THE RIGHT FUSS: WHY ARE ANIMAL RIGHTS GROUPS FOR BANNING DEPICTIONS OF ANIMAL CRUELTY?

The most memorable video we watched in middle school showed the treatment of animals in the beauty industry. Students squirmed as they saw what happens to a rabbit’s eyes after lipstick has been shoved in them. Many kids covered their faces. Others protested having to watch.

It bothered me then, newly a vegetarian, to see students shielding themselves from confronting cruelty. But today it troubles me more to see animal rights advocates defending a law to banish images of cruelty entirely.

The federal law, Section 48, prohibits selling any “depiction of animal cruelty” across state lines. The Supreme Court is now considering whether the ban – targeted at violence fetish “crush” videos of people stomping animals, but far broader in scope – violates the First Amendment. Animal rights groups and the Obama administration are asking to Court to restore Section 48, which was overturned by 3rd Circuit Court of Appeals, along with the conviction of Robert Stevens, who created and narrated dogfighting videos using others’ footage.  Stevens had been sentenced under Section 48 to three years in jail for making the films.  Michael Vick served one year less for running a dogfighting ring.

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THE MENDACIOUS MISTER REYNOLDS

Anyone out there concerned about the amount of influence Glenn “Heh” Reynolds holds over what people read out on the internets should be more worried about the links that folks don’t click on but instead assume, understandably, to say something roughly approximating what Professor Reynolds says they do.

Take the new website Save the ACLU, organized by influential members and former members who’ve had a series of increasingly nasty and public disputes with the current leadership over how well the organization is living up to its own values. The major flashpoints have been the extent of compliance expected of board members with the leadership’s public relations approach, and the extent of compliance demonstrated by the leadership with conditions imposed by public and private organizations offering funding.

As the website describes,

Over the past three years, these breaches of principle include the ACLU’s approval of grant agreements that restrict speech and associational rights; efforts by management to impose gag rules on staff and to subject staff to email surveillance; a proposal to bar ACLU board members from publicly criticizing the ACLU; and informal campaigns to purge the ACLU of its internal critics.

You’d have a hard time guessing that those were the sorts of grievances in play if you just read the link on Instapundit, which reads:

A SAVE THE ACLU CAMPAIGN from supporters who feel the organization has become excessively politicized.

Now the generous read here I suppose would be that “politicized” refers to “office politics” – that the ACLU is being accused of being too political in the sense of being too concerned with reputations and status and salaries and the like. But that’s hardly the intuitive read of that sentence. If you didn’t know better, you’d think that even the ACLU’s supporters have come to echo the contention of Reynolds and others that when the ACLU was backing free speech three decades ago it was being heroic, but when it backs privacy rights today it’s being “political” out of hatred for Bush.

The gripe of the critics, arguably, is that the ACLU isn’t being political enough – that is, that the politics of its mission haven’t sufficiently infused its methods of implementation.

BEYOND BUSH AND TANCREDO

Catching up on the immigration debate that broke out amongst some of my co-bloggers over at Campus Progress while I was out of the country, I think it exemplifies an unfortunate trend in the contemporary debate: conflating the questions of how immigration should be regulated and of what rights immigrants should have in this country. Every issue has some pundit out there convinced that there are not two sides but three or seven or nineteen, but the immigration question is actually one where there are three camps – counting not the number of potentially coherent ideologies out there but the number of discrete large-scale positions people are visibly lobbying for – which can’t be placed along along a single spectrum without losing a good deal of meaning.

The position which has gotten the most colorful press coverage recently is the one advocated by Tom Tancredo (R-CA) and the Minutemen vigilantes who’ve taken it on themselves the patrol the border and chase down people who look to them like immigrants. Tancredo wants to cut immigration to this country (drastically) by building a wall and wants to curtail the rights of immigrants here (drastically) by denying their children birthright citizenship. It’s a position which resonates with a significant swath of the Republican base, as well as some traditionally Democratic-voting folks. It’s the position of the National Review. Shamefully, it used to be (roughly) the official position of the AFL-CIO (arguably that position would have fit better in a fourth quadrant – fewer immigrants but more rights for them – which I’ll leave out here because it lacks many advocates).

The position which has unfortunately been the primary alternative portrayed in the media is the cluster of policy proposals represented by George W. Bush: more legal immigration but fewer rights for immigrants. That would be the consequence of the crypto-bracero program he offered two years ago, under which undocumented immigrants are invited to come out of the shadows and into the trust of their employers, who can sponsor them for as long as they see fit but are given no reason not to have them deported if they do something the boss doesn’t like. This is the position of the Wall Street Journal and the Cato foundation and the business elites they’re looking out for.

There’s a progressive position in this debate, but it isn’t either of these. It’s the position for which immigrants, advocates, and allies rode from around the country to Flushing Meadows Park for two years ago: open our country to more legal immigration and protect the rights of everyone who lives here. It’s the position of the national labor movement, the NAACP, and the National Council of La Raza, and it’s the one reflected in the principles of the New American Opportunity Campaign: offer a path to citizenship, reunite families, protect civil liberties, and safeguard the right to organize and bargain collectively for everyone who lives and works here. That’s the goal towards which the legislation offered by senators Kennedy and McCain is a crucial step.

Conservatives reap the benefits from any debate which pits low-income workers against each other based on race or gender or citizenship – even when such a debate makes cracks in their electoral coalition in the short term. Building a progressive movement in this country depends on bringing together working people across such divisions to confront shared challenges and opponents with common cause. It’s a task which ostensibly progressive organizations too often have failed – to their own detriment. A two-tiered workforce is bad for workers, and it’s bad for America. But the right answer to that challenge, on the immigration question as on the race question and the gender question, is to welcome new workers and ensure that they have the same rights as old ones, so that they can organize and bargain together to raise their standard of living. Pushing marginalized workers out of the workforce was the wrong position then, and it’s the wrong one now. It consigns more men and women to die crossing the border, and it endangers our security by perpetuating a system in which millions of people needlessly live outside of the law. And it denies the historical promise and dynamism of this country.

"THERE IS NO CRACK"

The Democratic leadership’s hesitant response to Russ Feingold’s call to censure Bush is disappointing, but not surprising (as usual, Mr. Joementum outdid his Democratic colleagues with his claim that coming out against the President’s law-breaking and keeping America safe and free are somehow mutually exclusive). Same goes for the Republican leadership’s ostensible apoplexy. The Republican reaction is more memorable though. As easy as it is these days to become numb to flag-waiving and treason-baiting in response to criticism and defense of the indefensible, Bill Frist’s words are worth remembering:

here we are, the Republican Party, the leadership in the Congress, supporting the President of the United States as Commander in Chief, who is out there fighting al Qaeda and the Taliban and Osama bin Laden and the people who have sworn, have sworn to destroy Western civilization and all the families listening to us. And they’re out now attacking, at least today, through this proposed censure vote, out attacking our Commander in Chief…

As I was listening to it, I was hoping deep inside that the leadership in Iran and other people who really have the U.S. not in their best interests, were not listening because of the terrible, terrible signal it sends…the signal that it sends that there is in any way a lack of support for our Commander in Chief, who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world and, again, that’s why I’m saying as leader at least of the Republican side of this equation, that it’s wrong, because leadership around the world of our sworn enemies are going to say, well, now we have a little crack there. There is no crack. The American people are solidly behind this president in conducting this war on terror.

What Frist is suggesting, in no uncertain terms, is that the military strength of this country and the political strength of its President are inseparable. He’s willfully grafting the President onto the nation and the military as parts of a single coherent whole which all Americans are obligated to defend and support against those who would oppose it. Such logic – attack the President, attack America – makes loyal opposition a theoretical impossibility and makes American patriotism and Republican partisanship synonymous. There are names for an ideology that admits no distinction between the leader, the people, the military, and the nation. But it’s so twentieth century.

As Feingold said today:

Even more troubling than the arguments the President has made is what he relies on to make them convincing – the credibility of the office of the President itself. He essentially argues that the American people should trust him simply because of the office he holds. But Presidents don’t serve our country by just asking for trust, they must earn that trust, and they must tell the truth. This President hides behind flawed legal arguments, and even behind the office he holds, but he cannot hide from what he has created: nothing short of a constitutional crisis. The President has violated the law, and Congress must respond.

THE WEEK IN FEARING FEAR ITSELF

Big week on the not-trampling-over-all-of-our-values-and-freedoms-in-the-same-of-security front. I’m skeptical of how much difference the McCain ammendment committing us not to torture will make on the ground, but it’s a good sign that even after sending Dick Cheney out of his undisclosed location and onto Capitol Hill, Bush wasn’t able to keep Congressional Republicans on the reservation (the anti-anti-torture reservation, that is). The ultimate result, in which Bush met McCain much further than halfway from his original “waterboarding is freedom” position, shows him to be a weakened President and puts this nation back on record against willfully inflicting abusive pain on prisoners. The urgency of the issue, and the limitations of legal language like McCain’s in addressing it, are reinforced in Human Rights Watch’s announcement today on pervasive torture in secret US-operated foreign prisons:

Eight detainees now held at Guantánamo described to their attorneys how they were held at a facility near Kabul at various times between 2002 and 2004. The detainees, who called the facility the “dark prison” or “prison of darkness,” said they were chained to walls, deprived of food and drinking water, and kept in total darkness with loud rap, heavy metal music, or other sounds blared for weeks at a time. The detainees offer consistent accounts about the facility, saying that U.S. and Afghan guards were not in uniform and that U.S. interrogators did not wear military attire, which suggests that the prison may have been operated by personnel from the Central Intelligence Agency…Some detainees said they were shackled in a manner that made it impossible to lie down or sleep, with restraints that caused their hands and wrists to swell up or bruise. The detainees said they were deprived of food for days at a time, and given only filthy water to drink. The detainees also said that they were held incommunicado and never visited by representatives of the International Committee of the Red Cross or other independent officials.

This “dark prison” report follows Friday’s New York Times revelation that President Bush has been authorizing the NSA to spy on Americans without even going through the secret courts designed for the purpose, which should shake any confidence one might have that better laws will fully set this administration straight. Bush apparently believes that he is authorized to personally designate Americans as surveillance targets based on the congressional resolution authorizing him to go to war in Afghanistan.

That Congress showed much less deference on Friday, when Bill Frist could only muster 52 votes for cloture on the Conference Committee’s version of the PATRIOT Act reauthorization, which took out all the civil liberties protections that Russ Feingold and others managed to get into the version passed unanimously by the Senate. In a striking victory for sensible privacy protections over fear-mongering, Feingold, Leahy, and company have kept the Senate from approving the Conference Committee Draft. It’s also a huge victory for Feingold personally, who has gone from being the only Senator to vote against the PATRIOT Act to leading a charge to continue debate on the bill which saw more Republicans cross over to oppose cloture than Democrats crossing over to support it. Looks like the Democratic leadership, rather than marginalizing him, is now trying to pull him into the party establishment, handing him a seat on the Intelligence Commission.

Hillary Clinton, meanwhile, made the news for her own sorry contribution to the discourse on patriotism and freedom: a proposal to ban flag-burning. Hers is ostensibly a compromise position in that it’s a bill rather than a constitutional amendment, and it only applies on public property or when someone is intimidated. But legitimating speech restrictions based on how uncomfortable the speech makes other people feel makes a mockery of free speech. She should know better.

PET ISSUES

A characteristic comment from Kos:

we won’t have a governing majority until the energy expended in pursuing pet interests gets redirected toward getting Republicans out of power and getting Democrats — even some of the imperfect ones — elected to replace them…take a look at the new progressive organizations arising the past few years — MoveOn, the blogs, Democracy for America, National Political Hip Hop Conference, etc — all of them movement-based multi-issue organizations. That is the future of the American progressive movement. Not the single-issue groups that continue to hold their narrow interests above those of the broader movement.

What’s frustrating about comments like this is the uncritical conflation of the “broader movement” and the Democratic party. What’s a “pet issue”? Well, it’s an issue taken up by people you think could spend their time better doing something else. Since Kos’ goal – certainly an urgent and worthy one – is to replace Republican elected officials with Democratic ones, he tends to snipe at progressives who focus on pretty much anything else – be it reducing poverty or expanding civil liberties – as a higher priority. And his hammering on the all-too true point that the Right in this country has demonstrated much stronger long-term strategy than the Left over the past few decades only makes it that much more disappointing each time he makes the short-sighted argument that progressive groups which too strongly criticize or withhold support from Democrats who don’t share their values are selfish for not subordinating their cause to the goal of winning the next election. That’s not how conservatives accomplished their takeover of many of the powerful institutions in this country.

What really gets me about this particular post, though, is the way it conflates Kos’ “every left-wing group in the country should work to elect anyone to Congress who will vote for Pelosi for Speaker” critique with a critique I agree with: the left hasn’t done a sufficient job of building lasting multi-issue coalitions, and progressive activists have too often failed to see and articulate the connectedness between their causes. For Kos, the latter critique must be the former, because the only legitimate form for multi-issue cooperation to take is the Democratic party or organizations or websites mainly devoted to electing Democrats. But that’s not the view of many of the most articulate exponents of the latter critique, including the “Death of Environmentalism” essay which he rightly highlights as a crucial document (here too, I agree). In fact, the very excerpt he quotes in his post is:

Our thesis is this: the environmental community’s narrow definition of its self-interest leads to a kind of policy literalism that undermines its power. When you look at the long string of global warming defeats under Presidents Bill Clinton and George W. Bush, it is hard not to conclude that the environmental movement’s approach to problems and policies hasn’t worked particularly well. And yet there is nothing about the behavior of environmental groups, and nothing in our interviews with environmental leaders, that indicates that we as a community are ready to think differently about our work.

“What’s that,” you say, “it’s possible to have a long string of defeats under a Democratic President? (For a sobering account of just how poor a job NRDC and the Sierra Club did at cashing in on their work electing Bill Clinton, check out Randy Shaw’s Activist Handbook). So much for the idea that all progressive groups have to do to advance their causes is get Democrats elected.

UNION RIGHTS ARE SPEECH RIGHTS

While I don’t at all agree with Thomas Geoghegan’s contention in Which Side Are You On that the ACLU’s agenda, while noble, wouldn’t “cost anyone anything” to implement, he does speak to a well-justified frustration many “labor liberals” feel at the difficulty of stirring certain civil libertarians to get up in arms about the civil liberties of workers on and off the job. Not only are positive rights (like economic security) crucial to the meaningful exercise of negative rights (like free speech), positive and negative rights frequently and fundamentally intersect, perhaps nowhere moreso than the workplaces in which millons spend the majority of their waking hours. Opposition to civil liberties comes not only from those who see in others’ exercise of their rights a threat to their values but also from those who see in others’ exercise of their rights a threat to their economic interests. That’s why the right of workers to speak, assemble, and organize on and off the job has always been threatened in this country. And that’s why it’s so often fallen to unions, in Nathan Newman’s words, to “bring the first Amendment to the workplace.” It’s worth asking (as Geoghegan was trying, though through a troubling turn of phrase, to do) why the idea of deprivation of civil liberties affects many of us more viscerally than the idea of economic deprivation. But even those who only get up in arms over the former should be disturbed that, as Geoghegan has been reminding us for years, American law offers you no protection against being fired for expressing your political beliefs, and promises the weakest of responses to employers who threaten, punish, or fire workers seeking to bargain collectively.

What are the stakes? The Bush-appointed majority on the National Labor Relations Board provided a reminder last month when it upheld a security firm’s rule that bars its employees from “fraternizing” with each other on or off the job. Guardsmark insisted that its employees give up their right to associate with each other socially on their own time as a condition of employment, and the NLRB blessed the company to keep the rule in place.