The Nation US 21st Aug 2023
The Nation US 21st Aug 2023
The Nation US 21st Aug 2023
E S T. 1 8 6 5
THE MANY
ENIGMAS OF
OPPENHEIMER
JORGE COTTE
BARBIE’S
REINVENTION
MOIRA DONEGAN
F E AT U R E S
B&A
EDITORIAL
4 14 THE ARGUMENT
Israel’s Warring The Case for
16 The Library Wars
SASHA ABRAMSKY
Myths
AMJAD IRAQI
More Strikes
LUIS FELIZ LEON
B O O K S the
A R T S
K A L I H O L L O W AY 12 Deadline Poet
The “legal entrepreneur” behind the Valuable Training
Opportunity
movement to kill affirmative action. 24 C A LV I N T R I L L I N
28 “We’re Just
Here to Observe”
J O C E LY N S I M O N S O N
“ Trump didn’t have a problem with
the existence of a so-called deep
34
NIALL CARSON / PA IMAGES VIA GETTY IMAGES
How courtwatchers are shifting the state; his problem was with a deep Cover illustration:
VOLUME
power dynamics in criminal courts. state he didn’t control. 10
” ROSS MACDONALD
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E D I T O R I A L / A M J A D I R A Q I FOR T H E N AT I O N
For Charlie Kesslering, a screenwriter and WGA to Netflix lays on the horn at the coaxing of a
captain who is also on the picket line, putting stronger striker with a bullhorn. “Chants like ‘Hey hey,
guardrails around the use of AI is also essential. He The last time ho ho, LA is a union town’—it’s true! It really
wants movies to stay human. “It’s less about whether it a strike of this is,” says Ben Keller, a SAG-AFTRA member
threatens my job and more whether it comes to threat-
en the things I grew up loving,” he says—meaning the
size happened, (and former Teamster). Already this spring and
summer, LA has seen strikes by teachers, dock
films that made him want to make his own. Ronald Reagan workers, and hotel workers.
Unexpectedly, SAG-AFTRA may be more united was president— SAG-AFTRA’s entry into the fight has
now than it has ever been. Since the film and television of the Screen helped boost the WGA’s strike with not only
actors’ unions merged in 2012, the new, larger union
has been rife with internal discord, disagreements over
Actors Guild, worker power but also star power. Verrone
says wryly that it’s a classic case of “the writers
strategy, and bad blood from past skirmishes. But in early not the country. come up with the ideas, and the actors make it
June, nearly 98 percent of the members who voted opted look good.” Outside Netflix’s back entrance,
to authorize a strike. Sharma, who has been critical of the union’s lead- Keller bounces around, using a cartoon-villain voice—think
ership in the past, says that SAG-AFTRA’s initial proposal was “unlike Plankton from SpongeBob SquarePants—to encourage the
anything that we’ve come in [with] in recent history.” picketers to “high-five” his sign with theirs. An older actor
“Everybody knows that we’re stronger together,” he continues. tells me that I missed Marianne Williamson on the picket
“Despite the mistakes of the past, everybody came together to really line by a day, then notes her resemblance to Sally Field, who
resoundingly say that this isn’t right. And we deserve more.” won an Oscar for a film about a strike. “There’s only one
Sharma credits the union’s president, Fran Drescher, the cocreator thing these people care about, and that’s money,” he says of
and star of The Nanny, with helping to mend some of the studio heads.
the rifts of the past. Drescher is a beloved figure from The de facto production shutdown has had a cascad-
the days of network television and is known for her fiery ing effect, with craft union members across town now out
anti-capitalist rhetoric. Her July
13 speech announcing the work
stoppage—“They stand on the
wrong side of history at this very
moment! We stand in solidari-
ty!”—went viral, and on July 18,
On the picket line: SAG-AFTRA and WGA workers
picket outside Netflix offices on July 19.
they’re certainly not hurting morale. On the picket line, the marching with their signs. “Nothing we’re asking for
near-constant honking in support of the striking workers is unreasonable.” N
punctuates their chants. The most resounding endorsements
come from fuel trucks; the driver of a semi delivering wares Piper French is a writer living in Los Angeles.
7
T H E N AT I O N 8.21–28.2023
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A+
T H E N AT I O N 8.21–28.2023
T h e N a t i o n. com /h i gh l i g hts
Giuliani’s proximity to Trump permitted the team to imply that they
i Abortion were acting in an official capacity. Parnas, through his lawyer, later said that
LIGHTROCKET VIA GETTY IMAGES; ILLUSTRATION: JOE CIARDIELLO
Denied: Repro- he floated to a Ukrainian official that Vice President Mike Pence wouldn’t
ductive Injustice attend Volodymyr Zelensky’s inauguration unless the new president an-
Behind Bars nounced an investigation into Biden and his son Hunter, who was appointed
VICTORIA LAW to the board of a Ukrainian energy company. It culminated in the Trump
administration freezing $400 million in weapons intended for Ukraine until
i I Stand by Ev- Zelensky did Trump the “favor” of investigating Biden. All this is familiar
ery Word of My enough, since it was the centerpiece of Trump’s first impeachment.
Palestine Speech Less often remembered is that Trump didn’t stop the arms provisions.
FAT I MA In 2018, Trump supplied Ukraine with its first Javelin anti-tank missiles, a
MO HA MME D
10 weapon that came to symbolize US allyship early in Russia’s invasion. During
his impeachment, Trump didn’t argue that cutting off weapons to Ukraine
T H E N AT I O N 8.21–28.2023
was necessary to stop a NATO grift that detention. They reflect long-standing right-
was pulling “the world into a conflict with a wing aspirations and have conservative leg-
nuclear-armed Russia.” He instead boasted, Trump’s ambitions as acy infrastructure behind them. The Times
as an exoneration tactic, about surpassing a dictator represent reports that the Heritage Foundation leads
Barack Obama’s security aid to Ukraine. Project 2025, which Heritage president
Trump isn’t interested in stopping a US
the next turn of the Kevin Roberts calls a blueprint for “dis-
security strategy that he currently decries as ratchet for the “unitary mantling the rogue administrative state.” It
a glide path to world war. He wants to make executive” theory. is intended for use by any Republican who
that security strategy work for himself. ends up in the White House.
Giuliani’s Ukraine escapade should be seen in the same light. The point of purging the security state is to make sure that
This is the future of US intelligence that MAGA wants: aiming the people who staff it won’t stand in Trump’s way as he targets
its expansive, intrusive tools at domestic political opponents. his domestic enemies with the most intrusive means the gov-
We saw that unfold in the summer of 2020, when Trump sicced ernment possesses. The crackdown on the George Floyd pro-
the Joint Terrorism Task Forces on antifascists and Black Lives tests in the summer of 2020 was a prologue for what will happen
Matter protesters, sent drones into the skies above 15 cities, and should Trump return to power—and after 2016, there is no
had Homeland Security stuff demonstrators into unmarked vans excuse for thinking Trump can’t win. That means that the sur-
in Portland, Ore. Almost immediately after Trump lost the 2020 veillance and detention authorities, operations, and institutions
election, one of the two flunkies he installed as head of national that emerged out of the War on Terror must be understood as
intelligence, Richard Grenell, baselessly declared that Demo- weapons in the hands of a president determined to wield them
crats were stealing the election in Nevada. The other flunky, against Americans. These powers must be abolished before he,
John Ratcliffe, recently told Breitbart that China may have com- or another president, makes full use of their potential. That is
promised Biden—yes, Biden, whose initiatives to block China’s how to uproot a deep state—and stop an elected dictatorship
access to microchips critical to its economy risk precisely the before it starts. N
kind of disastrous great-power war
that allegedly worries Trump.
Trump could hardly be clearer O P P A R T / J E N S O R E N S E N
about his intentions. In the same video
pledging to purge the deep state, he
names the “greatest threat to West-
ern Civilization,” and it isn’t a foreign
threat. It’s a litany of right-wing domes-
tic grievances about everything from
insufficiently brutal border enforce-
ment to falling fertility rates. Among
them: “the Marxists who would have
us become a Godless nation worship-
ing at the altar of race and gender and
environment.” Even China, against
whom Trump launched a cold war that
Biden has run with, registers only as a
subsidiary foe in the predatory machi-
nations of the “globalist class.” Group-
ing Marxists and capitalists together is
notable less for its incoherence than
for displaying the right’s appetite for
domestic retribution.
Making the president an elected
king, capable of eliminating pockets
of independence within the executive
branch, is not Trump’s idea. His am-
bitions as a dictator represent the next
turn of the ratchet for the “unitary ex-
ecutive” theory familiar from George
W. Bush’s presidency, when it was
used to justify torture and indefinite
T H E N AT I O N 8.21–28.2023
By the
Numbers
(the CEO of Warner
Bros. Discovery) in 53% C A LV I N T R I L L I N
the past five years Growth of Holly-
wood executive
DeadlinePoet
$377M
Barbie’s opening-
salaries between
2018 and 2021 Valuable Training
Opportunity
weekend gross
29.6% “Slaves developed skills which, in some
65%
FROM TOP: AFP VIA GETTY IMAGES; CHRIS PIZZELLO / AP PHOTO
Portion of screen-
writers in 2020 instances, could be applied to their personal
Portion of Barbie’s who were women benefit.”
opening-weekend —Florida’s African American history standards
audience who were
women 14%
Amount by which It sounds like an internship program
screenwriter pay
64% declined in the
past five years
With spots that weren’t easy to win.
$498M
Earnings of the
Portion of
Hollywood’s ex-
ecutive producers
For instance, you had to get kidnapped
And hauled off in chains to get in.
highest-paid Holly- in 2020 who were
wood executive white men
T H E N AT I O N 8.21–28.2023
cism” [ June 26/July 3] is an and have written about it. COPY DIRECTOR: Clay Thurmond
insightful, if still dishearten- The parallels between then RESEARCH DIRECTOR: Samantha Schuyler
COPY EDITOR: Rick Szykowny
ing, addition to the louden- and now of overfinancing
MULTIMEDIA EDITOR: Ludwig Hurtado
ing discussions surrounding and the terrible results for ENGAGEMENT EDITOR: Alana Pockros
urban planning in the United the affordability and decency ASSOCIATE LITERARY EDITOR: Kevin Lozano
States, especially concerning of people’s homes are very ASSISTANT COPY EDITORS: Haesun Kim, Lisa Vandepaer
the suburbs. disturbing. In 1987, the WEB COPY EDITOR/PRODUCER: Sandy McCroskey
NWBCCC and the Univer- ASSISTANT TO THE EDITOR: Ricky D’Ambrose
I’m a 24-year-old from a DC BUREAU CHIEF: Chris Lehmann
middle-class Midwestern sity Neighborhood Housing
INTERNS: Faith Branch, Mara Marques Cavallaro, Gemma Sack, Thea Smith,
suburb, and for a long time I Program realized that Fred- Kelli Weston • Janice Han (Design), Peter Lucas (Business)
didn’t know how to verbalize die Mac was making very NATIONAL AFFAIRS CORRESPONDENTS: Jeet Heer, John Nichols, Joan Walsh
the feeling of malaise that large mortgages on Bronx JUSTICE CORRESPONDENT: Elie Mystal
apartment buildings. By 1989, COLUMNISTS: Spencer Ackerman, Alexis Grenell, Kali Holloway, Jane
suburbia conjures within me. McAlevey, Katha Pollitt, Adolph Reed Jr.
But now the reasons are all Freddie Mac held $663 mil- DEPARTMENTS: Abortion Access, Amy Littlefield; Architecture, Kate Wagner; Art,
too clear. In too many suburbs lion in debt on more than 700 Barry Schwabsky; Civil Rights, Rev. Dr. William J. Barber II; Defense, Michael
buildings in the Bronx. To T. Klare; Environment, Mark Hertsgaard; Left Coast, Sasha Abramsky; Legal
around the country, there are Affairs, David Cole; Music, David Hajdu, Bijan Stephen; Palestine, Mohammed
too few accessible public green pay that debt, landlords raised El-Kurd; Poetry, Kaveh Akbar; Public Health, Gregg Gonsalves; Sex, JoAnn
spaces, a deluge of sparsely in- rents (legally and illegally) Wypijewski; Sports, Dave Zirin; United Nations, Barbara Crossette; Deadline
and cut services to tenants. Poet, Calvin Trillin
habited or lifeless commercial CONTRIBUTING EDITORS: Robert L. Borosage, Bob Dreyfuss, Susan Faludi,
developments tied together The tenants organized, con- Thomas Ferguson, Melissa Harris-Perry, Doug Henwood, Anna Hiatt,
by car dependency, and a fronting both the landlords Naomi Klein, Sarah Leonard, Michael Moore, Eyal Press, Joel Rogers, Karen
and Freddie Mac. Freddie Rothmyer, Robert Scheer, Herman Schwartz, Bruce Shapiro, Edward Sorel,
pervasive air of individualist Jon Wiener, Amy Wilentz
classism. From its terrible Mac said it knew what it was CONTRIBUTING WRITERS: Eric Alterman, David Bacon, Ross Barkan, James
environmental impacts to doing. But it didn’t: In 1989 Carden, Zoë Carpenter, Wilfred Chan, Michelle Chen, Bryce Covert,
and 1990, Freddie Mac lost Liza Featherstone, Laura Flanders, Julianne Hing, Joshua Holland, Greg
its contributions to political Kaufmann, Stephen Kearse, Richard Kreitner, Amy Littlefield, Dani
elitism and social isolation, $278 million on its multifam- McClain, Ben Moser, Ismail Muhammad, Vikram Murthi, Erin Schwartz,
suburbia is a hidden blight on ily portfolio—half its total Scott Sherman, Mychal Denzel Smith, Patricia J. Williams, Jennifer Wilson
the lives of millions. I urge losses for the period, even EDITORIAL BOARD: Emily Bell, Deepak Bhargava, Kai Bird, Frances FitzGerald,
Bill Fletcher Jr., Eric Foner, Bill Gallegos, Greg Grandin, Richard Kim,
The Nation to further empower though multifamily lending Tony Kushner, Elinor Langer, Malia Lazu, Richard Lingeman, Deborah
its readers to understand how was a small fraction of its W. Meier, Walter Mosley, Khalil Gibran Muhammad, Victor Navasky, Pedro
lending. The real losses were Antonio Noguera, Richard Parker, Elizabeth Pochoda, Albert Scardino,
their environment shapes their Rinku Sen, Waleed Shahid, Dorian T. Warren, Gary Younge
lives and to give them the felt by tenants who suffered DIRECTOR OF OPERATIONS: Denise Heller
tools to design (and redesign) poor housing conditions, ASSOCIATE PUBLISHER, SPECIAL PROJECTS: Peter Rothberg
the more sustainable, more faced higher rents, or lost VICE PRESIDENT, COMMUNICATIONS: Caitlin Graf
fulfilling, and more accessible their apartments. Freddie E-MAIL MARKETING MANAGER: Will Herman
Mac should be using its gov- ASSOCIATE PUBLISHER, DEVELOPMENT: Guia Marie Del Prado
types of communities the US DEVELOPMENT MANAGER: Lisa Herforth-Hebbert
so desperately needs. ernment-backed financing DEVELOPMENT COORDINATOR: Laurel Larson-Harsch
Dayton, Wash.
odd vandenbark stands at a table in the dayton memo-
rial Library and spreads out a cluster of books. All are aimed
at children and young adults, with titles such as What’s the
T?, Gender Queer, This Book Is Anti-Racist, and When They
Call You a Terrorist: A Black Lives Matter Memoir. They focus
on race relations or issues of sexuality and gender identity and include titles that
were bought to help celebrate Pride Month or Black History Month. Some are
cardboard books, usually housed on the basement shelves that form the young
children’s section. They include Being You, Our Skin, and Yes! No!, which explore
issues of sexuality and consent in a way that kids who are still learning to read
might understand.
Over the past couple of years, movements that seek to ban books with
LGBTQ+ or racial justice themes have picked up steam in GOP-controlled
states around the country. Pro-censorship groups have sprung up at both the
local and national levels, pioneered by a Florida outfit with the Orwellian ap-
pellation Moms for Liberty. The organization is endorsed by Steve Bannon, the
Heritage Foundation, and other avatars of the hard right and has more than 200
local chapters. Egged on by such groups, legislatures in Texas, Florida, Okla-
homa, Idaho, Indiana, and other states have either passed or are considering
policies restricting what sorts of books can be on school library shelves or lent
to children from public libraries. The tiny town of Dayton is one of the latest
flash points of this effort to limit what young readers can access.
Dayton is in the heart of southeastern Washington’s farm country, nearly
300 miles from Seattle, 125 miles from Spokane, and 270 miles from Portland,
Ore., making it about as far from the region’s big cities as it is possible to be.
The little town’s Main Street is lined with old stores and cafes, including a drug-
store that still has its original soda fountain. The overwhelming majority of its
residents are white, and most are conservative; in recent elections, upwards of
70 percent of the county voted for GOP candidates.
In the early 19th century, Lewis and Clark’s expedition traveled through this
region. More than half a century later, following the routes of the new cross-
country railroads, pioneers began settling small communities like Dayton, which
was founded in 1871. By the early 20th century, townsfolk and nearby farmers,
many of them growing apples and Bartlett pears on the sprawling orchards that
drew water from the Touchet River, were pitching in for a fund to create a library,
selling baked goods and scrap metal to raise money. In the 1930s, then-Governor
Clarence Daniel Martin reputedly donated $5,000 of his own money to the li-
brary fund. And in 1937, in the heart of the Great Depression, WPA crews finally
made that hope a reality, building the little brick library on South Third Street
where Todd Vandenbark became the director in early 2021. That federal invest-
ment in local literacy—the sort of investment fiercely opposed by much of the
right today—gave the out-of-the-way community access to a collection of books
that could never have been matched by any of the town’s private individuals.
For the better part of a century, the library was run by the who identifies as a lesbian and lives in what she
small town—Dayton’s population, even today, is only around calls a “two-mom” household, says she doesn’t
2,500 people—and offered free borrowing privileges to all care whom adults decide to sleep with. She
Columbia County residents. But in the early 2000s, when the does, however, believe that there is a threat of
library faced insolvency, three-quarters of the county’s voters “hyper-sexualization” of young children from
chose to establish a library district that would tax all county books with graphic content.
residents so that the library could survive and flourish. “The images are not blocked out,” Bess
But now the library is under attack. Would-be censors says, referring to the scenes in Gender Queer
were marshaled on Facebook by a depicting fellatio and masturbation. “That’s
young mother of two—and a one- pornographic. It’s not educational to learn how
time library worker in the nearby to perform a blow job at 12 years old, or how
townlet of Prescott—named Jessica to insert your fingers in a vagina. That’s not
Closet doors that have Ruffcorn. Motivated by religious educational. Our kids can’t even tell time on a
been painstakingly and political objections to the con- regular clock, and two-thirds of kids can’t read
tent of certain books, Ruffcorn and at grade level. We need to go back to reading,
pushed open over the her followers are demanding that writing, and math.”
past 60 years are now the “offensive” materials be re- For Amy Rosenberg, a trained librarian and
moved from the children’s section member of the Dayton-based group Neighbors
being slammed shut. and placed on the highest shelves United for Progress, which was formed last year
in the adult section, preferably with to push back against the attacks on the library
warning labels pasted onto their and other conservative initiatives, this is a dis-
covers. The effort began with a hit ingenuous argument. Yes, of course kids should
list of a handful of books, which soon grew to a dozen. At last be taught the basics in schools, but she also be-
The warriors: Moms
for Liberty’s Tia Bess count, the number exceeded 100 volumes. According to a lieves they should be allowed to read books that
with Florida Governor representative of Moms for Liberty, the group has no chapter might be outside their parents’ comfort zone,
Ron DeSantis at the in the area and is not involved in the campaign, but many of even if others find those books to be in dubious
group’s Philadelphia these titles have also been identified by Moms for Liberty as taste. When Rosenberg was a librarian, she re-
summit in June.
being particularly objectionable. calls, laughing, she would routinely stock books
When Vandenbark and his colleagues, backed up by the that she found offensive—such as children’s
library’s five-member board books by Rush Lim-
of trustees, refused to cave baugh—because patrons
to Ruffcorn’s demands, the group went for the had requested them or
nuclear option, circulating a petition to put a shown an interest in
measure on this year’s November ballot to dis- them. That was, she
solve the library system altogether. If it succeeds, said, the give-and-take
the community will lose its library and all of the of any library—a kind
services that the institution offers to residents in of freedom represented
the town and the surrounding rural county—a by the institution that is
stark small-town example of the changes a grow- now under threat in the
ing movement is trying to make across America. name of “liberty.”
“There’s an outrage
oms for liberty, which has machine in the coun-
become notorious for targeting try, and it’s continual-
libraries, originated during the ly putting fuel in and
pandemic, when it focused on throwing things against
fighting mask mandates, school the wall and seeing what
closures, and, in the wake of the 2020 George Floyd racial justice protests, any- sticks,” Rosenberg says over a beer in the gar-
thing that could be labeled “critical race theory.” In the years since, using the den of a little pub on Main Street. “Perceived
rhetoric of “parental rights,” it has spearheaded the growing opposition to the obscenity always sticks. I don’t understand the
discussion of gender and sexuality in the classroom, mobilizing campaigns to correlation between books on a shelf and harm-
remove books with gay and transgender themes from school libraries and from ing or grooming children. It doesn’t make sense
children’s sections of public libraries. It claims to have members representing all to me—but it sure seems to resonate.”
races and political leanings, including at least some members of the gay commu- And resonate it has. In the name of “parental
nity who share its objections to the content of books such as Gender Queer, with its rights,” closet doors that have been painstak-
MICHAEL M. SANTIAGO / GETTY IMAGES
explicit illustrations of sexual acts, and This Book Is Gay, which makes reference to ingly pushed open over the past 60 years are
the hook-up app Grindr—prompting some critics to claim that the book serves to now being slammed shut again in communities
encourage teenagers who might want to use the app to seek out sexual encounters. across America. Conservative political leaders
“We want to make sure the library books aren’t violating state statutes,” says in Florida, Texas, and other red states have
Tia Bess, an African American mother of three from Florida’s Clay County who vied with one another to sign the most restric-
is Moms for Liberty’s national director of engagement. “If you look at the Flor- tive laws against doctors providing medical
ida state statutes, it describes what is obscene—genitalia being exposed.” Bess, care to the transgender community, libraries
18
T H E N AT I O N 8.21–28.2023
which was part of the reason he had fought so hard to keep comment proclaimed that “The IDIOTS who
the books available in the children’s section of the library. It are promoting this crap need to be in prison,
was a position that infuriated his opponents. Ruffcorn posted or pushing daisies up from the roots.” Another
20
s
he y Wa r
T
r ar
T H E N AT I O N 8.21–28.2023 b
i
L
called Vandenbark’s book choices a deliberate books and threatening to close the library is a bridge too far. As
effort to desensitize and “groom” children. a mother herself, she remembers how much the library meant
Offline, he faced down a group called Colum- to her when she was young.
bia County Conservatives (CCC), run by a “I was always an avid reader,” Severe says. “I’d challenge
former county commissioner and special forces myself to read the classics over the summer—Jane Eyre, Lady
operative named Chuck Amerein, which took a Chatterley’s Lover. I had this huge list that I was very proud to
slightly different tack: While CCC’s members tick off. The best time to read was in the harvest field—it was
also opposed the content of the books that were hot, sunny, quiet.”
being displayed in the kids’ section, their rhet-
oric tended to focus more on what they saw as
the library’s waste of taxpayer dollars. This was
in keeping with the group’s broader worldview:
It has also opposed the building of a child care
center—one member spoke out at a public
meeting to say the service was unnecessary be-
cause women should stay at home and look after
their kids—as well as a bike trail and a com-
munity center. (Amerein didn’t return phone
messages asking him to comment for this story.)
Throughout this period, the library’s
five-person board of trustees backed up Van-
denbark, despite the recent appointment of a 300 signatures, and that she was
member of Columbia County Conservatives to confident the proposition would be on the ballot come No-
the board by the conservative county commis- vember. “There are a lot of people upset about the books
sioners. “Nothing got banned,” says Jay Ball, and budget, and a lot of people not happy with our director,”
a book-loving auto mechanic who moved to Ruffcorn said. “We’ve asked to have a few books moved and a
Out and visible:
Dayton in the early 2000s and is currently chair policy to protect our kids. We’ve been shot down every time.” Regina Weldert, a
of the library board. “We’re in the middle of If the referendum passes, the library will be defunded, transgender resident
it. It’s not that much fun. But we stick with it.” its collection seized by the state and distributed to the state of Dayton, opposes
Elise Severe, a 36-year-old self-proclaimed library, and a treasured local institution will bite the dust, the campaign against
“opinionated stay-at-home mother” who grew a casualty of America’s take-no-prisoners culture wars. Yet the library.
up on a wheat farm just outside town, isn’t tak- Ruffcorn, a diminutive, soft-spoken young mother who
ing any chances. Worried that the library board homeschools her kids and heads the local Little League,
wouldn’t have the strength, in the long run, to doesn’t see her campaign as censorship, but rather as a fight for individual free-
stand up to a large community effort to defund dom: the right for parents to limit the flow of information to their children.
the library or to stop the county’s rightward To her and her Facebook followers, books about young people exploring their
lurch, she set up a political sexuality are simply pornography by another name. And
action committee, Neigh- allowing children to peruse these books in the library, es-
bors United for Progress. pecially those that validate gay and transgender feelings,
It’s made up of moderates makes librarians little better than pedophiles and groom-
from both political parties ers. Ruffcorn’s Facebook profile image carries the motto:
and has a mission to push “Let men be masculine again. Let women be feminine
back against Ruffcorn, again. Let kids be innocent again.”
Amerein, and other local Standing on her front porch in a T-shirt reading
agitators. NUP’s members “Adulting Requires Alcohol,” Ruffcorn argued that the
have been putting forth books she had targeted “involved sexually explicit ma-
alternatives to CCC’s po- terial, sexual material involving minors, abuse against
sitions at public hearings, minors,” as well as “racial topics—basically racist books.”
educating residents about Ruffcorn felt that placing these books at the eye level of
the dangers of Ruffcorn’s young children exposes them to offensive ideas against
efforts, and recruiting their will and against the wishes of their parents. “My
slates of candidates to run 8-year-old, looking for a dinosaur book, doesn’t need to
for public office against come upon a sex book instead,” she says.
hard-right candidates. Ruffcorn’s actions have sparked a furor in Dayton,
The group’s chosen candidate for county com- and even many conservatives there say she has gone too far. “I’m a conservative
missioner, a moderate conservative named Jack Christian. I’ve been in church leadership for 20 years,” says Tanya Patton, a
Miller, defeated Amerein last year in the first of special-education teacher who led the campaign to create the library district
what they hope will be several electoral victories nearly 20 years ago. But, she says, “I support 100 percent the freedom to read. I
GEORGE GAGNON
in the coming years. Severe has even convinced believe passionately in libraries and the value of libraries.” In a town as small and
her parents, both of them moderately conserva- remote as Dayton, the library provides benefits to its residents that would other-
tive by temperament, that restricting access to wise remain lacking. In the information age, libraries function as much more than
21
ar s
T
he
r y W
a
br T H E N AT I O N 8.21–28.2023
i
L
places to borrow books—they provide access to computers, attends the classes. Nobody goes to the teen
public space, and various social services. events or the computer classes. It’s a very small
“It doesn’t make sense to me,” Patton says. “I have the group that go to the story hour. The librarian
right to take the books out or not take them out. If there’s a has pushed people away; they don’t think it’s a
movie on TV, I have the right to watch it or not watch it. But safe space anymore.”
I don’t have the right to tell others what to watch or read. It In spite of Ruffcorn’s claim to speak for the
doesn’t seem right to me that one person or group of people broader community, her disregard for the li-
is making moral or ethical judgments about certain content brary was hardly unanimously embraced—even
and saying it needs to be singled out among those who otherwise shared her values.
and labeled as dangerous.” More- “Dayton is a small-town, good-old-boy place,
over, she says, the whole thing is where certain things are not accepted,” one
a red herring: If kids want to find very religious, very conservative worker at the
Library-defunding certain material, all they have to local drugstore told me. But she couldn’t get
do these days is whip out their on board with the anti-library effort. “It would
battles are unfolding smartphones. To Patton’s mind, re- be very detrimental to our community if the
all over the country, moving books from libraries simply library were to be closed,” she said. “I was at
makes them desirable contraband. the library today, printing some papers on my
including just across In mid-June, Ruffcorn turned lunch hour, and I got a movie. That’s how I
the state line in Idaho. in 16 pages of signatures to the spent my lunchtime.”
county courthouse for verification.
She told me that she put the odds of
the measure passing at about 50/50.
But by that time, the local prosecutor had sent a letter to
the state attorney general asking for an informal opinion on
The battleground:
whether the dissolution petition was constitutional. There
Dayton Memorial was a strong legal argument to be made against putting such
Library, the heart of a measure on the ballot in the first place. In another twist,
the rural library dis- the attorney general concluded that because of an obscure
trict now threatened provision in the state Constitution regarding rural library
with closure.
districts, only residents of the unincorporated part of the
county would get to vote on the measure; Dayton’s residents,
bizarrely, would have no say. That was yet another reason why opponents hoped
that their own attorney would be able to persuade a judge to block the initiative. Last year, a group called Concerned Citizens
As it turned out, days after Ruffcorn submitted her petition, the court ruled of Meridian began encouraging its members to
that a majority of the signatures were illegitimate, leaving her campaign a handful attend library board meetings. They presented
of signatures short of what it needed. The rules stipulated that she would have to lists of books that they said needed to be either
start from scratch, gathering all of the signatures all over again. removed from the library or cordoned off—much
But the petition itself wasn’t the only cause for alarm. It’s likely that the as pornographic videos used to be restricted to
conservative three-person Board of County Commissioners will, in the coming adults-only sections in video rental stores. When
years, continue to appoint people to the library’s board who reflect the values the librarians and trustees responded that they
of Ruffcorn and her fellow petitioners. In other words, Ruffcorn could lose in wouldn’t enforce censorship, CCM returned
November and yet still ultimately come out on top, setting a precedent in which (continued on page 29)
a few angry citizens would get to dic-
tate to librarians which books should
carry warning labels, or be relegated
to the top shelf of the adult section,
or require parental approval for a
child to check out.
Ruffcorn wasn’t concerned about
the resources that would be lost if
the library were dissolved. In fact,
she questioned the value of the insti-
tution altogether. “I think libraries
in this digital world are becoming
less and less of a priority,” she told
me. “We have enough resources in
this town to make up some of the
losses. The way our library is being
run doesn’t make it an asset any
JAY BALL
Red Meat
Abortion has become a toxic issue for
eral government’s involvement in schools. “We
don’t need a federal Department of Education,
folks!” Walters said, as the audience went wild,
roaring and clapping. “Lotta moms like to hear
Republicans. So now they’re pivoting. that!” Tiffany Justice exclaimed.
I turned around to find that almost all of the
BY AMY LITTLEFIELD other journalists were gone. That seemed to be
what Christian Ziegler was after. By wrapping
ver the fourth of july weekend, moms for liberty held a packed its efforts in rhetoric about parental rights and
summit in downtown Philadelphia, its second-ever national con- protecting children, Moms for Liberty has suc-
vening. Founded in 2021, the fast-growing group claims 120,000 cessfully presented itself as just a group of angry
members in 285 chapters across 45 states, with hundreds of endorsed moms shouting down “wokeness,” rather than
candidates elected to school boards to promote purging “critical race as the latest link in a decades-long conservative
theory” and books with transgender characters from classrooms. At one session project to undermine public education while
I attended, titled “(Wo)manhandling the Media,” the group’s strategy became upholding white supremacy and patriarchy. In
crystal clear. Led by Christian Ziegler, the chair of the Florida Republican Party 1982, President Ronald Reagan called for shut-
and the husband of Bridget Ziegler, a Moms for Liberty cofounder and Sarasota ting down the Department of Education in a
County School Board chair, the session provided lessons for new recruits on how State of the Union address. More than 40 years
to get the media—whom Ziegler described as a bunch of “lazy” liars—to boost later, the most significant change in the right’s
their chapters’ profiles. A centerpiece of this approach involved using high-profile strategy is its use of transphobia to cast public
politicians to lure reporters to an event. “The media will show up because they’re schools as dens of indoctrination and danger. And
thinking that what [the elected officials] say is going to be news—not your chap- it’s working: People across the political spectrum
ter, no offense,” he told a chapter head from a blue state who’d complained that are being swayed by the right’s fearmongering
journalists weren’t covering her rallies. “So you got to piggyback off those VIPs as about trans kids; a Washington Post–KFF poll last
much as you can. It’s like this summit, right?” year found that a majority of Americans believe,
Right. I had to admit, that was why I was there—along with 132 other journal- for example, that trans women and girls should
ists, according to media handlers for the event. not be allowed to play sports with their peers.
The previous weekend had been the first anniversary Examples of conservatives’ efforts to stoke
of Dobbs v. Jackson Women’s Health, the Supreme Court anti-trans sentiment were everywhere. In the
decision that overturned the legal right to abortion na- exhibit hall, I picked up a “ministry curriculum”
tionwide. Anti-abortion leaders had rallied in Washing- At the Moms titled “God Created Them Male and Female,”
ton, D.C., to celebrate, inviting presidential candidates produced by a nonprofit called Advocates Pro-
from the party responsible for that monumental victory
for Liberty tecting Children. It contained a lesson that
to join them. The only one who came was Mike Pence. summit, their would teach children in elementary school to
The Moms for Liberty summit, by contrast, attracted real agenda recite the phrase “God created people male and
five candidates, including front-runners Donald Trump female; there is nothing else.”
and Ron DeSantis. Their mere presence quickly became becomes Abortion, the premier social conservative is-
the story itself—which suited Ziegler just fine. “Moms crystal clear. sue of the past half-century, was barely mentioned
for Liberty Didn’t Exist 3 Years Ago. Now It’s a GOP on the day I was there. I was beginning to realize
Kingmaker,” read a headline in The Washington Post that why. A majority of Americans disagree with the
morning. Ziegler called it “probably the best headline I’ve ever seen.” overturning of Roe, and Republicans are paying
At the event, the candidates played to the crowd. DeSantis gave his standard the price politically. The framework of parental
speech against wokeness and drag queens at breakfast time. Trump had the closing rights has given conservatives a way to meet the
spot that evening, drawing a raucous reaction from the crowd when he compared post-Dobbs moment by painting their opponents
“radical left socialism” to a religion: “Instead of taking children to church, they as the extreme ones. I asked Bridget Ziegler why
believe in taking children to drag shows,” he said. For all their fire and brimstone, I had heard so little at the Moms for Liberty con-
though, the candidates weren’t the real story. That was on display during lunch, ference about abortion. She told me she thought
when top education officials from four states—Florida, Arkansas, Oklahoma, and the summit probably “represents the country as
South Carolina—took the stage with Moms for Liberty cofounder Tiffany Justice. far as a spectrum,” although by that she meant
Their goal seemed to be to disparage public schools, painting a picture of a “lit- that some people were probably “pro-choice, not
eracy crisis” that they blamed on teachers’ unions and the encroachment into the pro-abortion.” But the topic wasn’t likely to come
classroom of “woke nonsense.” “These are folks that want to destroy our society; up at school board meetings, she added, unless it
they want to destroy your family, and they want to destroy America as we know was in relation to school-based medical clinics.
it,” Oklahoma schools superintendent Ryan Walters said. In May, Oklahoma’s Then she put into practice a lesson from that
governor signed a law creating a tax credit for families who send their children to morning’s media strategy session, steering our
private schools or homeschool them. The officials all spoke of the need to return to a conversation back to her talking points. “It really
“classical” education, which has become a dog whistle for Christian nationalists who comes down to parental rights,” Ziegler said. “I
oppose efforts to teach children about racism and gender diversity in the classroom, mean, that’s really the core issue.” N
23
“I Needed
Asian
Plaintiffs”
Inside Edward Blum’s cynical, astroturfed effort
to convince the Supreme Court that
affirmative action hurts Asian Americans.
Legal architect: In
June, the Supreme
Court gave Edward
Blum his most con-
sequential victory
since his successful
challenge to the
Voting Rights Act.
T H E N AT I O N 8.21–28.2023
went to [New York City’s] Chinatown—that I happened to meet wavering between 56 and 59 percent
the person who convinced me to think about going to Harvard,” in the annual APIAVote polls and at
Chin says. “I owe everything to affirmative action.” 45 percent in the Pew study. OiYan
Chin, who testified on Harvard’s behalf at trial, also sees Poon, former director of Colorado State
Blum’s recruitment of Asian students as a cynical tactic that University’s Race and Intersectional
belies his claims of dedication to remedying anti-Asian bias. “If Studies for Educational Equity (RISE),
you look at the actual court documents, the relief is to eliminate cowrote a 2018 study that examines
25
T H E N AT I O N 8.21–28.2023
why Chinese Americans are outliers annual wages of just $44,400. As of 2019, ac-
among Asian Americans. The study cording to Pew, approximately 10 percent of
found that many Chinese immigrants Asian Americans live below the poverty line, a
“If you look at the were connecting online through the figure that increases to 13 percent for Cambodi-
Chinese-language app WeChat, ans, 17 percent for Hmong, and 25 percent for
court documents, the where misinformation about affirma- Mongolians and Burmese. Among Asian Amer-
relief isn’t to eliminate tive action proliferates. “Many of the icans age 25 and older, 75 percent of Indian
folks that are leading the anti-affir- Americans possess bachelor degrees, though the
discrimination against mative-action movements here in the same is true of just 17 percent of Laotians and
Asian Americans.” US came here as graduate students, 15 percent of Bhutanese. And unemployment
—Margaret Chin, Hunter College and after going to elite colleges in main- rates are higher among Pacific Islanders than
CUNY Graduate Center land China,” Poon told Mother Jones any other ethnic or racial group in the US.
in 2018. “They have a belief that For many AAPI students, affirmative action
high-stakes testing is the only and fair way to get into the best is critical to leveling the playing field in college
colleges.… Many of them, because of their class status, end up admissions, and studies agree that affirmative
in relatively white and upper-middle-class communities. And action benefits Asian Americans. It’s a fact that
that allows for the kind of development and perpetuation of Blum tries to hide by denying the existence of
stereotypes of other people.” affirmative action’s many AAPI beneficiaries.
Alex Chen is the founder of the Silicon Valley Chinese In a lawsuit against Yale, SFFA’s complaint took
Association Foundation, which filed an amicus brief in support pains to note that “references to Asian applicants
of SFFA. In a 2018 interview in The New Yorker, Chen said that will exclude racially-favored Asian applicants
affirmative action taught people to think they “don’t need to who identify, at least in part, as from a favored
work hard,” because they “still can get into a top school.” Kenny Asian-American subgroup, such as applicants
Taking aim: Abigail Xu, the 26-year-old son of Chinese immigrants, who is on the who identify as Cambodian, Hmong, Laotian,
Fisher, the plaintiff SFFA board, is a self-appointed spokesperson for Asian Amer- or Vietnamese.” The implication was that Cam-
in Edward Blum’s
previous legal chal-
icans who oppose affirmative action. “Affirmative action was bodian, Hmong, Laotian, and Vietnamese appli-
lenge to affirmative created because people saw so few Black Americans elevated, cants benefited from affirmative action but that
action, spoke outside in the sense that they wanted to. And so, they started to want other Asian groups didn’t.
the Supreme Court to create a program to be able to uplift them,” Xu said in 2021. “This is the point that makes me seethe,”
in 2015. “That eventually morphed into ‘We just want to lower the bar, says Marie Bigham, the founder and executive
so that more African Americans with lower skills can get into director of ACCEPT (Admissions Community
the same job that a white American would have otherwise gotten with higher skills.’” Cultivating Equity & Peace Today). “I am a
Xu is also the president of Color Us United, which says it is working for a multiracial Vietnamese woman. [Blum] has taken
“race-blind America.” He frequently appears as a talking head on right-wing it upon himself to redefine ‘Asian’ in this country
media, though he appeared on CNN the day and to inform me I am no lon-
of SFFA’s win to applaud the end of race- ger Asian, but that I am, as he
conscious admissions. And he often tweets describes it, ‘preferred Asian.’
that it’s “not racism” that causes racial ineq- That speaks to his awareness
uities but Black “culture,” which he contrasts that the Asian experience is
with “the culture of hard work and family not a monolith. The rest of
discipline that contributes to Asian success us—the ‘preferred Asians,’ as
in America.” “I’ll come out and say it: yeah, he describes us—experience
we’re model minorities,” Xu wrote on social exclusion in a pretty impactful
media earlier this year. “Heck yeah, people and very serious way.”
should be like us in education and hard work.” “It’s sort of a paradox
For Aarti Kohli, the executive director of that [Blum] is leveraging the
the Advancing Justice–Asian Law Caucus, Xu’s model-minority myth and
comments represent a gross misrepresenta- putting forth this idea that
tion of the demographics of Asian Americans. Asian Americans don’t benefit
“There is this perception that Asian Americans are all doctors, engineers, lawyers,” from race-conscious policies,” says Sally Chen,
Kohli says. “But the model-minority myth hides the needs of many members of our a 2019 Harvard graduate who now works for
communities. If you look at college completion rates for Native Hawaiian, Pacific Chinese for Affirmative Action and testified
Islander, and Southeast Asian communities, they’re very low. And it’s really unfortu- on Harvard’s behalf against SFFA. “That logic
nate that those members of our communities are not seen.” negates a lot of the realities of what Asian Amer-
I
icans face in society and on the road to higher
n the mid-1960s, anti-asian immigration quotas were raised just enough education and beyond.”
J. SCOTT APPLEWHITE / AP
to allow in highly skilled immigrants. But between the first wave of arrivals During the litigation over Fisher, more than
and more recent Asian immigration, the Asian American and Pacific Islander 160 AAPI groups filed amicus briefs in support
community has developed the greatest economic and education gaps of any of affirmative action; in this year’s affirmative
racial or ethnic group in the United States. Indian families top the AAPI in- action case, the NAACP Legal Defense Fund
come list with a median of $119,000 a year, while Burmese families report median submitted amicus briefs on behalf of 25 Harvard
26
Asian American and Pacific Islander, Latinx,
Black, and Native American student and alumni
groups. A number of AAPI students and grad-
uates of Harvard testified for the university in
the trial’s stages. Blum and SFFA, meanwhile,
“failed to present a single Asian American stu-
dent at trial,” NBC News reported.
Now that affirmative action in college ad-
missions has been ruled discriminatory—except
at military academies—Blum claims that race-
neutral alternatives will replace affirmative ac-
tion and address racial inequalities. But his
preferred remedies seem unlikely to find favor
with the cohort he runs with. UCLA Law pro-
fessor Richard Sander, who wrote an amicus
brief for Blum in Fisher, has suggested that pro-
grams that use socioeconomic standing—which
Blum has cited as a useful replacement for race—
might be “surreptitiously reintroducing race,” as
The New York Times described it. Writing for the
American Bar Association, civil rights lawyer says Michaele N. Turnage Young, senior counsel at the NAACP Legal Defense and
Genevieve Torres notes that “new lawsuits have Educational Fund. Bigham echoes this claim, saying, “The idea that, in that kind of
also been brought to challenge diversity pro- applicant pool, someone got in just based on race is so laughable.”
grams that consider factors correlated with race Were Blum truly concerned about the policies that steal college slots from de-
(so-called ‘race-neutral’ programs), which Jus- serving Asian American applicants, he would not have spent his time demonizing
tice [Anthony] Kennedy expressly encouraged Black and Hispanic students—who, a 2017 New York Times investigation found,
in Fisher.” In Virginia, a lawsuit over admissions “are more underrepresented at the nation’s top colleges and universities than they
to Thomas Jefferson High School for Science were 35 years ago.” Instead, he would have targeted legacy applicants and other
and Technology, an elite public school, claimed students who already have connections at the school. A report from the National
that scrapping entrance exams as a way to make Bureau of Economic Research found that 43 percent of white students accepted
the school more diverse is covertly anti-Asian, by Harvard between 2009 and 2014 were “ALDCs”: athletes, legacies, the kids of
though the policy is race-neutral on its face. (In big donors, or the children of faculty and staff. The same study
May, the Fourth Circuit ruled that the admis- found that three-quarters of “white ALDC admits would have Defending diversity:
sions policy did not discriminate against Asian been rejected if they had been treated as typical white appli- Supporters of
Americans.) The plaintiff, Coalition for TJ, was cants.” More than 30 percent of Harvard’s class of 2025 are affirmative action
rallied in front of the
represented by Pacific Legal Foundation, which legacies, and some 70 percent of legacy applicants to Harvard Supreme Court on the
filed an amicus brief on behalf of SFFA in both are white. (Less than 16 percent of Black, Latino, and Asian day the justices heard
the Harvard and University of North Carolina American kids who get into Harvard are ALDCs.) oral arguments in the
cases. Coalition for TJ cofounder Asra Q. No- Blum knows that legacies and other ALDCs displace a far college admissions
cases.
mani is also the former vice president of Parents greater share of Asian applicants than Black and brown stu-
Defending Education, which filed an amicus dents do. SFFA’s own expert witness concluded that affirmative
brief in support of SFFA in the Harvard case. action “for African American and Hispanic applicants could
Edward Blum is one of PDE’s directors. not explain the disproportionately
A
negative effect Harvard’s admission
ffirmative action never opened system has on Asian Americans.”
the f loodgates to unqualified Yet anti-affirmative-action cam-
hordes, as its opponents contend. It paigners would have you believe that In 2023, polling found
merely attempted to give those who the people who should be happiest
have been historically excluded— about the end of race-conscious ad-
that Asian Americans
provided they had the preparedness, talent, and missions are Black folks, because now approve of affirmative
qualifications—a way to open doors that white they have a real shot at white approv- action at a higher rate
supremacy was keeping under lock and key. Rac- al. Justice Clarence Thomas reiter-
ism, combined with the opacity of college admis- ated in his concurrence (quoting his than the general US
sions, generates wild conjecture and misinformed own words in an earlier opinion) that adult population.
CHIP SOMODEVILLA / GETTY IMAGES
of “race preferences, Black Americans with STEM talent tend New York’s Hunter College and CUNY Gradu-
to go to UC-Berkeley over UC-Riverside”—the former being ate Center, published Stuck: Why Asian Americans
more selective in its admissions than the latter—“even with Don’t Reach the Top of the Corporate Ladder. She
lower qualifications.” But the UC told me that anti-Asian bias and the absence of
system got rid of affirmative action race-conscious policies in the corporate sector
in 1996—before Xu was born. explain the endurance of the “bamboo ceiling.”
With affirmative action gone, “Most of these companies don’t have affir-
“The model-minority will the alliance between conserva- mative action programs,” Chin said. “That’s why
myth hides the needs tive Asian Americans and their right- there’s so few minorities at the top of these cor-
wing white co-conspirators begin porations. It’s because these affirmative action
of many members of to fray? When Xu acknowledged programs have existed in colleges that we see
our communities.” the reality of legacy admissions on colleges with such diverse populations.”
—Aarti Kohli, Advancing Justice–Asian Law Caucus CNN after the June verdict, Ann Many of the interviewees for this article
Coulter went after him. “These fought tirelessly against SFFA’s attacks on affir-
aren’t your allies, White people,” mative action, but none were naive about how
Coulter wrote. The elimination of race-conscious admissions the Supreme Court would rule. “We always want
is predicted to increase Asian American enrollment numbers by to [work toward] a bigger picture for opportunity
just 3 percent. White enrollment is projected to go up 8 percent, for more people,” Sally Chen told me. “We are
according to the Berkeley economics professor and Harvard witness David Card. trying to think about ways to kind of just shift the
For Blum, the fight is never over. In an interview with The New York Times paradigm, too, beyond what affirmative action
days after his victory at the Supreme Court, he suggested that affirmative action can do. Its impacts were crucial but were never
in workplaces may be his next target. That would have negative impacts on Asian meant to be a cure-all solution.”
Americans workers, who already are dramatically underrepresented in leader- “Our role as an Asian civil rights organization
ship positions, representing just 1 percent of corporate board seats, 3 percent is to serve the most marginalized,” Kohli said.
of law partners and CEOs of Fortune 500 companies, and 2 percent of college “How do we make it economically possible for
presidents—numbers out of step with their overall representation in those fields. low-income and racial minorities to access edu-
Multiple studies have found that while Asian Americans are significantly over- cation—and to actually stay at these educational
represented in the tech workforce, they are significantly underrepresented in institutions? So this is an important conversation.
senior leadership positions by comparison. But it has to be placed within the context of the
In 2020, Margaret Chin, now a professor of sociology at the City University of bigger challenges that we have.” N
ry” as intrinsically anti-American. That so many shown that if the new director gives them an inch, they will
Republican presidential hopefuls have chosen to take a mile. As a result, whoever succeeds Vandenbark in the
cast their lot with an organization that has made long run will almost certainly think twice before stirring that
censorship mainstream again speaks volumes. hornet’s nest again. N
29
“We’re Just Her
How courtwatchers are shifting the power dynamics in criminal courtrooms.
Visible collective:
Stills from the
award-winning
short film The Court
Watchers, created
by Zealous, with
a score by Fiona
Apple. View at
CourtWatch.org.
e to Observe” BY J O C E LY N SIMONSON
ll over the united states, criminal courtrooms are full as soon as possible—or, worse, joke
of poor people, disproportionately people of color, sitting on around with each other to pass the
rows of benches—or, if there isn’t enough room, standing time while people wait handcuffed in
in hallways—waiting for their criminal cases or the cases of dirty cells on the other side of the
their loved ones to be called. When I was a public defender courtroom walls.
working in the Bronx, I once heard a young Black boy ask his father as they Enter the courtwatchers. When
walked into a crowded felony courtroom, “Daddy, are we in church?” My heart people enter courtrooms as a visible
sank at the boy’s question, as the superficial solemnity of a courtroom filled with collective, not to wait for one case but
people who looked like him met the tedium of the exchanges that the boy would to watch all of them, they disrupt the
find himself surrounded by once he sat down. routine of casual forced submission.
For the words coming from the judges, clerks, and lawyers were not sermons; They wear matching T-shirts and take
nor were they even the hearings and trials that many have come to expect from up entire rows. They come with pads
the media’s accounts of criminal court. In a New York City criminal courtroom, and pens and fill out forms to capture
you might hear: “The People offer a 240.20 and community service.” “We have the details of what they observe. The
three bodies coming up.” “Do you waive the rights and charges?” “The People disruption is apparent immediately. It
consent to an ACD.” “Case adjourned for motion schedule, time is excludable.” may be a court officer coming up to
“Case adjourned for discovery.” “Case adjourned until the 180.80 date.” “The question their presence. It may be the
People are ready.” “Plea accepted. Mandatory court costs due in 60 days.” In the prosecutors or defense attorneys whis-
world of plea bargaining, in which well over 95 percent of cases do not go to trial, pering to each other and looking back.
such statements make up the entirety of “criminal justice.” There is nothing more. Or it may be a clerk telling them bluntly
Between these statements, there is only waiting. So much waiting, even on a day that they cannot come in if they are
with nearly 100 cases on the calendar: waiting for the judge to not connected to an individual case. So
take the bench, for the prosecutors to find the right files, for accustomed are court officials to seeing
T H E N AT I O N
the defense lawyer and defendant to appear—waiting that is only the defendant’s family or friends
then punctured by a blur of legal language. When I practiced in the audience that they often believe
as a public defender, between 2007 and 2012, the rules of Bronx it is against the rules for strangers to
Criminal Court forbade audience members who were not attor- watch courtroom proceedings, let alone
neys from reading in the courtroom. If a teenager was reading a groups of strangers. (They are wrong:
book for school, a court officer would yell at him or her to put The First Amendment generally pro-
8.21–28.2023
the book away and face forward in tects people’s right to access criminal
order to show respect—to listen to trials, whether they are family or not.)
the words in the courtroom, as if those To simply be present inside a criminal
words carried important meaning. courtroom as a collective—even when
The criminal system’s The violence of criminal court sitting quietly and following the rules,
is easy to miss in the faces of people for most courtrooms do allow note-
actors are used to appearing remotely on screens, the taking—is to push back against the es-
having an audience, wrists in handcuffs, or the clerks tablished power dynamics there.
handing out pieces of paper listing The criminal system’s actors are
but they are not used the fine amounts that people must used to having an audience, but they are
to being watched. pay to avoid being caged. The legal not used to being watched. It is hard to
scholar Robert Cover, in a 1986 es- quantify the effects of the courtwatch-
say titled “Violence and the Word,” ers’ observation on the system they
wrote: “I do not wish us to pretend watch, but organizers with Philadelphia
that we talk our prisoners into jail. The ‘interpretations’ or Bail Watch have given us a few data
‘conversations’ that are the preconditions for violent incarcer- points. Their project emerged in 2018
ation are themselves implements of violence.” For those who as a joint effort of the Philadelphia Bail
Jocelyn Simonson work inside courtrooms, getting through a long day requires
is a professor of
ignoring the violence of the courtroom and its language. It
law at Brooklyn Copyright © 2023 by Jocelyn Simonson.
Law School and is in these courtrooms that assistant district attorneys refer This article was adapted from Radical
the author of to themselves as “the People” with casual certainty. And Acts of Justice: How Ordinary People
Radical Acts of it is here where court officers, judges, clerks, interpreters, Are Dismantling Mass Incarceration,
Justice (the New stenographers, program representatives, and even defense published by the New Press. Reprinted here
Press, 2023). lawyers rush through their days with an eye toward leaving with permission.
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O
Demonstrators rally
to protect a New York the public defenders. likely to release people with no requirement
law that ends bail for that they pay money first, known as a release “on
most misdemean- nce a year, these philadelphia organizers their own recognizance.” In 2018, for example,
ors and nonviolent conduct a 24-hour courtwatching effort, usu- of the 97 people arraigned over the 24-hour pe-
felonies and stops
detention before trial.
ally close to the holidays in December. Being riod, 28 (or 28.9 percent) had cash bail assigned.
there for 24 hours allows them to compare the According to a volunteer data analyst, this was
outcomes of the day’s bail hearings with those the third-lowest “cash bail rate” for a 24-hour
from the rest of the year. In 2021, Ginyard headquartered the period in nearly a year. In 2021, the results were
24-hour effort in a hotel room across the street from the court- even more pronounced: During the 24-hour
house, so the courtwatchers would have a place to rest and snack courtwatch organized by Ginyard—the one that
between bail hearings. At least two watchers attended every included what the watchers saw as an extended
SHAWN INGLIMA FOR THE NEW YORK DAILY NEWS VIA GETTY IMAGES
T
of the Liberty Bell and “Philadel- average rate of 50.1 percent.
All courtwatchers phia Bail Fund” in orange letters on
report feeling as they the front. As the hearings continued he 24-hour courtwatches in phila-
into the night, there was evidence delphia provide a rare quantitative
sit in the audience that that the magistrates—five different account of something that all court-
they are changing the ones over the course of the 24-hour watchers report feeling as they sit in
period—noticed the courtwatchers, the audience: that they are chang-
proceedings just by according to Ginyard. Two of the ing the proceedings just by being there. In
being there. magistrates asked who they were social science, this is known as the observer
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T H E N AT I O N 8.21–28.2023
effect or, relatedly, the Hawthorne effect: Peo- Courtwatchers also try to
ple change their behavior when they know demonstrate solidarity with the
they’re being watched. Social theorists like Mi- people standing before the judges
chel Foucault have examined how the act of in handcuffs or appearing on vid-
watching can be a form of wielding power: In eo screens. Most fundamentally,
prisons, in schools, in hospitals, the architecture the observers make the silent argu-
of observation by those in charge becomes a ment that those accused of crimes
way to dominate and control people through are people, too. Ginyard told me
surveillance. Social theorists call the turning of that part of the purpose of being a
surveillance on those in power—watching the courtwatcher in Philadelphia’s bail
watchers—“sousveillance,” or surveillance from hearing room is “to ensure that the
below. Sousveillance is a way to challenge the person on the other side of that
monopoly of those in power over information, screen—who gets told ‘Don’t talk’ Most fundamentally,
technology, and control. And courtwatchers and ‘You can’t ask questions,’ and
model how sousveillance becomes even more who gets ignored—knows that there
the observers make
powerful when done collectively at the very are folks there to show that you can’t the silent argument
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location of domination, such as a courtroom. ignore a human being that you’ve that those accused
put on a screen to dehumanize. You
ourtwatchers aren’t able to doc- can’t ignore that, and we’re going to of crimes are
T
ument all the details of how the let you know.” people, too.
system is operating. Though court-
rooms are technically open to the here are dangers in romanticizing observa-
public, they actively obscure what tion. Knowing that people are paying attention
is happening within them. After sitting in her to your case may be uncomfortable for some
local municipal court, one volunteer for Court- people accused of crimes, even if it is done in
Watch LA in Los Angeles wrote on her re- solidarity. And courtwatching faces more intrin-
Courtrooms are
flection form: “Imagine watching a foreign sic limitations. Communal observation on its own cannot technically open
language art film. It’s all a blur. I maybe can cure unfairness, even if it changes the behavior of state actors to the public, but they
capture a story, but not the specifics of the case. slightly in the moment. Bearing witness to someone’s being actively obscure
Or, if I get the specifics, [like the] case number, ordered into a cage does not make that outcome a fair one— what is happening
the story is obscured with jargon and informa- and it can be a traumatic experience to witness the violence. within them.
tion you can’t process.” Over time, officials may adjust to being watched, and trans-
It is not just the legal jargon. Most of the parency can legitimate and obscure what might otherwise be
“justice” has happened elsewhere: A police of- seen as oppressive.
ficer has decided to stop and arrest someone, On its face, the performance that the Philadelphia courtwatchers observed
a prosecutor has decided to charge them in the when the attorneys and magistrate seemed to carefully consider and argue a case
name of “the People,” and a before them might represent an ideal example
defense attorney has reviewed of public justice. And yet, when the person went
the case and, sometimes, to jail after the magistrate set bail, the result
talked to their client. Legisla- did not become “justice”—or at least not the
tors have in the first instance courtwatchers’ idea of justice—simply because
created the laws that allow the legal language of incarceration became
these decisions. Countless momentarily comprehensible. Instead, the per-
other employees have done formance highlighted for the courtwatchers
their jobs: They have hand- the absurdity of a system in which state actors
cuffed, caged, and fed human can, on command, recite with feeling the argu-
beings; typed, written, and ments, reinforced over decades, necessary to
stamped court forms; cleaned justify incarceration.
the courtroom; printed rap At its most subversive, observation can cut
sheets and docket numbers; through the obfuscation that legal language
conducted assessments of produces, undermining the legitimacy of the
people’s criminal histories, system that the language upholds. The bene-
their employment status, fit here does not come simply because, in the
their “ability to pay.” All of this has been done oft-quoted words of Justice Louis Brandeis, “sunlight is…the best disinfectant,”
out of sight of the public. But to call attention to but rather because the people opening the windows are the people traditionally
this smokescreen is to reduce its power; to bear shut out of the process of “justice.” In those moments, “the People” are no lon-
witness to the little that is said in each case adds ger just the assistant district attorneys; they are also the average people in the
up to something larger. In this way, one basic courtroom—people who do not approve of what the ADAs are doing in their
GETTY IMAGES
goal of organized courtwatching is to create the name. As the Rev. Alexis Anderson, a founder of Court Watch Baton Rouge in
palpable power shifts that can flow from the col- 2019, says of the courthouse in which its members do their watching: “When we
lective observation of those in power. enter, we consider it the People’s House!” N
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small cast of charismatic characters into an “actual consideration” of the social and family marked by the traumas of sexual
economic roles they occupied, though he did acknowledge that the novel at least made and emotional abuse. This is information
a “charming” if “also frustrating” attempt to do so. But the larger question in Taylor’s that he resists sharing with his peers;
review remains: What does it mean for a novel to engage in actual class critique to- instead, he trolls them. “I’m triggered by
day? The 19th- and early-20th-century fiction that largely occupies his thinking as a your insults,” he taunts his classmates,
critic—novels by Émile Zola, Henry James, and Edith Wharton, among others—peer even as he hints at how vulnerable he is.
into the social roles of a multitude of characters to consider the minute gradations and “They remind me of my torturous child-
degradations of class. One might say that the kind of contemporary novel that Taylor hood. Please stop.”
interrogates in his review, with its tight focus on “the tableaux of feeling overwhelmed” To make ends meet, Seamus has a
in the quotidian lives of individual protagonists, does the opposite. job working at a hospice, and it is there
Ironically, Taylor’s debut novel, Real Life, proved to be similarly evasive in its en- that we begin to see another side of him.
gagement with class. A work of campus fiction set in a prestigious, primarily white Speaking to Bert, a local man whose cruel
biology department, it sketched the network of racial, sexual, and economic tensions father is dying there, Seamus feels that,
that formed the background to the story of its protagonist, Wallace, a gay Black gradu- if anything, he is the one with an advan-
ate student. But much of the novel’s class tage, and so he experiences “some of that
analysis was eclipsed by the workings of old Marxist guilt. The reflexive pity and
Wallace’s immediate emotional responses shame of being a little better off than a
to the world around him; Real Life hewed The Late person to whom he was speaking.”
closely to his perspective alone. Americans Seamus’s “reflexive pity and shame”
Taylor’s new novel, The Late Americans, A Novel are aggravatingly clear to Bert, who views
however, takes on the challenge of telling By Brandon Taylor him as just another elitist college kid. Yet
the multiple stories of a larger social milieu Riverhead Books. as they speak, Seamus learns that Bert,
in scattered yet granular detail. Set at the 320 pp. $28 whose father owns the land on which
University of Iowa, it follows an academic they’re standing, is financially more stable
year in the life of young people living in than he is. Class cuts in many contradic-
Iowa City, students and otherwise, as they tory ways, and Seamus tries to make sense
grapple not only with their own privileges of his swift movement in and out of his
and access to capital but also with the ab- perspective. The narrative’s focus bounces various social positions. One can, he con-
sence of both in the lives of those around gently from one person to the next via cludes, “simultaneously [occupy] two sys-
them. Here we get a finely detailed, even social contact. We get incisive one-line tems then. How strange these networks
pointillistic portrait of class and the ways sketches of several MFA students spe- of human relation.” These networks are
it can make and unmake human relation- cializing in poetry—Beth, Helen, Noli, made even stranger and more convoluted
ships. Shifting from one point of view to Mika, and Linda—before realizing that by a terrifyingly brutal eruption of vio-
the next, the novel also breaks out of the their classmate Seamus is the first of our lence between the two men.
cloistered perspective of a single protago- central characters. We then skip to Fyo- But just as we begin to know Sea-
nist and examines how a slew of characters dor, whom Seamus meets at a bar, and his mus, Taylor quickly pivots to another
notice (and just as often fail to notice) boyfriend, Timo, then leapfrog again over life. (He is, after all, trying to paint a
their class positions. The dynamism of the Timo’s friend Goran to his boyfriend, many-figured mural rather than a sin-
novel comes from its movement between Ivan, and via Ivan to a cohort of dance gle portrait.) Yet he chooses not one
these characters but also from its ability to students. While many of these charac- of the more predictable characters—
see past them to the social structures that ters are separated by class, education, and Bert, perhaps, or one of the poetry
organize so much of their lives. As in the identity, they are also connected—often students—but instead Fyodor, the man
big, sweeping novels of Zola, James, and unpredictably so—through the bars and who briefly chats with Seamus at a bar.
Wharton, bit by bit the reader comes to coffee shops, the shared passions, and the Fyodor is a townie, a worker at a meat-
see the larger systems that these characters planned and unplanned proximity created packing plant who is in an on-again,
are bound up with, either by choice or by a small Midwestern college town. off-again relationship with Timo, a grad
circumstance, and the way these systems Appropriately, we are introduced to student in mathematics. Fyodor and
make them who they are. Seamus by way of one of the more familiar Timo are initially drawn together by
T
set pieces in fiction set at the University their commonalities—both are mixed-
he novel’s shape is de- of Iowa: a horrendously uncomfortable race gay men—but their relationship is
ceptively simple: Each seminar in the Writers’ Workshop. Sea- constantly challenged by reminders of
chapter of The Late Amer- mus is a gay, white, Ivy League–educated the differences that exist within what
icans focuses on a differ- man who rolls his eyes at invocations of they share: Timo comes from a suc-
ent character, observed personal trauma and intentionally enrag- cessful professional family that lacks
through a limited omniscient third-person es his fellow students with his response to the cushion of generational wealth that
the poem being discussed. Yet even if he some of his peers have. Yet though he is
Sarah Chihaya is the author of the forthcoming is one of those guys, once we follow him constantly aware of money as a problem,
Bibliophobia and a coauthor of The Ferran- out of the classroom, we learn that much it is not in the acute, pragmatic
te Letters: An Experiment in Collective of his performed privilege is just that: an
Criticism. act. Seamus comes from a working-class
way that Fyodor is. When Timo
complains about Fyodor’s job,
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citing the “morally indefensible” nature hroughout The Late Amer- pus novel—the work of producing art
of killing and eating animals, Fyodor re- icans, Taylor is especially and scholarship often trumps any other
plies, “This is what my life is. You think concerned with the way concern, such as money, time, material
that this will be temporary, but it isn’t. that the more privileged need, or even the work that students
This is what my life is. What I will be.” among his student char- are required to take up to get by. (An-
Timo cannot comprehend the starkness acters naively assume an equality of other version of this novel might have
of Fyodor’s frustrated declaration or opportunities and resources. This mis- focused on PhD students rather than
understand what experiences could mo- apprehension is clearest in the relation- MFA students, which would have forced
tivate it. Like Seamus and Bert, the two ship between Ivan and Goran, whom Taylor to also wrestle with the labor
men are never fully visible to each other. we meet three chapters into the novel, issues of graduate students employed by
The movement from one character to and who weave in and out of sight until a university.)
the next does not always have a clear so- the end. Ivan, the son of Russian immi- Nowhere are the blurring boundaries
cial logic: We travel from lover to friend grants living in Boston, is in the final between these two types of work clearer
to near stranger, often getting to know year of work on his MBA, after which he than in a group of dancers that we meet
just enough about a hopes to get a finance in the book’s last sections. Noah, an Iowa
character to start to job in New York or native, works in construction when he’s
wonder about them San Francisco. Ivan is not in the dance studio, while Fatima
once they’re almost also a former dancer, alternates between shifts at a local coffee
entirely gone from forced by an injury to shop and long hours of rehearsal. She
view. Sometimes we quit the pursuit of an bears the brunt of this social pressure
loop back and en- art he loves. Goran, a to demonstrate a wholehearted com-
counter the same per- pianist and a gradu- mitment to dance, no doubt because she
son again; sometimes ate student in music, is a woman (one of only two we get to
we meet someone we simply cannot under- know in the novel), subject to the sexist
wish we could know stand Ivan’s financial- demands still made upon female dancers;
better but only ever ly motivated choices, the other students resent the demands of
see in passing; and especially when he her hourly wage work, seeing it as a mark
sometimes we linger The Late Americans discovers that Ivan has of both greater and lesser dedication
with someone who works the way most been earning money to their shared art.“But this is the real
doesn’t seem to fit in by posting artful por- work,” a classmate tells her. To which
at all. university towns work: nographic video clips Fatima responds: “I don’t know what
In this regard, The People move in, out, online. But Goran is you mean. It’s all work, you know. Work,
Late Americans works and on. not painted simply as work, work.”
A
the way that univer- an annoyingly inno-
sity towns do. Peo- cent wealthy person; s the reader comes to the
ple move in, move out, move on—not his and Ivan’s relationship is also end of The Late Amer-
everyone gets to meet, but everyone complicated by the fact that he is the icans, having zigzagged
temporarily occupies the same spaces. Black adopted son of a rich white fam- between characters and
But in the background is also the wider ily. Ivan, who is white, cannot grasp social settings, one real-
social system—in particular, the finan- how Goran’s Blackness affects the way izes that perhaps a better question to ask
cial and cultural pressures that some that he himself, or the world at large, of this novel is not whether its depiction
face and others do not. One person views him; all Ivan can see is Goran’s of class is enough, but whether it’s too
doesn’t need a first job, let alone a sec- economic position rather than his race. much. By dipping in and out of so many
ond; another is conspicuously worried The “networks of human relation” different lives and relationships, does
about their landlord raising the rent; that Seamus puzzles over grow more The Late Americans take on too big a
while a third is wracked with anxiety and more tangled with every character task? Constrained only by the tempo-
about making enough money to send we meet. ral limits of the school year, the book
home to their parents. Graduate school The novel depicts these episodes of could still go on forever, skipping from
begins with the origin myth that every- often unspoken misperception with al- one small galaxy within the universe of
one is a poor student, pulled together by ternating tones of sadness, humor, frus- the big state school to the next. What’s
the same idealistic and heady desire to tration, and optimism. But Taylor is more, unlike most campus fiction, the
learn more about the world and about doing something else too: He is offering university does not serve as a boundary
one another. But as the semesters pass, us a portrait of the different kinds of for the novel. Yet The Late Americans
students have to confront the dawning work that take place in a college town. seems to anticipate this question; at
understanding that some of them are From the beginning, when we see Sea- times when the reader expects a nar-
from wealthy backgrounds while oth- mus move directly from the institu- rowing of perspective, the novel takes a
ers are not, and all manner of stealthy tional scene of artistic work to one of sudden, wider turn.
avoidance tactics become nec- paid employment, we are asked to view The most jarring of these happens
36 essary to keep the illusion of these types of work simultaneously: In
shared enterprise intact. an academic milieu—and in the cam-
in a late chapter in which we meet Bea,
Noah’s neighbor. She is a disconnected,
T H E N AT I O N 8.21–28.2023
o audio recordings of walter benjamin have sur- German Baroque drama and dashed his
vived. His voice was once described as beautiful, hopes for an academic career, he found
even melodious—just the sort of voice that would himself adrift, with little assurance of a reg-
have been suitable for the new medium of radio ular income. But this failure also brought
freedom. His untethering from the uni-
broadcasting that spread across Germany in the versity meant that he could indulge in his
1920s. If one could pay the fee for a wireless receiv- interests without restraint, and he turned
er, Benjamin could be heard in the late afternoons or early evenings, his talents to writing essays that took in
often during what was called “Youth Hour.” His topics ranged widely, the whole panorama of modern life—from
from a brass works outside Berlin to a fish high literature to children’s books and
market in Naples. In one broadcast, he lav- into surrealist fantasy. One such play in- from photography to film—and, for nearly
ished his attention on an antiquarian book- troduced a lunar creature named Labu six years, he supplemented his earnings
store with aisles like labyrinths, whose who bore the august title “President of the with radio broadcasts, some for adults
walls were adorned with drawings of en- Moon Committee for Earth Research.” and others meant especially for children.
chanted forests and castles. For others, he Today Benjamin is widely esteemed Of the many broadcasts, about 90 in all,
related “True Dog Stories” or perplexed as one of the foremost cultural critics that he produced for the radio stations in
his young listeners with brain teasers and and theorists of the 20th century. But his Frankfurt and Berlin, only a fragment of a
riddles. He also wrote, and even acted in, career was uneven and marked by failure. single audio recording has been
a variety of radio plays that satirized the
history of German literature or plunged
In 1925, after the faculty of philosophy in
Frankfurt rejected his enigmatic study of
preserved; unfortunately, Benja-
min’s voice cannot be heard.
39
ILLUSTRATION BY JOE CIARDIELLO
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Now transcripts of these broadcasts have been assembled and translated into reports on Soviet culture that Benjamin
English in a new volume edited by Lecia Rosenthal, whose incisive introduction published that same year, all of them
assists the reader in appreciating their true significance. One can’t help but won- reflecting his grim recognition that the
der what Benjamin would have made of all this attention, since he was inclined to USSR was hardly the workers’ and artists’
dismiss his radio work as unimportant. In correspondence with his friend Gershom paradise of leftist imagination.
Scholem, he wrote with some embarrassment of “piddling radio matters” and con- Following this first leap into radio
demned nearly all of it as having “no interest except in economic terms.” Today we commentary, Benjamin continued to
know that he was mistaken. The transcripts are more than mere ephemera; they build his career in Germany as both a
are perfect specimens of Benjamin’s interpretative method, exercises in a style of freelance writer and a critic on the air, and
urban semiotics that he would later apply during his exile in Paris. Hannah Arendt for several years he managed to scratch
once likened her late friend to a pearl diver who possessed a gift for diving into the out a more-than-tolerable existence, all
wreckage of bourgeois civilization and emerging into the sunlight with the rarest of the while hoping for grander things. His
treasures. The radio transcripts offer further evidence of a genius whose career was ultimate goal, as he confessed to a friend
ended far too soon. in 1930, was to become “the foremost
The transcripts have the virtue of brevity, making them welcome introductions to critic of German literature.” But this
Benjamin’s ideas for those who may find his major tomes—such as Origin of German Tragic ambition would go unfulfilled, and his
Drama or The Arcades Project—ponderous bold forays into the high canon, such as
or forbidding. Although in subject matter an early essay on Goethe’s novel Elective
they travel a vast terrain, they also have Affinities, were masterful but rare. More
the intimacy of a personal essay spoken Radio Benjamin typical were his exercises in short-form
right into your ear. A written transcript, By Walter Benjamin criticism, including the stories he wrote
after all, is also technically a recording, Edited by Lecia expressly for the radio. Among the most
even if it is a soundless one. When we read Rosenthal entertaining are reports in which the ev-
these transcripts carefully, we can still hear Translated by eryday becomes exotic or the modern is
what scholars of literature like to call “the Jonathan Lutes, interlaced with nostalgia. In a broadcast
authorial voice.” But even those who don’t Diana Reese, and Lisa from late 1929 or early 1930, he describes
especially care about Benjamin will find his Harries Schumann the market halls in Berlin that he had
radio tales fascinating as specimens in the Verso. 424 pp. $24.95 first visited as a child, where the smells of
history of technological communication, fish, cheese, flowers, raw meat, and fruit
a history that spans the modern era from was also a monthly fee. In the popular intermingle under one roof, creating a
the early days of wireless journalism to the imagination, we tend to picture a family “dim and woozy aroma” that comple-
digital podcasting of our own day. Step into nestled in comfort before a single speaker ments “the light seeping through the
a time machine and travel back a century: as if around the family hearth. But the murky panes of lead-framed glass.” Nor
You’d hear the voice of Walter Benjamin earliest radios were not elegant pieces can he leave out the smallest detail: “And
instead of Ira Glass. of furniture for shared experience; they let’s not forget the stone floor, which is al-
T
were exotic contraptions with exposed ways awash with run-off or dishwater and
he very first radio trans- mechanics and personal headphones that feels like the cold and slippery bottom of
mission ever heard in Ger- isolated each listener within a private the ocean.”
many was broadcast at 8 auditory space. Only in the late 1920s This description closely anticipates his
pm on October 29, 1923. did the household radio assume a more project on the Parisian arcades, those iron-
It lasted only a single hour, domestic form, with a single loudspeaker and-glass passages lined with shops that
after which the station went silent. The that projected the transmissions into a would become the focus of his fascination
Berlin Funk-Stunde or “Radio Hour” shared room. This was when Benjamin in the 1930s. But the radio addresses come
soon extended its programming to nearly made his debut. almost entirely from a time before Benja-
eight hours each day; its programs con- Imagine “Dr. Walter Benjamin” (as min’s emigration to France, and in many
sisted chiefly of music supplemented with he was listed in the Frankfurt Radio bul- of them one can hear the enthusiasm of
the occasional lecture, literary reading, letin), whose disembodied voice floated the Berlin native who loves nothing more
or play. By 1930, regional broadcasting through the airwaves into German homes than to share stories of the city he knows
companies had stretched their electro- for the very first time on March 23, 1927. best. Nor can he resist a winking nod to his
magnetic waves to cover nearly 70 percent He lectured on young Russian writers, listeners: “If I really want a special treat, I
of potential German audiences, but those an edifying topic about which he could go for a walk in the Lindenstraße market
who could actually afford to tune in were claim some familiarity thanks to his re- hall in the afternoons between four and
still overwhelmingly urban; the farmlands cent travels in the Soviet Union, where five. Maybe someday I’ll meet one of you
and forests remained mostly silent. he had weathered two months of a bleak there. But we won’t recognize each other.
In its initial years, the radio was a Moscow winter while pursuing a hope- That’s the downside of radio.”
luxury reserved exclusively for the urban less romance with Asja Lacis, a Latvian-
middle class. To listen to the wireless, a born communist who was active in the Peter E. Gordon teaches social theory and philos-
household had to buy a receiver, children’s proletarian theater. Though ophy at Harvard. His newest book, A Precari-
40 and then pay the post office for the full transcript of this early lecture is
a “license” to operate it; there missing, it’s only one sample of the many
ous Happiness: Adorno and the Sources of
Normativity, is due out later this year.
T H E N AT I O N 8.21–28.2023
W
as this really a disadvantage? One might argue that radio was Benja- him is menaced by a rising tide of hatred,
min’s ideal medium, because he loved to hide. Though some readers be it fascism in Europe or the Klan in the
have claimed his legacy for the tradition of Marxism, he was never a United States. Like a man climbing to
firebrand, and he found his greatest happiness not in public controversy his roof, Benjamin reports on the flood
but while burrowed away privately with his books. In a 1930 broadcast that threatens to engulf him and he hopes
called “Demonic Berlin,” he tells his auditors that as a child his parents forbade him for rescue. But the waters continue to
from reading the stories of the 19th-century German author E.T.A. Hoffmann, be- rise; by early 1933, the Nazis would seize
cause his tales were populated with ghosts and doppelgängers and “monstrous figures power in Germany and bring his career
of every kind.” Hoffmann was a master of the uncanny, about whom his contemporary, on the radio to an end. His last commis-
the poet Heinrich Heine (a distant relation of Benjamin’s), once observed that “even sioned work for Radio Berlin was a fantas-
the devil could not write such devilish stuff.” So of course Benjamin read Hoffmann’s tical play he had composed himself. The
tales all the more passionately, in secret, seated alone in the family’s dining room, where transcript, titled “Lichtenberg: A Cross-
(Benjamin tells us) “all the terrors, such as fish with stubby snouts, gradually gathered Section,” ranks among the strangest things
in the darkness at the edge of the table.” that he ever wrote. Beings who live on the
The printed page was Benjamin’s place of safety, where he could hide himself as he moon are charged with the task of inves-
had in childhood. But he also transformed the cityscape itself into a refuge: the artifice tigating the career of Georg Christoph
of urban space turned into an interior, the outside into inside. He treated cities, chiefly Lichtenberg, a prominent physicist of the
Berlin and Paris, as objects of reading. For these exercises, Hoffmann was an early German Enlightenment. The moon be-
inspiration. Benjamin tells his listeners ings have uncanny names—Labu, Quikko,
that Hoffmann saw the city of Berlin that claimed hundreds of lives in sev- Sofanti, and Peka—and they convene as
with the eyes of a physiognomist, reveal- eral states, and according to Benjamin the Moon Committee for Earth Research,
ing that “this prosaic, sober, enlightened, plunged 100,000 square miles of farmland which deploys odd contraptions for its
and rational Berlin is full of things to underwater from Missouri to Kentucky work, each of them “easier to use than a
charm a storyteller—not only in its medi- to Tennessee. An es- coffee grinder.” There
eval nooks, secluded streets, and somber timated half-million is a “Spectrophone,”
houses, but also in its working inhabitants inhabitants lost their which permits them
of every social rank.” homes, and Benjamin to hear and see every-
This was not only a portrait of Hoff- provides the auditor thing that happens
mann; Benjamin was also describing his with a desperate por- on Earth; a “Parla-
own method. This would become his spe- trait of three brothers monium” that trans-
cial skill as a writer: He offered physiog- who tried to save their lates human speech
nomies of modern life and transformed livestock but were into music; and an
everything he saw into a dreamscape that forced to climb to “Oneiroscope” that
spilled over with both promise and dan- the peak of their roof allows the research-
ger. He devoted one broadcast to the while the rising waters ers to observe human
Lisbon earthquake of 1755, whose trem- raged below. Only one Even those who don’t dreams. With the aid
ors were felt from the coasts of Morocco of the brothers would especially care about of these devices, the
to France. Eighteenth-century Lisbon, survive, and Benjamin moon beings seek to
a thriving hub of Portugal’s global em- quotes a long passage Benjamin will find his understand why hu-
pire, had well over 250,000 inhabitants, from the man’s har- radio tales fascinating. mans are so afflicted
of whom nearly a quarter perished. It was rowing experience. with misery. Their
said that the cathedral towers in faraway With his characteristic habit of interpre- investigations finally reach the tentative
Seville shook “like reeds in the wind.” tation, Benjamin turns the disaster into conclusion that even if humans are un-
Benjamin was only one in a long line an allegory for politics. Just before he says happy, “perhaps it is their unhappiness
of critics to write about the earthquake; goodbye to his listeners, he promises that that allows them to advance.” To hon-
European philosophers from Voltaire to he is not done with the Mississippi: “On or the scientific achievements of Herr
Kant had pondered its meaning. But Ben- some other occasion we’ll return to its Lichtenberg, they conclude by naming a
jamin possessed a skill in description that banks during times when the river flowed crater in his honor, a crater from which
surpassed nearly all of his predecessors, peacefully in its bed, but there was little shines a “magical light that illumines
and in the brief 20 minutes of his broad- peace to be found on its shores.” Once the millennium.”
cast, he conveyed the terror of the event again, he says, “we’ll find ourselves on the Unlike the other broadcasts tran-
with inimitable precision. He ascribed banks of the Mississippi, but this time fac- scribed in this book, the Lichtenberg play
special importance to the earthquake as a ing the raging elements of human cruelty,” was never heard on the air. Benjamin’s
sign that the earth’s crust is never at rest, by which he means the Ku Klux Klan. final radio appearance came on January
that the ground beneath us is in “perpet- “The dams that the law has built to con- 29, 1933, when he read early selections
ual upheaval,” and that nature is no less tain them have held up no better than the from what would later appear as his most
violent than the history of humanity. actual ones made from earth and stone.” affecting book, Berlin Childhood Around
That theme recurs in one of his final In these words, one can hear the grow- 1900. The very next day, Adolf
broadcasts from the spring of 1932, a ing desperation of an intellectual who rec- Hitler was appointed chancellor
report on the Mississippi flood of 1927 ognizes that the civilization that surrounds of Germany, and Lecia Rosenthal
41
B&AB O O K S
T
advantage of democratizing the medium
oday audio communication of communication. But with this advan-
continues its swift meta- tage also comes a host of disadvantages—
morphosis, from the first more ranting, more conspiracy theories,
wireless broadcasts of a more hate. The more populist the tech-
century ago to the podcasts nology, the more eloquence is mistaken
that are accessible not on the radio but via for elitism. And this is a problem not
cellular technology or the Web. These only for politics but also for aesthetics;
innovations have also restored something after all, not every aspiring podcaster has
akin to the original experience of individ- Benjamin’s gift for language. Many pod-
ualized listening: Earbuds have replaced casts today are unscripted, free-for-all
Special packages available for small the cumbersome headphones that were chats with little form and little content.
businesses, authors, and nonprofit shackled to the first wireless boxes, but Benjamin understood these risks, but he
organizations. Options for website they have also reintroduced the experi- still held fast to the hope that the radio
banner advertising and e-newsletters ence of auditory isolation from one’s spatial could introduce what he called “a total
with modest budgets. surroundings. One can’t help but wonder transformation and rearrangement of the
what this new technology is doing to our material.” Today that optimism may be
More information at sense of shared public space, which is now hard to sustain, but open a new podcast
TheNation.com/advertise fractured into millions of separate sound- and you might discover a pearl.
scapes even while everyone may be phys- The best of them still bear some re-
ically navigating the same street. Can we semblance to Benjamin’s broadcasts from
feel the same responsibility for the places a century ago. When I lived in Paris in the
records the bitter fact that, to celebrate we inhabit when we no 1990s, I listened in the
their victory, the Nazis held a torchlight longer hear the same evenings to Domaine
parade that was broadcast across all of things? The risk is not Privé, a radio show that
Germany—the first live transmission by only that the pedestri- In his radio addresses, was hosted weekly by
radio that was truly nationwide. an misses the roar of one can hear an a different personality,
As the Third Reich brought all forms the car that is turning artist, or intellectual
of communication under state control, into the crosswalk. intellectual working in who selected a favorite
the radio became yet another medium How often does one the shadow of crisis. musical example and
of Nazi propaganda on which the Ger- hear the panhandler then offered reflec-
man people could hear the voice of the who is asking for change, or the busker tions on its meaning. (I still recall Julia
Führer. The irony, of course, is that it who is singing in the subway? The danger Kristeva on The Magic Flute.) More recent
was the massive expansion of wireless is that we may begin to lose the sense of examples include the Ideas series, hosted by
broadcasting in the 1920s that assisted belonging to the same world at all. Nahlah Ayed on the CBC Radio One, or
the Nazis in tightening their grip on Back when Benjamin delivered his In Our Time, hosted by Melvyn Bragg on
popular consciousness. The same was broadcasts by radio, he was preoccupied BBC Radio Four, or Le Pourquoi du com-
true in the United States, where the with the question of how we experience ment, a daily radio show on France Culture
wireless technologies introduced in the urban space, but he believed that we all that lasts all of six minutes each morning,
’20s became the preferred medium in could experience that space in common, in which the philosopher Frédéric Worms
the ’30s for hatemongers and conspira- and he even nourished a kind of utopi- offers brief, gemlike commentaries on phil-
cy theorists like Martin Luther Thom- an idea that modern technology could osophical themes. Along with well-known
as and Father Coughlin. No doubt all bring collective action—or possibly rev- Anglophone programs such as This Amer-
forms of mass media have this double olution. But the new technologies have ican Life and Radiolab, these broadcasts all
edge: They can enhance democracy but defeated this dream. They often make us share Benjamin’s spirit of curiosity and his
also destroy it. The same technologies not more united but more isolated from talent for conveying through the spoken
that are used for public benefit in broad- one another, while at the same time the word the sheer abundance of things that
casts such as WNYC’s On the sheer number of broadcasting signals can fascinate and inform, turning us all
42 Media with Brooke Gladstone or
Democracy Now with Amy Good-
has multiplied to the point where it’s en- back into children, listening with rapt at-
tirely conceivable that on a crowded city tention to the voices on the air. N
T H E N AT I O N 8.21–28.2023
A Black Hole
Christopher Nolan’s Oppenheimer
BY JORGE COTTE
robert oppenheimer made his most important ed. Oppenheimer does not yet know
contribution to physics in 1939. It was three years it, but in a few years, he will be part of
before he met Leslie Groves, four years before this war, helping to build its most ter-
they built a town in the New Mexico desert, and rifying weapon. Then he will become
an advocate for the control of this new
four years before they recruited thousands of sci- weapon, opposing its proliferation, and,
entists and their families to live there and work eventually, he will fall out of favor with
toward a singular goal: the development of a weapon of such de- his former colleagues.
structive power that it would end World War II, and perhaps even Oppenheimer is a story about a char-
STILL FROM OPPENHEIMER (COURTESY OF UNIVERSAL PICTURES)
all wars. Hitler had just invaded Poland, ismatic man of ideas, a figure of intense
and Oppenheimer, a professor at the call him “Oppie” and speculates on the willfulness who puts scientific theory
University of California, Berkeley, was mysteries of the cosmos. What happens to the test and becomes caught in the
working on a paper that used Einstein’s when a star dies? Does it burn out and harrowing consequences of his actions
theory of relativity to identify what we collapse? If so, does it fizzle out or does and convictions. Like several of Nolan’s
now call black holes. it implode and generate a gravitation- films, it tracks a figure of incredible ge-
The opening scene of Christopher al force so powerful it swallows even nius who endeavors, through sheer force
Nolan’s latest film introduces us to this light? A continent away, many of the of will, to transform ideas into realities
Oppenheimer (Cillian Murphy). Gaunt world’s most prominent physicists are that in the end have terrible out-
and dapper, he stands in a classroom
full of fawning graduate students who
being chased out of their countries by
the Nazis and the war they have start-
comes. Oppenheimer was not
the most profound of physicists.
43
B&AB O O K S the
A R T S
He was no Einstein or Niels Bohr. He did not come up with the theories that made for over a decade, and the congressional
the atomic bomb possible. Rather, he used his genius to see the whole picture and committee that is reviewing his appoint-
to organize hundreds of scientists around it, coordinating a lab so big it was a whole ment has concerns. Strauss first met Op-
secret town. In this way, he was a symbol of the arrogance, the nationalism, and the penheimer when he tried to recruit the
naivety that resided at the heart of the machinery that built the bomb. And he would world-famous physicist to the Institute
soon become a symbol of the violence that this machinery, once it was operational, for Advanced Study in 1947. But now
would unleash on the world and that would slip out of his control. that Oppenheimer has fallen out of fa-
Nolan neither indicts nor vindicates Oppenheimer. Instead, he maintains an in- vor—both with Strauss and many of the
timate proximity to him, documenting country’s cold warriors—Strauss finds
his captivating, then horrible, achieve- flounder in laboratory work. We fol- himself under the gun, interrogated by
ments and his eventual downfall. Like a low him as he zips across the European a panel of senators. Downey plays him
star that becomes a black hole, Oppen- continent, from Göttingen, where he as a man who likes to be in control; he
heimer burns so strongly he burns out studies theoretical physics, to Leiden and fought for a seat at the table and he will
and becomes a force that swallows up Zurich, before returning to the Unit- fight to keep it.
everything around it—himself included. ed States and moving to Berkeley and But as the line of questioning digs
Oppenheimer is based on the Pulitzer Caltech. Waves of static twist around the into the events leading up to Oppen-
Prize–winning biography by Kai Bird young man, particles shimmer before his heimer’s own security clearance hear-
and Martin Sherwin, and the title they eyes. Oppenheimer, we are told, sees the ings—how did they happen, and what
gave their book was apt: American Pro- world differently, but doesn’t know how was Strauss’s role?—Strauss finds that his
metheus. As Bohr observes in the film, to use his unique vision. fate is caught up with Oppenheimer’s,
invoking the myth, Oppenheimer has On the West Coast, the precocious whether he likes it or not. The menacing
helped create not just a new weapon but student becomes Oppie, charismatic elements of the machine—whether the
a frightening new world—one that now guru and brilliant physicist. He teach- bomb or the national security state—can
has the power to destroy itself. es himself Sanskrit and flirts with col- turn on its creators. Strauss may have
F
leagues’ wives. There is a ranch in New had Oppenheimer in his sights in 1954,
rom the outset, Oppen- Mexico to which he and friends run off but now the committee members have
heimer runs along two whenever they can. He follows his curios- Strauss in theirs.
T
tracks at once, each struc- ities, intellectual and romantic, wherever
tured by an official hear- they lead. He attends Communist Party he centerpiece of the
ing and distinguished by meetings and befriends leftist professors. film is the bomb’s devel-
the presence or the absence of color. The Women seem to be a consistent source of opment, testing, and de-
color track is set in 1954: Oppenheimer angst for him. He begins a romance with ployment, all carried out
sits before an Atomic Energy Commis- a communist medical student named on a mesa in the New
sion board that is questioning his loyalty Jean Tatlock (Florence Pugh) before Mexico desert called Los Alamos. There,
and threatening to revoke his security he meets the former communist Kitty Oppenheimer and Groves construct a
clearance. Before Oppenheimer helped Puening (Emily Blunt), who is already town to house the scientists, who will
the United States get married, which Op- develop the bomb in isolation; the town
the bomb, we learn, pie views as more of rises from the landscape like a film set.
he ran in a circle of a speed bump than a Here we see Oppenheimer at his most
communists and fel- In the film, Nolan stop sign. iconic: a wooden pipe in his mouth and
low travelers: He neither indicts By 1942, Oppen- a distinctive wide-brimmed hat on his
sent money to left- heimer’s inexhaustible head, suspenders and gray suit, hands in
ist groups during the nor vindicates energy has found a his pockets as the desert dust whips past
Spanish Civil War, Oppenheimer. new target. Despite him. It is here, in Los Alamos, that the
made friends and had the many rumors fly- film’s pacing also finally becomes more
love affairs with avowed communists, ing around—“dilettante,” “womanizer,” deliberate and deliberative.
and supported students trying to union- “suspected communist”—he catches the Oppenheimer is faithful to the science
ize the lab. At the time, the Soviet Union attention of Lt. Gen. Groves (Matt Da- that was done in Los Alamos, but it
was an ally, not an enemy, but the AEC’s mon), who recruits him to work on the doesn’t get too bogged down in scientific
suspicions are seemingly backdated, and then-secret Manhattan Project, tasked detail. The film is more concerned with
it wants answers. It also wants to know with building a novel weapon. The story how the project of building the deadliest
why Oppenheimer has become a vocal of the atomic bomb begins. weapon ever created became a mission
advocate of nuclear arms control. Parallel to this propulsive biograph- so monumental that it overshadowed any
During this hearing, Oppenheimer ical retrospective runs another track, doubts its creators held. When Groves
recounts his life in a whirlwind of im- set in 1959 and in black and white. asks whether the bomb could destroy
pressionistic and breathless episodes. We It follows the AEC’s chairman, Lewis the world, all Oppenheimer can tell him
see him as a homesick graduate student Strauss (Robert Downey Jr.), who has is that chances are near zero, quipping,
in Cambridge. We watch him been nominated to be the secretary of
44 read T.S. Eliot, admire cubist commerce. A self-professed self-made
paintings, meet Niels Bohr, and man, Strauss has known Oppenheimer
Jorge Cotte last wrote for The Nation on Boots
Riley’s I’m a Virgo.
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and his team map the location, erect a
news as it happens. platform, establish observation sites, ppenheimer has already
and finally disperse as their metallic garnered comparisons to
orb is put into place and then released. Oliver Stone’s JFK for its
When the bomb detonates, scientists historical scope, how it
and soldiers watch in awe. Oppen- is framed by official pro-
heimer returns to base camp a hero. ceedings and uses flashbacks and multi-
He is hoisted into the air by a swarming ple points of view to construct histories
crowd as if he were a sports champion. that can never quite be reconciled. But
Three weeks later, though, he is at a at its most powerful, the film is just as
lectern, looking out on an auditorium much like Pablo Larrain’s Jackie in its
full of scientists, engineers, and their commitment to telling the story of its
families. Word has just reached the title character through the character’s
residents of Los Alamos that the United perspective. Though we get beautiful
States has dropped an atomic bomb on vistas of the desert and, in the third act,
Hiroshima. There is cheering, jubi- the terrifying inferno of an atomic explo-
lation, foot pounding. Oppenheimer sion, Nolan uses his 70mm IMAX film to
walks onto the stage, but, rather than search for hints and revelations on Mur-
basking in the crowd’s adoration, he phy’s face. Murphy’s Oppenheimer never
makes an ambiguous statement: “The fully gives away what he is thinking.
world will remember this day.” There is no moment when the man is
Nolan keeps the camera closely fo- settled, or defined. He is always shifting,
cused on Murphy’s face. Behind him, a presence that is evasive.
the multicolored brick wall becomes a In his book The Meanings of J. Rob-
blurred and shuddering background. ert Oppenheimer, Lindsey Michael Banco
There is a flash, as if a bomb has gone describes his subject as a shifting sign, a
off there, too; a massive flare blankets the “cultural cipher with many, often con-
frame in white. Oppenheimer’s face is tradictory, meanings.” The film does not
bleached by the light; his blue eyes look shy away from these contradictions. Op-
out into the horrifying future that he has penheimer is self-important and actually
helped to create. Bodies dematerialize. important; he is the great salesman of
Oppenheimer catches sight of a young science, until the science he sells is no
woman whose skin is tattered, trembling longer in his control. He is an arrogant
in the wake of the blast. He takes a step and effective administrator, a bureaucrat
forward and hears a crunch: Beneath his willing to do all he must do to succeed in
foot is a charred body. his mission, and yet in the end he is also
This harrowing scene is the mov- a great doubter, trying to contain the
ie’s most direct confrontation with the destructive forces he has helped release
devastation Oppenheimer’s efforts have into the world. Nolan illuminates this
Scan code to sign up, wrought. We don’t see what happened enigmatic figure. But, like a black hole,
or go to: TheNation.com/ in Hiroshima or Nagasaki, but we do see Oppenheimer remains a contradiction,
climate-update-signup Oppenheimer watch the footage. Years an entity whose gravity absorbs any light
later, at the AEC hearing, the man in- we cast on him. N
CUBA:
HAVANA TO VIÑALES
with optional post-tour Trinidad extension
NOVEMBER 11–18, 2023
For more than 60 years, The Nation has called for lifting the US
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extend back to that commitment to forge a more sensible, sane,
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