“A Template for Academic Freedom”

A shorter note than usual this time, to refer you all to a new weapon in the battle against censorship in education in the U.S.

Three faculty members–Valerie Johnson of DePaul University, Jennifer Ruth of Portland State University, and Emily Houh of the University of Cincinnati–wrote this two-page template for an Academic Senate Resolution that faculty at any institution can adapt to present to their own Academic Senate. The goal is to “get as many faculty senates as possible to adopt a resolutions called ‘Defending Academic Freedom to Teach about Race and Gender Justice and Critical Race Theory.'”

You can see the actual template here–it’s a Google doc that faculty can download to a local computer and edit for presentation to their own Academic Senate.

It’s refreshing to see the legalese of “WHEREAS” used, for once, in the name of fighting censorship:

WHEREAS state legislative proposals are being introduced across the United States that target academic discussions of racism and related issues in American history in schools, colleges and universities.

WHEREAS the term “divisive” is indeterminate, subjective, and chills the capacity of educators to explore a wide variety of topics based on subjective criteria that are inapposite from the goals of education and the development of essential critical thinking skills;

WHEREAS educating about systemic barriers to realizing a multiracial democracy based on race or gender should be understood as central to the active and engaged pursuit of knowledge in the 21st century to produce engaged and informed citizens;

THEREFORE BE IT RESOLVED that Senate resolutely rejects any attempts by bodies external to the faculty to restrict or dictate university curriculum on any matter, including matters related to racial and social justice, and will stand firm against encroachment on faculty authority by the legislature or the Boards of Trustees.

That’s just a short excerpt. If you are a faculty member at a higher-ed institution, go to the link and download it. If you know a faculty member, point them to it. This is a way to help do our part in this battle against censorship meant to shut down education on racism, sexism, and other ongoing human problems that have and do exist in the U.S.

Pushback on book banning and gay silencing in Texas

Two stories involving academic freedom in Texas came out recently within a few days of each other. The first involves librarians who created the Twitter hashtag #FReadom (freedom and reading = freedom to read) to inundate the Texas legislature hashtag #txlege with protests against the growing movement to ban books that Republican legislators and Republican governor Greg Abbott feel are inappropriate.

It will be no surprise to constant readers of the HP, or anyone who is fighting to save our democracy from Republican legal attacks, that the basis of the banning is that “certain types” of books must be banned from school libraries if they “make students feel discomfort, guilt, anguish, or any other form of psychological distress because of their race or sex.” That is from Texas Rep. Matt Krause’s October 25, 2021 letter to the Texas Education Agency “demanding that school districts report whether they carry titles from a list of 850 books” or any others that carry out their malevolent purpose of helping white males understand how they benefit from racism and sexism and helping them to reject that privilege. In other words, the same old claim that we first encountered last November in Donald Trump’s Executive Order on Combating Race and Sex Stereotyping: teaching people about racism is racist. As we said way back then,

The duplicity here makes one want to cry out. Here is the pretzel: acknowledging racism at work in America today is actually racist. To bring up race is, somehow, to have a “racialized view” of America, and, beyond that, to bring up racism is to be an apologist for slavery.

…Fighting racism and working for civil rights is also not racist. To claim that fighting racism forces people to think about race, and only race, and therefore is racist, can only be the product of a deep stupidity or a deep evil. It’s very hard to say which would be worse.

…This is more of the same idea that acknowledging race and racism is racist. We should all be allowed to be “color-blind”. This phrase, as used in this Order, represents a false assumption, which is that America, or at least most Americans, are not racist and do not ever made judgments about people based on their race. Therefore, being told to think about race is ruining this paradise by introducing race-based thinking, and therefore, racism.

…While one might find fault with a diversity training program that singles out white people as racist when we know that it’s a part of human nature the world over, we are after all in this case talking about the U.S., where centuries of institutional racism have worked to promote the interests and well-being of white Americans at the expense of black, Latino, Asian, and Indigenous Americans. So in a U.S. diversity training, the focus will indeed be on how white people can renounce the privileges racism offers them. If white Americans don’t do that, they cannot “let people’s skills and personalities be what differentiates them.”

…If one group have worked to institutionalize racism, then yes, they participate in racism and benefit from it, even if they’re not fully aware of the full extent of that participation and benefit. It become so normalized that it’s just the fabric of life. Sexism works the same way. Making people aware of the benefit, or privilege, they experience is a first step in teaching the basic lesson that discrimination must be actively opposed, and that can’t happen until it is personally acknowledged. The work doesn’t stop there. Acknowledging one’s own participation in discrimination is just the first step to fighting it, and being part of the solution.

Yet this ploy of shutting down teaching about racism has only gained steam, as more and more Republican lawmakers at the local, state, and federal level successfully use it as part of their cancel culture (in which democracy is canceled).

Part of what makes them successful is the threatening, overbearing, intolerable dictates they send to their targets. In this case, Krause’s letter to the TEA contains these not-to-be-questioned, immediately-to-be-obeyed orders:

1. Please identify how many copies of each book in the attached [850-book] Addendum your district possesses and at what campus locations including school library and classroom collections.

2. Please identify the amount of funds spent by your District to acquire the books identified in request No. 1 above.

3. Please identify any other books or content in your District, specifying the campus location and funds spent on acquisition, that address or contain the following topics: human sexuality, sexually transmitted diseases, or human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), sexually explicit images, graphic presentations of sexual behavior that is in violation of the law, or contain material that might make students feel discomfort, guilt, anguish, or any other form of psychological distress because of their race or sex or convey that a student, by virtue of their race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

Items 1 and 2 are very heavy lifts, requiring a good deal of record-searching. Item 3 is the poisonous type of intimidation that comes from someone making a long list of “forbiddens” that is meant to seem so all-encompassing that people will just back down under its onslaught and not try to fight it.

We choose to fight it by reading it through. The first list of topics is clearly meant to be red-hot; that is, most likely any book on any of these topics is perverse and bad for students. This includes human sexuality, a rather broad topic. We know from long experience that human sexuality is dog-whistle code for “sex ed or birth control”, HIV and AIDS the same for “homosexuality”, and explicit or graphic sexual behavior is also, in most cases of Republican protest, code for “gay”.

The second list is just the usual “anything that makes white students aware of white racism is racist against whites because it makes them feel bad when they haven’t done anything wrong–“why are you blaming white kids in 2021 for slavery??”–and/or judges them guilty until proven innocent. “…consciously or unconsciously” at the end is particularly revealing of the extent to which these lawmakers are drunk on their power. Whatever the intention of the material, if a white male individual finds fault with it, out it goes.

Governor Abbott’s letter to the Texas Association of School Boards carries on in the same vein:

A growing number of parents of Texas students are becoming increasingly alarmed about some of the books and other content found in public school libraries are extremely inappropriate in the public education system. The most flagrant examples include clearly pornographic images and substance that have no place in the Texas public education system.

These parents are rightfully angry.

Books and “other content” that have “clearly” pornographic images and… “substance”… The vagueness is, to borrow a phrase, at once conscious and unconscious. Using scary umbrella words like “pornography” is a conscious attempt to pre-empt any pushback on the Republican book banning process. Who would defend pornography, or ask what you mean by the word, ask for concrete examples and definitions? What kind of monster would get fired and possibly jailed for doing that?

Using 100% meaningless words like “substance” is a conscious attempt to pile on more threat–these things are so bad we can’t even name them; we just hint that it’s even worse than printed materials. In this way, it’s unconscious of the fact that it’s so vague as to be meaningless. Unless you are terrified into submission by the mere thought of the governor rebuking you, you’re going to laugh at the random and obviously bogus use of the word.

Parents feature repeatedly in Abbott’s letter. But how many is “a growing number”, and how are they finding out about “some” of the books and “other content” in public school libraries that are “extremely inappropriate”? The lack of hard data is damning. Anyone can say “lots of people don’t like this”; proving it is another story. Allegedly, the inventory that Krause demands will be Step 1 in carefully reading and assessing each title to judge its appropriateness. But one feels this will not really be the case. Instead, every material on the 850-item list will be confiscated and–who knows?–perhaps burned by police or the army in a public square, with speeches and rioting, just like the 1930s.

In a tiring lack of surprise, many of the books the Republicans want to ban are about interracial romance, homosexuality, and trans experience.

The librarians protesting this deserve support. As one of them, Carolyn Foote, put it so well:

“One of the chilling effects is people get scared, and you get siloed. You’re afraid, you’re alone,” says Twitter takeover organizer Carolyn Foote, a library consultant who spent 29 years as a school librarian. “We hope people realize they’re not alone—there are people and librarians fighting for students to have rights to literature and information.”

Yes – the best thing to do when confronted with a threat meant to shut you down is to open it up to the world.

Meanwhile in a related story, Texas also has a law mandating that public school sex ed “course materials and instruction relating to sexual education or sexually transmitted diseases should include:

(1) an emphasis on sexual abstinence as the only completely reliable method of avoiding unwanted teenage pregnancy and sexually transmitted diseases;

(8) emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under Section 21.06, Penal Code.

The first note is clearly established by precedent in schools around the country to be Christian pedagogy. The 8th is confusing–is it really illegal to be gay in Texas? Sadly, a 1973 law is still on the books–that’s the Section 21.06 of the Penal Code–and so each county and/or city in the state has to vote on and pass non-discrimination protections to make it possible for gay people to live there. Some universities in Texas have also passed anti-discrimination laws. But these simply put gay people in those counties, cities, or schools in the uneasy position of being free from discrimination but still identified as criminals.

This is why books about being gay or sex education materials that discuss homosexuality are on the Republican hit list. This kind of oppression is already almost completely successful at muzzling and erasing gay people: currently, only 6% of sex ed programs in Texas public schools use materials that include LGBTQIA+ needs and experiences. So the most recent book banning campaign is certainly meant in part to flush out that remaining 6% and get rid of it. Teachers are also forbidden to mention homosexuality or gay people in class.

It’s easy to target people who are already defined as criminals, and then you just expand out from there to anyone you don’t like: immigrants, people for whom English is a second language, black and brown people, and anyone else you label with increasingly vague and threatening names, like “liberal”, “leftist”, “socialist”, etc. These people produce “pornographic” “materials” and “substance” and then force them on school children. Again, the hope is that everyone will be too afraid to be identified with this to ever push back.

The real inappropriate material here is the assault on our democracy. Book banning is not part of it. People banning is not part of it. Do what you can where you are to prevent or overturn these laws through legal channels, and remember that you are not alone.

Truth v. Myth: Biden Order defines racism as racist! (and anti-racism as anti-racist)

Hello and welcome to part 2 of our series examining the Biden Administration’s January 20, 2021 Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which you can find here on the official White House site. We left off in part 1 looking at the end of Section 1 and its framing of equality of opportunity in positive economic terms.

“Sec. 2 Definitions” establishes the same for “equity” and “underserved communities”:

Sec. 2.  Definitions.  For purposes of this order:  (a)  The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

(b)  The term “underserved communities” refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity.”

We know that this Order is specifically addressing racial inequity, so we will not complain that being female is omitted here from categories of Americans who have been denied equality of opportunity. It’s good to have an Order specifically focused on race. But we do expect the Administration can do two things at once and also address sexual discrimination and sexism in America as well, and as soon as possible.

The main difference here between the Biden Order and the Trump Order is that the Trump version had 9 separate definitions of the term “divisive concepts”, all of which stated that anti-racism and anti-sexism training were, in themselves, divisive concepts based on lies and, of course, anti-white racism. So we’re on better footing already here with the Biden Order, as it is short and common-sensical and acknowledges reality.

Sec. 3 Role of the Domestic Policy Council states that this DPC will “coordinate efforts to embed equity principles, policies, and approaches across the Federal government. This will include efforts to remove systemic barriers to and provide equal access to opportunities and benefits, identify communities the Federal Government has underserved, and develop policies designed to advance equity for those communities.” Again, a 180 from the Trump Order which focused on prosecuting government departments that continued diversity training that attempted to address “divisive concepts.”

Sec. 4.  Identifying Methods to Assess Equity says that the Director of the Office of Management and Budget (OMB) will work with federal agencies to “[assess] whether agency policies and actions create or exacerbate barriers to full and equal participation by all eligible individuals. The study should aim to identify the best methods, consistent with applicable law, to assist agencies in assessing equity with respect to race, ethnicity, religion, income, geography, gender identity, sexual orientation, and disability. … Within 6 months of the date of this order, the Director of OMB shall deliver a report to the President describing the best practices identified by the study and, as appropriate, recommending approaches to expand use of those methods across the Federal Government.”

So far so good; we can say that by 2021 it’s a little late to say you’ll begin to assess “whether” there are barriers to equity and then “recommend approaches” to dismantling them… but if this really happens by August, we’ll be happy to wait one last time.

Next time: defining obstacles to equity

Truth V. Myth: Trump Executive Order On Diversity Training, concluded… we hope

Today, part the last of our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping (find the official White House version of this executive order here). We race through the concluding sections, noting the final problematic statements therein.

Sec. 8. Title VII Guidance. The Attorney General should continue to assess the extent to which workplace training that teaches the divisive concepts set forth in section 2(a) of this order may contribute to a hostile work environment and give rise to potential liability under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. If appropriate, the Attorney General and the Equal Employment Opportunity Commission shall issue publicly available guidance to assist employers in better promoting diversity and inclusive workplaces consistent with Title VII.

–More of the same here; the noble Civil Rights Act of 1964 is perverted to support anti-diversity training and the debarment (see Sec. 7(b)) of contractors who provide real diversity training.

Let’s hit the final section for an ill closure:

Sec. 10. General Provisions. (a) This order does not prevent agencies, the United States Uniformed Services, or contractors from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this order.

b) Nothing in this order shall be construed to prohibit discussing, as part of a larger course of academic instruction, the divisive concepts listed in section 2(a) of this order in an objective manner and without endorsement.

(c) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.

(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
September 22, 2020.

–One might laugh aloud if it weren’t for the sheer malice and evil intention of this final section. Subsection a represents a terrible perfection of perversity, saying this order purporting to describe diversity training does not prevent any entity from providing diversity training. It’s so clear that the Order precisely does prevent all agencies from promoting diversity and inclusion that the authors are either subconsciously driven to defend themselves or just enjoying their terrible power. Subsection b follows the same. Subsection c is a logical fallacy, and Subsection d is, we hope, boilerplate text, and not something assembled for this particular and particularly anti-democratic Order.

This Order may well be rescinded by the incoming Biden Administration, but that is cold comfort. The wedge has been driven into our democracy from the top down by a small number of people who are all too happy to destroy our democratic traditions. They are easily split from democracy. Let’s hope that as the wedge goes down into the full population, we find that Americans as a whole will resist the fracture.

Truth V. Myth: Trump Executive Order On Diversity Training, or, a return to McCarthyism

Hello and welcome to part 5 in our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping (find the official White House version of this executive order here). This time, we slog through Sections 4-6.

Section 4 is Requirements for Government Contractors. This Order is, after all, directed toward “Executive departments and agencies (agencies), our Uniformed Services, Federal contractors, and Federal grant recipients”, so here’s where it gets very specific by outlining policy.

During the performance of this contract, the contractor agrees as follows:

1. The contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that (a) one race or sex is inherently superior to another race or sex; (b) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (c) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (d) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (e) an individual’s moral character is necessarily determined by his or her race or sex; (f) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (g) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (h) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. 

The term “race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex, and the term “race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

–This is copied and pasted from Section 2: Definitions, which we covered all-too-thoroughly in part 4. As we said there, “We do not believe in good faith that the context of diversity training in the U.S. provides or supports [eight] separate, and often completely opposing, definitions of “divisive concepts.” In a nutshell, this is the third restatement in this Order of the idea that acknowledging the existence of racism and sexism is racist and sexist.

Now we get to what this means in terms of actions that federal contractors must take. First, they must send a copy of the Order “to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding” and each union office must “post copies of the notice in conspicuous places available to employees and applicants for employment.” We pass over the sexist language in this ostensible Order against sexism… for now.

The next item swerves from what the contractors should do to a warning that if they are non-compliant “this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts”.

Back to tasks: the contractors must “include the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions will be binding upon each subcontractor or vendor.” The Department of Labor will “establish a hotline and investigate complaints received” against any contractor who is “utilizing such training programs in violation of the contractor’s obligations under those orders. The Department shall take appropriate enforcement action and provide remedial relief, as appropriate.”

Unlike the usual lip service that accompanies any civil rights protections, the DOL is very likely to follow through with this for as long as the Trump Administration lasts. All the energy it never has for providing enforcement and relief for victims of race and sex discrimination will be poured into prosecuting people trying to fight race and sex discrimination.

Finally, “Within 30 days of the date of this order, the Director of OFCCP shall publish in the Federal Register a request for information seeking information from Federal contractors, Federal subcontractors, and employees of Federal contractors and subcontractors regarding the training, workshops, or similar programming provided to employees. The request for information should request copies of any training, workshop, or similar programing having to do with diversity and inclusion as well as information about the duration, frequency, and expense of such activities.”

The constant theme here is Soviet- or McCarthy-style encouragement of informants. Instead of going to your company or union first, go directly to the government and report your employer or union. Secretly inform the government about any violations you perceive. Again, if this administration had ever protected whistle-blowers for justice, this would be less infuriating. Only informants, not whistle-blowers, will be protected.

Section 5 leads, for the third time, with the same cut-and-paste 8-part (re)definition of terms and statement that acknowledging racism and sexism is racist and sexist. In fact, that’s all Section 5 includes after the brief intro text “Sec. 5. Requirements for Federal Grants. The heads of all agencies shall review their respective grant programs and identify programs for which the agency may, as a condition of receiving such a grant, require the recipient to certify that it will not use Federal funds to promote the concepts that (a) one race or sex is inherently superior to another race or sex; …” We are perhaps meant to be hypnotized by this repetition.

Section 6 mixes it up by not repeated the cut-and-paste.

Sec. 6. Requirements for Agencies. (a) The fair and equal treatment of individuals is an inviolable principle that must be maintained in the Federal workplace. Agencies should continue all training that will foster a workplace that is respectful of all employees. Accordingly:

(i) The head of each agency shall use his or her authority under 5 U.S.C. 301, 302, and 4103 to ensure that the agency, agency employees while on duty status, and any contractors hired by the agency to provide training, workshops, forums, or similar programming (for purposes of this section, “training”) to agency employees do not teach, advocate, act upon, or promote in any training to agency employees any of the divisive concepts listed in section 2(a) of this order. 

…(ii) Agency diversity and inclusion efforts shall, first and foremost, encourage agency employees not to judge each other by their color, race, ethnicity, sex, or any other characteristic protected by Federal law.

…(b) The Director of OPM shall propose regulations providing that agency officials with supervisory authority over a supervisor or an employee with responsibility for promoting diversity and inclusion, if such supervisor or employee either authorizes or approves training that promotes the divisive concepts set forth in section 2(a) of this order, shall take appropriate steps to pursue a performance-based adverse action proceeding against such supervisor or employee..

–More cultivation of informants here, as any employee that dares to “promote in any training to agency employees any of the divisive concepts listed in section 2(a) of this order” will be informed upon and the Director of OPM “shall take appropriate steps to pursue a performance-based adverse action proceeding against such supervisor or employee…”

Three sub-steps reinforce this message, and part ii, requiring “the agency inspector general [to] thoroughly review and assess by the end of the calendar year, and not less than annually thereafter, agency compliance with the requirements of this order in the form of a report submitted to OMB” is particularly irritating; how we wish that there were at least annual, and ideally monthly, reviews to ensure enforcement of real civil rights laws in the workplace.

Next time: the bleak conclusion

Truth v. Myth: Trump Executive Order on diversity training redefines in order to mislead

Part four of our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping (find the official White House version of this executive order here) concerns “Definitions”.

Every document has to define its terms. But when it redefines commonly used and accepted terms, be on the lookout for acts of bad faith.

Sec. 2. Definitions. For the purposes of this order, the phrase:

(a) “Divisive concepts” means the concepts that (1) one race or sex is inherently superior to another race or sex; (2) the United States is fundamentally racist or sexist; (3) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (4) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (5) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (6) an individual’s moral character is necessarily determined by his or her race or sex; (7) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (8) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (9) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The term “divisive concepts” also includes any other form of race or sex stereotyping or any other form of race or sex scapegoating.

We do not believe in good faith that the context of diversity training in the U.S. provides or supports nine separate, and often completely opposing, definitions of “divisive concepts.”

(1) is a neutral definition of racism and sexism

(2) uses the word “fundamentally” as a subjective motivator for the reader to define any attempt to address discrimination in the U.S. as an attack on their nation that they should patriotically reject; here, “fundamentally racist or sexist” is a cartoonish statement that “the U.S. is bad” that all patriotic Americans are pressured to reject. This one-dimensional, cartoonish definition of “fundamental” is deliberately harmful. Fundamental means “foundational”–built into the foundation of something. That something cannot exist without its fundamentals. While there are well-known, constant arguments made that “racism is America’s original sin,” and that sexism was enshrined in the line “all men are created equal,” this is only part of the story of America and the U.S. The real message of good diversity training is “of course there is institutional racism and sexism in the United States that we must oppose and dismantle–just like the many millions of Americans who have done just that, from 1776 onward; our present-day sense of needing to fight that battle is the result of their work, and is their legacy to us. Fighting for liberty and justice for all is America’s original mandate.” Alongside fundamental discrimination in this country is, and always has been, a fundamental commitment to justice. You can’t have one without the other, and you can’t acknowledge the good fight without acknowledging that there is something that needs to be fought.

(3) this is simply true, and while difficult truths are uncomfortable, they must be faced. No one is innocent when it comes to prejudice. The only lie in this definition is the word “inherently”. Prejudice is not biological. There’s not a gene in your body that makes you prejudiced. It’s 100% nurture. Human beings, like most mammals, are clannish. We are trained to be racist, sexist, homophobic, etc., from infancy up, just like our parents and grandparents etc., were. Usually this is completely unspoken–no one tells a little boy that women are inferior. Instead, they teach him that boys play kickball at recess and girls play four square, and if a girl wants to switch, he should prevent that by tormenting her with name-calling. No one tells the boy about homosexuality–instead, he learns that a boy who wants to play four square instead of kickball must be tormented with name-calling. If you are white and you use a mortgage app and it says you and your wife can borrow $1 million, it likely never occurs to you that a black couple using the same app in the same city will be told they can borrow $200K. It doesn’t occur to you to think about what other people might be experiencing. The whole point of diversity training is to wake people up, to make the invisible visible.

By putting “inherently” in this re-definition, the Order attempts to turn a proven sociological fact about how we acculturate children so fully that they grow up never realizing they’ve been acculturated into some indefensible nonsense about genetic prejudice that of course the logical person must reject.

(4) we cover this in Part 2 – “Here is the pretzel: acknowledging racism at work in America today is actually racist.”

(5) (6) this is also covered in Part 2 – “This is more of the same idea that acknowledging race and racism is racist. We should all be allowed to be “color-blind”. This phrase, as used in this Order, represents a false assumption, which is that America, or at least most Americans, are not racist and do not ever made judgments about people based on their race. Therefore, being told to think about race is ruining this paradise by introducing race-based thinking, and therefore, racism.”

(7) this re-definition is just another dog-whistle to panic and redirect white people in the U.S. away from fighting racism by threatening that if they fight racism, they’ll end up being forced to pay restitution to black people for slavery. Good diversity training does not tell men that they are responsible for sexism in the 17th century. Nor does it tell white people that they are responsible for racism in the 1800s. What it does tell people is that if they do nothing to stop discrimination today, in their own time, they are part of a longstanding problem instead of part of the longstanding solution. If you don’t reject racism today, you are no different from those who accepted it in previous centuries. You may not be participating in race-based slavery, but you are adopting the same mindset as those who did enslave others based on race.

(8) this builds from (7), and is just a restatement of (3). Asked and answered.

(9) this is so warped and deliberately harmful. The ignorant language is all over the place: is working hard really a biological “trait”? There’s a gene in the human genome labeled “hard worker”? Can a biological trait be “created”? The term they are searching for is not “trait” but, ironically, “concept”. The “hard work ethic” (known before this Order to all as “the Protestant work ethic”) is a dog-whistle concept in the U.S. for “white people”. Again, we cover this in Part 2: “In the U.S., the words and phrases “patriot,” “real Americans,” “honest, hardworking Americans,” and “middle-class” have been turned into dog-whistles for racism since the 1970s, when the conservative backlash against the civil rights movement and gains of the 1950s and 60s began, and were fully gelled by the Reagan Administration in the 1980s. All of these have become code expressions for “white”, and it was a horribly effective mis-use of meritocracy: start with the false assumption that everyone had the same starting point and resources, and then when racism ensures that people who aren’t white don’t succeed, the only way to explain it is by blaming the non-white people for being lazy, dishonest, and treacherous. If only white Americans succeed, it must be because only whites are hard-working, honest, and patriotic.”

There are three more re-definitions in Sec. 2 of this Order, two of which simply reiterate points above about how identifying racism is racist, and describe fighting prejudice as “race or sex stereotyping,” or the scourge of “reverse-discimination,” which is somehow not just discrimination and worse than discrimination.

Section 3 defines “United States Uniformed Services” very briefly and objectively.

Next time, if you can bear it: Sections 4-5-6

Truth v. Myth: Trump executive order on diversity training “merits” criticism

Hello and welcome to part 3 of our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping. You can find the official White House version of this executive order here. Here we

The Order picks up from where it left off–claiming that acknowledging the existence of racism is racist (see part 2)–by describing this acknowledgement as coercion:

Executive departments and agencies (agencies), our Uniformed Services, Federal contractors, and Federal grant recipients should, of course, continue to foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics. Training employees to create an inclusive workplace is appropriate and beneficial. The Federal Government is, and must always be, committed to the fair and equal treatment of all individuals before the law.

But training like that discussed above perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of viewpoint. Such ideas may be fashionable in the academy, but they have no place in programs and activities supported by Federal taxpayer dollars. Research also suggests that blame-focused diversity training reinforces biases and decreases opportunities for minorities.

–We can train people to create an inclusive workplace basic on fair and equal treatment of all individual before the law, but we cannot define any group as failing to be inclusive, fair and equal. We must leave that blank. It is racist to openly acknowledge that in the United States, the racism that is sanctioned by generations of institutional discrimination, including laws and mores that approve white racism against black people, Asian people, Latinx people, Native American people, or any other race group.

This would be akin to offering training to prevent homophobic discrimination that refused to say that heterosexual people are the ones allowed, even encouraged, to practice this discrimination, and therefore the source of the problem. We should, apparently, leave the door open to the idea that gay people discriminating against straight people is the longstanding problem.

And isn’t diversity training all about ensuring conformity of action, if not viewpoint? You may not reach everyone who is prejudiced, but you have to ensure that they walk out of the room knowing that prejudice will be punished. And you do hope that you will change minds eventually. Isn’t the goal of the U.S. Constitution to use subtle and not-so-subtle coercive pressure to get millions of people to commit to being one nation, indivisible? Coercive pressure can be exerted for good or for evil. We use coercive pressure to teach children not to touch the hot stove.

Another dog-whistle for conservatives: linking actual diversity training that names names to colleges and universities (“the academy”). Conservatives believe that higher ed is exclusively neo-liberal, so attaching real diversity training to them is effective for that audience.

Finally, there is research that finds that diversity training can be unfortunately counter-productive in that people who complete it feel that they are now racism-proof because of their new knowledge, and therefore anything they do can never be racist, and they never have to think about it again. This does not mean that we cancel diversity training, but that we improve it to address this conundrum.

Our Federal civil service system is based on merit principles. These principles, codified at 5 U.S.C. 2301, call for all employees to “receive fair and equitable treatment in all aspects of personnel management without regard to” race or sex “and with proper regard for their . . . constitutional rights.” Instructing Federal employees that treating individuals on the basis of individual merit is racist or sexist directly undermines our Merit System Principles and impairs the efficiency of the Federal service. Similarly, our Uniformed Services should not teach our heroic men and women in uniform the lie that the country for which they are willing to die is fundamentally racist. Such teachings could directly threaten the cohesion and effectiveness of our Uniformed Services.

–We must begin by asking, what about this Administration’s determined and open effort over the past four years to directly threaten every expression of and mechanism to maintain this nation’s democracy?

But aside from that, here we find once more the argument that the merit system is actually a level playing field. It is not. As we said in Part 2, “That’s why pushing “color blindness” and “meritocracy” are indeed tools of racism: they ask people to assume a level playing field that does not exist. Meritocracy means ‘we all start with the same opportunities, and those who take advantage of them and work hard will succeed.’ But we don’t all start with the same opportunities, the same equality of opportunity, as the Founders put it, and therefore meritocracy is not truly possible.”

And that’s why we must tell people that, unless we are working hard and deliberately and honestly to address racism and sexism, treating individuals on the basis of individual merit really is racist or sexist, because we take a system that ensures the success of whites and men and then say “Well, I guess blacks and women don’t succeed because they just aren’t as talented as white men. They had a fair chance, and they failed.”

Such activities also promote division and inefficiency when carried out by Federal contractors. The Federal Government has long prohibited Federal contractors from engaging in race or sex discrimination and required contractors to take affirmative action to ensure that such discrimination does not occur. The participation of contractors’ employees in training that promotes race or sex stereotyping or scapegoating similarly undermines efficiency in Federal contracting. Such requirements promote divisiveness in the workplace and distract from the pursuit of excellence and collaborative achievements in public administration.

–Yes, there are rules on the books to prevent federal contracts from being granted to contractors that don’t have a fair and equitable workforce or policies. But many studies over many years show that those rules are regularly flouted. Even if they weren’t, and every federal contractor was fully anti-racist and anti-sexist, wouldn’t that be the likely result of decades of diversity training, which is now illegal? How can federal contractors continue that imagined stellar record if they can no longer conduct honest diversity training?

We assume that most people reading this blog–like most people in the world–work in a company or organization. All of these companies experience divisiveness in the workplace. Is the main or only source of this divisiveness diversity training? Probably not. We’d even say definitely not. If we had to make a hypothesis about which causes more divisiveness in the workplace–prejudice or diversity training–we’d say it’s the former.

Therefore, it shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the Federal workforce or in the Uniformed Services, and not to allow grant funds to be used for these purposes. In addition, Federal contractors will not be permitted to inculcate such views in their employees.

–Here the perverse equation is made baldly clear: honest diversity training that identifies white racism and male sexism is “race or sex stereotyping or scapegoating”. Therefore, there is no more federal funding for any diversity training that identifies white racism or male sexism. Again, while we could see a bad-intentioned person arguing that white people are not the only racists (thus ignoring the specific U.S. context of institutional racism that promotes white people over others), it’s hard to see how they would argue that women are as guilty of sexism as men. Or not; we suppose any group as dedicated to ignoring history and reality as this administration could do it.

Next time: “divisive concepts”…

Truth v. Myth: Trump’s Executive Order on Diversity Education

Welcome to the beginning of our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping. You can find the official White House version of this executive order here. We’ll be quoting from it extensively as we work our way through this insidious piece of doublespeak.

The title itself is an unapologetic, almost taunting lie: the order purports to combat race and sex stereotyping, but as we’ll see as we work our way through it, the order does just the opposite. The joy that its author(s) feel in twisting the truth is something we’ve come to expect not just from this administration, but from the Internet world it reflects. Let’s move in:

By the authority vested in me as President by the Constitution and the laws of the United States of America… and in order to promote economy and efficiency in Federal contracting, to promote unity in the Federal workforce, and to combat offensive and anti-American race and sex stereotyping and scapegoating, it is hereby ordered as follows:

Section 1. Purpose. From the battlefield of Gettysburg to the bus boycott in Montgomery and the Selma-to-Montgomery marches, heroic Americans have valiantly risked their lives to ensure that their children would grow up in a Nation living out its creed, expressed in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal.” It was this belief in the inherent equality of every individual that inspired the Founding generation to risk their lives, their fortunes, and their sacred honor to establish a new Nation, unique among the countries of the world. President Abraham Lincoln understood that this belief is “the electric cord” that “links the hearts of patriotic and liberty-loving” people, no matter their race or country of origin. It is the belief that inspired the heroic black soldiers of the 54th Massachusetts Infantry Regiment to defend that same Union at great cost in the Civil War. And it is what inspired Dr. Martin Luther King, Jr., to dream that his children would one day “not be judged by the color of their skin but by the content of their character.”

Thanks to the courage and sacrifice of our forebears, America has made significant progress toward realization of our national creed, particularly in the 57 years since Dr. King shared his dream with the country.

Today, however, many people are pushing a different vision of America that is grounded in hierarchies based on collective social and political identities rather than in the inherent and equal dignity of every person as an individual. This ideology is rooted in the pernicious and false belief that America is an irredeemably racist and sexist country; that some people, simply on account of their race or sex, are oppressors; and that racial and sexual identities are more important than our common status as human beings and Americans.

–The first paragraph of Section 1 quotes from our Declaration of Independence, Abraham Lincoln, and Dr. King, and it’s wonderful to read their inspiring language. The abrupt, jolting switch to the determinedly hate-filled, divisive language of the administration author(s) in the third paragraph is, then, particularly painful and annoying. It reads like a draft essay by a high schooler: “today”, “many” people are “pushing” a different version of America. Whether it’s an inability or unwillingness to match the concentrated, formal yet powerful language of the earlier Americans they quote is unclear and, in the end, unimportant, as both inability and unwillingness do the same damage in the end: reducing the level of the conversation to “good” and “bad” people.

This continues in the paragraph, as the idea of acknowledging social hierarchies, and institutional racism and sexism, is “bad”. It’s “bad” because, apparently, the only way this is done is by slandering America as “irredeemable”, and slandering innocent white male Americans as “oppressors”, “simply” on account of their race or sex.

Ah, the scourge of “reverse racism,” as it’s called, against white people So much worse, its proponents would have you believe, than racism against non-white people. Turning the language of civil rights on its head to support “reverse racism” is deliberately harmful. It attempts to erase a long history of people–like Lincoln and King–calling for all Americans to plainly acknowledge, in writing, in spoken words, in public, the institutional discrimination derailing our nation by thwarting our commitment to liberty and justice for all. This call is not new, it’s not something only happening today, and yes, it is supposed to create a “different version of America” –a better version that lives up to our founding principles.

This commonly known history, however, is under attack throughout the Order. As we will see in our next post, the Order makes no effort at nuance: its message is that white Americans, particularly white American males, are being crucified on the cross of “political correctness” and the “pernicious” pushing of a campaign of reverse racism that threatens our very foundations as a nation.

Next time: the “malign ideology” of civil rights

Votes for women, sexual consent, and the revolution we need to continue

There’s a very interesting article in the Smithsonian Magazine about “What Raising the Age of Sexual Consent Taught Women About the Vote”. It’s hard for us to believe today, but the age of consent for females was set by each state, and in 1895, 38 of those states set the age of consent at 21 or younger–in Delaware, the age of consent for a female was 7 years of age.

Most states set it at 12 or 13, considering this the age most girls began to menstruate, which meant, according to male lawmakers, that sexually she was an adult and would of course always consent to sex. And as the article points out, the consent age gave men complete freedom to rape girls and say the girl had consented; that’s all that was required if (and only if) the man was questioned. “She consented,” he could say, and that would be that.

Women who wanted to change this found allies in the Women’s Christian Temperance Union. The WCTU and “the temperance movement” were and still are reviled and mocked as frigid, frustrated, idiotic old maids who didn’t want people to have fun. What the WCTU really did was attempt to change state laws and business practices that sanctioned and even promoted drunkenness–for men only–that led to disastrous consequences for women, especially their wives. Many taverns made deals with factories to have the factory send male employees’ pay envelopes directly to the tavern, in hopes that the men would not be able to resist the temptation and end up drinking their entire salary away. Men staggered home drunk and broke, meaning their families went hungry, and, worse, that women asking where the pay was were often beaten and sometimes killed. Worse, in most states a man who killed his wife while drunk could be let off because he was drunk–a sort of “not guilty by reason of intoxication”–and no man could be held accountable for something he did while he was drunk. (See “Part 1: Roots of Prohibition” of Ken Burns’ documentary Prohibition for details on the climate of drunkenness in 19th century America and why it happened.)

So the WCTU fought alcohol manufacturers and distributors (i.e., bar and tavern owners), not alcohol itself, for what they did to women. They were a natural ally for women seeking to raise the age of sexual consent in the late 1890s and early 1900s.

It was tough going. Women petitioning their state governments were ridiculed and sometimes removed. In the south, rape was openly acknowledged as a way to maintain white male power over black women, and the idea that a black woman might be able to successfully accuse a white man of rape and he might go to jail was out of the question. As the Smithsonian article points out, white male legislators perverted the age of consent drive to write abominable laws against black men accused of rape, guaranteeing they were tortured, mutilated, and/or killed.

With great tenacity and bravery, American women pressed on. They realized that for as long as legislators were always and only men, there would never be justice for women. They organized themselves to gain the vote, which is remarkable. Women pressing for a right they had been denied were already targets for harassment and violence. Women talking openly about sex and rape and child rape and rape as a tool of racism were a hundred times more vulnerable to attack. Brick by brick they scaled the wall of sexism and won the vote in 1920. Once women began to vote, female legislators began to exist, and like “magic”, somehow, the age of consent rose in all existing states to between 16 and 18.

We owe these women a tremendous debt that can only be repaid by exercising the right they had to fight for at the cost of their lives: women voting. American women have been steadily told that sexism is at once not that big a deal and all over, a thing of the past. It’s like telling non-white Americans that we’re living in a “post-racism” society. American women are being urged not to be strident, angry, hysterical… like women have been told for centuries.

So much more work needs to be done to end sexism, and so much of it is being done in the court of public opinion–a man who preyed on women is forced to resign from his job. And it ends there. But American women at the turn of the 20th century didn’t win the vote so men who prey on women could remain safely outside the legal system. Freedom is maintained by law. We need to vote for legislators who will fight for enforcement of existing laws against rape and sexual discrimination. We need to vote for legislators who don’t let cases of rape and sexual discrimination be tried in the court of public opinion. We all–men and women–need to fight like Temperance women and Suffragettes for real justice.

BLM protests are patriotic

We’ve noticed this week that one of our posts–The Boston Tea Party and a tradition of violence–which we posted back on November 21, 2011, has been getting a lot of traffic. We wonder if this is connected with people searching for historical justifications or damnations of public protest currently taking place in America. Let us say unequivocally that nonviolent protest in the name of liberty and justice for all is one of the greatest acts of patriotism that any person, anywhere, including the United States of America, can make. Black Lives Matter protestors are patriotic Americans desperately trying to save this country from those un-American citizens who would turn it into a race-based dictatorship.

We at the HP are taking part in Black Lives Matter protests nightly in our towns. It’s the very least we can do to fight against those who want an end to America as a land of liberty and justice for all.

The U.S. is founded on the Third Article of the Bill of Rights added to our Constitution, which says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Peaceful protests (“assemblies”) which demand change from our government (“petition the government for a redress of grievances”) are not just some kind of inheritance from the past. The right to peaceful protest against injustice is fundamental to our form of government, and our rights as citizens.

Gradually since the 1980s, and the presidency of Ronald Reagan, we’ve built a harmful paradox in America: the government is at once “the problem,” and needs to be utterly dismantled so people can be free of taxes and laws they don’t like; but at the same time, people who protest publicly against the government are ridiculed or threatened as dangerous outliers.

To be frank, it’s a specific kind of protestor who is threatened as un-American: the non-white, non-male, non-Christian, and/or non-straight protestor. As racist, sexist, and homophobic people attempt to make white straight Christian male the definition of “American”, the only American who has the right to protest because he’s protesting all those other “non” people, we find that neo-Nazi marchers are basically unopposed by police while everyone else (the “nons”) are met with military-level shows of force.

These anti-“non” protestors usually claim that they are the majority and therefore have the right of tyranny over everyone else. This claim grows in ferocity as white men steadily slip into the minority of the U.S. population, and is transformed into a call for oligarchy–government by the minority, oppressing the majority.

Just two months after the birth of this blog, in May 2008, we posted the first version of our tyranny of the majority post, in which we pointed out that our three-part government is set up specifically to prevent tyranny of the majority by empowering the judiciary to protect and uphold the rights of minority citizens. We’ve reposted this almost a dozen times since then, as gay marriage was legalized in individual states, and as Americans were heard wondering why the courts “pass laws” they don’t like. America is not an oligarchy. It’s a democracy. That’s the torch you must accept as it is passed to you if you want to claim that you are patriotic.

So when we see people searching out our post on the riots that characterized pre-Revolution Boston, we feel uneasy because we fear that our condemnation of those riots will be used to condemn Black Lives Matter protests. It should not be. Here’s why.

As we put it in our post,

When you read about the events leading up to the Tea Party, you quickly become a little uncomfortable with the readiness of Bostonians to physically attack people and destroy their property as the first means to their ends.

…This willingness to use violence got mixed reviews from patriot leaders. Some felt it was justifiable because it was in protest of an unfair government. Others felt it gave the patriot cause a bad name, and attracted lowlifes who weren’t fighting for democracy. All of them knew it had to be carefully managed to keep it under control: at any moment a mob nominally in the service of colonial leaders could become a force that knew no loyalty and could not be controlled by anyone.

It is certainly unsettling for modern-day Americans to read about the tactics our ancestors were ready to use when they believed themselves to be crossed. Mob violence is not something we condone today, and so much of the violence in colonial Boston seems to have been based not in righteous anger but in personal habit and popular tradition that it’s hard to see it as truly patriotic.

Patriot leaders like Samuel Adams knew they would have to keep violence out of their official platform,  disassociating the decisions of the General Court from the purveyors of mob violence. The Tea Party would be a triumph of this difficult position.

The problem with pre-Tea Party Boston was that it relied on mob violence–people tearing down the houses of men who they felt were unjust, throwing bricks at them, pouring hot tar over their naked bodies and covering them with feathers, then forcing them to run through the streets or be beaten. That is mob violence. Those are acts of revenge. They do not further the cause of justice. They can never be actions taken in the name of justice.

Public protest is different from mob violence. Public protest can be violent or non-violent. Violent public protest is just one half-step above mob violence, because it cannot be controlled in a way that promotes justice. It is about revenge, not change.

Non-violent public protest is, by its very nature, controlled to force change rather than take revenge. Building are not burned, people are not beaten. It is the ultimate in democracy, and a legacy given to Americans by their Founders.

Unfortunately, there are always low-lifes who attach themselves to a non-violent protest, wait until it is peacefully ending, then start looting and throwing smoke bombs and forcing violence. Some do this to further their own ends of looting and/or expressing their contempt for human suffering and individual liberty. Some do it to make the protestors–the “nons”–look bad. People who have contempt for, and fear of, liberty and justice for all infiltrate the crowd to destroy the movement.

Those who protest against racism, sexism, homophobia, and religious bigotry are patriotic Americans, and the true inheritors of the American Revolution.