Moral Wars

October 6, 2007
Posted by Jay Livingston

The mayor of San Francisco, Gavin Newsom, came out against the War on Drugs.
“You want to get serious? Reduce crime in this country by 70-percent overnight? End this war on drugs.”

The mayor calls the national drug policy an abject failure, especially crack cocaine sentencing.
The mayor’s comment was all the more surprising for coming in response to news that San Francisco’s murder rate is up sharply this year. Instead of saying the war on drugs is a failure, an American leader should be calling for a surge. At least that’s what we would expect.

Why do we find war such an attractive idea? The appeal of war and its metaphors seems to clash with the American pragmatism. We supposedly prefer looking for practical solutions to problems. Yet we also seem to gravitate naturally towards moralistic views of the world. If there’s something we don’t like, we prefer to think of it as an evil. The next logical step is to ban it and then to declare war on it. Prohibition wasn’t the first such effort, and it wasn’t the last. It’s just the only one that’s written into the Constitution. Later wars, on terror or on drugs, are written in legislation and in judicial decisions. And in our consciousness.

We are, of course, a peaceful nation; we never start a fight. We’re Gary Cooper in High Noon. We react to a threat from the bad guys. When that threat is so evil as to require a war, the obvious corollary is that if we don’t fight this war and achieve victory, our very existence will be undermined. That’s the logic behind the idea that if we don’t fight them over there, we’ll have to fight them here. It’s the logic of moral absolutes rather than the logic of geography, politics, and strategy.

Framing something as war has some important consequences. First, even to question the usefulness or effectiveness of the war becomes tantamount to treason. There’s a war on drugs, and Mayor Newsom wasn’t supporting the troops. He was practically on the side of the enemy.

Second, since the enemy is evil incarnate and threatens our existence, and since we must defend ourselves against this aggression, anything we do is justified. If we’re fighting for our life, anything goes. The war on terror has given us a running tab of $10 billion a month, Abu Ghraib, Guantànamo, torture, and the Patriot Act. The war on drugs has had similar consequences (see “This is Your Bill of Rights on Drugs”). It has cost an enormous amount of money, giving rise to the incarceration-industrial complex, and it has needlessly and wastefully locked up tens of thousands of people. All with meager results.

It turns out there has been some progress in the war on drugs. In the past few months, cocaine prices are up and purity is down. The cause, however, is all on the supply side of the equation and the Mexican side of the border. The Mexican government is cracking down on the cartels, trying to win back cities controlled by the them. Perhaps more important, the cartels are in the midst of a serious war with one another for control of border crossings. Neither of those factors has anything to do with the long sentences we are still handing out to US buyers and sellers.

Other countries, at least their governments, prefer to approach drugs and terror as problems to be mitigated or even solved. Last month, in a lighter post on men’s room carelessness, I contrasted the Dutch solution (a trompe l’oeil fly in the urinal for guys to shoot at) with an imagined American approach – a War on Splashing with severe penalties for bad aim.

Punitive solutions are morally satisfying – I’d really like to stick it corporate polluters rather than let them trade emissions allowances; it’s just that non-moralistic approaches often work better and at less cost to our finances and our freedoms.

Survey This

October 4, 2007
Posted by Jay Livingston

Often in class when I ask students how they might find out about some variable, their response is, “Do a survey.” It’s almost as though a survey were a magical rite with mystical powers able to reveal the unknowable. Maybe some of them are, but the reality – the way many surveys are actually done – has made me a bit skeptical.

I was polled twice yesterday. My phone number must be on a “do-call” list for pollsters. I don’t mind. In fact, I find it interesting to be on the other side of the questionnaire. When the interviewer asks if I’d be willing to participate, I say, “Yes, if you’d be willing to answer some of my questions when we’re done.”

I usually ask the same questions. Last night for example, I discovered that my interviewer was in New Mexico, though he was asking me about a court case – a complicated civil suit – in New York. He was getting $6 an hour, which is maybe why the polling company hires people in Las Cruces rather than in Las Bronx. In three nights of calling, he’d completed five interviews and had a lot of refusals. So we respondents were not exactly a random sample. He didn’t know whether it was the defendant or one of the plaintiffs who was footing the bill for this research, which we agreed was probably good methodology.

The case was complex – it involved at least four “parties,” verbal agreements vs. written ones, and multiple deals that were contingent on other deals. I’d tell you more but I promised I’d keep mum till after the trial. Besides, I’m still not sure I understand it. The questions setting up the case were long and involved, and my interviewer (a college kid studying athletic management) read through them at verbal warp speed. I was surprised that anyone would respond. Or if they did respond, whether they knew what they were responding to. It wasn’t until he’d gone through three or four questions that I was able to form even a murky picture of the case. I'm still not sure I have the names straight.

On the basis of this, I thought, they’re going to decide who to select for the jury and how to present the case. And then I wondered: if they lose, are they going to sue the company that sold them on this survey?

Steeler Nation

September 30, 2007
Posted by Jay Livingston

It’s nice to have your ideas confirmed in the newspaper of record.

Last November, after the Democratic win in the election, I blogged to the effect that the Steelers had replaced the Cowboys as America’s team. I had thought of doing a follow-up post on the same topic, but I’ve been scooped. On Saturday, the central piece on the New York Times op-ed page was an essay about Steeler Nation.

The author, fashion writer Holly Brubach, writes about finding Steeler fans at bars in Rochester, MN, San Francisco, Toronto, and other cities. “Steeler nation seems to outnumber the fans of every other franchise.”

“Seems.” As a social scientist, I know not “seems,” lady. I was waiting till I found some data. And when I do, I’ll blog the Steelers again.

But I admit what inspired me was something like Brubach’s personal experience. A couple of weeks ago, my son, who has become something of a Steelers fan, was prodding me to find a sports bar where we might watch the game. I Googled local sports bars and called the closest one.

Yes, said the woman who answered the phone, they have football games that the regular channels don’t.

“Will you have the Steelers game?” I asked.

“This is a Steeler bar,” she said, surprised, almost offended, as though I’d asked whether they served beer. She added, however, that all the tables had been reserved long ago, though if I showed up early enough, I might be able to squeeze in at the bar.

On Sunday, we walked past that bar. It was about 15 minutes till gametime, and outside on the sidewalk, where smokers are now exiled in New York City, a woman in a Jerome Bettis jersey was talking with a Mean Joe Greene. Through the large front window I could see that the bar area was packed with people in Steeler regalia.

(On days when the Steelers play the 4:15 game, Steeler Nation waits on the sidewalk for the one-o’clock game fans to clear out of the bar, as in these pictures.)

We went to a less crowded bar three blocks further on. Only two people were in black-and-gold jerseys. But even there, pride of place (i.e., the large projection screen and the audio) was given to the Steelers. They crushed the Bills, 26-3.

The Institutionalization of Hysteria

September 28, 2007
Posted by Jay Livingston

At the Republican debate Thursday Ron Paul called for an end to the war on drugs. OK, Ron Paul isn’t a very prominent candidate. The leading Republican candidates didn’t show up – after all, the debate was to focus on racial issues, and the audience was predominantly black. Still, Paul’s statement is noteworthy.

Back in the late 1980s I was visiting in Washington, DC. I don’t remember the circumstances, but some people I didn’t know were giving me a ride, and somehow the topic of drugs came up. These people, husband and wife, were lawyers – maybe they worked for the government – and one of them started to say something about the current atmosphere surrounding the topic. He stopped in mid-sentence, searching for the right word, as though a misstatement might be very costly.

“Hysteria?” I offered.

Well, they wouldn’t put it quite like that, they said. But two things were clear to me. One, they agreed that policy and public opinion on drugs had gone way past being rational. And two, they were afraid to let others know their views. It would have been like someone in Salem in 1692 saying that maybe we’ve gone a little overboard on this witch thing.

Here we are two decades later, and at least in the public mind, drugs have been replaced by other fears, notably terrorism. It’s hard to keep two moral panics going simultaneously. (See last December’s entry “The War on Drugs.” )

But we are still living with the consequences of that hysteria. Emotions come and go. Institutions and laws are much more durable. And the fears and moral panic of decades past has become institutionalized. The sentences written into law are the most egregious consequence. Judicial precedents and rulings are usually less glaring, but they are part of the same process.

A couple of days before Ron Paul made that statement, an appeals court upheld the strip search of a 13-year-old Arizona schoolgirl. School authorities suspected her of carrying drugs – prescription-strength ibuprofen. Basically, a double dose of Advil. The strip search was perfectly legal, said two of three judges interpreting the law.

Once the hysteria gets written into law, the original emotion becomes irrelevant. Supreme Court Justice Samuel Alito is about the least emotional person you could imagine. Yet when he was an appeals court judge, he wrote a strictly legal and technical opinion that would have allowed the strip search of a 10-year-old girl.

For what it’s worth, in neither strip search did the authorities find drugs.