Saturday, September 30, 2023

Opinion The right-wing culture war just got worse. Liberals need a better response. By Greg Sargent




With the culture-warring around education and race from Republicans and the right escalating, some Democratic strategists have issued a new call for a more aggressive response. This would entail hitting Republicans for trying to stoke civil conflict, politicize the classroom and suppress discussion of hard historical truths.

That’s all fine, but it raises a deeper question. What principles can Democrats and liberals set forth that could form the basis for their own answers on these issues?

I propose looking for an answer in the tradition called “egalitarian liberalism.” Developing this might help clarify our own commitments, and the true nature of our differences with the culture warriors.

This week, Christopher Rufo, who created the conflict over “critical race theory,” tweeted: “It’s time to clean house in America: remove the attorney general, lay siege to the universities, abolish the teachers unions, and overturn the school boards.”

These folks are flush with crusading zeal: After winning in Virginia by harnessing parents’ frustrations over a host of issues, including “wokeness” invading school curriculums, they believe the purge of subversive cultural leftism is only beginning.

That messianic right-wing fervor creates an opening to capture a middle ground. But what should this middle ground look like?

We just caught another glimpse of these possibilities in Virginia, where members of a local school board drew national attention by suggesting burning books that they deemed culturally heretical. Parents have now revolted against an effort to ban such books, and the board nixed the ban.

Right-wing overreach presents opportunities for liberals to get this right, by balancing the calling out of illiberal woke excess with prosecuting the case against cynical right-wing white-grievance-mongering.

The core dispute
The right’s line has been to tar vast swaths of “wokeness” — antiracism, racial equity and critical race theory, which examines how racism gets baked into law — as a kind of slippery slope to Stalinism.

The underlying claim is that these tendencies are fundamentally illiberal. They submerge liberal individualism by classifying groups as either oppressor or oppressed. They treat slavery and its legacies as the indelibly defining fact of U.S. history, denigrating the foundational role of liberal ideals and the United States as irredeemably incapable of realizing them.

The discussions of structural racism imply a vaguely Marxist desire to smash and overturn societal structures to build a new world atop the rubble. The state must correct for racial inequities by cutting down the successful and enforcing “equality of outcomes.”

The question of how to respond involves asking how we can restate the goal of achieving liberal moral equality that acknowledges the good and the bad in all the new developments on the cultural left.

Egalitarian liberalism
A start might be a return to egalitarian liberalism’s core commitments. This tradition corrects for conventional liberalism’s focus on “formal equality of opportunity,” by insisting that comprehensive social and material resources must go to those in vastly unequal starting positions, to achieve real equality of opportunity.

This real equality of opportunity is generally described in different ways. Sometimes it’s described as giving people the resources to develop and pursue their visions of the good, or to achieve the “capabilities” to flourish, or to achieve “dignified self authorship.”

The basic idea is that the ideal of true equality of opportunity — or those alternately described ideals — is compromised by unequal starting circumstances rooted in arbitrary socioeconomic factors. Liberal moral equality requires giving people resources to overcome those circumstances, but not necessarily to equalize the outcomes that result from the free use of those resources.

That’s why some liberal egalitarians accept inequalities, provided that prior imperative is met. We’ve of course failed miserably to achieve that imperative, which is one reason liberalism is in some trouble. But can we apply this basic balance to the current debates?

The wokeness discourse
Here’s what that might look like. We state unequivocally that the legacies of slavery, white supremacy, Jim Crow and racism enshrined into laws are a key cause for many examples of vastly unequal starting circumstances.

This means the wokeness discourse is salutary when it tries to tease out the ways these legacies continue to create vast inequalities in socioeconomic circumstances and in access to the resources needed to achieve human flourishing. It’s unclear why trying to pin down the role of race in all this is itself objectionable.

But the discourse can indeed go off the rails.

A good example is this video that offended a lot of Virginia parents. It depicted Blacks as starting a footrace with built-in disadvantages. That might be crude, but it’s defensible: Socioeconomic disadvantages resulting from the legacies of racism are real.

At the same time, it also seemed to imply that the entire White race is privileged, with no mention of the fact that many Whites face similar disadvantages. Egalitarian liberals are supposed to be concerned with the barriers to human flourishing faced by all.

Similarly, school materials that teach that various cultural traits and values are definitionally extensions of race are obviously illiberal or worse. Various forms of white sensitivity training plainly stray into all kinds of illiberal excesses.

But trying to achieve a more decent society in which people treat each other as moral equals, amid evolving understandings of how racism’s legacies really function, is complicated and bound to produce such excesses. This fact shouldn’t undermine that general goal.

Indeed, as Samuel Moyn explains, such excess are an inevitable feature of social movements, which cannot know in advance what level of change society will tolerate.

Or take critical race theory. Rhetoric about smashing societal structures to root out systemic racism doesn’t seem particularly liberal. But it’s in keeping with liberal commitments to point out that anti-critical race theory laws appear deliberately drafted to put teachers on edge about communicating the full truth about white supremacy and its lingering impacts.

The basic point is that it’s consistent with liberal egalitarian ideals to reckon with the ways that group-on-group discrimination has created barriers to human flourishing for individuals. As Jacob Levy details, the much maligned “identity politics” is actually about achieving greater liberty for individuals who have been disadvantaged by group-targeted discrimination.

A complication
There’s a complication here. Opponents of wokeness often accuse it of wanting state-enforced equality of outcomes. The difficulty is that looking at outcomes actually is a way to help gauge how the legacy of group-based discrimination has created barriers to individual flourishing.

Indeed, as Felicia Wong and Kyle Strickland detail, this sort of analysis has been necessary to demonstrate that less egalitarian forms of liberalism — which stipulated that formal equality of opportunity without adequate provision of social resources could achieve racial equality in practice — have utterly failed.

This has opened up an attack from the right. Critics of the antiracist movement deride it as preoccupied with disparate group-based outcomes. But those outcomes are real. And the response to them can be in keeping with liberal egalitarian commitments, built around the goal of boosting individual self-determination by providing resources to address vastly unequal starting circumstances rooted in arbitrary factors — including, yes, race.

All this is complicated with no easy answers. But egalitarian liberals can say that this is a work in progress, and that they are operating from a far more developed vision of justice than their right-wing opponents are. And a far more liberal one.


Has Linda Yaccarino lost it? By Paris Marx


www.disconnect.blog

9 - 11 minutes
Linda Yaccarino at the Code Conference. Screenshot: YouTube/The Verge

On Wednesday afternoon, X CEO Linda Yaccarino was onstage at the Code Conference being grilled by CNBC journalist Julia Boorstin — and it wasn’t going well. As things went from bad to worse, Yaccarino tried to appeal to the audience for support. “Who wouldn’t want Elon Musk sitting at their side running product?” she asked, expecting an enthusiastic response. Instead, she was greeted with many more laughs than raised hands. After more than a decade where he could do no wrong, the mood on Musk has conclusively changed, but Yaccarino didn’t seem to have gotten the memo.

Back when Steve Jobs was at his peak, people used to talk about his “reality distortion field.” The Apple CEO had a way of winning people over and making them see the world through his eyes — whether they were his employees, journalists who were supposed to be holding him to account, or customers who anxiously awaited whatever he was going to entice them to buy next. But that meant many people ignored his abusive behavior and the externalities of Apple’s business model because they didn’t fit with the image Jobs was selling.

Once Jobs died, many in the industry anointed Musk as his successor — the next figurehead of Silicon Valley. Musk had a powerful reality distortion field of his own, but now that its power is eroding, it’s even more striking to see people who are still under its spell. Yaccarino, as Musk’s latest devotee, appears to be living in a fictional world of his creation, and it doesn’t bode well for the platform formerly known as Twitter, nor her professional future.

Yaccarino is nearing 100 days as X CEO and it seems she’d agreed to the Code interview to champion her successes over that period. She wanted to show she’s in command of the company — critics be damned — and has been addressing the serious issues customers and advertisers have been concerned about. Instead, she gave an awkward and combative performance filled with platitudes and personal anecdotes instead of tangible examples of how the company is climbing out of the hole Musk so firmly sunk it into.

There are several things Yaccarino wanted to make clear. First, that X is not Twitter. The way she sees it — or Musk has told her to see it — is that Twitter is a legacy company that’s now firmly in the grave, while X is an exciting new company “building a foundation based on free expression and freedom of speech” that can only go up. Back in February, I explained that Musk bought Twitter to try to relive his startup days and revive his idea for a platform called X. Yaccarino’s perspective on the company, paired with the “hardcore” attitude Musk expects of X employees, once again shows that Musk’s mid-life crisis has sent him scrambling for the comfort of his past.
Elon Musk wants to relive his start-up days. He’s repeating the same mistakes.

Second, she wanted to show that she’s more than NBCUniversal’s former head of global advertising. At one point, after being challenged on what she actually does at the company and whether she’s more of a Chief Operating Officer or even “CEO in name only,” she asked Boorstin, “Do you think Elon brought me to the company to be the head of advertising? … Or do you think he brought me to run the company and to deliver to our users the best possible experience?” She wanted to present herself as a “provocateur” or “heretic” who called things out and pushed legacy companies into the technological future in her previous roles. She wanted to be seen as CEO material, and as one equipped to survive the demands of the tech industry.

But between her stilted delivery, lack of command of the reality of the company, and inability to meaningfully respond to any of Boorstin’s lines of questioning, she came off as anything but the competent leader she wanted to show herself to be. Pressed on declining usage metrics and the continued problem with hateful speech on the platform, she could only say the numbers were trending in the right direction and that the company had rolled out a whole range of new trust and safety tools under her leadership, without being able to expand on what any of them were.

To hear Yaccarino describe it, you’d imagine X is constantly taking down the vile content being posted by the bigoted accounts Musk increasingly associates himself with and that X cares far more about brand safety and content moderation than the Twitter that preceded it. But as we all know, nothing could be further from the truth. Even advertisers — the people she’s supposed to understand best given her previous role — are still concerned about having their ads running against violent and extremist posts. The National Football League is just the latest to complain to X because its ads were being served up on the accounts of prominent white nationalists.

At one point, when Boorstin asked about Musk’s stated plan to charge everyone a subscription fee, Yaccarino had to ask Boorstin to repeat the question and soon after told her she simply wasn’t asking the right ones (or at least the ones Yaccarino wanted). Later, Yaccarino seemed to be distracted by her phone, then held it up and claimed she’s always checking X. Meanwhile, she rarely tweets anything that doesn’t seem written by a PR person and, as one Twitter user pointed out, doesn’t even have the X app on her home screen.

But more than anything, the interview showed her fealty to Musk. Yaccarino asked Boorstin if she’d read Musk’s new biography by Walter Isaacson, then recommended an interview Isaacson did with C-SPAN. She talked about how “in awe” she was of Musk’s availability to her and how supportive he was. When Boorstin presented her with Musk’s comments on planning to sue the Anti-Defamation League, Yaccarino responded that Musk was holding a Spaces to show he wasn’t anti-Semitic. “Everybody deserves to have the opportunity to speak their opinion, no matter who they are, including Elon,” she said. “Including you, Julia.”

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The entire display wasn’t reassuring for the future of X/Twitter. Yaccarino is due to meet the bankers who financed Musk’s takeover of Twitter next week to present them with a plan for the company to actually make some money. The previous plan she presented alongside Musk in June hasn’t panned out, and given how much the value of the company has fallen because of Musk’s decisions, they’ll be looking for reassurance that Yaccarino can deliver. Her interview at Code suggests that’s unlikely.

Last month, I wrote about why I believed Yaccarino took the job of X CEO. In short, she wanted to become a CEO and it was clear NBCUniversal was not going to let her make the jump into the top job, so she decided to pursue the position at Twitter to prove her mettle and use it as a stepping stone to becoming CEO at a larger company. It was a big risk, and if anything it increasingly looks like she made the wrong call. Because of Musk’s increasingly unhinged behavior, it’s not going to be possible to turn the company around or show she has what it takes to lead a large company.
Why did Linda Yaccarino join Twitter?

Yaccarino’s performance at Code leaves one to wonder whether she’s truly caught up in Musk’s spell or is simply playing the part she knows is required to maintain his support in the role. I think the truth is that it’s a mix of both. While she was constantly praising Musk and X/Twitter in the interview, she was also deceptive about her love of the platform and how much she uses it — she’s clearly not a power user, regardless of what she suggests.

In a recent profile of Yaccarino in the Financial Times, an unnamed source with knowledge of their working relationship said, “You will not get to control Elon, you have to roll with the punches and channel him. If he says the sky is bright pink, you have to say you’re excited the sky is pink.” That helps to explain why she’s singing his tune so thoroughly and praising whatever ridiculous statements he makes about the future of the company. She knows that if there’s any chance of success, that’s a task she has to perform, but you can also see her trying to reframe herself at the same time.

Remember that during the interview, she was constantly pushing back any time Boorstin suggested her history was as an ad executive. “I think my background is being a very senior executive,” she said one of the times Boorstin referred to her advertising experience. To survive as X CEO, she has to praise Musk and stay on his good side, but she’s also trying to use the platform she’s been given to present a different narrative of herself in preparation for her future attempt to move to another company.

The problem is that keeping Musk happy and proving she can be a good CEO are likely to require very different actions. Publicly, she looks like a sycophant who’s going along with whatever Musk says as he continues to embrace far-right conspiracies and drive the company into the ground. Being the supposed captain of a ship who doesn’t have the authority to turn it away from an iceberg that will sink it to the bottom of the ocean isn’t going to help her prove she’s worthy of taking on a bigger job.

The FT profile backs up my argument that she’s hoping to move to a different company. It even cites Disney CEO as a position she has her eye on. But if she really thinks she has any chance of getting it, she can think again. She’s tied herself to the mast of X, and she’ll be going down with the ship as Musk takes the last lifeboat for himself.

Organizational Leaders Like Chris Anderson Should Stop Indulging Their Most Hysterical Employees. By Jesse Singal


jessesingal.substack.com

16 - 20 minutes



The writer and podcaster Coleman Hughes, who is a buddy of mine, kicked off a bit of a brouhaha earlier this week. Writing in The Free Press, he explained what happened after he recorded an April TED Talk, pegged to his upcoming book, arguing in favor of a color-blind approach to race and racism.

    TED draws a progressive crowd, so I expected that my talk might upset a handful of people. And indeed, out of the corner of my eye, I saw a handful of scowling faces. But the reaction was overwhelmingly positive. The audience applauded; some people even stood up. Throughout the meals and in hallways, people approached me to say they loved it, and those who disagreed with it offered smart and thoughtful criticisms. 

    But the day after my talk, I heard from Chris Anderson, the head of TED. He told me that a group called “Black@TED”—which TED’s website describes as an “Employee Resource Group that exists to provide a safe space for TED staff who identify as Black”—was “upset” by my talk. Over email, Chris asked if I’d be willing to speak with them privately. 

    I agreed to speak with them on principle, that principle being that you should always speak with your critics because they may expose crucial blind spots in your worldview. No sooner did I agree to speak with them than Chris told me that Black@TED actually was not willing to speak to me. I never learned why. I hoped that this strange about-face was the end of the drama. But it was only the beginning.

    On the final day of the conference, TED held its yearly “town hall”—at which the audience can give feedback on the conference. The event opened with two people denouncing my talk back-to-back. The first woman called my talk “racist” as well as “dangerous and irresponsible”—comments that were met with cheers from the crowd. The second commentator, Otho Kerr, a program director at the Federal Reserve Bank of New York, claimed that I was “willing to have us slide back into the days of separate but equal.” (The talk is online, so you can judge for yourself whether those accusations bear any resemblance to reality.)

It goes without saying that these are abjectly ridiculous claims. You really can just watch the talk and see for yourself. Whether or not you agree with Hughes, he’s careful to explain exactly what he means, and to differentiate his own view from a more cartoonish understanding of color blindness in which we pretend to not even notice race. He’s saying we should aspire not to judge people or distribute rewards or punishments on the basis of their race (untethered from their socioeconomic standing), not that race doesn’t exist as an important social phenomenon or can safely be treated as nonexistent.

In the moment, Anderson responded the correct way. According to Hughes, he “took the mic and thanked [the critics] for their remarks. He also reminded the audience that “TED can’t shy away from controversy on issues that matter so much.” But, Hughes continues, “Two weeks later, Anderson emailed to tell me that there was ‘blowback’ on my talk and that ‘[s]ome internally are arguing we shouldn’t post it.’ In the email, he told me that the ‘most challenging’ blowback had come from a ‘well-known’ social scientist (who I later learned was Adam Grant).”

Grant is a superstar within psychology, and he claimed that Hughes’s argument was “directly contradicted by an extensive body of rigorous research,” linking to this meta-analysis. I’m hoping to do a more in-depth piece on this particular facet of the controversy soon, if I have time to do enough reading about it. But based on my own knowledge of the field of diversity trainings, I think Grant is badly overstating (1) the strength of the evidence that any one particular approach to framing these issues “works” better than others (though different people define “works” differently, which is part of the problem); and (2) the extent to which that meta-analysis could in any sense “directly contradict” Hughes’s argument.

For now, though, I want to focus on Chris Anderson’s role as the head of TED. Because of the way Anderson chose to handle this controversy, Hughes soon learned there were potential conditions attached to the release of his already-recorded talk. First, TED asked Hughes also to participate in a moderated debate to be released as part of the same video as his talk. This is extremely unusual — can you recall many TED Talk videos including both a talk itself and a debate in which the speaker had to defend their position against a skeptical interlocutor? — and Hughes said no. Then TED said okay, how about we do the moderated debate and release it as a separate video at the same time. Anderson claimed this would help amplify the reach of Hughes’s ideas, which struck Hughes as disingenuous. “Clearly, the release proposals being pressed upon me were conceived in order to placate angry staffers, not in order to amplify my message,” he wrote in The Free Press. 

Eventually they struck a compromise: “TED would release and promote my talk as they would any other, and I would participate in a debate that would be released as a separate video no fewer than two weeks after my talk.” But Hughes claims TED has not held up its part of the bargain by giving his video the same (considerable) PR push it does to its other videos, and that as a result his talk has languished and not gotten much attention relative to the normal size of this platform.

This was already a ridiculous story, and the available facts suggest Chris Anderson botched it every single step of the way. As anyone who has read about the polished, whirring machine that produces TED Talks knows, the organization does not leave anything to chance in terms of quality and content. TED Talk participants run a bit of a gauntlet, and that includes, obviously, TED knowing exactly what’s going to be said during the talk long before the speaker actually steps onstage. This is far from a poetry slam open mic night. 

So right off the bat, if the TED organization first has a speaker run that gauntlet, and then tells them, “Huh, it turns out your speech maybe wasn’t science-y enough,” that’s a sign that something has gone very wrong, especially in a case like this where Hughes’s argument was much more philosophical than scientific, and didn’t really rely on all that many empirical claims about the world (it was fact-checked by TED beforehand anyway, according to Hughes). To then also try to force the speaker into a debate, after they have done all the work of preparing the talk, agreeing to various edits and tweaks and format contrivances. . . it’s just an extremely unprofessional way to treat your talent, to be honest. (I’d also be remiss if I didn’t point out that TED routinely platforms trendy but half-baked ideas, some of which are later debunked, so intensive scientific fact-checking does not seem to be par for the course. Amy Cuddy seriously exaggerated the evidence for her “power posing” thesis during her mega-viral TED Talk, in fact. While it’s good that TED updated that page with information about subsequent failed replications and so on, let’s just say that there are some other TED Talks that haven’t yet been updated along those lines, but which should be.)

I can’t say for sure, but based on what we know and the approximately zillion other instances of this sort of dysfunction seizing liberal institutions in the last few years, I would bet that Chris Anderson is far more concerned about an internal revolt, about “Black@TED,” than whether Coleman Hughes’s talk was perfectly in line with a nerdy meta-analysis. And, supporting this theory, his botching continued Wednesday, in a follow-up piece in which The Free Press allowed him and Adam Grant to respond.

Anderson explained that Coleman’s talk “was received with huge enthusiasm by many in the audience. But many others heard it as a dangerous undermining of the fight for progress in race relations. So yes, there was controversy. When people on your own team feel like their identity is being attacked, it’s right to take pause.”

In recent years radical types within liberal organizations have realized that if they utter certain magic phrases, they can extract sympathy and sometimes other concessions from management regardless of the merit of their claim. It has the effect of turning off management’s brain and getting the organization’s leadership instead to react from a fearful, gut-oriented place. A common tactic is to claim that the presence of some person or idea in their workplace constitutes “harm” or makes them less “safe.” In many cases, these claims are on their face ridiculous, but I think the choice of words evolved because some phrases contain implicit threats that whatever the employees are freaking out about could cause legal problems for management. An unsafe workplace summons HR, and once HR is involved, who the hell knows where things could end up? 

In a newsroom context, for example, if you say to your managing editor “I disagree with this article we ran,” he or she will shrug, say “Sorry to hear that, but we publish a lot of stuff and you’re not going to agree with all of it,” and usher you out of their office because they have much more important stuff to attend to. If instead you suppress any sense of shame or pride you have and somehow manage to keep a straight face while telling that same managing editor, “This article we ran makes me less safe at work,” that is likely to incite a very different and less dismissive response. The managing editor might be flipping you the bird on the inside, but they’ll likely understand that due to your invocation of some magic words, this is more fraught territory and they can’t simply kick you out of their office and demand you seek some perspective.

A version of that is going on here. Anderson is paraphrasing his employees’ complaints, so we don’t know exactly how they were expressed. But if these TED staffers aren’t just being strategic in their language — if they genuinely, viscerally feel like “their identity is being attacked” by a black man advocating for a color-blind approach — that’s something they should take up with their therapists. 

I know this sounds condescending, but I mean it. I’m in therapy myself, and that’s partly because I want to learn how to develop better coping mechanisms for blunting the impact of everyday thoughts and events that I don’t always have much control over. Any decent therapist, confronted with a patient who believed that their “identity was under attack” because someone expressed a view they disagreed with, would compassionately try to get them to a place where they did not react so negatively and emotionally to an event that is going to happen again and again and again. I’m not a therapist but I do know that one of the popular current frameworks, cognitive behavioral therapy, would maybe help the patient become more comfortable sitting with a strong emotional response, acknowledging it, and then letting it go rather than allowing it to spark a downward spiral, unwanted rumination, catastrophizing, and so on.

It seems particularly important for the TED staffers upset about Coleman Hughes to cultivate such resilience, because they are part of a very small minority when it comes to public opinion on this subject. Pew survey research from earlier this year shows that there is no racial group with a majority of members supporting the practice of selective colleges using race and ethnicity to make admissions decisions:

In his Free Press article, Hughes linked to this other Pew polling from 2019 asking the question in a different and more general way — there, the numbers are significantly less favorable to race-based affirmative action in college admissions. 

Of course these are specific policy questions, and plenty of people in favor of RBAA would still disagree with the TED staffers that contrary views need to be suppressed (just as plenty of people opposed to RBAA would allow a pro-RBAA speaker on a local stage). So the staffers hold an even more radical — and surely much less popular — view than merely favoring race-conscious policies or framings.

If you work for an Ideas organization and you can’t psychologically handle your organization platforming someone expressing a popular view, and you don’t want to seek out therapy to gain more resilience, then you should honestly consider a different line of work. It’s just not a good fit, in the same way journalists who get deeply upset when their colleagues refuse to toe the activist line 100% on some fraught subject should go into PR instead. Jobs like “being a journalist at a major outlet” or “working for TED” are cushy by any sort of international or historical standard, to be sure, but for some people they’re not cushy enough, and such folks should seek out a job that will fully embrace their delicate nature: a big, comfy, plush sofa of a job. 

Anyway, back to Chris Anderson. As these employees’ boss, he should obviously not say the mean-sounding things I’m saying. He also shouldn’t suggest his employees go to therapy or find different work. (Though I would reiterate that telling someone who might need therapy to consider it is not, in fact, inherently mean, and the fact that it’s taken as such points to the ongoing stigmatization of mental health care). 

But he very easily could have effectively ended this conversation by telling his disgruntled staffers something like this: 

    We appreciate your feedback and we have heard it, but at the end of the day, as an organization sitting at the intersection of ideas and public speaking, we simply can’t outlaw or restrict speakers’ ability to express popular but contested views — even views some of us disagree with strongly. Heck, for this to be a truly robust and useful and thriving organization, we might have to sometimes platform people expressing certain unpopular views. But this particular case isn’t a close call, frankly. All the available evidence suggests Hughes’s views are popular, his talk was well-researched enough to get a green light from our fact-checking team, and while we seriously value you all as staffers and always welcome your feedback — TED is stronger when you provide that feedback — we simply can’t grant you veto power over individual talks, nor the power to alter preexisting editorial and production processes, especially after an approved talk has already been filmed. 

Instead, Anderson appears to have been held hostage by a group of employees making rather hysterical claims — again, sorry for the harsh language, but that’s what this is. And not only did he fail to compassionately but firmly push back against these hysterical claims for the health of his organization (and to prevent the negative PR event that subsequently occurred, which I’m happy to contribute to given how ridiculous this is and how sick I am of these sorts of incidents), he went out of his way, in his response, to reemphasize how seriously he was taking them:

    Many people have been genuinely hurt and offended by what they heard Hughes say. This is not what we dream of when we post our talks. I believe real progress can be made on this issue by each side getting greater clarity and insight from the other. We share more in common than we know. We all ultimately want a just world in which all can thrive.

Does Chris Anderson, the guy with the decades-long career in journalism and entrepreneurship, think there’s any merit to the claim that expressing the ideas of Martin Luther King Jr. constitutes “a dangerous” — a dangerous! — “undermining of the fight for progress in race relations”? Does Anderson think that the claim that hearing the views of Martin Luther King Jr. caused people to feel “genuinely hurt and offended” should be taken seriously and at face value, and merits a remedial action of any sort from TED?

I understand the difficult situation he’s in, and I’m not suggesting Anderson react with a fraction of the snark that is the luxury of every independent Substacker. But for him to publicly treat these views as reasonable, and to act like he’s just the neutral authority figure caught in in the middle of a genuinely tricky dispute with no clear answer — on the one hand are the people who think MLK’s views are so dangerous and harmful they shouldn’t be expressed onstage, and on the other are those who don’t, and who is to say whether or not MLK was a dangerous and harmful thinker? — just strikes me as cowardly. Sorry. That’s the only word for it.

There have been so many meltdowns within liberal organizations in recent years, often, as here, over nothing. Usually, the raw number of radical and/or hysterical staffers is small, but their bosses refuse, out of terror, to push back on their claims or to be the adults in the room. And thus embarrassing chaos blooms.

If these leaders exhibited just a little bit of backbone, fewer of these blowups would, well, blow up.


Which Uninspiring Dolt Might Save Democracy? By Jeff Maurer

Read time: 10 minutes


Which Uninspiring Dolt Might Save Democracy?

Reflections on the second GOP debate


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Watching the first Republican debate was about as painful as lighting my pubes on fire. The candidates’ need to pander to even the most rabid primary voter lowered the debate to roughly the intellectual level of a drunk guy fighting a parking meter. But it occurred to me that my writeup may have provided a public service. Because, after all: Nobody wanted to watch that shit. Nobody should have watched that shit. So, I’m thinking that I might make a habit of watching this shit, so that you, the mark reader, may spend your time on healthier endeavors such as huffing glue or poking dangerous animals with sticks.


I do think that this primary is vitally important. I continue to believe that the only way we’ll ever truly be rid of Trump short of death — either his death or the death of everyone on Earth except him — is if he loses the Republican primary. But the question remains as to whether any of the candidates who took the stage on Wednesday night can beat him. One candidate who debated in August has already fallen off the pace: Former Arkansas Governor Asa Hutchinson failed to meet the RNC’s polling requirement to participate in the debate. Hutchinson vowed to fight on, though I’d argue that if you’re failing to capture the manic energy of the Doug Burgum campaign, it might not be your year.


My goals are twofold: 1) To crack some cheap jokes at the expense of this seven-sided freak show, and 2) To analyze how each candidate is trying to position themselves. I am not trying to determine who “won”; I accepted long ago that I don’t understand the mindset of the typical Republican primary voter. I do think that my instincts about messaging and strategy are basically sound; I think I can tell what angle each candidate is trying to play. But I have no opinion as to whether their strategies will work, because GOP primary voters are simply dialed into a different frequency than I am.


So, let’s do this whether we want to or not…


DOUG BURGUM


What he appeared to be doing: Making everyone wonder just how sad-ass Asa Hutchinson’s campaign must be for him to get edged off the stage by Doug Fucking Burgum.


Doug Burgum didn’t just mistakenly assume that any issue can be related to something that happened in North Dakota, a state populated mostly by snowmen and cows. He also demonstrated near-Trumpian levels of incoherent rambling. Even on a night when Incomprehensible Word Salad seemed to be the only item on the menu, Burgum stood out as muddled. He got a question about farming (FARMING! You won’t get a fatter softball than that, Doug!), and his 94-second answer touched on the following topics:


China > energy independence > cyber war > appeasement > Iranian hostages > nuclear proliferation > Middle East policy > Ukraine > Taiwan > the economy > energy policy again > climate change > petro-dictators


Also, at one point, Burgum “demanded” to be allowed to respond to a question about energy policy, and Fox appeared to cut his mic.


What that might tell us about his candidacy: Doug Burgum may somehow, some way, against unfathomably long odds, manage to underperform expectations.


MIKE PENCE


What he appeared to be doing: Trying to shake off scurrilous charges of him being sane and reasonable that dogged him in the first debate.


Mike Pence got applause for vowing to repeal the Green New Deal — do you see what I mean about this whole exercise being a bunch of braindead, unwatchable shit? The Green New Deal, of course, died so soon after its conception that even an abortion opponent as staunch as Mike Pence would have to admit that it was never really alive. Pence also called for the death penalty for mass shooters. This got applause despite the fact that: 1) Many mass shooters die at the scene of the shooting, and 2) Exactly zero percent of mass shooters are making calm and rational calculations about the wisdom of their next move. Responding to mass shootings by giving the death penalty to shooters would be as effective as responding to invasive species by giving free rounds of mini-golf to feral hogs.


Pence also flashed that famous Mike Pence sense of humor, quipping “I served twelve years in Congress — it seemed longer!” and “Biden shouldn’t be in the picket line, he should be in the unemployment line!” These sub-Laffy Taffy-level japes were the only lines of the night that the audience deemed too dumb to elicit a response.


What that might tell us about his candidacy: Pence seems to believe that he needs to win over some of the far-right Trump die-hards who previously wanted to…you know…hang him. He is quite the model of Christian forgiveness!


CHRIS CHRISTIE


What he appeared to be doing: Trying to get Donald Trump to fight him in the parking lot.


Christie mentioned Trump in most of his answers, including his first three. At one point, Christie looked at the camera, waved a finger, and admonished Trump directly. It was very Macho Man Randy Savage.


Though most of Christie’s criticism was directed at Trump, he had easily the most off-putting line of the night when he said that Joe Biden is “sleeping with a member of a teacher’s union.” The reality, of course, is that Joe Biden is married to Jill Biden, who is a teacher. They are married — they’re not banging in a motel room by the airport (unless they’re doing that as some sort of spice-up-the-46-year-marriage role play, in which case good for them). I know that grossly mischaracterizing Biden’s actions is meat-and-drink for these candidates, but making the First Lady sound like a cheap side-piece took things to a new low.


Horrifically, Christie’s line was then called back by Mike Pence, who said: “I’ve been sleeping with a teacher for 38 years.” So, great: We were all treated to a mental image of Mike and Karen Pence bumpin’ biscuits. A new low, indeed. Thankfully, the discussion stopped there: The candidates did not go down the line and inform us who is getting their rocks off and how that person is employed. Though that conversation might have been preferable to the inane discussion they had about who has the most pointless, ineffective plan to lower gas prices.


What that might tell us about his candidacy: The raison d’etre of Christie’s candidacy seems to be to destroy Trump in a debate the way he destroyed Marco Rubio in 2016. But Trump won’t debate. So, Christie is reduced to goading Trump through the TV and taking the occasional pot-shot at Jill Biden.


TIM SCOTT


What he appeared to be doing: Targeting the exact center of the Republican electorate and growing a goatee, not necessarily in that order.


Scott was so patriotic that he made Uncle Sam himself seem like a flag-burning pinko beatnik. Virtually every answer culminated in the rhetorical equivalent of a John Philip Sousa march — I thought Scott might end the night riding a red, white, and blue unicycle and firing Toby Keith shirts into the crowd with a t-shirt cannon. Republicans love that stuff, of course, and I’m sure they also loved the red meat Republican policies that Scott served up, like tax cuts, a balanced budget, and securing the border.


But let’s talk about what’s really important: Scott appeared to be about 50 percent of the way towards growing a goatee. How are we feeling about this, America?



I think this raises serious questions about Scott’s decision-making. If you’re going to grow a beard, then do it in the 35 days in between debates. If you can’t grow a beard in 35 days, then I’m sorry: You can’t be president (applicable to male candidates only). Also, you should only opt for a goatee if you’re a major league relief pitcher, the singer in a rap metal band, or the host of Diners, Drive-Ins, and Dives.


What that might tell us about his candidacy: Scott is 57, unmarried, and has mentioned a girlfriend whom reporters have never met. This has led to hand-wringing by some Republican donors, because you probably won’t win the Republican nomination if you’re gay or if people think you’re gay. And now, with this seemingly nascent facial hair choice, Scott will once again be dogged by rumors of a possible beard.


VIVEK RAMASWAMY


What he appeared to be doing: Trying to be less of an obnoxious Harvard twerp than he was in the first debate.


Ramaswamy certainly set himself an achievable goal, because he could hardly be more of an obnoxious Harvard twerp than he was in the first debate. Trump has so scrambled everyone’s political radar that there’s a case to be made that being an insufferable asshole is an optimal political strategy. Ramaswamy seemed to go all-in on that theory in the first debate, but his numbers slumped afterwards. And that’s probably why he clearly made a concerted effort to be less obnoxious this time around (though, to be clear, he was still very obnoxious).


Mid-debate, Ramaswamy looked straight at the camera and made a plea for empathy. He said:


“I know I have to earn your trust. What do you see? You see a young man who’s in a bit of a hurry. Maybe a little ambitious. Bit of a know-it-all, it seems at times.”


I badly wish he had kept going in that direction for 20 or 30 more seconds. He could have continued:


“…a little ambitious. Bit of a know-it-all, it seems at times. Weird hair. Shit-eating, personal injury lawyer smile. Overly caffeinated, socially oblivious personality. The tact of a medieval warlord. The politics of a 15 year-old who learns about the world through chatter he hears while playing Fortnite. I’m completely aware that I remind you of the least fuckable guy at your college, and that, if elected, anti-American alliances will probably spring into existence based on nothing more than a shared hatred of my personality. That is all true. But remember: I will really, really, really annoy Democrats, because I really, really, really annoy everybody.”


What that might tell us about his candidacy: Either Ramaswamy or someone in his campaign believes that it behooves a candidate to appear to have a soul. I don’t know if that assumption is correct — again, Trump re-wrote the rules — but Ramaswamy succeeded in dialing down his insufferableness to a 9.5.


NIKKI HALEY


What she appeared to be doing: Trying to position herself as the sane alternative to Trump while still being crazy enough for the Republican Party.


There were times when I felt that Haley and I inhabit the same planet; I did not feel that way about every candidate. I would not say that I think Haley understands the country’s problems or has good ideas, but I would say that she shows some vague familiarity with the approximate nature of our problems, and that her policy proposals are occasionally somewhat near the general vicinity of being adjacent to a distant cousin of an actual solution.


But other times, Haley will go and say something like this:


“We will end all normal trade relations until China stops sending fentanyl.”


No we won’t. Ending normal trade relations with China (formerly called “most favored nation” status) would be a huge move that would be met with retaliation. There isn’t a switch on the Oval Office wall labeled “trade relations”, and you can click it on and off depending on how you feel about China that day. There are good moral and strategic reasons why we might want to change our economic posture towards China, but doing so will be a slow process and should be done as part of our overall China strategy. Also, “China” doesn’t export fentanyl, Chinese traffickers do (and so do Mexican and Indian traffickers), and given the Chinese government’s myriad crimes, “complicity in the drug trade” probably doesn’t make the top ten. Proposals like these are cheap, goofy applause lines designed to elicit a response from primary voters who don’t know that Haley is talking out of her ass.


Still: She might have been the most sane candidate on stage.


What that might tell us about her candidacy: She read Nate Cohn’s New York Times piece that makes it clear that to beat Trump, you have to win basically all moderate Republican voters and a few Trumpy ones.


RON DESANTIS


What he appeared to be doing: Running to everyone’s right.


Remember how in the 2020 Democratic primary, every candidate railed against billionaires and corporations, but Bernie did it louder and with more spittle than most, and that’s how you knew he was the candidate who was farthest left? DeSantis is doing the Republican version of that. All the candidates complain about DEI and illegal immigration, but DeSantis really jumps in with both feet. He also talks about foreign threats with simplistic tough-guy rhetoric that sounds like what you’d get if you asked Chat GPT to rewrite Liam Neeson’s speech from Taken.


DeSantis also demonstrated an affect that his campaign might want to address: When listening to a question, he adopts an intensely focused, jaw-out bearing that’s equal parts Sling Blade and Unfrozen Caveman Lawyer. This look:



What that might tell us about his candidacy: I don’t think the jaw-out look tells us anything except that whichever SNL cast member plays DeSantis won’t have to work too hard to make that impression land. But DeSantis’ rightward tack probably tells us that he will continue to try to out-Trump Trump and also the Trump Bot 3000 (Ramaswamy).


Friday, September 29, 2023

Trump's fraudulent business practices came back to bite him. By Aaron Rupar, Lisa Needham


www.publicnotice.co

14 - 18 minutes
29 Sept 
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Remember the folders of blank papers from Jan. 2017 when Trump announced his fake divestiture from the Trump Org? (Timothy A. Clary/AFP via Getty)

ALSO IN THIS EDITION: Aaron on the GOP’s impeachment hearing disaster. Scroll to the bottom to check it out.

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While we all wait for Trump’s criminal trials to start, let us enjoy the absolute hammering Trump and his sons just received in a civil lawsuit at the hands of the Honorable Arthur F. Engoron, a New York state court judge.

Engoron ruled that Trump’s continual habit of substantially inflating the value of his properties on his financial statements constituted fraud, and ordered that all of the certificates Trump had filed in New York be canceled. That means he can’t do business in New York — a significant blow for someone who still sees himself as a real estate and finance bigwheel. 

RELATED FROM PN: Trump's aggressive legal strategies keep backfiring spectacularly

Just as it’s hard to keep track of the felony charges Trump faces — he’s up to 91 now — the former president is also staring down so many civil lawsuits that you can be forgiven if your first question was, “Wait, which case is this now?” This would be the lawsuit brought by New York Attorney General Letitia James against Trump, Donald Trump Jr., Eric Trump, former Trump Organization CFO Allen Weisselberg (who already went to jail over his role in the criminal tax fraud case against the Trump Organization), current Trump Organization controller Jeffrey McConney (who testified before the grand jury earlier this year in Trump’s criminal hush money case), the Trump Organization itself, and various other Trump entities — quite the lineup. (Ivanka wasn’t part of the Trump Organization during a relevant point in the litigation, so she’s not a defendant here.) 

James sued Trump last year because of his habit of creating inflated financial statements, which banks use to help determine a party’s net worth when issuing a loan. The suit accused Trump of submitting fraudulent financial statements to lenders, inflating his net worth considerably in the process. The parties are set to go to trial next week, but Tuesday’s ruling by Engoron significantly changes what will happen there. That’s because the ruling knocked out a major issue Trump and his lawyers planned to argue.

At this stage in the litigation, both James and the Trump defendants moved for summary judgment, a procedural motion where a party has to show, as Engoron explained, “entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case.” To prevail on a summary judgment motion, a party must show that a trial on an issue is unnecessary because there are no meaningful fact disputes and the party’s position is also legally correct. 

Parties make motions for summary judgment after they have already gone through the discovery phase, where they gather documents and have parties sit for depositions, and believe, based on the info they gathered, they'll prevail on the legal issues, and there are no real disputes over material facts. Typically, they’ve also filed many pre-trial motions trying to get specific evidence included or excluded. 

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Importantly, factual disputes can’t be resolved at the summary judgment stage. That’s because the American legal system leaves evaluating the credibility of witnesses and the weight of evidence to a fact-finder — either a jury or a judge acting as a decision-maker in place of a jury in a non-jury trial.

The Trump defendants moved for summary judgment on all seven claims they face and were denied on all counts. But James moved for partial summary judgment on only one standalone fraud claim. James merely needed to show that the financial statements Trump and friends issued were false and misleading and that they used them repeatedly to transact business. The documents — in this case, financial statements — say what they say, and those statements were used repeatedly in business transactions. There’s no need to examine motive or intent or state of mind or credibility or anything else that we rely on juries for. 

It wouldn’t be a Trump case if Trump didn’t insist that the statements don’t mean what they say or if he didn’t argue that everything he did was just so big and valuable it should be valued at whatever he wants. In this case, Trump’s lawyers argue that because the financial statements have disclaimer language from Trump’s accountants, Mazars, stating they have not audited the financial statements, then Trump can’t be liable. 

Nope. The financial statements also specifically say that Trump “is responsible for the preparation and fair presentation of the financial statement.”  
NY AG James announces her lawsuit against the Trump Org in September 2022. (Michael M. Santiago/Getty)

Trump’s attorneys also claim that the financial statements can’t be misleading because there’s no such thing as an objective value, and that it was fine to juice the numbers because of “internally developed intangibles, such as the brand premium used in the valuation of President Trump’s golf clubs, in personal financial statements.” But Engoron was having none of this, noting that line of reasoning is basically saying that value is subjective and “that because internal brand valuations are in the eye of the beholder (here, Donald Trump), they cannot be overvalued.” Rather, he pointed out, market value, an objectively measurable thing, is what’s considered the most reliable method of valuation and that while beauty may be in the eye of Trump as the beholder, the actual value is “in the eye of the marketplace.”

The most absurd argument offered by Trump was that the difference between the inflated financial statements versus actual appraisals was immaterial — a mere rounding error. James provided evidence that between 2014 and 2021, the financial statements overvalued assets somewhere between $812 million and $2 billion. Also nope. Engoron again: “Even in the world of high finance, this Court cannot endorse a proposition that finds a misstatement of at least $812 million to be ‘immaterial.’” 

Just as the judge didn't take kindly to an assertion that inflating financial statements by hundreds of millions of dollars was just savvy business, he was equally unfond of Trump jacking up the size of his Trump Tower Triplex to get a more extensive valuation. The Triplex is 10,996 square feet, but Trump submitted financial statements to lenders saying it was 30,000 square feet. The Trump defendants again tried to treat this like a rounding error, saying that “the calculation of square footage is a subjective process that could lead to differing results.” Sure, said the court, if you've got a round or weird shape. “Good-faith measurements could vary by as much as 10-20 percent, not 200 percent.” 

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Outrageously, Trump had said that Mar-a-Lago was worth $612 million, which would make it one of the most expensive properties in America, ever. The Palm Beach County appraised the market value at $18 million to $27.6 million from 2014 to 2021. Thus, the court held, Trump inflated the value of Mar-a-Lago by at least 2,300 percent. After Engoron ruling came down, Eric Trump went on a social media blitz to complain that Mar-a-Lago is actually worth a billion dollars and for the judge to not agree to that was “a travesty of justice.”

The judge also stripped the Trump Organization of certificates to transact business in the state of New York, which could have substantial repercussions given how much business Trump does there, including operating Trump Tower as an apartment/condo space. Trump businesses registered in New York, including 40 Wall Street In New York City and the Westchester County golf club, could be put under the control of an independent receiver and then dissolved.

As bad as this is for Trump — being branded a fraud and facing actions that undercut his sense of self as a genius real state investor — it will get worse. The Trump defendants still face trial, as six other claims remain. Engoron will preside over it starting next Monday.

At stake is the disgorgement of profits. James has asked for a penalty of $250 million, but the trial will determine the amount. Disgorgement requires a party that profited from fraud to give up those profits. Trump’s attorneys tried their damndest to argue that disgorgement wasn’t a remedy in this type of lawsuit, only to have the judge list off multiple New York cases saying that disgorgement is available as a remedy in claims like these. Since it’s a non-jury trial, Engoron will review issues of facts, decide on the credibility of witnesses and exhibits, and decide how much money Trump will have to give away. 

RELATED FROM PN: The 5 lawyers you meet in Trumpland

This summary judgment decision isn’t just hard on Trump; it’s utterly brutal against his lawyers as well, all five of whom have now been sanctioned to the tune of $7,500 each. A significant part of the judge’s decision was dedicated to severely criticizing the lawyers’ actions in the case. He told them he’d already ruled on several of the arguments they deployed again at this stage, such as their claims that disgorgement didn’t apply here. His frustration at having to do so again here was evident, noting they were acting “in flagrant disregard” of the court’s prior order by repeating “untenable” arguments they’d already made. He told them that, from reading their current motion papers, he could never have discerned that he had already twice ruled against these arguments as frivolous, or without merit, and had twice been affirmed at the appellate level. 

Engoron had previously told Trump’s attorneys that “sophisticated counsel should know better” than to keep making the same arguments. By this stage, he’d said that the conduct in reiterating the arguments was “egregious” and “indefensible.” 

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Now, while his lawyers are no doubt preparing for trial, Trump is making the rounds, saying everything in the ruling in “ridiculous and untrue,” He went on Truth Social to complain that “My Civil rights have been violated, and some Appellate Court, whether federal or state, must reverse this horrible, un-American decision.” He also wrote that his company had “done a magnificent job for New York State” and “done business perfectly.” “Perfectly,” like the phone call to Ukraine that led to his first impeachment? Or “perfectly” like his phone call to Georgia asking them to “find” enough ballots to overturn his loss there to Biden?

While the trial itself will likely be an entertaining ride, given at least some of the defendants will have to take the stand, this ruling is also a delight, dismantling as it does the image of Trump as a savvy businessman who singlehandedly built a real estate empire in New York. He should probably just slink back to Florida when the trial is all done. Then, he can prepare for the multiple trials still to come. 
AOC during Thursday’s hearing. (Tom Williams/CQ-Roll Call via Getty)

I spent my whole day Thursday watching the first House GOP impeachment hearing, which was a clown show for reasons we’ve covered extensively in the newsletter. You can check out my comprehensive thread starting here over on the hellsite. But I do want to highlight here a moment that I think really speaks to the baselessness of the pro-impeachment case.

At one point during the hearing, Byron Donalds displayed a Hunter Biden text message that he presented as evidence that Joe Biden was in fact involved in his business dealings — something the president has steadfastly denied. (Never mind that the text message is from 2018, a time when Joe wasn’t in office or a candidate for one.)

“Oh, this is a fun one,” Donalds began, before reading part of the text and suggesting it left him “concerned” that Joe “had knowledge” of Hunter’s business dealings.

MORE FROM PN: My expectations for the debate were low, but holy crap

But as AOC pointed out a bit later during her questioning time, Donalds’s presentation of the text was a lie by omission. Read in context, the exchange shows that Hunter and Jim Biden were actually talking about getting Joe’s help to pay Hunter’s alimony. They don’t appear to be talking about business at all.

Matt Gertz of Media Matters tweeted side-by-side screengrabs of the text message as presented by Donalds and a document with the full exchange in context. The comparison shows clearly how Donalds was misrepresenting things.

As AOC said during the hearing, “that screenshot of what appeared to be a text message was a fabricated image.”

“I don’t know where it came from. I don’t know if it was the staff of the committee. But it was not the actual direct screenshot from that phone,” she added. “Importantly, what was brought out from that fabricated image excluded critical context that changed the underlying meaning.”

AOC later went on MSNBC and added: “It really cannot be understated how deceptive that was — to take critical messages out of context, to tear apart the context that they're in, and then to photoshop a text message bubble ... and this is supposed to be the Republican case for impeachment?"

Other moments from the hearing were more viral, but Donalds getting called out for deception really speaks to the desperate, shameless efforts Republicans are making to smear Biden — and in the process minimize the Trump’s brazen corruption.

But to wrap up the week on a lighter note, I thought Jared Moskowitz absolutely stole the stole the show during the hearing with a takedown of the Republican impeachment push that was both insightful and hilarious. I found myself laughing out loud several times as he skewered Republicans for more than five minutes, the entirety of which you can watch below.

As shameful as the GOP’s impeachment sham is, Democrats did a wonderful job making sure it backfired on them. Even Republicans acknowledged after it was over that the hearing was “an unmitigated disaster” and “rock bottom.”

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Have a great weekend.

Thursday, September 28, 2023

My expectations for the GOP debate were low, but holy crap. By Aaron Rupar


www.publicnotice.co

6 - 8 minutes
(Justin Sullivan/Getty Images)

28 Sept 2023

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The first thing to understand about the Republican primary is that it’s not really a contest. It’s over. It’s been over for months now. It was never even really in doubt. And Donald Trump is the winner.

Trump is so far ahead of everyone else that he has no reason to participate in the primary debates, the second of which took place Wednesday evening at the Ronald Reagan Presidential Library in Simi Valley. And while Trump counterprogrammed with a rally in Michigan — I’ll say more about that later — the candidates who did show up in California for the Fox Business production spent the evening demonstrating why they’re an embarrassing group of also-rans.

Having watched the first debate and being familiar with the candidates, I certainly didn’t have high hopes for Wednesday evening. But somehow it was even worse than I anticipated. Not only were there no breakout moments or performances that will significantly boost anyone in the polls, but much of it was just flat out unwatchable.

There was Chris Christie taking an extremely cringy shot at President Biden for “sleeping with a member of the teacher’s union” — his wife Jill, a teacher, who he’s been married to for 46 years. There was Mike Pence’s equally uncomfortable rebuttal about how “I’ve been sleeping with a teacher for 38 years.” Vivek Ramaswamy toned down his abrasiveness from the first debate, but he’s still thoroughly unlikeable, and Nikki Haley at one point told him that “honestly every time I hear you, I feel a little bit dumber for what you say.” (Ramaswamy had maybe the funniest slip of the night when he said “thank you for speaking while I’m interrupting.”)

Haley, for her part, took incoming from fellow South Carolinian Tim Scott, leading to an argument that ended with all of the candidates yelling over one another as the moderators gave up.

The debate ended on a fittingly brutal note when moderator Dana Perino asked candidates to literally write down who they would like to “vote off the island” — which seemed like a fun idea until the candidates tried to preserve whatever shreds of dignity they might still have by refusing to play along.

To the extent that policy was discussed, it consisted of things like Pence calling for the expedited death penalty for mass shooters (what could go wrong?). You had Doug Burgum, who got on everyone’s nerves by repeatedly trying to butt in, proclaiming that "it's not climate change that we need to be worried about, it's Biden climate policies that are actually the existential threat to America's future.” Ramaswamy insisted that the solution to the national debt is to “put people back to work” — never mind that unemployment is at historic lows and has been throughout much of Biden’s term. And Ron DeSantis responded to a question about Florida’s new abortion restrictions by awkwardly taking a shot at Trump and doubling down on the types of unpopular bans that have been costing Republicans elections.

Perhaps the lowlight of the night, however, was Tim Scott claiming with a straight face that Lyndon Johnson’s Great Society was harder to survive for Black families than slavery.

This stuff was notable in that it illustrates the utterly depraved state of the GOP, but it doesn’t matter in the context of the primary. Everyone on the debate stage was just going through the motions, and they knew it. At this point in the campaign, we’ve seen what they’re working with, and it isn’t nearly enough to dislodge Trump or even force him to engage with them.

The crop of GOP candidates is so deeply unimpressive that it’s hard to imagine any of them parlaying their campaigns into significant roles in a possible second Trump administration. Trump gave voice to this during his speech Wednesday evening in Michigan.

“They’re all job candidates … they’ll do anything. Secretary of something,” he said. “Does anybody see any VP in the group? I don’t think so.”

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Coming as it did a day after Biden’s visit to the UAW picket line, Trump wanted people to believe he was addressing unionized autoworkers in Michigan (he was actually speaking at a non-union shop at the invitation of management), and fans of his in the audience waved around “union members for Trump” signs. But I suspected it wasn’t on the level, and it took reporters on site about 10 minutes to figure out that not only were some of the people holding those signs not union members, but others holding “auto workers for Trump” signs weren’t autoworkers. It’d be a scandal if any other politician did it, but for Trump it’s just another day on the campaign trail.

In the end, however, there was no need for Trump to try to counterprogram the debate. While his campaign is obviously a nightmare in its own right, Wednesday night demonstrated he has absolutely nothing to fear from the likes of Christie and DeSantis. Both of them tried to take shots at Trump for not debating — Christie at one point looked into the camera and directly addressed Trump with a pro wrestling-style promo — but their attacks didn’t elicit much of a response from the audience in Simi Valley, and it’s hard to imagine they moved many hearts and minds at home either.

Before the debate was even halfway through, CBS News reporter Robert Costa said that GOP sources he was in touch with were expressing “angst” about what they were seeing.

Even Fox News couldn’t really put lipstick on this pig.

“I thought it was a little flat,” Fox News contributor Kellyanne Conway said in the immediate aftermath of a debate produced by the network that employs her — and in this case she wasn’t offering alternative facts.

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The policy implications of self-driving cars. By Matthew Yglesias

28 Sept 

www.slowboring.com

11 - 14 minutes

Ten years ago, we saw a crescendo of hype around self-driving cars that then went into abeyance when the problem turned out to be harder to solve than the biggest optimists had hoped. Elon Musk certainly didn’t help. He salted the earth a bit by being incredibly famous and extremely vocal, continually making inaccurate promises and engaging in deceptive marketing around “full self-driving” for Teslas. But along the way, genuine self-driving cars came to be and are now on the streets of San Francisco, Austin, and the suburbs of Phoenix and Los Angeles.

My understanding is that right now, this is mostly a curiosity. Self-driving taxis aren’t really cheaper than normal ones, and some of the markets where they’re available have very low cab demand anyway.

But the technology is not hypothetical. It clearly works, and while there are some technical challenges to rolling it out further, the concept has been proven. It will take some time to fine-tune and get regulatory approval in various places, and at the moment, it seems that when people think about self-driving car policy, it’s primarily these regulatory issues that they’re thinking about.

But that’s thinking much too small.

The one thing we can be pretty sure of with any kind of “computer stuff” is that the cost will come down over time, so whatever the current economics of self-driving cars, they’re only going to get less expensive as long as the technology works. And the most interesting questions to ask aren’t about the safety of self-driving software (obviously there should be safety standards and liability rules), they’re about how we conceive of a world that’s full of really cheap taxis.

I think a lot of people imagine this world of self-driving cars working exactly like today’s transportation system, except that instead of having your hands on the wheel (which some people would presumably enjoy, at least some of the time), you could engage the autopilot and your car would take you to your destination.

This would have various benefits — you could spend extra time doom scrolling on Twitter or reading The Brothers Karamazov, and hopefully the self-driving cars would be safer on net than the human-driven ones.

These would be important benefits, but there’s a bigger picture to consider. Imagine traveling back in time to the 1880s with all the knowledge needed to build modern cars, but you also had to bring modern NIMBYism and hostility to altering the built environment along with you. You could obviously make a big splash in the world and change a lot of people’s lives by building cars and trucks and driving them slowly across uneven terrain and bad roads. In parts of the world where there’s no asphalt and no freeways, people still use mechanized transportation. But the fact is that a world of modern cars and preindustrial roads sucks. You can’t go very fast, everything is extremely uncomfortable. Lots of popular vehicle types don’t really work. And the benefits of modern vehicles to that kind of world would be relatively small compared to the benefits in a world with modern vehicles and modern roads.

Self-driving cars present a similar opportunity.

The big benefit isn’t that you wouldn’t need to drive your own car, it’s that you wouldn’t need to own your own car. Right now, a huge amount of financial value and physical space is taken up by cars that are mostly not in use. That’s because cars are extremely useful, and most people who can afford one want to have a car available at their fingertips. But if the cars don’t need drivers, they can be in more or less constant motion, which means we’d need a vehicle fleet large enough to meet peak demand but not the incredible redundancy of today’s fleet.

The cars also don’t need to be nearly as big on average. If I look out at 14th Street at rush hour it’s full of cars, but the cars are mostly empty. People want to own a car that they can carry passengers and bags for a family trip, but what they’re actually doing is driving alone to work. If you subscribe to a driverless transportation service, then you can ride to work alone in a solo pod, and then take a big family vehicle when you need a family vehicle. Urbanist Twitter likes to mock guys who drive giant trucks to pick up two bags of groceries. But my father-in-law does, in fact, need his giant truck for work. It’s just still also true that this means when he goes to pick up two bags of groceries, he’s driving a giant truck.

Given today’s technology, a fleet consisting of tons of large vehicles that are mostly unused (and mostly empty even when in use) is genuinely the optimal solution. Driverless vehicles should let us move to a much better equilibrium, but that requires not only driverless tech but complementary policy change.

Almost every jurisdiction in America requires new construction to include prescribed amounts of off-street parking.

This is not a good idea under any circumstances. But in most places, it’s not a huge deal in practice. The market demand for parking spaces is genuinely high, and in most of the country the price of land is pretty low so it’s cheap to provide the parking.

Nonetheless, I think cities and states should reconsider this — even in the most car-oriented places on earth there’s no good reason for a regulatory mandate to provide parking — but the rise of driverless technology greatly raises the stakes here. Right now, for example, Kate and I own a car. We could save some money by giving it up, but far and away the biggest cost of car ownership that we incur is the opportunity cost of sheltering our car in our garage. The Logan Circle neighborhood is very expensive, and if we had a little ADU out back to rent out, we could earn a lot of money. But that’s illegal. Even just converting it into a heated space that would be part of our house is illegal. D.C. law requires us and all of our neighbors to maintain off-street parking.

As it happens, we live in a walkable neighborhood with pretty good mass transit, so it’s a place where I think parking reform would lead to a non-trivial fraction of people giving up their cars.

Right now, though, there are tons of people in the United States who currently live in places where land is expensive but the transit options are bad — think the upscale suburbs of every coastal city — and the rise of cheap self-driving taxis could be a game-changer for those kinds of places. The problem is that it’s illegal to make the changes to the built environment that would complement the shift in transportation technology. Even setting residential areas aside for a moment, in pricey areas the natural thing to do as cars become self-driving is to start turning parking lots in commercial districts into cheap apartments. Under current law, though, that’s illegal.

Because places like this are so much more numerous than places like Logan Circle, the economic benefits of parking reform soar in a world of self-driving cars. Or to put it another way, the economic benefits of self-driving cars soar if we adopt parking reform — and adopt it everywhere, not just in America’s relatively rare transit-rich communities.

Speaking of which, the United States has a handful of cities in which mass transit is a genuine pillar of the metro area’s transportation system.

New York is the key case here — it just would not be physically possible for the people who enter Manhattan daily via subway and commuter rail to do so in private cars. It’s a basic geometry problem that exists in attenuated form in a few other American cities. But there’s a much longer list of American cities that have mass transit systems (normally, though not always, just buses) as essentially a social service for the poor and the disabled. Some of these systems operate in cities that are, objectively, pretty big — San Antonio and Vienna have about the same metro area populations — but don’t have an urban built form. But plenty of them are in cities like Bangor, Maine that are downright small.

These systems all tend to be in a dead zone: ridership is extremely low, which means that the cost per rider is very high, which means that improving frequency or expanding service is prohibitively expensive, which means that the quality of service is terrible, which means ridership stays extremely low.

Driverless technology means that low-demand cities could simply provide a cheap (or even free) “public option”-style taxi service that might be non-luxurious or have long wait times compared to private robotaxis while still being dramatically more convenient and comfortable than today’s low-quality bus networks.

Meanwhile, cities that do have intrinsic demand for mass transit based on urban geometry will be able to run driverless buses with much lower operating costs than today’s transit. That will allow for higher frequency (and perhaps expanded service) and also potentially for the use of smaller vehicles.

I’d expect mass transit as we currently know it to be much rarer in a world of driverless cars — the right choice for most cities will be to completely dismantle their existing bad bus operations.

The prior wave of driverless hype saw a lot of concern about the impact of this technology on jobs.

Former SEIU president Andy Stern made the looming automation of truck driver jobs a centerpiece of his argument for a universal basic income program. Today, with the economy enjoying full employment but non-enjoying above-target inflation and high interest rates, I hope it’s easier to see that productivity improving technology is good.

After all, there’s currently a national shortage of school bus drivers. And also a shortage of transit bus drivers.

In a sense, these are obviously not true “shortages,” and if you raise pay enough the vacancies will be filled. But if schools need to massively raise pay to hire bus drivers, that means less money for teacher salaries or for installing air conditioners or improving playgrounds or a dozen other things it would be nice to see schools do. By the same token, we don’t have enough truck drivers largely because this job has a lot of undesirable characteristics. At the same time, compensation for truck drivers flows into inflation and interest rates. And there are tons and tons of vacancies elsewhere in the private sector — albeit a number that is declining due to the Federal Reserve’s deliberate efforts to slow labor demand via higher interest rates.

If we suddenly got cheaper trucking, that would be good (lower inflation). And if a bunch of newly disemployed drivers landed on the labor market, that would also be good because it would allow us to lower interest rates.

Now obviously “you can go get some other job” is not very comforting to a person who loses a job due to layoffs. My mother was a highly skilled analog-era graphic designer who suffered a big hit to the value of her skills thanks to desktop publishing software. The fact that in a technologically dynamic society, a certain number of people are bound to suffer economically from events that are entirely outside their control strikes me as a very good reason to support a generous social safety net. But from the standpoint of society as a whole, it’s good that desktop publishing happened. It’s good that we got digital photography, even if it led to fewer jobs in photo development shops and had a negative impact on employees of Kodak.

The point isn’t to be callous about specific families or even whole communities who suffer from these blows, but that we shouldn’t see technology as a cause of mass unemployment. Mass unemployment was happening 10 years ago because we had bad monetary policy. Today we are suffering because we cannot produce all the goods and services that we would like to have, and if technology lets us get by with fewer workers in some areas, they can be employed in other areas.

The goal is to manage technology-induced transitions in a humane, sensible way — with a welfare state — while welcoming the transitions themselves as our best possible opportunity for sustained economic growth.

The running race. By David Cormack

The running race | Patreon

Read time: 3 minutes

17 Oct 2022

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Imagine 200 years ago some folks just showed up and told your ancestors they were taking part in a running race. They weren't super keen but these folks would not take no for an answer. So your ancestor thought fuck it, ok then. How bad could it be. 


Everyone lined up at the starting line. And bang! Everyone was off.


Out of nowhere, at lap 2 they changed the rules. Everyone was allowed to keep running as before except for your ancestor; a sandbag was tied to their ankle. Your ancestor struggled on with the race but very quickly started falling behind the others.


And then to make it worse, every time your ancestor got lapped they had another sandbag tied to them. Each lap getting further and further behind as the leaders kept tying more sand.


Fast forward to today and that race has been ongoing, with each new generation picking up from where the last left off. You're about to join the race. Your family is way way way behind.


So you say "hey, this seems a bit shit. Could I lose the sandbags and skip a few laps so I'm closer to everyone else?"


The race marshall says it has been a bit unfair, so you are allowed to skip a few laps. And then everyone else in the race starts complaining that you're getting an unfair advantage over them. And they're sick of your family bludging advantages like this. It was fucking years ago! Get over it mate! 


One of the race leaders even says "You being so far back isn't my fault. That was the decisions made by my ancestors. Look! We've stopped tying extra bags of sand to your family's ankles. You're fine."


You try to run the race and take the sandbags off at the same time. But then another person in the race says they're going to try and become race marshall, and if they succeed you'll have to keep some sandbags on your ankles and you won't be able to skip any more laps to bring you closer to everyone else. 


That's tough shit. It's got to be equal rules for everyone. One race for all they say.


That person starts rarking up everyone else in the race, saying "look at the advantages they're getting! They can't be allowed to skip laps. Nobody else got to skip laps! How on earth would it be fair for them to skip laps?" and you notice that more people are nodding along with them, and it seems like despite the fact it's really obvious to you and a handful of others how unfair the whole system has been for so long, that the majority of people now think you'd be getting an advantage to skip a few laps just to bring you more even with everyone else. And everyone seems to want you to keep the sandbags on because they've gotten used to you and your family having sandbags tied to them.


"Look", they say, "we'll make this fair, and we'll put it to a vote. Surely you can't deny democracy? That's the fairest system of all". And you're just not sure about that because it seems that the majority of people are going to want to keep you held back and they'll be voting on something that doesn't actually impact them but it really fucks you. You don't know what to do.


The best thing anyone could do is not vote ACT.


Wednesday, September 27, 2023

The Truth about College Costs. By Dan Currell

Read time: 18 minutes

The Truth about College Costs

Dan Currell


Dan Currell was a senior advisor at the U.S. Department of Education and a fellow in the office of former senator Ben Sasse. He is CEO of the Digital Commerce Alliance and a fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School.


Summer 2023

A search for "college tuition" in the New York Times returns about 24,000 articles. One noteworthy piece in the archives is a 1927 letter to the editor noting that for annual tuition, "of fifteen Eastern colleges, all but four are now charging $400." According to the author, a Mr. William Allen, nationwide data showed that another 28 colleges charged over $250, while 288 charged under $200. But Mr. Allen did not write to complain that college tuition was too high; on the contrary, he wrote to encourage every college to charge the highest price, $400, to secure better pay for their faculty and staff.


Needless to say, America's colleges did not follow his advice. To take one example, Luther College in Iowa cost $125 in 1927 — less than a third of Yale's prevailing fee. It would take until 1951 for Luther to cost $400, by which time the Ivies were charging $800.


This persistent difference in cost between providers of a similar product is a common market structure: The price of a few leaders is two to three times more than the typical offering, some others trail close behind, and the vast majority of providers make up the broad middle. In 1927, Harvard cost $300 (raised to $400 in 1928), Amherst cost a little less, and the typical private college was under $200. Mr. Allen knew that the typical college struggled to make ends meet, so he asked a simple question: Why shouldn't everyone charge $400?


The answer was, and remains, the boring, predictable reality of markets. Colleges then and now can only charge what the market will bear, and the market for college tuition looks a lot like the one for cars, lawyers, office space, or cheese. Only so many people are willing to pay for Gruyère; for most, Wisconsin cheddar will do.


Tuition is much higher now than it was in 1927, as everyone knows, but the basic market structure described above remains the same. At the top, about 100 elite institutions can charge a premium for a four-year degree. As the Varsity Blues scandal and related revelations made clear, the notional market-clearing price for an elite degree is far more than even those elite institutions' own sticker prices. Yet elite colleges and universities educate a small and highly unrepresentative fraction of American college students: The top 100 private schools enroll around 500,000 students, while the remaining 2,600 four-year schools enroll about 10.5 million students. For the latter group of schools, market tuition, excluding room and board, is about $15,000 a year. If we add $10,000 for room and board (more in cities, a little less in small towns), we can see that 96% of American college students pay $25,000 annually for tuition and housing. Right now, with some variation here and there, that is what a four-year college degree costs.


This simple fact is nearly invisible, however, because college prices are distorted by a system that deliberately lists tuition levels much higher than what students pay. The practice has caused needless anxiety for millions of families, forced college leaders onto an annual high-sticker-price/high-discount merry-go-round, and distorted our national conversation about student debt. To end the charade, officials don't have to pass any new laws; they simply need to enforce long-standing consumer-protection rules.


HOW WE GOT HERE


In the late 1980s and early 1990s, colleges discovered that the appearance of high tuition was good for marketing. Positioning one's school as "almost as expensive as Harvard" created a sense of exclusivity and, somewhat contrary to economic theory, resulted in increased applications. It also led to free media coverage, as newspapers found stories about the high cost of college were evergreen.


Of course, almost nobody was willing to pay Harvard-level tuition for a middling college education. Colleges resolved this problem by canceling out their high sticker prices with "institutional scholarships" that had no money behind them; they were simply the discounts a school had to offer to convince students to enroll. The game was easy: It required no fundraising to endow scholarships, just the appearance of a high price paired with the appearance of a scholarship. This "high-sticker, high-discount" practice worked magic for enrolling students — and it was free. It soon spread to institutions nationwide.


In its early years, high-sticker, high-discount pricing was regarded as a harmless white lie. Schools advertised slightly overstated tuition, which they offset using phantom scholarships that were really just discounts. But things got out of hand quickly.


Throughout the 1980s, colleges kept publishing ever-higher tuition numbers. Meanwhile, the tuition students actually paid rose only slightly. A 1992 New York Times article offers a snapshot of college pricing in the early years of the high-sticker-price/high-discount era:


College tuition bills have been skyrocketing for the past decade. According to the National Center for Education Statistics, the average tuition fee for a private four-year college has exploded to $11,379 last year from $3,811 in 1980; a prestige school like Harvard will charge a whopping $15,870 in tuition for 1992-93....Based on current projections, this year's tuition of $14,403 for a private school will spiral to about $34,000 by the year 2005.


Controlling for inflation, college tuition had risen about 600% from 1927 (when Mr. Allen's letter appeared in the Times) to 1992. And, as the article above predicted, published tuition would spiral upward in the decade after 1992. But as few people realized then or now, the apparent rise in tuition after the mid-1990s would be almost entirely illusory.


By 1999, the fundamental dishonesty of college pricing had become clear to anyone willing to take a closer look. That year, American private colleges purported to award scholarships worth more than all the tuition they collected — which is to say, their average discount had exceeded 50%. It would take an endowment worth about 15 times a school's annual budget to fund scholarships at that level. Only a handful of schools have such bulge-bracket endowments; a typical healthy college's endowment is three or four times its annual budget, and many colleges would be happy to have an endowment equal to a year's operating costs. These scholarships, therefore, could not have been real.


EMBRACING THE LIE


Colleges offer phantom scholarships for the same reason car dealerships offer discounts: to close the sale. But even as this practice has become too obvious not to notice, families still orient to college prices as though they are real. Why is this?


Professional marketers have long known that people are attracted to expensive things — and we have a special fascination with things we cannot afford. Teenage boys hang posters of Lamborghinis, not Toyotas, in their bedrooms. Unattainable products also generate free media: Journalists and bloggers write about the new Rolex, not the new Timex.


At the same time, we are highly responsive to the belief that we are getting a deal. In consumer markets, this practice of creating the appearance of a high price paired with a large discount drives purchase behavior so reliably that it works even when everyone knows what's going on. Retailers, to take one example, routinely pre-print price tags with a struck-through "original" price that buyers never pay and a "marked down" price that was always the real price. Everyone knows what's happening, but the practice continues because we respond to it anyway.


Of course, in the college context, this reality is invisible to most families. Mainstream newspapers never report on it, in part because it's difficult to see and in part because it doesn't generate sensationalist headlines. The sincerity with which tuition and housing costs are quoted and repeated by the colleges themselves is also a contributing factor. But that sincerity is heavily buttressed by the government-run system that discloses college fees and manages federal financial aid.


Colleges are required to disclose their official cost of attendance to the U.S. Department of Education; however, these figures are never validated. Colleges can effectively fill in any numbers they want — and they routinely do so. On the other side of this regulated transaction, families fill out the dreaded FAFSA, on which they are not expected to write down any numbers they want, and the numbers they write will be validated. Colleges use the resulting FAFSA data to calculate information like the expected family contribution. For families, the whole system feels as serious as a conversation with the IRS.


But unlike when (most) people deal with the IRS, many of the numbers colleges report are fake. Today, most private colleges discount their published tuition by 60% or more for virtually every student. Colleges, just like car dealerships, are subject to market forces. Tesla would surely love to price its cars according to family income, but that's not how markets work.


In real-dollar terms, today's private-college students pay a little less than they did in 2005; that year's paid tuition was only about 10% more than it had been 10 years earlier. A data series from the College Board in constant 2020 dollars makes this plain: It shows published tuition in the first column — that is, what colleges purported to charge in the years from 1999 to 2020. In that respect, tuition rose persistently, suggesting that students paid $13,000 more in 2020 than in 1999. But the right-hand column shows what students actually paid. That figure peaked in 2004 and then fell soon afterward.


 


The fact that students are paying less for college than they did 15 years ago is deeply contrary to conventional wisdom. Yet college financial statements, Common Data Set disclosures, IRS Form 990s, and the annual tuition studies of higher-education industry groups verify it.


Of course, even mentioning to the parents of a school-aged child that college hasn't gotten appreciably more expensive since the late 1990s won't just provoke disagreement; it could start a fight. College is ruinously expensive. Everyone knows it. We know it even though we send our kids to college and are not ruined. We know it even though there are obviously not enough truly rich families to pay $50,000 per year for the 11 million students who attend our 2,600 four-year higher-education institutions. We know it even though professors are poorly paid, colleges are financially strapped, and every year a few more schools close their doors. We know that colleges cost over $50,000 a year — but they are somehow also running out of money.


How can this be?


Simply put, higher education is an overwhelmingly fixed-cost business, and few colleges fill their incoming classes. As a result, market-clearing tuition for the marginal qualified student the day classes commence is, at least in theory, $1. This means that the average price students pay, regardless of whether they are rich or poor, is unlikely to climb any time soon.


Of course, elite schools like Harvard are different. Affluent families often pay the full published tuition at these schools. Elite schools simply have more market power, so the market can bear their higher costs. But nearly every college still claims to charge a comprehensive fee almost as high as Harvard's, and this practice has made the specter of paying for college one of our culture's most terrifying beasts. The beast, however, is a sheep in wolf's clothing.


I have focused on private-college pricing here because the data, while still rather convoluted, are far easier to analyze than those of a public university. But as noted above, markets don't distinguish between public and private schools, and public universities play all the same pricing and scholarship games for all the same reasons. State law generally controls in-state student tuition, but when dealing with out-of-state students, public universities play the high-sticker-price/high-discount game all the same.


For schools of every kind, the deception grows more implausible every year — and its language is thinning, too. Colleges now regularly use the term "discount" when whispering offstage, then switch back to "scholarships" or, more piously, "institutional aid," when performing for families and students. College leaders have come to hate this deception, but as long as high-school seniors respond to it, the show must go on. In this sense, our national delusions about the cost of college are everyone's fault.


CREATIVE ACCOUNTING


Faculty and staff at most colleges find the national conversation about skyrocketing tuition disorienting, since they know their employers are struggling to make ends meet. Here again, fake tuition numbers have escaped the finance office and infected our understanding of how the system works.


Beloit College, a high-quality liberal-arts college in Wisconsin, supplies a typical example. Beloit's sticker price is $69,000 including room and board and other expenses, so with around 1,000 students, the college's annual program revenue would be $69 million if the sticker price were real. Of course, it's not; students pay around half that amount. The college's endowment provides a few million dollars in annual support, giving Beloit a total 2019 operating budget of $43 million.


The gap between notional and real revenues wipes away the claim made by many schools that, while tuition is high, it nevertheless does not cover the full cost of operations — which is why colleges must turn to other sources of support. This is true of the tuition students actually pay, but it's no defense of the $60,000 to $80,000 schools now commonly purport to charge. In fact, if a typical college collected its sticker price in full, its leaders would hardly know what to do with all the money. Beloit would have an extra $26 million per year against a budget of $43 million.


The gap between notional and real revenues has made a mess of college tax filings, too. To use the Beloit example, the college reports its revenues as though every student pays full tuition. In 2019, Beloit reported about $75 million in total revenue on its IRS Form 990, even though $35 million of that money was never asked for and never paid. To fill the gap between fantasy and reality, Beloit's Form 990 reports "Grants and similar amounts paid: [$]35,469,256." To be clear, Beloit never had $75 million in revenue; that number is an accounting fiction derived from the school's published tuition, which is based on nothing whatsoever. Beloit also did not "pay" $35 million in grants and similar amounts: It simply marked down a price that was never real, since vanishingly few families would pay $280,000 for any but the most elite four-year degree.


Every college's Form 990 looks this way: an impossible number under "Total Revenue" brought back to reality by an impossible number under "Grants Paid." That the entire sector operates this way has quelled the concerns of at least a few college trustees, whose responsibilities include approving the school's tax filings. Another source of comfort is the fact that these fantastical figures are uncritically accepted by the Department of Education and, apparently, the IRS. So while a close examination of college finances will reveal a series of preposterous claims, participants in the system have learned to believe many impossible things.


HARMING THE POOR


Our collective dishonesty on matters of pricing causes harm in a host of ways. For one, the impression that college is ruinously expensive has induced unnecessary anxiety in millions of families and scared many students away from college entirely. It has also led to a confusing national conversation about student debt, since nobody can figure out what college really costs or whether students are paying too much. High published tuitions at non-profit colleges have also laid the groundwork for for-profit schools to charge wildly inflated prices, since their students' expectations of cost were anchored by the well-publicized sticker prices of private four-year schools.


A system rife with misleading information might be tolerable if every family ended up paying the same amount to attend the same school, or if cross-subsidies between students at least ran in a coherent direction. But one of the most concerning dysfunctions of the current system is that lower-income students often pay more tuition than the average student.


From the outside it seems that schools are playing Robin Hood: They charge wealthier families the full cost of tuition, then use the excess funds to offer scholarships and other financial aid to poorer ones. Many people still believe this. But markets don't care if students are rich or poor, so for most schools it's a wash: Higher published tuition is wiped out by the discounts necessary to get enough students to enroll, and schools have no reason to offer more generous discounts to poor students than rich ones. To the contrary, since colleges care about student quality, they give larger "scholarships" to better students, and those students disproportionately come from more affluent families. As a result, rich families often receive more aid on average than poor ones.


The impression that college naturally costs $50,000 or more per year has induced some parents to take out crushing debt loads to finance a child's college dreams. This is possible because certain Federal Student Aid loan facilities allow it — the PLUS program in particular. But the real root cause is that many families simply believe there is a $200,000 tollbooth on the road to the American dream, so they sign the loan forms.


Once dishonest marketing practices had become fully mainstream, they opened the door for even bolder falsehoods to walk through. Financial-aid letters now often mislead students into believing loans are "aid," or that the total cost of attendance is much lower than it is. Waitlists are often illusory: They're manipulated to force students to commit to attend a school without considering other options, or to sustain a college's relationship with an affluent family. Early-decision practices are used to squeeze more tuition dollars out of families by short-circuiting the market's natural course. And, of course, colleges have to manipulate their accounts to represent these practices in financial reports and tax filings.


THE MERRY-GO-ROUND


Nobody in higher education wants to participate in the system of fake prices and fake scholarships anymore, but nobody can figure out how to escape from it. A tale of two colleges — Able and Baker — will show why honest pricing is nearly impossible to sustain in this environment.


Let's say Able College decides to stop publishing a false cost of attendance of $55,000, opting instead to advertise an honest price of $25,000, which is what most of its students actually pay. Nearby Baker College, meanwhile, keeps its sticker price at $55,000, though nobody pays more than $25,000 there, either.


Able's board may think it has done the right thing, and maybe it has. But board members are courting enrollment disaster. When Johnny is admitted to Able, he receives no scholarship; Able has already eliminated the fake $30,000 in tuition it was never able to charge, so it simply asks Johnny to pay $25,000 to attend the school. But when Johnny is admitted to Baker, he receives not only a letter of admission, but a $30,000-per-year "merit scholarship" on cream-colored cardstock with effusive language about his intellect and character (though nothing about his athletic abilities, since that would violate NCAA rules). Baker tells Johnny that his exceptional skill has earned him "$120,000 over four years." Johnny's parents and grandparents proudly tell their friends about "how much money Baker gave to Johnny," and Johnny chooses to attend Baker over Able.


To be clear, the offer is identical in both cases; it's just that Baker's actual annual cost of $25,000 is dressed up in an illusory $30,000 premium and an offsetting $30,000 scholarship. In most cases, Johnny is an unremarkable student, and the same "merit scholarship" letters go out to most of Baker College's admitted students. Johnny and his family might see that the "offer" from Able is the same as Baker's, but they invariably feel that Baker is the more prestigious option because of its (fake) high price, and that Baker "wants Johnny more" because of its generous scholarship offer. Able has unilaterally disarmed itself in the phantom-scholarship wars.


The cultural forces involved are so powerful that even the best institutions with the best of intentions must bend.


Olin College of Engineering has been exemplary in its attempt to abjure many of the unhealthy conventions of American higher education: The school is small, focused on teaching, provides athletic and extracurricular opportunities in sensible and affordable ways, and began with the vision of allowing highly qualified students to study tuition-free. When that dream (and Olin's endowment) ran aground during the Great Recession, the school started charging tuition.


In describing the resulting system, Olin explains that the cost of attendance for the 2023-2024 academic year is $86,474, but every admitted student, regardless of need, receives a scholarship of $29,986. Why not just say the cost of attendance is $56,488? Because "scholarship" is a magic word in American culture. Olin is highly selective (only 16% of applicants are admitted), but even elite schools have to compete to enroll their entering classes. Since virtually every other school offers its admitted students phantom scholarships, Olin would put itself at a disadvantage by advertising its tuition price alone.


Where does Olin's $86,474 cost of attendance come from? It's not the per-student cost to run the college — that's about $109,000 based on Olin's financial statements. And it is clearly not the real-world cost of attendance, which is $56,488. So why does Olin claim an official cost of attendance of $86,474? Because that's what top schools claim in their financial statements for their cost of attendance, and it's what families are used to seeing. It's a facsimile of a market price — and in the contemporary college market, facsimiles are all we have left.


RESTORING ORDER


For the reasons described above, schools won't, and arguably can't, stop their deceptive marketing practices. And for reasons having to do with antitrust law, the Department of Justice won't let them consult with one another and agree to change how much they charge for their services. Yet because dishonest scholarships are at the heart of the pricing ruse, there may be ways to change the system by applying some well-established consumer-protection laws.


First, states could simply enforce their consumer-protection statutes, all of which forbid misleading statements and deceptive practices. Any state's attorney general could bring an action against colleges making misleading claims about scholarships. However, this approach would disadvantage in-state colleges even if the rule applied equally to any college nationally. The practicalities of this approach, therefore, make it an unlikely solution.


Perhaps more promising is the fact that federal regulations also forbid misrepresentations and misleading statements. The passage below from the Department of Education's regulations could have prevented the whole high-sticker-price/high-discount era if it had been enforced all along:


Substantial misrepresentations are prohibited in all forms, including those made in any advertising, promotional materials, or in the marketing or sale of courses or programs of instruction offered by the institution.


As now used by colleges, the terms "scholarship," "institutional aid," "merit aid," and the like are substantial misrepresentations. There is no money behind these "scholarships," and it is not "aid" for a seller to discount an inflated price that nobody pays.


Most colleges' claimed cost of attendance is a substantial misrepresentation, too. And it is particularly surprising that these reported costs have been so badly manipulated, since the term is defined by statute. The Higher Education Act defines "cost of attendance" as "tuition and fees normally assessed a student...in [a particular] course of study." The department could give the words "normally assessed" their natural meaning. Is $69,000 "normally assessed" when the average student pays $25,000? Is it "normally assessed" when every admitted student is guaranteed a scholarship worth half the amount? What does "assessed" mean in that context? Is $69,000 an accurate statement of tuition and fees for a non-profit college whose per-student cost to operate is $40,000, or $110,000? Colleges should be required to report costs of attendance based on the money that changes hands in every case, whether paid by real scholarship dollars or by the students themselves.


Making tuition simple and clear would not make college cheaper, but it would likely return us to the kind of pricing practices Mr. Allen described in 1927, when it was easy to see that Bowdoin was cheaper than Harvard. Bowdoin is still cheaper than Harvard, but you'd never know it now: Bowdoin's published tuition today is $4,000 higher than Harvard's. With falsehoods like that gone, we could restart the national conversation about college costs and student debt without having to believe a series of impossible things.