Author Archives: Michael Froomkin

Blame the Parents

Several of the liberal blogs I read are in a lather about a recent poll showing that high school students don't really grasp the import of the First Amendment. In this, they are following the lead of the Knight Foundation, which conducted the survey as a part of $1 million research project, and issued the results under the scare headline Survey Finds First Amendment Is Being Left Behind in U.S. High Schools.

And, yes, the statistics are not so good.

  • Nearly three-fourths of high school students either do not know how they feel about the First Amendment or admit they take it for granted.
  • Seventy-five percent erroneously think flag burning is illegal.
  • Half believe the government can censor the Internet.
  • More than a third think the First Amendment goes too far in the rights it guarantees.

Both the foundation and the blogs I read conclude that this indicts high school civics education. And since I think high school civics classes tend to be awful, I can see why this is easy to believe.

Trouble is, these views of the First Amendment are not so different from what their parents say when surveyed. So it's just as likely that the kids get this stuff at home.

Consider this analysis of the First Amendment Center's eighth annual survey of adults' views of the First Amendment,

One theme persists over the eight years that the First Amendment Center has conducted the State of the First Amendment survey: In the minds of many Americans, there is a troubling disconnect between principle and practice when it comes to First Amendment rights and values.

Americans in significant numbers appear willing to regulate the speech of those they don’t like, don’t agree with or find offensive. Many would too casually breach the wall between church and state. There is, in these surveys, solid evidence of confusion about, if not outright hostility toward, core First Amendment rights and values.

If more than a third of teen respondents think the government should censor more, they are not that different from their parents, as the First Amendment survey reports that four in ten adults “believe the press has too much freedom.”

It's old news that many Americans don't have a knee-jerk reaction in favor of free speech. That is why the First Amendment is so important. Not only does it protect me against the censors, but it serves an educational and indeed an exaltative role. Fewer people tend to support “weakening the First Amendment” than agree people should not have the right to speak freely. And so it has been for a long time.

Posted in Law: Free Speech | 3 Comments

The Normans Conquer Lorain County

Eugene Volokh posts an entry on (well, really, against) Legalese in which a judge complains, with some justice, that the Normans have conquered Lorain County, Ohio.

Posted in Law: Everything Else | Comments Off on The Normans Conquer Lorain County

Intellectual Bankruptcy of Social Security Privatizers

Krugman explains the intellectual bankruptcy of the economics behind the most often heard case for privatization of social security. In Many Unhappy Returns Krugman shows that the economic assumptions required to generate the returns on stocks needed to earn the high returns predicted for private, personal, or whateveryoucallthem accounts require unrealistic assumptions.

And, alternately, if you believe our economy will have the kind of growth needed to earn the predicted returns, then there's no Social Security crisis anyway, because that amazing economic growth fill fund any possible future long-run shortfall.

Posted in Econ: Social Security | 8 Comments

Major Gitmo Ruling by Joyce Hens Green

Word is that this new decision by Judge Joyce Hens Green is important and (mostly) well-reasoned.

Early news coverage: Guantanamo Bay Military Reviews Ruled Illegal, U.S. Denies Guantánamo Inmates' Rights, Judge Says.

I haven't read it yet. Late tonight, I hope, if I get my work done…

Posted in Guantanamo | 9 Comments

What the World Needed: Wide-Awake Drunks

As someone who tends to fall asleep after a couple of beers, I can see how caffeinated beer seemed to make sense. For a few seconds, anyway.

Bartender, Pour Me Another Cup: America's largest brewing company, Anheuser-Busch, released its latest product last week — a beer that contains caffeine. …

The beer is called B{+E} — with the E raised up, like an exponent in math, which is why the name is pronounced “B to the E.” (The B stands for Budweiser. The E stands for extra.) Sold in 10-ounce cans, B{+E} contains 54 milligrams of caffeine — about half the dose found in an average cup of coffee. B{+E} also contains ginseng, the fabled herb, and guarana, an Amazonian berry frequently found in Brazilian soft drinks. …

At first, beer with caffeine sounds like a terrific idea. With caffeine in your beer, you can stay awake longer and do many delightful things, such as drink more beer. …

But wait:

Alas, there is a potential downside to this great breakthrough. Drinking too much beer sometimes makes people do stupid things, … Until now, beer guzzling was a self-regulating activity. Sure, drinking too much made you do stupid things. But drinking too much also tended to make you fall asleep before you got into trouble.

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Posted in Sufficiently Advanced Technology | 10 Comments

YATA (Yet Another Torture Allegation)

Via Jurist: Released Briton details assault, torture at Guantanamo

Posted in Guantanamo, Torture | 1 Comment