The Golden Age at Twilight

Corporatism, History, Pop Culture
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Rod SerlingWhen I was in 5th grade, the teacher, Mr. Kelly, asked the class if anyone could tell him the definition of the word twilight. I raised my hand, excited to know the answer for once: “A dimension not only of sight and sound but of mind — a journey into a wondrous land whose boundaries are that of imagination…”

“You idiot!” interrupted Mr. Kelly. (Does the setting of New York City in the 1970s explain at all why the teacher talked to his pupils that way?) “That’s the Twilight Zone! — Twilight is the period between sunset and darkness…”

Oh, I thought. So that’s why the show is called the Twilight Zone. It’s an in-between thing.

I wonder if there are kids today who will some day tell a similar story — probably with a less ill-mannered teacher — where they answer the vocabulary question by stating that “twilight” is when high-school vampires are in love with teenage mortals.

When I was a kid, The Twilight Zone was the smartest television show I watched. And I watched a lot of TV. It had already been off the air for a decade, but so had most of my shows. I grew up in the 1970s watching the TV of the 1950s and ’60s on a portable black-and-white television set with antennas made of coat hangers and tinfoil.

I loved the plot twists, and I didn’t mind all the moralizing. Most of the television I watched was preachy — and kids are used to being preached at from all directions, not just their TV viewing — but unlike all the other shows I watched, The Twilight Zone dealt with mind-bending ideas, and its plots weren’t predictable, at least not to me. Each episode ended with a revelation, and I enjoyed trying to guess what it would be, though I seldom guessed right.

The critics had loved it from the beginning — well before the show became popular with viewers — and later critics ranked it as a high point in television history:

In 1997, the episodes “To Serve Man” and “It’s a Good Life” were respectively ranked at 11 and 31 on TV Guide‘s 100 Greatest Episodes of All Time.…

In 2002, The Twilight Zone was ranked No. 26 on TV Guide‘s 50 Greatest TV Shows of All Time. In 2013, the Writers Guild of America ranked it as the third best written TV series ever. (Wikipedia)

The show’s creator, executive producer, and head writer, Rod Serling was one of the star television writers from the first “Golden Age of Television.”

His successful teleplays included Patterns (for Kraft Television Theater) and Requiem for a Heavyweight (for Playhouse 90), but constant changes and edits made by the networks and sponsors frustrated Serling. In Requiem for a Heavyweight, the line “Got a match?” had to be struck because the sponsor sold lighters; other programs had similar striking of words that might remind viewers of competitors to the sponsor, including one case in which the sponsor, Ford Motor Company, had the Chrysler Building removed from a picture of the New York City skyline. (Wikipedia, “The Twilight Zone”)

In the Golden Age of Television, sponsors not only attached their names to the TV shows they sponsored — Kraft Television Theater, Philco TV Playhouse, Goodyear TV Playhouse, The Alcoa Hour, The Voice of Firestone, The US Steel Hour — they developed shows, produced them, and paid the networks to put them on the air.

Television's Second Golden AgeRobert J. Thompson, a communications professor at Syracuse University, writes,

This arrangement led to some legendary stories of sponsor interference. Alcoa, manufacturers of aluminum, for example, would not let Reginald Rose set a tragic event in his episode of The Alcoa Hour in a trailer park, where most of the homes are made of aluminum. The Mars company, which sponsored Circus Boy, made it known to those making the show that they didn’t appreciate references in the program to ice cream, cookies, or other treats that competed with Mars’s candy products for the sweet tooth of America’s youth.

And for those of you who’ve read my earlier post “Who destroyed the first golden age of television?” take note of this one:

In “Judgment at Nuremberg,” an episode of Playhouse 90, about the trials of Nazi war criminals, a reference to “gas chambers” was deleted by the sponsor, the American Gas Association. (Television’s Second Gold Age)

Two years before Serling created The Twilight Zone, he wrote a long introduction to a paperback release of his historic teleplay Patterns. (“Many of the scripts for these [1950s TV] plays were collected and sold in book form,” writes Professor Thompson, “a distinction prime-time programs would not enjoy again for many years.”)

In his introduction, Serling reviews the history of television drama and his career in the medium, gives advice to young writers, and voices his regret about the medium’s dependence on commercial interruptions and busybody sponsors.

RodSerlingPatternsFor good or for bad, the television play must ride piggy-back on the commercial product. It serves primarily as the sugar to sweeten the usually unpalatable sales pitch. It’s the excuse to wangle and hold an audience.

Serling is clearly trying for a measured tone in that introduction. In Submitted for Your Approval, a documentary about his career released 20 years after his death, we get a more candid opinion:

How can you put out a meaningful drama when every fifteen minutes proceedings are interrupted by twelve dancing rabbits with toilet paper?

Still, Serling understood that his career depended on the dancing rabbits:

A sponsor invests heavily in television as an organ of dissemination. That organ would wither away without his capital and without his support. In many ways he hinders its development and its refinement, but by his presence he guarantees its survival. (Patterns, introduction)

In addition to specific cuts and changes, the TV sponsors of the 1950s had informal rules limiting content. While Serling was already known as a writer of television drama, The Twilight Zone made him famous ever after for fantasy and science fiction. In his 1957 introduction to Patterns, you can already see him being pushed in that direction as a reaction to the sponsors’ fiats:

One of the edicts that comes down from the Mount Sinai of Advertisers Row is that at no time in a political drama must a speech or character be equated with an existing political party or current political problems.

Serling’s 1956 teleplay about the US Senate was gutted. Several million television viewers tuned in to his political drama “The Arena,” Serling writes, and

were treated to an incredible display on the floor of the United States Senate of groups of Senators shouting, gesticulating and talking in hieroglyphics about make-believe issues, using invented terminology, in a kind of prolonged, unbelievable double-talk.

“In retrospect,” Serling mused,

I probably would have had a much more adult play had I made it science fiction, put it in the year 2057, and peopled the Senate with robots. This would probably have been more reasonable and no less dramatically incisive.

Serling insists that he did not make trouble: “I’m considered to be a cooperative writer — even now. I don’t get my back up at requests for rewrites.” But he was known in the industry as the “angry young man of Hollywood,” and when he died of a heart attack at age 50, many newspapers “mentioned that he had been a heavy smoker for years and was angry and stressed most of his life” (Wikipedia).

But while he fought television executives and sponsors over what he unfortunately called “censorship” (see my post “censorship schmensorship” on why this label is misleading, at best), he fell short, in the 1950s at least, of proposing government intervention — or any other specific solution:

I don’t really believe there exists a “good” form of commercial. There are some that are less distasteful than others, but at best they’re intrusive.… I make reference to this by way of pointing out a basic weakness of the medium. I do not presume to suggest any antidotes or alternatives. At the moment none seems possible. (Patterns, introduction)

Sadly, by the ’60s, he was willing to call on the state. According to a 1964 article about Rod Serling and “TV censorship,” we learn that Serling

proposed that the Federal Communications Commission “pass muster” in some fashion on the quality of advertising in television. The FCC has never been a “strong arm of the government” because it was afraid of being accused of censorship, he said. (“Serling Rips TV Censorship,” Binghamton Press & Sun-Bulletin, May 1, 1964)

Note the irony of his fighting the “censorship” of private editorial policies within the networks, then dismissing concerns about the real-deal coercive variety from the central government.

There’s another irony to Serling’s shift. You need to note the dates and know a little television history to catch it.

The television industry in which Rod Serling had established his name was dominated by sponsors — this was precisely Serling’s problem with it:

No dramatic art form should be dictated and controlled by men whose training and instincts are cut of an entirely different cloth. The fact remains that these gentlemen sell consumer goods, not an art form. (Submitted for Your Approval)

And yet the era of Serling’s ascendancy is now considered the Golden Age of Television and the TV drama of the era is recognized as an art form at its peak (until the present new golden age of television drama came to surpass it). According to television producer Sherwood Schwartz, the success of that earlier era resulted directly from its domination by the sponsors:

[T]he networks were conduits and they had no control of programming. Sponsors had more power, and the creative people who created the shows had more authority.

Professor Thompson indicates other benefits of the 1950s arrangement:

Television's Greatest Year: 1954[S]ingle sponsorship also had advantages. R.D. Heldenfels, TV critic and author of Television’s Greatest Year: 1954, points out that “Unlike the current system, where a terribly low-rated show is pulled after one or two telecasts, a single sponsor willing to wait for good numbers — or to settle for lower numbers because the show increased the sponsor’s prestige — could keep a show going.” Since networks made money as long as the show remained sponsored, the only reason for them to cancel a sponsored series was if the ratings were so low that they threatened to reduce the size of the potential audience for the next show on the schedule. Indeed, many companies were more concerned with prestige than they were with numbers. If not for prestige, why would a company like US Steel have sponsored an anthology? There were no raw US Steel products that a mass audience could buy over the counter and most viewers had no idea where the steel in their automobiles came from. It was even possible that a show would continue to be sponsored based on the tastes of a single executive or company owner. The classical music on The Voice of Firestone played for five years on NBC and another five on ABC to comparatively small audiences because the Firestone family was more concerned with attaching their name to a cultural show than they were with ratings.

Yet here was Serling in 1964, calling for a stronger hand from the FCC and pooh-poohing the idea that such intervention would constitute censorship — this just after the three-year reign of FCC chair and “culture czar” Newton Minow, who

gave networks authority and placed the power of programming in the hands of three network heads, who, for a long time, controlled everything coming into your living room. They eventually became the de facto producers of all prime-time programs by having creative control over writing, casting, and directing. (quoted by Russell Johnson, aka the “Professor,” Here on Gilligan’s Island)

In the famous “vast wasteland” speech before the National Association of Broadcasters in 1961, Minow told the television industry, “You must provide a wider range of choices, more diversity, more alternatives.”

“Yet,” according to University of Virginia professor Paul Cantor,

Minow’s speech resulted in centralizing power in the television industry and thus actually reducing the range of choices in programs.… [H]is words contained clear threats that if the television industry did not voluntarily do what he wanted, the FCC would make sure that it did. (Paul A. Cantor, “The Road to Cultural Serfdom: America’s First Television Czar” in Back on the Road to Serfdom: The Resurgence of Statism, edited by Thomas E. Woods, Jr.)

Rod Serling, the angry young man of Hollywood, clearly preferred the rule of the FCC to the rule of the American sponsors, and in 1964 — after three years under Newton Minow had radically changed the television landscape, and JFK-appointed FCC chair E. William Henry was still “fully committed to Minow’s agenda” (Thompson) — Serling all but advocated an even stronger hand from the federal government to limit commercial interruptions.

Is it possible that the sponsors were requiring ever more commercials in response to their dwindling power in the production end? After all, you don’t have to push Kraft-brand cheese slices as ardently when the anthology showing Rod Serling’s famous “Patterns” is called The Kraft Television Theater.

If that’s right, then Rod Serling is yet another example of the intervention spiral that Ludwig von Mises described: first you call for government intervention, then you fail to see that the intervention created the new problems you dislike, so you call for further intervention, and the cycle repeats.

So why wasn’t Serling afraid of implicit censorship from the FCC?

One unfortunate possibility is that Rod Serling was less vigilant about the FCC because Newton Minow’s agenda was better aligned with Serling’s own politics. Serling’s teleplays were antiwar well before antiwar sentiment took over a later generation. His stories also focused on questions of racial prejudice and sexual equality at a time when the sponsors considered the topics divisive and controversial. Recall that one of the edicts from “Advertisers Row” was that “at no time in a political drama must a speech or character be equated with an existing political party or current political problems.”

But in the early 1960s, the edict from Washington DC reversed the mandate.

Newton Minow was an appointee of the Kennedy administration. “His chief ‘qualification’ for the FCC job,” according to Paul Cantor, “was the fact that he was a personal friend of the president’s brother Robert Kennedy.”

Lacking any grasp of aesthetic criteria, Minow had to employ political criteria in his evaluation of television, and the industry responded accordingly.… [T]he changes in television content in the 1960s chiefly followed a political agenda — greater representation of minorities on shows, especially African-Americans; more dramas devoted to controversial political issues, displaying a deepened social conscience; in particular a number of shows dealing with the issue of civil rights, which not coincidentally was being promoted at the same time by the Kennedy and Johnson administrations.… [T]elevision in the 1960s increasingly fell in line with the program of the Democratic Party. This is exactly what one might have predicted under the leadership of an activist FCC chairman appointed by a Democratic president. (Cantor)

If Rod Serling wanted to push the Democrats’ agenda, then pressure from the federal government for television networks to do exactly that may have felt less like oppression and more like freedom.

Serling may have welcomed the new era of the American culture czar. Minow certainly recognized Serling as a comrade in the crusade. In his speech to broadcasters, Minow had called television a “vast wasteland,” but he listed a handful of exceptions by name. Serling’s Twilight Zone was one of them.

The preachy tone I now hear in the show was a sign of the times. It felt familiar to me because I had grown up on 1960s television. I believe in tolerance and diversity largely because TV taught me to believe in tolerance and diversity. But over time, I came to believe that the tolerance of left-liberalism was a shallow tolerance, a tolerance only for certain forms of diversity — those that aren’t in conflict with the rest of the left-liberal agenda. That agenda was about more than cosmopolitan open-mindedness and acceptance of ethnic and cultural differences; it was about greater centralization of power, the need for coercive intervention, trust in certain elites, and a distrust of local values and local authority.

Serling may have seen a greater number of heroic, middle-class blacks and strong, smart women on television and believed that it was evidence that the medium was advancing. But did he also notice that the stories took fewer and fewer risks? Did he notice that the chorus of social consciousness could sing only one note?

He bridled against the sponsors’ mandate not to offend anyone and bemoaned the television writers’ practice of “pre-censoring,” by which he meant anticipating sponsor reaction and thereby avoiding any risks. And he was right that creativity requires risk-taking. In recent decades we’ve seen the cable-TV drama raised to the level of art precisely because commercial-free cable networks can afford to take chances that commercially supported broadcast networks just can’t.

But the strong arm of Kennedy liberalism, in the form of an activist FCC, drove risk-taking off the air and replaced it with homogeneity and blandness under the guidance of a fearful cartel of network heads who were willing to sing the administration’s preferred lyrics so that they could continue to sell soap. Rod Serling may have played a starring role in the golden age of television drama, but his agenda brought that age to an end.

The Golden Age at Twilight Read Post »

The Right to Say “I Do” versus the Right to Say “I Don’t”

Legal System
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GayStripesThe New Mexico state government has become significantly more gay friendly in the last week or two.

Sadly, one result is that individual freedom in the state is on the wane.

On Monday, a New Mexico judge ruled that the state’s marriage law "doesn’t specifically prohibit gay marriage," and the next day court clerks began issuing same-sex marriage licenses.

I look at the photographs of gay and lesbian couples tying the knot yesterday in Albuquerque, and I feel moved by them. Knowing how they’ve struggled to achieve the moment captured in those pictures, I feel much happier for them than I would for most strangers. And I think of the same-sex couples I know, none of them married by any legal definition, and I wonder if the piece of paper would matter to them.

This is how the state tricks libertarians into supporting the growth of government power.

I’m not suggesting that anyone in the government is actually concerned about the beliefs and political stances of self-described libertarians — we’re far too small a group for the Powers That Be to care what we think — but anyone who believes that individuals have any inalienable rights is, to at least that limited degree, libertarian in their thinking. And it is that libertarian instinct that the political class appeals to for increases in legislation and the growth of the state.

The marriage-law ruling comes one week after another so-called gay-rights case:

"Refusal to photograph New Mexico same-sex couple ruled illegal"

I can’t recall why Robert Anton Wilson stopped supporting the ACLU and started giving his money instead to the Fully Informed Jury Association (FIJA). But if you ever needed evidence that the ACLU is an anti-libertarian organization (whose name should really have the word "liberty" in scare quotes), then this case should be conclusive.

Joshua Block, an attorney with the American Civil Liberties Union, which represented the couple, said the ruling rejected a "frighteningly far-reaching" argument for allowing private companies to discriminate against gays and lesbians.

"The Constitution guarantees religious freedom in this country, but we are not entitled to use our beliefs as an excuse to discriminate against other people," said Louise Melling, also of the ACLU.

As one comrade said recently, "Thank God for the ACLU. Who else would stand up for a gay couple’s right to force a company to provide them services unwillingly?"

The photography case isn’t about gay marriage, but it nevertheless highlights why many libertarians are reluctant to support gay-marriage legislation.

Should gays be allowed to marry? At first glance, that seems like a no-brainer to advocates of individual rights. To a supporter of liberty, the question becomes, "Who has a right to stop them?" In our view, anyone (well, let’s say any mentally competent adult) has a fundamental right to make contracts with anyone else (again, consenting adults, to keep the argument on track). And while it may offend romantic sensibilities — or even personal experience — to think of marriage primarily as a contract between individuals, contract is nevertheless the proper public component of such a private union. (By this same reasoning, we support the rights of polygamists, assuming consenting adults, etc.)

But the state turns the gay-marriage issue into a sort of trick question. Because the current legal definition of a marriage is both more and much less than a mutually beneficial arrangement between the spouses: it’s a set of coercive obligations imposed on third parties.

Again, the photography case was not about gay marriage but about antidiscrimination laws, but the two are linked, because any business that, to use the ACLU’s terminology, "offers services to the public," is already burdened with legislation dictating what they can and cannot do, whom they may and may not employ or serve, and even in jurisdictions where sexual orientation is not already included in antidiscrimination laws, those laws could automatically grow to include gays and lesbians when state-sanctioned marriage (under whatever name) is applied to same-sex couples.

So the gay-marriage issue is contentious even within the libertarian movement because it practically requires us to conflate two very distinct questions:

  1. Should any adult be denied the right to "marry" any other consenting adult?
  2. Should other individuals be forced to recognize such unions?

The first question is a no-brainer, and it’s the one most people have in mind when they say they support gay marriage.

The second question is equally straightforward for a libertarian, and yet, in the current context, it conflicts with the answer most of us want to give to question #1.

Antidiscrimination laws are a violation of freedom of association.

Telling me whom I can and cannot hire or whom I must or must not serve professionally is like telling me whom I may or must befriend, date, or marry. Even the most ardent opponent of discrimination would probably scruple to force a black girl to date a white hillbilly, or a Muslim man to marry a Jewish woman. Statists believe it’s their business whom I hire or fire and whose business I must accept. But even they stop short of telling me whom I must invite into my home or into my family.

Even if we want to promote open-mindedness and persuade each other to see past the categories of religion, race, sex, and orientation, very few would be comfortable forcing personal associations on people through coercive legislation. Yet many on the Left advocate tirelessly for such coercion against businesses, without seeing it as the same issue — even when the business is just one individual trying to make a living.

I don’t want the state to discriminate against gays or any other group. But the recent developments in New Mexico will not reduce the problem. The larger and more intrusive the state becomes, the more it has to side with one group against another, feeding on conflict as it sows the seeds for ever more.

Anyone who is serious about liberating gay and lesbian couples should demand that the state get out of the marriage business altogether — and let people associate freely, not under duress, whether or not their choices strike us as enlightened.

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Price Theory a la Rupert Murdoch

(Austrian) Economics
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RupertMurdochRupert Murdoch was buying up online properties in the mid 1990s, trying to do with the newly commercial Internet what he had done with FOX television during the previous ten years or so. One of his new acquisitions was a gaming company here in Charlottesville. My friend and I became the two "web guys" for the company. It was my first full-time job in the private sector.

When I was discussing my yet-to-be-submitted laugh-track article with Paul Cantor and I mentioned that it was competition from HBO and FOX that pushed canned laughter into retreat, Professor Cantor recommended the book The Fourth Network: How FOX Broke the Rules and Reinvented Television by Daniel M. Kimmel.

He says it was his main source for this lecture:

"When Is a Network Not a Network?" (It’s a great talk!)

I said, "You know, I used to work for Rupert Murdoch."

"Don’t you realize," Cantor quipped, "at some point EVERYBODY has worked for Rupert Murdoch."

Charlottesville, perhaps like most university towns, is famously left-wing. Rupert Murdoch was infamously right-wing long before FOX News became the unofficial media arm of the Republican Party. So I sensed a definite ambivalence, sometimes defensiveness, among my co-workers about the guy in charge. One thing I remember people saying with great respect, however, was that Rupert Murdoch had built his media empire by paying not what property was worth but rather what it was worth to him.

That struck me as profound at the time.

What they meant was this: Rupert Murdoch didn’t think of a newspaper as just a newspaper, a TV station as just a TV station. He thought about them as nodes in a network he was building. This meant he outbid his competitors who saw these organizations as single units of profit and loss, whereas Murdoch saw them as part of a bigger picture: what would they contribute to the larger plan?

FourthNetworkCoverFrom the The Fourth Network:

If there was a single turning point in the history of the FOX network, a moment when the Big Three became the Big Four, it occurred in December 1993 with the simple announcement that NFL football was coming to FOX the following season.

One of the NFL’s attorneys recalled,

"What FOX offered us, the league, was the potential of having a bidder who needed the games, wanted the games, and was willing — in a sense — to overpay for them."

Why would a savvy entrepreneur overpay for anything?

As FOX exec Lucie Salhany later recalled,

"When Rupert took over, Rupert was his most phenomenal. ‘I want it, I have a vision, I’m willing to pay for it.’"

The author comments,

As he had with so many other properties, Murdoch had paid more than the market thought it was worth because he saw a greater opportunity there.

What was his vision? It turns out that 70 percent of the NFL’s viewing audience had never watched FOX.

Salhany again:

"So, in the end, it was actually a bargain to acquire the rights to the NFL to promote the rest of [FOX’s] schedule. It was cheaper. If you went out and spent the same amount of money to promote it, it wouldn’t have been as effective."

What strikes me now is not how brilliant Murdoch was as an entrepreneur (although he was and is) but how my game-company colleagues worded their praise for the man — and what it revealed about the people giving the praise:

Rupert Murdoch didn’t pay what something was worth but rather what it was worth to him.

Notice the unstated assumption that there is such a thing as value independent of an individual evaluator, almost as if "worth" is objective, but Murdoch had the genius to see it as subjective.

Only when I started to read economics almost a decade later did I come to understand that all value is subjective. Consumers pay whatever they feel will benefit them more than the next best thing they could have done with that money, whatever seems better than the opportunity forgone. The difference between consumers and entrepreneurs is twofold:

  1. Consumers pay for things as direct ends in themselves, goods that will directly satisfy their subjective needs (consumers’ goods); whereas entrepreneurs pay for things as the means toward achieving other ends (capital or producers’ goods).

  2. Consumers can make direct price comparisons between, say, a cup of Starbucks coffee and a cup of diner coffee, or between a MacBook and a Windows laptop, but ultimately the comparison isn’t much of a calculation — it remains a subjective preference for the thing purchased over the forgone option; entrepreneurs, however, need to combine the objective data of recent prices for all their factors of production and compare the result to their personal predictions for what people will pay for the final product.

The successful entrepreneur is the better predictor, the more innovative producer, or both.

When my co-workers praised Rupert Murdoch for pricing factors more presciently or using them more innovatively, they were just saying, in essence, that he was a good entrepreneur. Maybe they understood that. Maybe what they meant by "what it’s worth" was what the current market consensus is for this factor’s future earnings, discounted for time, and assuming no innovation.

I certainly didn’t understand that they were merely describing what an entrepreneur does, and admiring Murdoch for doing it so much better than everyone else.

(Cross-posted at InvisibleOrder.com.)

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Too little, but not too late: Eric Holder begins to roll back the drug war

Drug Policy, Legal System
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More than forty years after the U. S. government launched the modern drug war, its highest-ranking prosecutor has tacitly admitted that it is a legal and moral failure:

In a major shift in criminal justice policy, the Obama administration moved on Monday to ease overcrowding in federal prisons by ordering prosecutors to omit listing quantities of illegal substances in indictments for low-level drug cases, sidestepping federal laws that impose strict mandatory minimum sentences for drug-related offenses.

Attorney General Eric H. Holder Jr., in a speech at the American Bar Association’s annual meeting in San Francisco on Monday, announced the new policy as one of several steps intended to curb soaring taxpayer spending on prisons and help correct what he regards as unfairness in the justice system, according to his prepared remarks.

Saying that “too many Americans go to too many prisons for far too long and for no good law enforcement reason,” Mr. Holder justified his policy push in both moral and economic terms.

At the risk of giving Holder too much credit, it is encouraging that he is not viewing his end-run around mandatory minimums for drug offenses in purely utilitarian terms: he recognizes the injustice of current laws which have contributed to the world’s highest incarceration rate. But it’s worth noting that these reforms follow the lead of several conservative Southern states, which have turned to treatment, diversionary programs, and early release for non-violent offenders as a way to relieve prison overcrowding. Texas, far and away the nation’s leader in executions, has experienced a steady drop in its prison population after adopting sentencing reforms aimed at rehabilitation instead of imprisonment, and is actually closing prisons it no longer needs.

Whether Holder’s proposed reforms will have a similar effect on federal prison populations remains to be seen. One caveat is that this does not represent any long-term reform of the actual mandatory minimum sentencing guidelines. Holder is simply using his prosecutorial discretion to not issue indictments that could lead to lengthy prison terms. The laws are still on the books and only Congress can change or repeal them. Should Obama or his successor appoint a more enthusiastic drug warrior, even this modest progress could be reversed. It’s also unclear who will qualify as a “low-level” drug offender. Your friendly neighborhood pot dealer may get lucky with this policy change, but it’s unlikely that purveyors of harder stuff will be unrelated “to large-scale organizations, gangs, or cartels” in the feds’ view.

But it’s a start. If President Obama wants to leverage the political capital he’ll gain from these reforms, he could take even more dramatic action to reduce prison populations by using his clemency powers to reduce the sentences of minor drug offenders. But as he has demonstrated throughout his time in office, Obama’s mercy for incarcerated Americans is quite limited.

Too little, but not too late: Eric Holder begins to roll back the drug war Read Post »

Hiroshima, Nagasaki, and the U.S. Terror State

War
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Being a U.S. war criminal means never having to say sorry. Paul Tibbets, the man who flew the Enola Gay and destroyed Hiroshima, lived to the impressive age of 92 without publicly expressing guilt for what he had done. He had even reenacted his infamous mission at a 1976 Texas air show, complete with a mushroom cloud, and later said he never meant this to be offensive. In contrast, he called it a “damn big insult” when the Smithsonian planned an exhibit in 1995 showing some of the damage the bombing caused.

We might understand a man not coming to terms with his most important contribution to human history being such a destructive act. But what about the rest of the country?

It’s sickening that Americans even debate the atomic bombings, as they do every year in early August. Polls in recent years reveal overwhelming majorities of the American public accepting the acts as necessary.

Conservatives are much worse on this topic, although liberals surely don’t give it the weight it deserves. Trent Lott was taken to the woodshed for his comments in late 2002 about how Strom Thurmond would have been a better president than Truman. Lott and Thurmond both represent ugly strains in American politics, but no one dared question the assumption that Thurmond was obviously a less defensible candidate than Truman. Zora Neale Hurston, heroic author of the Harlem Renaissance, might have had a different take, as she astutely called Truman “a monster” and “the butcher of Asia.” Governmental segregation is terrible, but why is murdering hundreds of thousands of foreign civilians with as much thought as one would give to eradicating silverfish treated as simply a controversial policy decision in comparison?

Perhaps it is the appeal to necessity. We hear that the United States would have otherwise had to invade the Japanese mainland and so the bombings saved American lives. But saving U.S. soldiers wouldn’t justify killing Japanese children any more than saving Taliban soldiers would justify dropping bombs on American children. Targeting civilians to manipulate their government is the very definition of terrorism. Everyone was properly horrified by Anders Behring Breivik’s 2011 murder spree in Norway – killing innocents to alter diplomacy. Truman murdered a thousand times as many innocents on August 6, 1945, then again on August 9.

It doesn’t matter if Japan “started it,” either. Only individuals have rights, not nations. Unless you can prove that every single Japanese snuffed out at Hiroshima and Nagasaki was involved in the Pearl Harbor attack, the murderousness of the bombings is indisputable. Even the official history should doom Truman to a status of permanent condemnation. Besides being atrocious in themselves, the U.S. creation and deployment of the first nuclear weapons ushered in the seemingly endless era of global fear over nuclear war.

However, as it so happens, the conventional wisdom is an oversimplification at best. The U.S. provoked the Japanese to fire the first shot, as more and more historians have acknowledged. Although the attack on Pearl Harbor, a military base, was wrong, it was far less indefensible than the attacks on Hiroshima and Nagasaki’s civilian populations.

Hiroshima, Nagasaki, and the U.S. Terror State Read Post »

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