On March 27, a federal district court struck down the University of Michigan Law School's affirmative action admissions plan, ruling that the school's interest in a diverse student body did not justify using racial preferences. This past December another court in the same district reached the exact opposite result, finding the university's parallel affirmative action program for undergraduates was justified by diversity.
These diametrically opposed rulings on a single university's affirmative action programs perfectly mirror the current division in the nation's courts. Affirmative action, a near-universal practice in universities across the nation, is under serious legal attack. Disappointed white applicants have sued universities in Georgia, Washington and Texas as well as Michigan.
As in Michigan, the lower courts in these cases have divided sharply, so it is only a matter of time before the none-too-hospitable Supreme Court takes up the issue. The main point of disagreement concerns whether diversity is a sufficiently "compelling interest" to justify race-conscious admissions. There is a strong case for diversity-based affirmative action. But another justification, not generally pressed by the universities, offers a more cogent and morally persuasive rationale for affirmative action: society's interest in integration itself.
Since 1978 affirmative action in higher education has rested on the slimmest of reeds--a lone opinion from a Justice who could not attract a single other Justice to his views. In Board of Regents of the University of California v. Bakke, a divided Supreme Court struck down a medical school admissions program that set aside a predetermined number of seats for minority applicants. Four Justices deemed any consideration of race illegal under a federal statute that prohibits discrimination by entities receiving federal funds, while another four concluded that the program was a valid response to broad societal discrimination.
The decisive opinion in the Bakke case was that of Justice Lewis Powell. He voted to invalidate the University of California's program, but he also stated that racial preferences are sometimes permissible, citing with approval Harvard's affirmative action program, in which, in the name of diversity, race was considered as one "plus factor" among many, and all applicants competed for all openings. Harvard's program was not even at issue in the case, but Justice Powell's views about it have guided universities ever since.
Subsequent Supreme Court opinions have appeared to diverge from Justice Powell's analysis. For example, Justice Sandra Day O'Connor, a critical swing vote, explicitly rejected diversity as a justification for an FCC affirmative action program, stating: "Modern equal protection has recognized only one [compelling state] interest: remedying the effects of racial discrimination." The FCC's interest in broadcast diversity, she reasoned, was "simply too amorphous, too insubstantial, and too unrelated to any legitimate basis for employing racial classifications." Her opinion was in dissent, but would probably garner five votes today. In other opinions, however, Justice O'Connor has cited Justice Powell's Bakke opinion with apparent approval.
One thing is certain: The argument for diversity finds virtually universal acceptance in academe. More than 360 higher education institutions signed on to briefs defending the University of Michigan's affirmative action program. And for good reason: In our increasingly diverse society, the ability to communicate and understand across racial lines is an essential part of citizenship, and teaching that skill requires a diverse setting. Not considering race in the diversity mix would effectively penalize minorities by denying them benefits that Iowans, violinists, potential donors' children and synchronized swimmers receive.
The usual response is that the Fourteenth Amendment treats racial classifications differently. But the equal protection clause does not prohibit all consideration of race. In its recent voting rights cases, for example, the Court held that race may be considered as one factor among many in redistricting, as long as it is not the "predominant motive." The redistricting process necessarily considers all sorts of factors as proxies for likely political allegiances, and adding race to the mix does not raise the same concerns as other kinds of race-conscious decision-making. Similarly, the search for diversity necessarily considers many factors as proxies for intellectual and cultural diversity, and race should be permissible as one among many.
Ultimately, however, integration itself may be a stronger justification for affirmative action than diversity. An integrated student body undoubtedly adds to diversity. But so does admitting violinists, and surely there is a stronger argument for admitting African-Americans than violinists. Higher education is one of the few arenas in modern life where racial integration remains a realistic possibility. Despite the demise of Jim Crow, most of us continue to live, work, socialize and worship in effectively segregated settings. College student bodies, by contrast, can be integrated because they are consciously selected and are not predetermined by geography or class. Integration in higher education in turn teaches us that integrated communities are possible, and that living in such communities can break down the deep barriers that continue to divide the races. At the same time, because a college degree is essential to professional success, integration in higher education is necessary to any measure of integration beyond.
The Court and the country have failed to live up to the promise of Brown v. Board of Education. The last thing we should do is turn the Constitution into a barrier to one of the last remaining arenas of true integration in America.
Educators have long known the rap sheet on the SAT, the college entrance exam that millions of young people have taken as a rite of passage for some seventy-five years. Since its inception, the SAT has become among the most scrutinized and controversial of standardized tests. And yet, the exam--and the mental testing culture that has sustained it in the United States--has been remarkably impervious to the attacks on it over the years.
Recently, however, the SAT suffered a body blow when the president of the University of California system proposed dumping the exam. Don't expect colleges and universities to defect from the SAT en masse--it's too deeply entrenched for that. But in announcing his far-reaching proposal in February, UC president Richard Atkinson legitimized open discussion of a heretofore taboo subject for large and selective universities: whether they (and society) would be better off without the test.
Atkinson, an eminent cognitive psychologist, knows well the list of particulars against the exam in question, the so-called SAT I "reasoning test." As the progeny of the first intelligence test commercialized in the United States, the SAT has proven to be a weak predictor of a student's actual performance in the first year of college; after that, its usefulness vanishes completely. Moreover, the SAT has proven to be a vicious sorter of young people by class and race, and even gender--and has served to sustain the very upper-middle-class privilege that many of the exam's supporters claim to oppose. The latest figures from the College Board, the SAT's sponsor, show that a test taker can expect an extra shot of fifteen to fifty points on his or her total SAT I score for every $10,000 that Mom and Dad bring home. Call it the Volvo Effect: a boost that peaks out at the highest levels of family income. Being white, on average, confers an extra 200-point advantage over a black test-taker. Atkinson hopes that replacing the SAT I with the SAT II subject tests will lessen such disparities and more accurately reflect what students study in high school. In fact, scores on both exams are powerfully correlated with each other, and UC's own data show that the SAT II also sorts harshly by class, race and gender. More helpful, Atkinson intends to revamp the entire UC admissions process by requiring campuses to evaluate applicants more comprehensively than under the old numerical formulas, judging a high school student's achievements in light of his or her social and economic circumstances.
The SAT's shortcomings have become especially vivid in recent years, as courts, voters and policy-makers in several states, including the UC Board of Regents in 1995, have ordered public universities to dismantle their affirmative action programs. Post-affirmative action, UC's most selective campuses have seen freshman acceptance rates wane for blacks and Hispanics. Meanwhile, the state's Hispanic population is forecast to skyrocket from about 11 million in 2000 to 18 million over the next two decades. Hispanic high school graduates will surge 74 percent over the next decade, while numbers of white graduates are expected to grow just 2 percent.
In light of these trends, the usual justifications for the SAT's continued dominance as a gatekeeper to UC would no longer wash. Yes, since 1968 the admissions test has been a bureaucratically convenient way to sort and weed large numbers of college aspirants. Yes, UC's relatively high SAT scores made it look good in the test-score fashion show put out by US News & World Report. Yes, the test was a common yardstick. But it was also a crooked one, inflicting enormous social costs.
Of course, there will be complaints that Atkinson's tossing the SAT will lead to the ruination of a great university: As UC opens the floodgates to hordes of the academically unfit, standards will plummet. We've heard it before, as when the University of Texas system enacted its "top 10 percent" law after the 1996 federal appeals court ruling in the Hopwood case, which ordered the state's universities to end their affirmative action programs. Beginning in 1997, any Texas high school senior graduating in the top 10 percent of her class earned automatic admission to Texas public universities--regardless of SAT scores. Did this produce the collapse of a great university? Hardly. At the flagship University of Texas, at Austin, SAT scores of students admitted under the top 10 percent law, as expected, fell markedly compared with their peers from pre-Hopwood days. And yet, their classroom performance actually bettered their pre-Hopwood counterparts (that is, those in the top 10 percent who did meet the SAT threshold), holding steady even in engineering, business and science. To top it off, by 2000, enrollments of Hispanics and African-Americans had been restored to their pre-Hopwood levels.
Ultimately, UC's faculty senate and the Regents could dash Atkinson's hopes for a new era in the university's approach to college admissions. Nevertheless, he has accomplished something of unquantifiable benefit by helping to pry open a badly needed debate about the meaning of merit in American higher education. Will we be a nation that judges young people based on what they have accomplished and what they've overcome to do so, or by how well they fill in bubbles on a standardized test that is itself of questionable merit?
Failing public schools violate state constitutions, new court decisions say.
With over 100,000 members in college and university chapters, Students for a Democratic Society (SDS) was the largest and most significant of the 1960s New Left organizations in the United States. While its history has been told before in a few well-known titles--Kirkpatrick Sale's SDS, James Miller's "Democracy Is in the Streets," Todd Gitlin's The Sixties and Thomas Powers's Diana among them--SDS is finally getting visual treatment as well with Helen Garvy's intriguing film Rebels With a Cause.
Garvy, a former assistant national secretary of SDS, reveals an insider's history of the organization with her film, built around the voices of twenty-eight of its leading activists, including Tom Hayden, Carl Oglesby, Casey Hayden and Bernardine Dohrn. And despite a sparse use of visual images, narration and music, Garvy has created an affecting picture. She avoids the "talking heads" danger inherent in documentary technique through tight editing--one interviewee picks up right where another leaves off. The effect is that of a seamless and compelling narration to the unfolding history and issues.
While other films about the '60s capture the energy and excitement of student rebellion with footage of protests and confrontation, this one captures the thought that went into the activism. It is the best film record we have of the intellectual motivations of the New Left in the United States.
The SDS story as Garvy tells it begins with its founding in 1960 as an organization concerned with racism, poverty, democratization of American society, the cold war and the danger of nuclear confrontation. SDS sought to identify itself with the left but avoid the traditional leftist pitfalls of sectarianism and dogmatism. The Port Huron Statement, drafted two years later by Tom Hayden, began with an expression of the generational anxieties to which SDS was responding: "We are people of this generation, bred in at least modest comfort, housed now in universities, looking uncomfortably to the world we inherit."
Despite the great concerns and ambitions of its founders, SDS was at first nothing more than a loose network of activist friends on a few college campuses (Michigan and Swarthmore, in particular) and in New York City. Then the contacts began to expand; I first heard about SDS in 1963 as a freshman at the University of Oklahoma, where we were concerned with ending both segregation in the surrounding community and compulsory ROTC on campus.
The most important initial organizing thrust of SDS was to serve as a Northern student adjunct to the Southern civil rights movement. But it quickly moved from supporting the Southern struggle to attempting to spark parallel struggles in the North. Through its Economic Research and Action Project (ERAP) the organization embarked on a series of ambitious community organizing campaigns in nine Northern cities with the avowed aim of creating an interracial movement of the poor. "We were very serious organizers," Sharon Jeffrey says in the film. "We intended to change the world." Within a couple of years, though, the escalating Vietnam War began to divert the energies of SDS away from its domestic community-organizing agenda. The ERAP began to wither, as did a number of civil rights projects in the South.
Nineteen sixty-five was a critical year in this transition. On April 17 SDS held the first March on Washington to protest US intervention in Vietnam. Exceeding all expectations, 25,000 people participated. Then more than 100,000 took part in the October 15 International Days of Protest and the November 27 second March on Washington sponsored by SDS and a range of other organizations. The number of SDS chapters on campuses multiplied from a few dozen to well over a hundred. Thousands of new members joined up. National and international media descended upon the Chicago national office, where I was working at the time, thinking that they had located the epicenter of the antiwar movement. In reality, by this time, SDS was just one of many organizations responding to a groundswell of opposition to the war.
The war was the new reality. At this time, SDS was actively struggling against America's foreign policy as well as its racial and economic policies at home. Then, in December 1965, Casey Hayden and Mary King, both highly regarded organizers and informal leaders from the civil rights movement, opened up yet another front. They circulated a letter, titled "Sex and Caste," that called upon women in SDS (and the movement in general) to initiate dialogues over "the problems between men and women." This call added gender to the inequalities of race and class that the organization sought to redress. It also marked the beginning of women's activism in the movement.
For the next four years, SDS played a prominent role in the growth of a freewheeling and militant new radicalism. But the movement defied any kind of central control, and a succession of national SDS leaders struggled to establish a clear role for the organization.
An initially small faction dominated by the Progressive Labor Party (PL), a pro-China splinter from the Communist Party, made inroads into SDS year by year, and its opponents among the national leadership grew increasingly rattled as they sought to fashion nonsectarian alternatives to PL's brand of Marxism-Leninism. The 1969 SDS convention in Chicago broke into warring factions--one controlled by PL, another by the emergent Weather Underground and others, including the Revolutionary Youth Movement. The Weather faction controlled the national SDS office until early 1970, then closed it down before going underground. That marked the formal end of the organization.
In many ways SDS succumbed to the very sectarianism that it had sought to avoid. "There was a process of one-upmanship on rhetoric," Bob Ross says, "that eventually one-upped us right out of touch with either students or the mass of the people."
Most of the tendencies of the radical politics of the seventies, including clandestine guerrilla organizations and the attempts to build Marxist-Leninist parties, can be traced from the breakup of SDS. Some members, however, came out of SDS committed to electoral politics and moving the Democratic Party to the left. A significant number also continued to pursue grassroots organizing strategies.
Although the SDS name continued to be employed by PL for several years, it was not the same organization and has never been recognized as such by original SDS activists. Consequently, Garvy does not include the PL "SDS" in her treatment. However, she does describe the Weather Underground experience, since its leading activists had roots in SDS. A number of these, including Bernardine Dohrn, Bill Ayers and Cathy Wilkerson, speak in the film.
Garvy treads cautiously in this part of Rebels. Since the Weather campaign of terrorism continues to be an issue of sore dispute among SDS veterans, Garvy tells two sides of this story. She includes both a point-blank denunciation of the Weathermen as unrepresentative of the movement by former SDS president Todd Gitlin and a sympathetic interpretation--that the Weather tactics grew out of frustration with the failure of large-scale marches and other nonviolent tactics to stop the war. "In some ways," Jane Adams says, "I felt that they were my agent despite the fact that I didn't agree with them. I could fully understand the frustration out of which their rage came."
But not all of SDS's long-term survival problems were due to its internal dynamics. Documents released through the Freedom of Information Act confirm what was widely suspected then: The FBI and other government agencies kept close tabs on SDS and disrupted its activities through the FBI counterintelligence program (COINTELPRO). The full extent to which government agencies contributed to destroying the organization's effectiveness remains unknown. There are still-unreleased files, and, as is typical, much of the content of the released material is blacked out.
Garvy situates SDS as a phenomenon of homegrown radicalism in the great tradition of American grassroots democratic movements. What she chooses not to show is that SDS was also a phenomenon of the American left.
SDS was as much an outgrowth of, and entangled in, the left-wing political tradition as it was a spontaneous response to issues of the time. A number of its original activists came from left-wing, including Communist, families. The organization began as the student affiliate of the cold war social-democratic League for Industrial Democracy (LID), which had a long history of intraleft warfare against Communism.
The LID parentage proved increasingly problematic as SDS got older, especially as the Vietnam War became a major issue. (Leading members of LID supported the war.) The final straw that broke the relationship came at the 1965 national convention when SDS voted to remove a clause in its constitution that barred Communists from membership. SDS's "anti-anti-Communist" stance could not be tolerated by the profoundly anti-Communist LID, and a formal separation was negotiated a couple of months later.
Throughout its history, SDS saw itself as an alternative to the traditional left-wing Trotskyist, Maoist and Soviet-aligned groups, which it dismissed as sectarian and largely irrelevant to the nation's political life. (It was in SDS that I learned the difference between an "-ist" and an "-ite." You used the former for polite descriptions, the latter for ideological enemies.) Nevertheless, it had both to struggle with those groups and to participate with them in coalition activities. Thus, historical events of the left, from the split between communists and social democrats to the Sino-Soviet split (via the PL), contributed to creating the organizational environment in which SDS functioned.
Garvy can be forgiven for leaving out this part of the story in the interest of producing a film for wide consumption--how many ordinary people would want to sit through hearing SDS veterans onscreen reminiscing about their differences with Trotskyism or other leftist tendencies? Still, those differences did make up a part of the nitty-gritty struggles of the day and were a significant part of SDS history.
Rebels With a Cause can best be described as oral history in the form of a film. As such it is a faithful record--without the left-wing context--of that part of the 1960s movement. It is especially valuable as an antidote to the cynical interpretations that dismiss the 1960s activists as either misguided idealists or hedonists consumed with sex, drugs and rock and roll. But beyond establishing an accurate record, the film's contribution is its transmission of historical memory to later generations. It is an especially valuable resource for current activists who wish to link their struggles to those of the recent past.
I was therefore curious to know what this generation of students, who had not been born when the 1960s movement took place, would think of Garvy's film. There had been no overt censorship to prevent transmittal of the memory. But would other mechanisms keep students from knowing this history? Would they consider the events to be too remotely in the past to have any relevance to their lives?
I showed Rebels With a Cause at the university where I teach--Eastern Connecticut State, a working-class campus not at all known for student activism. As one might expect, reactions and interests varied. What I was most struck by was that while all the students had heard of the civil rights movement, many had not heard of the antiwar movement.
The media and schools have enshrined the civil rights movement, as they should, as a good example of a social movement in American history. The antiwar movement is another matter. It is largely ignored by the media and schools because it is still controversial--both in terms of whether citizens should have protested that war and, most important, for the "dangerous" example it set for how citizens might respond to present and future wars engaged in by this country.
In Rebels With a Cause Helen Garvy has given us a resource for keeping alive the radical memory of such dangerous examples and dreams in American history.
For more than two years, the antisweatshop movement has been the hottest political thing on campus [see Featherstone, "The New Student Movement," May 15, 2000]. Students have used sit-ins, rallies, hunger strikes and political theater to demand that garments bearing their institution's logo be made under half-decent working conditions.
From the beginning, the major players were students and administrators. While some progressive faculty members--mostly from sociology departments--offered the students early support, economists, who like to think of their discipline as the queen of the social sciences, kept fairly quiet.
That changed this past July. After colleges and universities made a number of visible concessions to the students over the spring, a group of some 250 economists and lawyers released a letter to administrators, basically complaining that they hadn't been consulted. The letter, initially drafted by Jagdish Bhagwati of Columbia University and burnished to perfection by a collective of free-trade zealots calling themselves the Academic Consortium on International Trade (ACIT), reproached administrators for making concessions "without seeking the views of scholars" in relevant disciplines. Judging from their letter, the views of these scholars might not have been terribly enlightening. On page 24 of the magazine, the ACIT missive appears with some comments (see "Special" box, right).
The establishment verdict is in: President-elect Bush made an astute choice by tapping Rod Paige, Houston's School Superintendent, to head his Education Department. The New York Times blessed the nomination as "wise," and both major teachers' unions have chimed in with support.
On most of the hot-button questions, Paige is a relatively uncontroversial pick. About vouchers, he has written, "We believe that public funds should go to students, not institutions, and there may be a time when vouchers will be part of the mix." (A limited voucher program in Houston was so modest and so narrowly designed that virtually no one took advantage of it.) Paige is a supporter of "performance pay" for teachers and a fairly strong proponent of a skills-based curriculum, especially phonics, but not to the point where he has openly horrified anyone in the teachers' unions or on the educational left. (Privatization, however, is Paige's one potential skeleton. He contracted with the for-profit Community Education Partners to renovate an old Wal-Mart and take in students expelled from other schools in the district. The Houston Press has reported that CEP falsified academic records to stay in good standing in the district. Paige defends the school, and the local teachers' union loves it because it exiles troublemakers. But when Paige touts the decline in violence in his district, it's important to keep this warehousing policy in mind.)
The basis for Paige's seeming pragmatism, and the core of his relationship with Bush, is "accountability." Both men believe strongly in a descending order of public liability, beginning with the governor, on down to district administrators, principals, teachers and ultimately arriving at pupils themselves: All get measured, and publicly lauded or shamed, by the outcome of the Texas Assessment of Academic Skills, the state-designed standardized test administered annually to public schoolchildren in third through eighth grades. (Passing a tenth-grade TAAS is required before a student can graduate from high school.) Both Paige and Bush staked their reputations on rising TAAS scores, and clearly both would like to see the Texas system--blending autocratic, centralized accountability standards with flexibility on how to satisfy them--bumped up to the federal level. But were the numbers truly what they said they were? And was placing both students and schools on a single-indicator model of performance good for Texas public education?
To begin with, almost none of the independent measures of student performance have confirmed the gains Paige and Bush trumpet on the TAAS. ACT and SAT scores have stagnated, and on the single achievement Bush takes most seriously--early reading ability--the National Goals Panel, by Bush Senior in 1989 to monitor each state's progress on education, found that "between 1992 and 1998 there was no significant change in the percentage of [Texas] public school fourth graders who met the Goals Panel's performance standard in reading." A recent RAND study has come to, at best, mixed conclusions on the Texas "miracle." The most recent compared TAAS scores with the performance of Texas schoolchildren on a national exam. By this benchmark, only the math scores of white fourth graders showed meaningful improvement. The common explanation for these discrepancies has been that emphasis on TAAS, having developed into an institutional mania, forces teachers to teach test-preparation materials in lieu of a full subject curriculum. In other words, instead of receiving an education, students are drilled on how to pass a single multiple-choice exam. Worse, schools now shunt more kids into special ed (where they are exempted from TAAS), hold them back in the ninth grade (to avoid the critical tenth-grade assessment) or even quietly encourage the worst test-takers to stay home on TAAS day (there is no makeup date).
The Bush-Paige system of accountability put such enormous pressure on educators to produce rising scores that inflating special-ed exemptions--and eventually out-and-out cheating by teachers and principals--became scandals. When Paige cracked down on both in 1999, scores went, in Paige's own words, "violently" down. Furthermore, with graduation rates part of the accountability mix, not to mention Paige's own compensation package, a kind of, well, fuzzy math now governs the calculation of who actually completes school. Both a conservative and a liberal gadfly group have protested, independently of each other, for years that Houston's graduation rates are wildly exaggerated, and recently Walter Haney, a Boston College education professor, has noted that "there was a sharp upturn in numbers of young people taking the GED tests in Texas in the mid-1990s." The GED, a high-school-equivalency test, allows students to evade TAAS, and it removes them from the official graduation scorecard.
The simple question to Paige should be: Before we confirm you, and before we move to a Texas-style system of accountability nationally, can you assure us that Houston's educational gains weren't a mirage? That the culture of testing is good for schools? There have been widespread reports of test-prep rallies, school-sanctioned all-night crams, schools forgoing basic educational services to buy expensive commercial study guides.
And testing gets to a deeper commonality between Bush and Paige. As Paige has written, "Nearly three-quarters of Houston's students are disadvantaged, but the factors that make them disadvantaged have nothing to do with ability to learn," a sentiment Bush echoed neatly when at Paige's appointment he said, "He understands that we don't give up on any child, regardless of their background." This sounds caring enough, but it has an edge: Poverty will not be an excuse. This in turn dovetails all too nicely with the culture of testing, which is often Procrustean in ignoring the vastly different social legacies children bring with them to their first day at school.
The tendency to paper over a young pupil's background, as well as the comfort both Paige and Bush draw from purely quantitative, rather than qualitative, measures of a child's well-being, will make a critical difference at the level of policy: Bush has promised to move Head Start from the Health and Human Services Department to Paige in Education, converting it from an antipoverty program for preschoolers into, essentially, a phonics program for early reading. One Head Start founder has already publicly fretted that its broader mission--attending to the health and welfare needs of at-risk children--might be in jeopardy. Notwithstanding the friendly public reception thus far, there should be no shortage of questions for Paige before the reins of federal education policy get handed over.
A corporate antiviolence program targets students who don't fit in.
As the media obsessed over the seesaw presidential poll, voters across the country quietly made their choices on more than 200 disparate ballot measures and initiatives. For progressives the results are--as usual--mixed.
First the bad news: Three campaign finance reform initiatives went the wrong way. Clean-money measures providing for full public financing were thumped in Missouri and Oregon. Similar measures had been passed in previous years by voters in Maine, Massachusetts and Arizona as well as by the legislature in Vermont--but this time around powerful, well-financed business lobbies weighed in, and dirty money beat clean money. In Oregon opponents ran an effective (and expensive) radio campaign highlighting the out-of-state financial support for the reform, and it raised the specter of extremists running for office if it passed.
In Missouri corporate opponents--including Anheuser-Busch, KC Power & Light, Hallmark Cards and the Missouri Association of Realtors--poured hundreds of thousands into their victorious antireform campaign. Californians, meanwhile, approved Proposition 34, billed as campaign reform but actually cooked up by the establishment to block real reform. The returns on these three measures should compel campaign finance reform activists to rethink their strategies. These are significant and stinging defeats.
The good news is that the failed drug war was a loser in five of seven related measures nationwide. Medical marijuana initiatives passed in Colorado and Nevada (although a full marijuana-legalization bill failed in Alaska). Oregon and Utah voted to reform draconian drug forfeiture laws. And in California, Proposition 36, providing treatment instead of jail for first- and second-time drug offenders, passed easily. But a similar proposition failed in Massachusetts (which also refused to approve a universal healthcare proposal).
Another bright spot was public education. Voucher measures in California and Michigan were beaten by wide margins. Silicon Valley entrepreneur Tim Draper put up millions for the California proposal--to no avail. California voters also approved a measure that makes passage of school bonds easier. But bilingual education, banned in the Golden State two years ago, was also thrown out by Arizona voters. As he did in California, businessman Ron Unz fathered and funded the Arizona measure.
Colorado voters defeated the so-called informed consent measure on abortion, but Arizona and Nebraska approved a ban on same-sex marriages and civil unions. In Maine a measure to protect gays from discrimination was defeated. In Oregon the notorious Measure 9, which outlaws "teaching" homosexuality in schools, failed. Oregonians also rejected two antiunion "paycheck protection" measures, which the state labor federation had vigorously fought.
If you are the parent of a newborn, beware. Fourteen to eighteen months from now your child will be programmed to nag for a new toy or snack every four hours, "branded for life" as a Cheerios eater or a Coca-Cola guzzler and placed in the loving care of a market researcher at the local daycare center.
That, at least, was the view of early childhood development presented by the 400 children's-market honchos at the third annual Advertising & Promoting to Kids Conference, held in New York City on September 13-14. Conference-goers attended sessions on topics like Building Brand Recognition, Marketing in the Classroom and The Fine Art of Nagging ("40% of sales of jeans, burgers and other products occur because a child asks for the product"). They cheered winners of the Golden Marble Awards for best breakfast-food and video-game commercials.
The marketing confab was held as the government released a report documenting the growing commercialization of public schools and also as the Federal Trade Commission blasted media companies and the advertising industry for deliberately marketing violent films and products to children. Although kids have been targets of marketing for decades, the sheer amount of advertising they are exposed to today is "staggering and emotionally harmful," says Susan Linn, a Harvard Medical School psychologist who studies media at the Judge Baker Children's Center in Boston. Linn and other child psychologists, educators and healthcare professionals led a protest outside the Golden Marble Awards to draw attention to the effects of the $12-billion-a-year kid-ad industry, including the epidemic of obesity in children and increasing violence in schools. "It's appalling that creativity is being rewarded in the service of manipulating children," Linn says. "We hope this is the beginning of a national movement to challenge this."
In fact, this fall has been a good one for grassroots opponents of corporate commercialism. The Madison, Wisconsin, school board voted in August to terminate its exclusive beverage contract with Coca-Cola, making it the first school district in the country to cancel an existing marketing deal [see Manning, "Students for Sale: How Corporations Are Buying Their Way Into America's Classrooms," September 27, 1999]. The board cited "overwhelming public opposition" as the reason for its decision. That action came hard on the heels of successful campaigns to stop proposed school-marketing deals in Oakland and Sacramento, California; Philadelphia; and the state of Michigan, where a cola contract involving 110 school districts was shot down. In October the American Dental Association passed a resolution urging its members to oppose the marketing of soft drinks and junk food in schools, and the American Psychological Association, under pressure from many of its members, agreed to form a task force to examine whether it is unethical for psychologists to advise companies that market to children. Meanwhile, ZapMe!, the in-school marketing company, abandoned its educational business after failing to convince enough schools to accept its offer of free computers in exchange for delivering student eyeballs to advertisers.
"We're seeing a dramatic increase in local resistance to all forms of corporate marketing to kids," says Andrew Hagelshaw, executive director of the Center for Commercial-Free Public Education, in Oakland. "The issue has finally hit critical mass with the public." Hillary Rodham Clinton has jumped on the bandwagon. Citing a "barrage of materialistic marketing" aimed at young children, the Democratic candidate for senator from New York wants the government to ban commercials aimed at preschool children and to prohibit advertising inside public elementary schools. Anticorporate activists welcomed Clinton's proposals but said they don't go far enough. Opponents of a New York City school board plan to finance free laptop computers for students through in-school advertising say her proposals won't protect millions of high school students. Nor would the proposals apparently affect the commercial in-school TV program Channel One, whose market is primarily middle school students.
Corporate lobbyists are already putting the heat on members of Congress who might support legislation reining in children's advertising. Hagelshaw believes the real battles will take place in local school boards and state legislatures, which may be more receptive to anticommercial arguments. There's never been a better, or more important, time for local activists to step up the pressure on corporate exploiters of children.
A new era has begun in Serbia, not only because Slobodan Milosevic has at last been expelled from office but because the deed was accomplished by the Serbian people acting in solidarity and without recourse to violence to seize their political destiny. The world will not soon forget the spectacle of Serbian riot police embracing demonstrators or the ballots spilling from the windows of the Serbian Parliament building.
Six months ago, such developments were unthinkable: Serbia's opposition had grown battle-weary and despondent, outmaneuvered by a repressive regime and fractured by internal divisions. Much of the credit for the energy, creativity and wherewithal of the protests belongs to Serbia's youth movement, Otpor, which aggressively advocated coalition-building, nonviolent civil disobedience and the importance of winning police and military support. The popular rebellion in Serbia bore the hallmarks of Otpor's strategy, as well as the youth movement's exuberance and optimism.
Still, the politics of coalition-building are complicated and perilous. Can groups, individuals and institutions that once supported Milosevic's ruling party or that launched and sustained the rhetoric of war really be trusted to help lead Serbia into the new era? For how long will the eighteen opposition parties that united behind Vojislav Kostunica continue to cooperate in the absence of a common enemy? Given Serbia's deeply divided political scene, Kostunica, a nationalist democrat from the center right, was a canny choice for presidential nominee: Uncorrupted by regime ties or mafia connections, Kostunica has a reputation for personal honesty and integrity. An anti-Communist, he also has a history of fierce opposition to Western interference in Serbian affairs. He has denounced the Hague war crimes tribunal as a political tool, he had strong wartime ties to Bosnian Serb leader Radovan Karadzic, and he decried the Dayton agreement of 1995, favoring more substantial Serbian territorial claims in Bosnia. As for the Serbian offensive against Albanians in Kosovo, Kostunica once told the Chicago Tribune, "Their leaders asked for Kosovo to be bombed. How should we behave? How would Americans behave?"
These views appealed to Milosevic's former constituency as well as to the substantial nationalist opposition that has long felt that Milosevic betrayed Serbian territorial aims and soiled the country's international image. Many ordinary Serbs share an abiding distrust of the international community, especially the United States, which they feel punished the people for the actions of a leader many of them despised. At the same time, although he wears his nationalism proudly, Kostunica says that it entails neither chauvinistic intent nor "Greater Serbian" aspirations. Kostunica has always opposed the deployment of paramilitaries, and he is a democrat who favors a free press, a truth commission and the rule of law. His impressively level-headed command of the peaceful rebellion speaks for his commitment to nonviolent conflict resolution within Yugoslavia.
And yet there is an antinationalist segment of the Serbian opposition, however small, that embraces the country's new leader very cautiously. These civil society leaders, many of whom weathered the Milosevic years in Serbia's sizable NGO community, worry that Kostunica will bring with him certain elites who fell from Milosevic's favor in the mid-nineties. After all, among Kostunica's close allies are the Serbian Academy of Sciences and Arts and the Serbian Orthodox Church, both of which helped produce the nationalist rhetoric that Milosevic seized to bolster popular support and to fuel the war machine. Serbian nationalism in all its varieties will not soon disappear, and the student movement in particular has a crucial role to play in keeping Kostunica, as well as his future challengers, honest and in helping a meaningful political life to take root at last in Serbia.
Meanwhile, the practical challenges are monumental. Yugoslavia's economy is a shambles. Not only did NATO bomb key factories last year; not only did sanctions create a vacuum since filled by an all-pervasive black market; not only does Serbia lack a banking system and access to foreign banks; but Milosevic and his cronies established an elite class of gangsters and paramilitaries whose ill-gotten wealth will be difficult to simply wish away. To neutralize the power of organized crime, the holdings of war profiteers and mafia lords may have to be legalized, or at the very least, these characters, who have played such a nefarious role in Serbia's financial and cultural life for the past decade, must be persuaded to invest their wealth constructively. In a society whose institutions, from banks and hospitals to schools and courts, have been neglected or co-opted, and where the flight of the professional classes became a virtual hemorrhage, the road to recovery will be long indeed. Although the easing of sanctions and the promise of aid will help, the people of Serbia must survive a very difficult period of adjustment.
At the end of this period, however, Serbia, the largest and most populous nation in the ex-Yugoslav region, could once again become a forceful neighbor. This is just one reason that it is so important for Serbia to reckon with its recent history and rebuild its relationships with the other ex-Yugoslav republics on a foundation of humility and cooperation. The status of Montenegro remains an open and vexed question, with some of Milo Djukanovic's followers still straining for independence and Milosevic's party officially governing Montenegro on the federal level. And against the will of the Albanian majority, Kosovo remains nominally a part of Yugoslavia; with a reputable government in Belgrade, the international community will eventually withdraw.
The question of reconciliation with the past, specifically Serbia's role in the Yugoslav wars, is also a critical one, and it will most likely be resolved on local terms or not at all. Many Serbs believe they have been demonized by the world media and unfairly singled out for punishment for the Bosnian war. Thus, stern rebukes from abroad often meet with hostility. Although Kostunica has unfortunately vowed not to cooperate with The Hague, he may offer war crimes trials on Serbian soil. One hopes the new freedom of expression Kostunica promises will allow journalists and academics to explore recent history publicly and candidly. This internal process will be delicate, painful and contentious, but it offers the possibility of deep and lasting change.