Strange as it may seem, Timothy McVeigh and George W. Bush shared the same analysis of McVeigh's execution Monday morning, June 11, in Terre Haute. The Oklahoma City bomber, intoned Bush, "met the fate he chose for himself six years ago"--the perfect mirror of McVeigh's own vision of himself as "the master of my fate," in his citation of William Ernest Henley's "Invictus."
The notion of "fate"--a predetermined outcome--sanitizes state-sponsored killing even as it fulfills McVeigh's megalomaniacal delusions. But fate had nothing to do with it. Death sentences are a matter of caprice rather than legal predetermination, as evinced by the twenty-one of twenty-three federal death-row inmates remaining in Terre Haute whose "fate" was to be born nonwhite. Myth: "The severest sentence for the gravest of crimes," as Bush declared that Monday, employing McVeigh as a handy fig leaf for a federal death row even more racially out of kilter than its state counterparts. Reality: The capital trial norm remains "the death penalty not for the worst crime, but the worst lawyer," in the words of litigator Stephen Bright.
One salient political and legal fact received scant consideration Monday: Because it was a federal execution, McVeigh's killing was the first in two generations on behalf of all of us. But "all of us," or even the majority of us, no longer support the death penalty. The government has gone back into the killing business at the very moment when the national capital punishment consensus has eroded, as indicated by polls showing support for death sentences slipping below 50 percent if replaced by life terms without parole. McVeigh's execution was supposed to turn this trend around. Instead, the FBI's documents blunder and the generally sordid spectacle from Terre Haute only fed public unease.
Sanitizing was pretty much the universal order of business Monday. The news media made much of their sensitivity to Oklahoma City's survivors. But only the Daily Oklahoman consistently noted the diversity of survivor opinion on McVeigh's execution, and among broadcasters only KWTW, an Oklahoma City station, reported that nearly a third of the 325 people who had reserved chairs for the closed-circuit telecast elected not to show up. And only the Chicago Tribune has bothered to report--in an interview with an anesthesiologist shortly before McVeigh's original execution date in May--that lethal injection deaths like McVeigh's are often far more painful than they may appear to witnesses. The closed-circuit telecast of McVeigh's killing also offered powerful ammunition against the argument from some leading abolitionists that public broadcasts of executions would lead to widespread outrage against them. "It was such a peaceful death. That made it more palatable," witness Archie Blanchard said on NBC, after confessing that before the telecast it had been "hard to think about being there."
Also missing from press coverage was any recognition of McVeigh's forgotten conspirators. Not John Doe #2, but the wide range of "mainstream" right-wing politicians and broadcasters and publishers and gun lobbyists who exploited the Branch Davidian deaths in Waco with wild conspiracy theories, ratifying McVeigh's delusional rage and naming his enemy. Just a few of those sharing collateral guilt: the National Rifle Association, which not long before Oklahoma City called the Bureau of Alcohol, Tobacco and Firearms "jack-booted government thugs, federal agents wearing Nazi bucket helmets and black storm trooper uniforms to attack law-abiding citizens"; Representative Helen Chenoweth, who declared that America's national parks had been taken over by the United Nations; Senator Bob Smith, who temporarily dropped his GOP affiliation in favor of the paranoid, antigovernment populists of the US Taxpayers Party; and antichoice fanatics who pointed the way to Oklahoma City with their abortion clinic bombings in the early nineties. It is easier to treat Tim McVeigh as an inexplicable aberration who can be evicted from history than to recall just how widely evident were obsessions like his.
President Bush and Attorney General Ashcroft now turn their attention to Juan Raul Garza, scheduled for execution on June 19. In between, Bush traveled to Europe, arriving in Spain, which was in an uproar over a falsely convicted Spanish citizen recently released from Florida's death row. America's death penalty has for years baffled our European partners, but it is only now becoming a serious diplomatic and political issue. France is refusing to extradite Buffalo abortion doctor shooter James Kopp until prosecutors agree to spare him from capital charges, and Germany is suing the United States over the execution of a German national who was never informed of his consular rights. In Ireland, voters on June 7 overwhelmingly approved a referendum permanently abolishing capital punishment from the country's Constitution. Capital punishment now isolates the US abroad as it divides Americans at home. The McVeigh execution, instead of marking a new era of federalized capital punishment, may turn out to be the high-water mark before the long-overdue retreat of the capital punishment tide.
Now that Timothy McVeigh has been executed, I suppose we're all supposed to stop talking about it--to "enjoy closure," a bit like the election.
But McVeigh's execution was troubling on so many levels, it's hard to know where to begin. It was alarming to watch the procedural impatience, the official "just get it over with" mentality, despite defense lawyers' not having had a chance to go through more than 4,000 pages of FBI documents that no one disputes ought to have been turned over before McVeigh's trial.
It was distressing to hear the semantic shiftiness of our President as he described the event. To us individualists at home, he said that it was McVeigh who "chose" this method of reckoning; to a European audience it was "the will of the people in the United States." Like some libertarian Pontius Pilate, Bush washed his hands of any responsibility, skillfully uncoupling the role of the executive from execution. It's bad enough to have a death penalty; it is positively chilling when the chief poohbah shrugs it off as though helpless, assigning federally engineered death to forces beyond him.
It was incredible to see anti-death penalty commentators apologizing constantly, always having to blither "of course no one condones his actions"--as though arguing for life imprisonment made one the squishiest, most bleeding-heart of moral equivocators. As a New York Times commentary observed, "Experts said it was the wrong case to debate--many people who do not approve of the death penalty wanted Mr. McVeigh to die."
Yet if one really wants to test the commitment of a civilization to its expressed principles of justice, the McVeigh case is exactly the right case to debate. There was little question as to his guilt (even if the question of conspiracy remains an open one in some quarters), his crime was inexpressibly reprehensible and he maintained a demeanor of controlled, remorseless calculation to the end. In other words, it is precisely the dimension of his evil that presses us to consider most seriously the limits of state force. The question is whether we want to license our government to kill, rather than just restrain by imprisoning, the very worst among us.
Much recent debate about capital punishment has focused on probabilities: the repeated demonstration that "beyond a reasonable doubt" is a matter of considerable uncertainty and outright error. I have recommended before Actual Innocence by Jim Dwyer, Barry Scheck and Peter Neufeld, and I do so here again. These lawyers' work with the Innocence Project has led to dozens of releases from death row and to calls for moratoriums in states where pro-death penalty sentiment once ran high.
There is also the question of disparate impact, particularly upon minorities and the poor. "There are no racial overtones in [McVeigh's] conviction," wrote the New York Times in an editorial. Perhaps that's true if considered in a vacuum, but certainly not with regard to its procedural legacy. If the FBI couldn't get right the most important and supposedly most careful investigation in its history--and still no stay was granted--then there is no hope in any other case. McVeigh's "nonracial" fate, moreover, will surely be invoked highhandedly in all those more routine, less highly scrutinized cases. The fact that of the remaining federal death row inmates only two are white is, according to John Ashcroft, merely "normal." For more on this aspect of the debate, I recommend reading Legal Lynching: The Death Penalty and America's Future, by the Rev. Jesse Jackson, Representative Jesse Jackson Jr. and The Nation's own Bruce Shapiro. Forthcoming from The New Press, it is an eloquent argument against the inequity of the death penalty's administration and makes a compelling case against its violent irreversibility, its unredeemable finality as pursued by prosecutors, judges and juries who are, after all, far from all-knowing or divine.
One of the saddest parts of the McVeigh saga was listening to the endlessly amplified testimonials of those survivors and family members whose sentiments were premised on vengeance being "mine" rather than the Lord's. One woman wished the electric chair had been used, because it would have been more painful. Another said, "I think bombs should be strapped on him, and then he can walk around the room forever until they went off and he wouldn't know when it would happen."
Such traumatized expectations led to predictable disappointment. "I really wanted him to say something," said one witness. "I wanted him to see me," said another. "I thought I would feel something more satisfying, but I don't," said a victim's son. "For him just to have gone asleep seems unfair." This sort of desire for "more" leaves us poised on the edge of an appetite for re-enacted violence and voyeurism. Given the horrific losses McVeigh's crime incurred, this primal hunger can be almost seductive--a howl of mourning very hard to resist, never mind debate. But it is dangerous if it allows us to lose sight of the fact that the debate we must have is, again, about the limits of state force, not about devising the perfect mirror of each victim's suffering.
But the bottomlessness of that individual trauma is not something we can afford to ignore either. For a wise and extremely moving reflection on this dimension, I recommend Susan Brison's Aftermath: Violence and the Remaking of a Self, forthcoming from Princeton. Brison, a Dartmouth College philosophy professor who was raped, strangled and left for dead, analyzes the post-traumatic stress syndrome that still colors her life and reflects on the resilience needed to carry on. "Trauma," she writes, "destroys the illusion of control over one's life. It fractures the chronology of a life's narrative--not in the way a stopped watch makes time look like it's standing still, but like the thirteenth chime of a crazy clock that throws everything that came before into question."
"9:03" reads an inscription on the Oklahoma City National Memorial. Would that we could undo that awful moment in Oklahoma City by sacrificing McVeigh's one life for all the others, but the difficult paradox of healing is having to live on and through that wilderness of grief with no illusion of control.
For more information, see our Death Row Roll Call.
On July 1 Larry Summers--the Wunderkind economist who ran the Treasury Department under President Clinton--takes over as president of Harvard University. "A fitting choice," editorialized the New York Times. But fitting in what way?
So far, Summers has maintained an eloquent silence on the activists who seized his future office for three weeks to demand a living wage for Harvard service personnel. Harvard may have an endowment of billions at its disposal, but Summers, who failed to respond to my requests for an interview, is unlikely to embrace the living-wage drive.
After all, if everyone were paid a living wage, where would we store hazardous waste? A decade ago, while chief economist of the World Bank, Summers put forward arguments for a "world-welfare enhancing trade in air pollution and waste" in an internal bank memo that expressed the value of a human life as the sum of its future earnings. "The costs of health-impairing pollution depend on the foregone earnings from increased morbidity and mortality," Summers wrote. So if pollution takes five years off the life of the average, well-paid American, that is more significant than the same pollution prematurely killing off the average someone in Mexico or some other lower-wage country. Wrote Summers, "The economic logic behind dumping a load of toxic waste in the lowest wage country is impeccable, and we should face up to it."
Yes, it's a ten-year-old memo, and Summers has apologized for his suggestions, saying they were ironic and intended to push colleagues to think outside the box. But don't feel bad about asking him whether "impeccable logic" dictates that the death of a Harvard janitor paid $6 an hour matters less on some level than if the janitor is making $10.25. That's just one of the harsh questions Harvard's braver souls ought to be asking.
Here's another: Why did Summers, while he was a top official at Treasury, so ardently embrace the corrupt sell-off of Soviet industries? Russia's privatization czar, Anatoly Chubais, oversaw "auctions" of the oil companies, nickel mines and other crown jewels of Soviet industry that were openly rigged. How openly? The privatizers invited some of Russia's newly minted tycoons to organize the auctions--and then let those tycoons reject high bids and crown themselves the winners.
Long after those rigged auctions were over, Summers was praising their organizers as an "economic dream team" and was on a friendly first-name basis with them in official letters. That was consistent with the Clinton Administration's see-no-evil approach to Boris Yeltsin's boys--one that Summers helped design.
Summers's critics may find new ammunition in a Justice Department lawsuit brought against Harvard over its work on Russian privatizations. In United States of America v. the President and Fellows of Harvard College, Andrei Shleifer, Jonathan Hay, Nancy Zimmerman and Elizabeth Hebert, the Justice Department accuses a team from Harvard of having "defrauded the United States out of $40 million"--the amount paid to Harvard's Institute for International Development to work on Russian economic policy in tandem with reformers like Chubais. The Justice Department says that Shleifer and Hay, who ran Harvard's Russia project, secretly bought large personal stakes in Russian oil companies and in "GKOs"--wildly high-interest Russian treasury bills. Harvard University's endowment, by the way, was also heavy in GKOs. In other words, Harvard and its representatives were investing in areas they were being paid to help design and regulate.
Justice's ninety-eight-page civil complaint also says the Harvard team arranged for USAID to pay hefty salaries to people who worked on Hay's or Shleifer's private business projects (or those of their wives, Zimmerman and Hebert); some of those people rarely showed up for work "other than to collect their pay or for the free lunches." And the complaint says that "numerous" Harvard officials knew of these and other abuses, but those who complained were either ignored or, if they worked under Shleifer and Hay, bullied into silence.
Summers does not figure in the Justice Department's complaint, but he has for decades been a mentor to Shleifer. As an MIT professor, he hired Shleifer, then a Harvard undergraduate, as a research assistant, beginning what the Journal of Economic Perspectives described as "a long period of close friendship and mutual education." Even after Shleifer's work in Russia had come under investigation, Summers continued to embrace it--for example, writing in a blurb for a book Shleifer co-wrote on privatization that the authors had done "remarkable things in Russia." Now, as Harvard president, Summers will have to deal with the fallout from the legal case involving Shleifer--who still holds tenure at Harvard--and whatever further embarrassing details it may reveal.
Even then, the lawsuit involves only a portion of the Harvard-Russia relationship. Of equal interest is how the Harvard project and the Russian reformers cooperated to win control of the US government's aid money. And this is a story Summers should know intimately--the ins and outs of Russian economic policy-making were a major part of his brief at Treasury, while the Harvard-reformer nexus involving his friends Shleifer and Chubais has been chewed over by Congressional and General Accounting Office investigators.
Government money is usually handed out through a bidding process, but according to a GAO investigation, aid money to Russia broke that model. The GAO--the budgetary watchdog of Congress--says Harvard not only received tens of millions without any bidding, it also won "substantial control over the U.S. assistance program [for Russian economic policy-making]." Here's how it worked: The Harvard team befriended "reformers" like Chubais. (Friendship in action: When Yeltsin briefly fired Chubais over the rigged oil company auctions, the Harvard team used USAID money to hire Chubais, paying him $10,000 a month to be a "consultant.") USAID approvingly noted the "deep relationship of trust" between Harvard and the reformers, and cited it as a reason to give Harvard more aid money while sidelining projects run by other institutions. On rare occasions when USAID did dare to award money to a non-Harvard-approved organization, the reformers would nix it: For example, when a team from Stanford won a USAID competition to work with Russia's Federal Commission on Securities--a commission designed by Shleifer and Hay--the "reformer" heading that commission balked. Stanford lost that contract, and later Harvard was given money to do much the same work.
Rigging the game so that only Harvard could win sounds like the sort of crony capitalism associated with... well, with Russian privatization. But the Justice Department is going after only the personal behavior of Shleifer, Hay & Co., not the larger issue of how their superiors winked so long at cronyism in Moscow and Washington. Why were the Russian reformers allowed to play Harvard, and Harvard to play Washington, like a yo-yo? That's another question no one should feel bad about asking Summers--who, in one of those quirky ironies of fate, will also technically be on trial if United States v. the President and Fellows of Harvard goes forward.
With each new look at the November election in Florida, the argument of the Bush Five on the Supreme Court--that manual recounts would lead to the unequal treatment of voters--appears more ludicrous. The election itself was a statewide orgy of unequal treatment. In a draft report, the US Commission on Civil Rights, which investigated election irregularities in the Sunshine State, depicts a voting system rife with bias. "African American voting districts were disproportionately hindered by antiquated and error-prone equipment like the punch card ballot system," the commission notes. Which means more black and low-income voters--who tend to vote Democratic--had their ballots invalidated. The commission confirms what The Nation and other publications have found: The sloppy and inconsistent use of error-laden purge lists prevented eligible voters from casting ballots. "The purge system," the commission observes, "disproportionately impacted African American voters who are placed on purge lists more often and more likely to be there erroneously." In some counties voters of Hispanic or Haitian origin were not provided ballots in their native language--despite federal laws that require it.
There were other inequities. When Secretary of State Katherine Harris ordered a recount, eighteen of Florida's sixty-seven counties didn't recount the votes; they merely checked the math from the original count. In two counties, elections officers shut off the mechanisms on the voting machines that identified errors on ballots and allowed the voter a second chance. Other counties kept these devices on.
According to the commission, "widespread disenfranchisement and denial of voting rights" occurred, but "it is impossible to determine the extent of disenfranchisement or to provide an adequate remedy to the persons whose voices were silenced...by a pattern and practice of injustice, ineptitude and inefficiency." And Jeb Bush, Harris and other state officials were to blame--not for having "conspired to produce the disenfranchisement of voters" but for having ignored the needs of voters. The draft, which Jeb Bush denounced as unfair, notes that it would be appropriate for the Justice Department to investigate whether Florida state and county officials violated the Voting Rights Act. Jeb Bush's office squealed bias and grumbled about the timing of the draft's release.
As the commission's report and various media investigations show, thousands of Florida voters were the victims of widespread institutional neglect. That neglect may not have been designed as a campaign strategy, but it worked as well as if it had been. Republicans, after all, have long believed that their candidates fare better in races with low turnout. There is no question that Bush's twisted path to the White House was paved by voting-system problems unaddressed by his brother and Harris--and that he got the presidency because of the unequal treatment of Florida citizens.
It was, take it for all in all, a near-faultless headline: HENRY KISSINGER RATTRAPÉ AU RITZ, À PARIS, PAR LES FANTÔMES DU PLAN CONDOR. I especially liked the accidental synonymy of the verb rattraper. What a rat. And such a trap. It was in this fashion that the front page of the Paris daily Le Monde informed its readers that on Memorial Day the gendarmes had gone round to the Ritz Hotel--flagship of Mohamed Al Fayed's fleet of properties--with a summons from Judge Roger Le Loire inviting the famous rodent to attend at the Palace of Justice the following day. In what must have been one of the most unpleasant moments of his career, noted Le Monde, the hotel manager had to translate the summons to his distinguished guest. Kissinger left the hotel, surrounded by bodyguards, and later announced that he had no desire to answer questions about Operation Condor. He then left town.
Operation Condor [see Peter Kornbluh, "Kissinger and Pinochet," March 29, 1999, and "Chile Declassified," August 9/16, 1999] was a coordinated effort in the 1970s by the secret police forces of seven South American dictatorships. The death squads of Chile, Argentina, Brazil, Uruguay, Paraguay, Ecuador and Bolivia agreed to pool resources and to hunt down, torture, murder and otherwise "disappear" one another's dissidents. They did this not just on their own soil but as far away as Rome and Washington, where assassins and car-bombs were deployed to maim Christian Democratic Senator Bernardo Leighton in 1975 and to murder the Socialist Orlando Letelier in 1976. The Pinochet regime was to the fore in this internationalization of state terror tactics, and its secret police chief, Col. Manuel Contreras, was especially inventive and energetic.
Thanks to the efforts of Representative Maurice Hinchey, who attached an amendment to the Intelligence Authorization Act last year, we now know that this seven-nation alliance had a senior partner. At all material times, those directing the work of US intelligence knew of Operation Condor and assisted its activities. And at all material times, the chairman of the supervising "Forty Committee," and the key member of the Interagency Committee on Chile, was Henry Kissinger. It was on his watch that the FBI helped Pinochet to identify and arrest Jorge Isaac Fuentes de Alarcón, a Chilean oppositionist who was first detained and tortured in Paraguay and then turned over to Contreras and "disappeared." Contreras himself was paid a CIA stipend. Other Condor leaders were promised US cooperation in the surveillance of inconvenient exiles living in the United States.
Judge Roger Le Loire has had documents to this effect on his desk for some time and is investigating the fate of five missing French citizens in Chile during the relevant period. He has already issued an arrest warrant for General Pinochet. But he understands that the inquiry can go no further until US government figures agree to answer questions. In refusing to do this, Kissinger received the shameful support of the US Embassy in Paris and the State Department, which coldly advised the French to go through bureaucratic channels in seeking information. Judge Le Loire replied that he had already written to Washington in 1999, during the Clinton years, but had received no response.
On the Friday immediately preceding Memorial Day, another magistrate in a democratic country made an identical request. In order to discover what happened to so many people during the years of Condor terror, said Argentine Judge Rodolfo Canicoba Corral, it would be necessary to secure a deposition from Kissinger. And on June 4 the Chilean judge Juan Guzmán Tapia asked US authorities to question Kissinger about the disappearance of the American citizen Charles Horman, murdered by Pinochet's agents in 1973 and subject of the Costa-Gavras movie Missing (as well as an occasional Nation correspondent). So that, in effect, we have a situation in which the Bush regime is sheltering a man who is wanted for questioning on two continents.
Partly because I have written a short book pointing this out, I have recently been interviewed by French, British and Spanish radio and TV. Indeed, if it wasn't for that, I might not have learned of Kissinger's local and international difficulties for some days. The Financial Times carried a solid story on the Paris episode, with some background, the day after Le Monde. But in the New York Times, the Wall Street Journal, the Washington Post--not a line. And where were Messrs. Koppel and Lehrer? They usually find the views of "Henry" to be worthy of respectful attention. I admit my own interest, but I still feel able to ask: By whose definition is Kissinger's moment at the Ritz not news?
It is, meanwhile, practically impossible to open the New York Times without reading a solemn admonition, either from the Administration or from the paper itself. Colin Powell lectures Robert Mugabe. George Bush takes a high moral tone with Serbia. All are agreed that wanted men should be given up to international law. All are agreed that however painful the task, other societies must face their own past and shoulder their own grave responsibilities. For a long time I have found it somewhat surreal to read this righteous material, but the experience of ingesting it now becomes more emetic every day.
The seven Condor countries, groping their way back to democracy after decades of trauma, are making brave and honest attempts to find the truth and to punish the guilty. Time and again, commissions of inquiry have been frustrated because the evidence they need is in archives in Washington. And it is in those archives for the unspeakable reason that the United States was the patron and armorer of dictatorship. There is a heavy debt here. Is there not a single Congressional committee, a single principled district attorney, a single leader in our overfed and complacent "human rights community," who will try to help cancel it? Or are we going to watch while the relatives of the murdered and tortured seek justice by lawful means, and are waved away by armed bodyguards if they even try to serve a scrap of paper on the man whose immunity befouls us all?
The March 14 announcement by the Coca-Cola Company that it is scaling back its aggressive marketing strategy in public schools is a clear victory for opponents of schoolhouse commercialism. But it's unlikely that it will do much in the long run to halt the flow of sugary caffeinated drinks into the hands of schoolchildren. According to one soft-drink-industry insider, Coke has so little control over its independent bottlers and distributors that it couldn't turn off the school spigot even if it wanted to. "Local bottlers can't afford to turn down the contracts with schools, because they know a competitor will step right in--and Atlanta [Coca-Cola headquarters] knows this too," the industry expert told me. Executives at five large Coca-Cola bottling companies all said in interviews that they would continue to sign exclusive contracts with local schools if the schools still want them.
And want them they do. The sad reality is that public school officials are so thoroughly addicted to the cheap fix of soda money that they've become a chief ally of the soft-drink industry and a driving force behind school commercialization. In Ohio recently, local school officials defied a state order to stop peddling soda and candy to students while breakfast and lunch are being served (a violation of federal law) because it would have cut into their profits. The state is now threatening to withhold federal money from the schools. And in Maryland, school administrators and organizations like the National Association of Secondary School Principals joined forces with the bottlers, the vending machine lobby and companies like Channel One and Frozen to squash a bill aimed at limiting commercialism in Maryland public schools.
The measure--The Captive Audience/Stop Commercialism in Schools Act of 2001--would have required school boards to ban commercial advertising in schools, restrict soda and candy sales and prohibit the purchase of textbooks with commercial logos. "The lobbyists kicked my ass," said Democratic State Senator Paul Pinsky, the measure's chief author. Pinsky noted that his bill went down to defeat one day after Coke's announced policy changes and only after Coke lobbyists had checked back with the home office on how to proceed.
A similar scenario is shaping up in California, where a bill that would effectively ban sales of soda and junk food in state schools is facing opposition from school officials and the California-Nevada Soft Drink Association. Ironically, the measure was drawn up in cooperation with leading child nutrition experts and school nutrition directors, who increasingly find themselves on the opposite side of school-health issues from their bosses.
Through contracts with Coke and Pepsi, some schools are raising as much as $100,000 a year, money that pays for things like band uniforms, field trips, team sports and computer rewiring. But in exchange schools become indentured to the corporations. Typically, the contracts require that schools sell a set quota of soft drinks each year (with cash incentives for selling more). This transforms schools from the status of being mere custodians of vending machines into active sales agents for soda. In Colorado Springs in 1998, for example, school officials sent teachers a letter urging them to allow students to drink Coke in class and suggesting that they keep soda machines on twenty-four hours a day [see Manning, "Students for Sale," September 27, 1999].
There can be no solution to the commercialization of public education until public schools are adequately and equitably funded. The Bush Administration will offer little help. Education Secretary Rod Paige signed a $5 million, five-year contract with Coca-Cola while superintendent of the Houston public schools and has proposed no solutions to the school funding crisis.
Consequently, parents and community activists should encourage local school boards to find other solutions to their budget problems. One obvious solution is higher taxes, an option that school districts are loath to propose. But as Andy Hagelshaw, the director of the Center for Commercial-Free Public Education, points out, none of the approximately 250 exclusive cola contracts in effect nationally pay out more than $10 to $15 extra per pupil per year, less in bigger school districts. Surely, paying $10 a year more in school taxes is a good investment if it helps eliminate corporate hucksters and exploitation in schools. There are other funding alternatives as well, many of which the center helps schools adopt and implement: For example, instead of relying on the soda subsidy, many school districts are negotiating beneficial arrangements with smaller local businesses that contain no advertising or commercialism. Nationally, the Algebra Project, which produces a math curriculum and provides teacher training to urban schools, has accepted corporate underwriters who receive nothing in return except a brief mention in an annual report.
The failure of educators to think critically about the impact of school commercialism on the quality of schools is a terrible ethical lapse. It's time for the education establishment to think twice before it sells out its students to the highest bidder.
Memo to editors of campus papers: When the next right-wing ideologue shows up with an ad full of nonsense, just take the money and print it. That way, they will not be able to pose as the victim of "political correctness," they will not get millions of dollars' worth of free publicity and their ideas will not acquire the glamour of the forbidden. By the same token, you will not look afraid of debate and controversy, nor will you have to explain why you rejected their ad while printing something equally false, offensive or stupid on some previous occasion.
Never mind that the people accusing you of censorship practice it themselves: In an amusing riposte to David Horowitz's flamethrower ad opposing reparations for slavery, Salon's David Mazel proved unable to place an enthusiastically pro-abortion ad in papers on conservative campuses; and as Fairness and Accuracy in Reporting points out, the Boston Globe, which editorialized against students who rejected the Horowitz ad, itself rejected an ad criticizing Staples, a major advertiser, for using old-growth forest pulp in its typing paper. So there, and so there! But you're in a better place to make such arguments stick if you can stand--however cynically and self-servingly--on the high ground of free speech yourself.
Just as Horowitz faded, having shot himself in the foot by refusing to pay the Daily Princetonian after it printed his ad but editorialized against it, up comes the soi-disant Independent Women's Forum--you know, that intrepid band of far-right free spirits funded by the ultraconservative Sarah Scaife Foundation--with an ad in the UCLA Daily Bruin and Yale Daily News urging students to "Take Back the Campus!" and "Combat the radical feminist assault on Truth." The IWF charges "campus feminism" with being "a kind of cult" in which "students are inculcated with bizarre conspiracy theories about the 'capitalist patriarchal hegemony,'" a fount of "Ms./Information," "male-bashing and victimology." Brainwashing isn't exactly what comes to mind when I think of the revolution in scholarship that has produced such celebrated historians as Linda Gordon, Ellen DuBois, Joan Scott, Rickie Solinger, Leslie Reagan and Kathy Peiss. The sweeping, paranoiac language gives it away--this is IWF member Christina Hoff Sommers speaking from her perch at that noted institution of higher learning, the American Enterprise Institute.
The bulk of the ad consists of a list of "the ten most common feminist myths" and the "facts" that supposedly prove them false. Much of this is lifted from Sommers's Who Stole Feminism?, a book that attempted to deploy a few gotchas against hyperbolic statistics and questionable studies to deny the significance of violence, sexism and discrimination in women's lives. I mean, how important is it that "rule of thumb" may not derive, as some feminist activists believe and some newspapers have printed, from an old legal rule permitting husbands to beat their wives with a stick no thicker than their thumb (Myth #4)? Feminists did not make this folk etymology up out of nothing--actually, according to Sharon Fenick of the University of Chicago, writing on the Urban Legends website, it probably goes back to the eighteenth century, when the respected English judge, Francis Buller, earned the nickname "Judge Thumb," for declaring such "correction" permissible. That it was legal for premodern English husbands to beat their wives within limits is not in dispute (in her book, Sommers obscures this fact by omitting the Latin phrases from a passage in Blackstone's Commentaries); nor is the fact that wife-beating, regardless of the law, was, and sometimes still is, treated lightly by the legal system under the rubric of marital privacy. Thus, in 1910 the Supreme Court, in Thompson v. Thompson, barred wives from suing husbands for "injuries to person or property as though they were strangers." (I learned this, and much else relating to the history of American marriage, from Yale feminist historian Nancy Cott's fascinating Public Vows: A History of Marriage and the Nation.)
And what about Myth #2, "Women earn 75 cents for every dollar a man earns." That doesn't come from some man-bashing fabulator squirreled away in a women's studies department. It comes from the US government! The IWF argues that the disparity disappears when you take education, training, occupation, continuity of employment, motherhood and other factors into account--but even if that were true, which it isn't, to overlook all those things is itself advocacy, a politicized way of defining sex discrimination in order to minimize it.
And then there's #1, the mother of all myths: "One in four women in college has been the victim of rape or attempted rape." The IWF debunks this number, which comes from the research of Mary Koss, by citing the low numbers of reported rapes on college campuses, but the one-in-four figure includes off-campus and pre-college rapes and rape attempts. Are Koss's numbers the last word? Of course not. In 1998 the Centers for Disease Control and Prevention found that among all women, one in five had experienced a rape or attempted rape at some point in her life. In January the Justice Department released a report claiming that 3 percent of college women experience rape or attempted rape per school year, which does add up over four years.
Does irresponsible, lax or even slanted use of facts and figures exist in "campus feminism"? Sure--and out of it, too. (Try economics.) But what does that have to do with women's studies, a very large, very lively interdisciplinary field of intellectual inquiry, in which many of the supposed verities of contemporary feminism are hotly contested? The real debate isn't over the merits of this study or that--in social science "results" are always provisional. Now that the IWF has thrown down the gauntlet, feminist scholars should call for that real debate--Resolved: Women's lives were more seriously studied and accurately understood when almost no tenured professors were female. Or, Resolved: Violence against women is not a major social problem. Or, Resolved: If women aren't equal, it's their own darn fault.
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