over a corrupt establishment... Historically, conservatism has tended to value light governance, for which custom is even more essential. Aristotle writes that “when men are friends they have no need of justice.” In other words, rules enter where informal mechanisms of society have collapsed. The philosopher and statesman Charles Frankel summed it up powerfully: “Politics is a substitute for custom. It becomes conspicuous whenever and wherever custom recedes or breaks down.”.. Since Woodrow Wilson’s critique of the framers’ work, progressive legal theory has generally denied that the meaning of the original Constitution, as endorsed by generational assent, wields authority because it is customary. Much of libertarian theory elevates contemporary reason — the rationality of the immediate — above all else... The president’s daily, even hourly, abuse of language is also deeply problematic for a republic that conducts its business with words and cannot do so if their meanings are matters of sheer convenience. The unique arrogance of Mr. Trump’s rejection of the authority of custom is more dangerous than we realize because without custom, there is no law.
The Fake-News Fallacy
Old fights about radio have lessons for new fights about the Internet.
Radio, in its early days, was seen as a means for spreading hysteria and hatred, just as the Internet is today.
.. but Schwartz is the latest of a number of researchers to argue that it wasn’t all it was cracked up to be. As Schwartz tells it, there was no mass hysteria, only small pockets of concern that quickly burned out. He casts doubt on whether Dock had even heard the broadcast. Schwartz argues that newspapers exaggerated the panic to better control the upstart medium of radio, which was becoming the dominant source of breaking news in the thirties. Newspapers wanted to show that radio was irresponsible and needed guidance from its older, more respectable siblings in the print media, such “guidance” mostly taking the form of lucrative licensing deals and increased ownership of local radio stations.
.. Columbia education professor and broadcaster Lyman Bryson declared that unrestrained radio was “one of the most dangerous elements in modern culture.”
.. Iowa senator Clyde Herring, a Democrat, declared. He announced a bill that would require broadcasters to submit shows to the F.C.C. for review before airing.
.. Everywhere you looked in the thirties, authoritarian leaders were being swept to power with the help of radio. The Nazi Ministry for Public Enlightenment and Propaganda deployed a force called the Funkwarte, or Radio Guard, that went block by block to insure that citizens tuned in to Hitler’s major broadcast speeches,
.. homegrown radio demagogues like Father Charles Coughlin and the charismatic Huey Long made some people wonder about a radio-aided Fascist takeover in America. For Thompson, Welles had made an “admirable demonstration” about the power of radio. It showed the danger of handing control of the airwaves over to the state.
.. “The greatest organizers of mass hysterias and the mass delusions today are states using the radio to excite terrors, incite hatreds, inflame masses.”
.. “I wouldn’t be here without Twitter,” he declared on Fox News in March. Yet the Internet didn’t just give him a megaphone. It also helped him peddle his lies through a profusion of unreliable media sources that undermined the old providers of established fact. Throughout the campaign, fake-news stories, conspiracy theories, and other forms of propaganda were reported to be flooding social networks.
.. The problem was not simply that people had been able to spread lies but that the digital platforms were set up in ways that made them especially potent. The “share” button sends lies flying around the Web faster than fact checkers can debunk them. The supposedly neutral platforms use personalized algorithms to feed us information based on precise data models of our preferences, trapping us in “filter bubbles”
.. The threat of fake news was compounded by this sense that the role of the press had been ceded to an arcane algorithmic system created by private companies that care only about the bottom line.
.. The image of Arab Spring activists using Twitter to challenge repressive dictators has been replaced, in the public imagination, by that of isis propagandists luring vulnerable Western teen-agers to Syria via YouTube videos and Facebook chats.
.. the birth of the technology brought about a communications revolution comparable to that of the Internet. For the first time, radio allowed a mass audience to experience the same thing simultaneously from the comfort of their homes
.. John Dewey called radio “the most powerful instrument of social education the world has ever seen.” Populist reformers demanded that radio be treated as a common carrier and give airtime to anyone who paid a fee.
.. broadcasters were under intense pressure to show that they were not turning listeners into a zombified mass ripe for the Fascist picking. What they developed in response is, in Goodman’s phrase, a “civic paradigm”: radio would create active, rational, tolerant listeners—in other words, the ideal citizens of a democratic society. Classical-music-appreciation shows were developed with an eye toward uplift. Inspired by progressive educators, radio networks hosted “forum” programs, in which citizens from all walks of life were invited to discuss the matters of the day, with the aim of inspiring tolerance and political engagement. One such program, “America’s Town Meeting of the Air,” featured in its first episode a Communist, a Fascist, a Socialist, and a democrat.
.. much of the progressive concern about listeners’ abilities stemmed from the belief that Americans were, basically, dim-witted—an idea that gained currency after intelligence tests on soldiers during the First World War supposedly revealed discouraging news about the capacities of the average American.
.. Today, when we speak about people’s relationship to the Internet, we tend to adopt the nonjudgmental language of computer science. Fake news was described as a “virus” spreading among users who have been “exposed” to online misinformation. The proposed solutions to the fake-news problem typically resemble antivirus program
.. One rarely cited Pew statistic shows that only four per cent of American Internet users trust social media “a lot,” which suggests a greater resilience against online misinformation than overheated editorials might lead us to expect.
.. Most people seem to understand that their social-media streams represent a heady mixture of gossip, political activism, news, and entertainment
.. You might see this as a problem, but turning to Big Data-driven algorithms to fix it will only further entrench our reliance on code to tell us what is important about the world—which is what led to the problem in the first place.
.. Young Trump enthusiasts turned Internet trolling into a potent political tool, deploying the “folk stuff” of the Web—memes, slang, the nihilistic humor of a certain subculture of Web-native gamer—to give a subversive, cyberpunk sheen to a movement that might otherwise look like a stale reactionary blend of white nationalism and anti-feminism.
.. For conservatives, the rise of online gatekeepers may be a blessing in disguise. Throwing the charge of “liberal media bias” against powerful institutions has always provided an energizing force for the conservative movement
.. The first modern conservatives were members of the America First movement, who found their isolationist views marginalized in the lead-up to the Second World War and vowed to fight back by forming the first conservative media outlets.
.. Since attacks on the mid-century liberal consensus were inherently controversial, conservatives found themselves constantly in regulators’ sights.
.. In 1961, a watershed moment occurred with the leak of a memo from labor leaders to the Kennedy Administration which suggested using the Fairness Doctrine to suppress right-wing viewpoints. To many conservatives, the memo proved the existence of the vast conspiracy they had long suspected.
.. Thus was born the character of the persecuted truthteller standing up to a tyrannical government—a trope on which a billion-dollar conservative-media juggernaut has been built.
.. conservative skepticism of gatekeepers is not without a historical basis. The Fairness Doctrine really was used by liberal groups to silence conservatives, typically by flooding stations with complaints and requests for airtime to respond
.. This created a chilling effect, with stations often choosing to avoid controversial material. The technical fixes implemented by Google and Facebook in the rush to fight fake news seem equally open to abuse, dependent, as they are, on user-generated reports.
.. A recent report by the investigative nonprofit ProPublica shows how anti-racist activism can often fall afoul of Facebook rules against offensive material, while a post by the Louisiana representative Clay Higgins calling for the slaughter of “radicalized” Muslims was deemed acceptable.
.. Despite the focus on algorithms, A.I., filter bubbles, and Big Data, these questions are political as much as technical. Regulation has become an increasingly popular notion; the Democratic senator Cory Booker has called for greater antitrust scrutiny of Google and Facebook, while Stephen Bannon reportedly wants to regulate Google and Facebook like public utilities.
.. a slew of tech companies banned the neo-Nazi blog the Daily Stormer, essentially blacklisting it from the Web.
.. Zuckerberg recently posted a fifty-seven-hundred-word manifesto announcing a new mission for Facebook that goes beyond the neutral-seeming mandate to “make the world more open and connected.” Henceforth, Facebook would seek to “develop the social infrastructure to give people the power to build a global community that works for all of us.” The manifesto was so heavy on themes of civic responsibility that many took it as a blueprint for a future political campaign.