The Conundrum

In a discussion the other day with a friend and former legal colleague, we recalled the mantra of the law firm with which we’d once practiced: there is only one legal question, and it’s “what do we do?” What course of action do we advise the client to pursue?

I think about that mantra a lot these days, and most frequently in connection with the media.

I’m convinced that so many of the problems that bedevil American society today are exacerbated by a media landscape that is wildly fragmented. Not only are numerous media outlets–credible and not-so-credible– nakedly partisan, but thanks to the internet, they are all immediately accessible to citizens looking for “news” that confirms their world-views.

Partisan news organizations are nothing new–if you don’t believe me, read up on the vicious contemporaneous attacks on “ungodly” Thomas Jefferson. What is new is the sheer number of media outlets and the ease of accessing them.

The problem isn’t confined to out-and-out propaganda mills. Dubious stories from slanted outlets can and do get picked up by credible news organizations, and its a truism that later “corrections” are seldom as widely read as the initial misinformation.

Josh Marshall at Talking Points Memo recently reported on an example: the New York Post had run a “made-for-Fox News story” about veterans who, it reported, had been “booted out of hotels about an hour north of New York City to make way for migrants”.

As I said, it was a made-for-Fox News: Here are these disabled or impoverished American veterans getting kicked to the curb to make way for migrants with no permission to be in the country in the first place. Politicians jumped on the story. The Post ran it. It made the rounds of the wingnutosphere. Fox of course got on board.

But none of it was true. And I don’t just mean not true in the sense of being misleading or incomplete or embellished or sensationalized. It was a hoax. Sharon Toney-Finch, the founder and head of a small local nonprofit, the YIT Foundation, which focuses on veterans issue and premature births (?) was the source of the original story. But it turns out the she recruited a group of 15 homeless men from a local shelter to impersonate veterans and talk to the press about their tale of woe.

After a few of the homeless men admitted the truth to reporters, Toney-Finch confessed she’d made the whole thing up.

The hoax was apparently perpetrated with the aim of creating a media spectacle for  the right-wing press–to focus on the Biden administration’s terrible, awful, no-good  approach to immigration, and  the purported national immigration crisis. Even the Post has now been forced to recant and report on Toney-Finch’s hoax.

A local paper, The Mid-Hudson News, uncovered the truth with what Marshall notes was “a lot of shoe-leather reporting.”

This relatively minor story is a microcosm of our current dilemma. Today’s media environment is a Wild West of propaganda, spin, misinformation and outright lies. Along with the partisans peddling that propaganda and those lies are genuine reporters working for outlets that practice old-fashioned “shoe leather” journalism. And protecting them all are the Free Speech provisions of the First Amendment.

So–what do we do?

What we clearly cannot and should not do is eliminate or constrict those First Amendment protections. The result of that would be to hand over to government the power to censor communications.

In some cases, like the recent Dominion lawsuit against Fox, libel law can be employed to punish the most egregious behaviors, but this is a very slim reed: few of those who’ve been libeled have the means to bring such suits, and they are–quite properly–very difficult to win.

Unfortunately, new rules that would make it easier to sue over misinformation would end up constraining real journalists as well as the sloppy or dishonest ones–when you are creating the “first draft of history,” it can be easy for even good reporters to make mistakes, not to mention that in the multiple gray areas of modern life, one person’s truth is another person’s lie.

The only answer I can come up with is better education and a change in the information culture–both long-term projects. Teaching critical thinking and media literacy in the schools–although highly unlikely in those fundamentalist religious schools to which our legislature sends our tax dollars–would help. Organizations like the Society of Professional Journalists that issue codes of ethics might consider “rating” outlets based upon their observance of those ethical standards.

But as long as individuals can search for and locate “facts” they find congenial, Americans will continue to inhabit alternate realities. I just don’t have an answer to “what do we do?”

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Think Tanks? Or Propaganda Mills?

For the past couple of years, I’ve had occasional exchanges of emails with a former government official who has gone by the name of Peter the Citizen, in order to protect his identity.I don’t know why he considered that necessary, but since his most recent transmittal–with his name– is available on the internet, I assume I can link to it.

It is worth noting that Peter is a self-described conservative who has worked on welfare issues for the Heritage Foundation, the American Enterprise Institute, and the White House under both President Reagan and President George H.W. Bush. He’s not a bleeding heart liberal; he is a policy person who takes evidence and honesty seriously.

Peter has shared his frustration with the ideologues who twist evidence in order to justify the punitive policies they favor. Most recently, he has shared inaccurate claims made by think tanks and Kevin McCarthy in support of imposing additional work requirements on the needy American beneficiaries of the Temporary Assistance for Needy Families (TANF) program, the Supplemental Nutrition Assistance Program (SNAP) and Medicaid. He especially zeros in on misinformation currently being produced by the American Enterprise Institute (AEI).

In seventeen pages of text (followed by two pages of footnotes), Peter responds to what  AEI researchers present as summaries of the existing research on work requirements. One example:

AEI: “Higher labor-force participation translates to less poverty, and employment correlates to many other nonfinancial benefits, such as better physical and mental health. Encouraging work among benefit recipients gives them an opportunity to escape poverty and achieve upward mobility without depending on government assistance.”

Peter: To support the claim that “more work leads to less poverty,” Weidinger and Rachidi cite a recent study by Child Trends. This is hardly a surprising conclusion. The real question is, do work requirements lead to more work? Notably, Weidinger and Rachidi leave out the following statement from that same report:

We did see an increase in single mothers’ labor force participation in the 1990s. Yet, evidence from early-1990s welfare-to-work experiments and more recent research consistently indicate that, while work requirements can boost short-term employment and earnings, they do not have their intended effect of getting people into stable jobs that sustainably lift them out of poverty with their incomes. For example, previous research found that welfare reform accounted for only a small amount of the increase in single mothers’ employment rates in the mid-1990s….

In short, Weidinger and Rachidi celebrate a relatively small increase in employment (relative to the caseload decline), but ignore the fact that far more families are made worse off with detrimental consequences for children.

I chose the above example because it is one of the least technical (the paper’s language is nothing if not densely academic.)  Suffice it to say that all seventeen pages follow the same trajectory: the argument put forward by the AEI researchers is followed by analysis and data showing that AEI has cited to studies which have been refuted, or has omitted language limiting the applicability of  the portion they quote. In a couple of cases, AEI presents “facts” that aren’t: for example, the paper claims that the “pro-work TANF provisions in this proposal” are the same as those in the 2018 House Ways and Means legislation– the JOBS for Success Act.” Peter offers evidence showing that this assertion is factually inaccurate.

I am sharing this “in the weeds” effort by a Rightwing think-tank to justify reintroducing a policy that has proven to have substantial negative unintended consequences because –thanks to Kevin McCarthy and the mis-named “Freedom Caucus”– these proposals are part of the GOP’s debt ceiling legislation. Proponents argue that work requirements will grow the economy by helping more low-income adults enter the workforce and obtain higher earnings–addressing current labor shortages along the way.

There are two major problems with that argument for “reviving these proposals.”

One is that–as Peter points out– policymakers are not knowledgeable about work requirements or the evidence about their effectiveness. “Instead, they are swayed by the misinformation provided by conservative think tanks and other politicians who simply repeat uninformed talking points.”

The other, of course, is both more obvious and more infuriating: the debt ceiling fight is not an appropriate venue for any policy argument. Raising the debt ceiling allows the government to pay bills it has already incurred. Using a refusal to raise it as a weapon is despicable and deeply disturbing–a threat by blackmailers to upend the global economy if they don’t get their way.

One thing does come through loud and clear from reading that 17-page analysis; if sane Americans ever get control of our government, we really do need to strengthen and simplify our complicated and unwieldy social safety net.

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Who To Believe?

I just encountered an article raising the very troubling possibility that–in the absence of clearly trustworthy and widely trusted sources of information, all of us, Right and Left alike, get played–purposely or not– by people pursuing partisan agendas.

As regular readers of this blog have probably surmised, I subscribe to a wide array of publications: newspapers, magazines, newsletters and the like, representing a pretty wide swath of political opinion/argumentation. Ever since Louis DeJoy was named Postmaster General, I have gotten regular “warnings” from a Democratic organization insisting that DeJoy is busily privatizing the Postal Service, and asserting that–among other nefarious things– he had interfered with delivery of election materials in order to help Trump. More recently,  those emails have been asking me to sign petitions “demanding” that Biden instruct his postal board appointees to fire DeJoy.

Those emails did raise a question: What was the holdup? Why was this Trumper still there?

Then I came across this lengthy  and apparently well-researched article from Time Magazine, titled “Louis DeJoy’s Surprising Second Act.” It included a fairly “deep dive” into several of those accusations.

DeJoy may be best known as the Trump-era GOP megadonor the left accused of meddling with mail-in voting to subvert the 2020 election. But by the time Schumer called him on that frigid winter night, DeJoy was on his way to convincing congressional Republicans—120 in the House and 29 in the Senate—to buy into a lengthy Democratic wish list of postal reforms. When President Joe Biden signed the landmark legislation into law two months later, it guaranteed a union-friendly version of six-day mail service and stabilized health coverage for the 650,000 USPS employees. “There’s no way we could have gotten [the] votes without Louis DeJoy,” says Jim Sauber, the chief of staff for the National Association of Letter Carriers at the time. “That’s for sure.”…

But to the astonishment of many in Washington, the man Democrats once denounced as a threat to American democracy has become one of their most important allies in government. Defying the far right, he delivered more than 500 million COVID-19 test kits to Americans in the winter of 2022. Crossing conservatives last December, he agreed to transition the Postal Service’s entire fleet to electric vehicles by 2026. DeJoy’s capstone collaboration with Democrats was the Postal Service Reform Act, which is arguably the most bipartisan piece of major legislation in the Biden era, drawing 10 more GOP Senate votes than the $1 trillion infrastructure bill.

According to the article, the postal unions and the Biden-appointed Democratic majority on the agency’s Board of Governors have bought into DeJoy’s plans, although members of Congress who don’t want to see rate increases continue to object.

DeJoy had been active in GOP politics for many years, and was certainly no “Never Trumper,” but he insists that Trump wasn’t involved in hiring him.

“I swear on my mother’s life, the President had nothing to do with it,” DeJoy says. “He didn’t know anything about it. I would never even think to tell him before I had a decision, because who knows what he could do with his tweets!”

The article is lengthy, and goes into detailed explanations of the various accusations about politically-motivated chicanery. You should read it yourself, and decide whether you find this far more nuanced reporting more convincing than the generalized accusations made in those periodic emails.

I am not posting this in an effort to convince readers one way or the other; my concerns are–once again–focused on the information environment we inhabit. I will readily admit that, given my own political orientation, I simply accepted the accuracy of the allegations contained in those emails. (In my own defense, until I came across the linked article, I hadn’t seen reason to doubt them.)

Any fair-minded observer of America’s current political scene will conclude that most misrepresentations come from the Right. There’s Fox “News,” the Big Lie, the various conspiracy theories, QAnon insanity, the all-out war on a “wokeness” its enemies can’t define...but those of us who are waging our own war against propaganda need to acknowledge that not everything that emerges from “our side” of the political spectrum is worthy of uncritical acceptance.

Until I have evidence that Time Magazine disseminates misinformation, I am inclined to trust its reporting, and revise my opinion of DeJoy. But the larger and far more troubling conclusion to be drawn from this clash of “alternative facts” is that it is increasingly difficult for Americans to know who and what to believe and who and what to discount.

Social cohesion requires trust. A fundamental problem of our times is that we don’t know who or what we can trust. No wonder conspiracy theories are so rampant.

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Misinformation Matters

A good friend of ours, originally from Canada, left his faculty position in Indianapolis and moved to Ottawa to assume a position as President and CEO of the Council of Canadian Academies, or CCA.

Knowing my preoccupation with media and misinformation, he has shared some intriguing research from an expert panel appointed by the CCA. That research delved into the effects of misinformation on science and health, going beyond the typical hand-wringing over the extent of misinformation and its potential harms, and looking instead at the nature and extent of quantifiable damage done by widespread dissemination of patently wrong information.

As a news release explained

Considerable and mounting evidence shows that misinformation has led to illness and death from unsafe interventions and products, vaccine preventable diseases, and a lack of adherence to public health measures, with the most vulnerable populations bearing the greatest burden. The Expert Panel on the Socioeconomic Impacts of Science and Health Misinformation estimates that misinformation cost the Canadian healthcare system at least $300 million during nine months of the COVID-19 pandemic in 2021.

While combatting misinformation is a complex and long-term challenge, the report details several measures that have shown promise. Ensuring that accurate health and science information is widely accessible and is communicated honestly, understandably, and by trusted messengers can help insulate people from misinformation. Identifying, labelling, and debunking misinformation can also be effective, as are measures that better equip individuals to sort through the increasingly complex information environment, particularly the promotion of critical thinking and media and science literacy in school curricula.

You can access the entire report here.Some of the findings struck me as particularly significant, especially the description of when, why and how people come to accept what the panel calls “misinformation” and I would probably label conspiracy theories and lies.

Misinformation is designed to appeal to emotion and–as the report notes–intended to exploit our “cognitive shortcuts.” We are all susceptible to it, especially in times of crisis.

Science and health misinformation damages our community well-being through otherwise preventable illnesses, deaths, and economic losses, and our social well-being through polarization and the erosion of public trust. These harms often fall most heavily on the most vulnerable.

The research found a number of outcomes directly attributable to the spread and acceptance of misinformation; they included: Illness, poisoning, and death from unsafe health interventions and products; Illness and death from communicable and vaccine-preventable diseases; money wasted on disproven products and services; susceptibility to further and potentially more insidious forms of misinformation; increased healthcare and societal costs; and Inaction on or delay of public policy responses.

Misinformation contributes to a lack of adherence to public health measures and to vaccine hesitancy, which can result in vaccine-preventable disease outbreaks, increased healthcare costs, and elevated risk to the health and well-being of vulnerable populations. Misinformation also amplifies social divisions, which have resulted in overt conflict and violence, often directed at racialized communities. Furthermore, the consequences of science and health misinformation are not borne equally — for instance, negative health impacts during the COVID-19 pandemic have been found to disproportionately affect the well-being of racialized and other underserved communities, exacerbating existing inequalities.

Where possible, panel members put numbers to these generalized descriptions, estimating that widely circulated misinformation about COVID-19 had cost the Canadian healthcare system “at least $300 million in hospital and ICU visits between March 1 and November 30, 2021.” That number did not include the costs of outpatient medication, physician compensation, or long COVID.

And for obvious reasons, the panel was unable to estimate what it called “broader societal costs.” Those included such difficult-to-quantify effects as “delayed elective surgeries, social unrest, moral injury to healthcare workers, and the uneven distribution of harms borne by communities.”

The negative consequences of misinformation are–obviously–not confined to citizens of Canada. In the absence of credible, trustworthy information that is widely trusted and accepted, it proliferates. In the U.S., political data confirms the harm: the MAGA folks who rejected vaccination (evidently believing it to be some sort of nefarious liberal plot) died of COVID in far larger numbers than the independents and Democrats who trusted the science.

The question is: what can be done to counter the confusion and reduce the damage sowed by purveyors of propaganda and inaccurate information? One answer is clearly education, especially science education.  (That conclusion supports concerns over the metastasizing  voucher programs that are sending students to private, predominantly religious schools–many of which have been found to teach creationism in lieu of science).

When citizens don’t inhabit the same evidence-based reality, both individual and social health are compromised–sometimes fatally.

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Can Digital Democracy Ever Work?

Is there really something fundamentally different between digital/social media and the traditional press? The Brookings Institution thinks so, positing that the recent Brexit vote in England arguably represents “the first major casualty of the ascent of digital democracy over representative democracy.”

Many technology optimists have assumed that globalization would lead to the democratization of information and decision-making, and also greater cosmopolitanism. Citizens would be better informed, less likely to be silenced, and able to communicate their views more effectively to their leaders. They would also have greater empathy and understanding of other peoples the more they lived next to them, visited their countries, read their news, communicated, and did business with them. Or so the thinking went.

It is hard to dispute the authors’ contention that this world of enhanced democratic decision-making has failed to materialize.

Instead, digital democracy — the ability to receive information in almost real time through mass media and to make one’s voice heard through social media — has contributed to polarization, gridlock, dissatisfaction and misinformation.

In our “post-fact world,” thanks to social media and the internet, a lie (or–as the article notes– “better yet a half-lie) if told enough times becomes truth.”

A third result of digital democracy…is the political echo chamber. Social media, rather than creating connections with people who possess differing views and ideologies, tends to reinforce prejudices. As the psychologist Nicholas DiFonzo has noted, “Americans across the political spectrum tend to trust the news media (and ‘facts’ provided by the media) less than their own social group.” This makes it easier for views and rumours to circulate and intensify within like-minded groups. Similar digital gerrymandering was evident in the EU Referendum in Britain and the polarization is palpable in the Indian online political space.

Finally, instant information has increased the theatricality of politics. With public statements and positions by governments, political parties and individual leaders now broadcast to constituents in real time, compromise, a necessary basis of good governance, has become more difficult. When portrayed as a betrayal of core beliefs, compromise often amounts to political suicide. Political grandstanding also contributes to legislative gridlock, with elected representatives often resorting to walkoutssit-ins, or insults — all manufactured for maximum viral effect — instead of trying to reach solutions behind closed doors. Even as ease of travel allows legislators to spend more time in their constituencies, making them more sensitized to their constituents’ concerns, less gets done at the national or supranational level. It is a trend that, once again, applies equally to the United StatesEurope, and India.

The unintended consequences of digital democracy — misinformation and discontent, polarization and gridlock — mean that the boundary between politician and troll is blurring. The tone of democratic politics increasingly reflects that of anonymous online discourse: nasty, brutish, and short. And successful politicians are increasingly those who are able to take advantage of the resulting sentiments. Exploiting divisions, appealing to base instincts, making outlandish claims, resorting to falsehoods, and pooh-poohing details and expertise.

“Exploiting divisions, appealing to base instincts, making outlandish claims, resorting to falsehoods, and pooh-poohing details and expertise”…  certainly describes Donald Trump.

When I was a new lawyer, the partner for whom I was doing most of my work had a saying: “There’s only one legal question, and that’s what do we do?”

If it is difficult to argue with the Brookings critique of digital democracy–and it is–his question becomes not just pertinent, but critical. What do we do?

What can we do?

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