Tag Archives: service

Judge Rules NSA Surveillance Unconstitutional

Mother Jones

A federal judge ruled today that the NSA’s mass collection of telephone records is unconstitutional. Via Glenn Greenwald, Edward Snowden released this statement:

“I acted on my belief that the N.S.A.’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts,” Mr. Snowden said. “Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”

Well, I hope so. But keep in mind that Snowden didn’t expose this program to the light of day. We’ve known about it in fuzzy terms since late 2005, and in very specific terms since 2006, when Leslie Cauley reported it in USA Today. The agency’s goal, she wrote then, was to create a database of “every call ever made” within the nation’s borders. In the intervening seven years, this revelation has basically produced nothing except a collective yawn.

I’m delighted that Snowden helped this get more attention, and delighted that a judge wants it to stop. But district court judges make lots of rulings that never go anywhere, and this is most likely one of them. Unfortunately, recent history suggests that neither the American public nor Congress—and apparently not the president either—is inclined to seriously rein in the NSA’s phone record surveillance.

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Judge Rules NSA Surveillance Unconstitutional

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American Education: It’s Both Better and Worse Than You Think

Mother Jones

On Friday I excerpted an interview with M. Night Shyamalan in which he said that America practices “education apartheid.” If you look at just white kids, he said, “We beat everyone. Our white kids are getting taught the best public-school education on the planet. Those are the facts.”

Bob Somerby calls this “absurdly inaccurate,” and he has a point. Shyamalan is exaggerating, and I sloppily let it pass because I wanted to address what I thought was his primary point. So allow me to revise and expand a bit. Not as an excuse for a hurried post, but just to explain how I view this stuff.

For starters, when I look at international test scores, the first thing I usually do is toss out the scores from most Asian countries. Don’t worry: I don’t expect anyone else to do this, and I’m not claiming that any fair assessment should throw them out. But frankly, I just don’t care how well South Korea does, because I know how they do it. They do it by making their kids’ lives a living hell, schooling them for a dozen hours a day or more and then ruining their lives based on a single day or two of testing when they’re 17. As a result, they get high test scores. But who cares? I think we all know that you can get high test scores by cramming your brains out like that. It tells us nothing, and I very much doubt that it actually produces better-educated adults in the long run. It merely produces kids who can produce eye-popping standardized test scores at age 17.

So I toss out the fabled Asian miracle countries. Then I look at the rest. Do American kids outscore everyone else? Nope. Somerby is right about that. But that’s missing the forest for the trees. Let’s all agree that Shyamalan is both cherry picking a bit and inflating his claims. Two Pinocchios for Shyamalan! Instead, let’s just make the more accurate claim: If you compare America’s white kids to those of most other countries—aggregating all the evidence, not just one or two data points—they do pretty well. Not spectacularly well, but pretty well. I think a fair observer would conclude that these kids were getting a pretty good education. Probably as good or better than most other countries in the world.

And that claim, even though it’s more modest, is important. It means that American education isn’t, either philosophically or foundationally, a disaster area. Nor is it in decline. For most American children, it works fine and it doesn’t need radical changes. Rather, there’s a small subset of American children who have been badly treated for centuries and continues to suffer from this. We do a lousy job of educating them, but it’s not because we don’t know how to educate. We’ve just never been willing to expend the (very substantial) effort it would take to help them catch up.

Anyone who disagrees with this conclusion is welcome to argue about it. But I think it’s one of the paramount facts about education in America. If you ignore it, your diagnosis of our educational problems is almost certain to be badly wrong. In the end, the fact that Shyamalan recognizes this so forthrightly strikes me as more important than the fact that he gets a little too far over his skis when he talks about it.

As for Shyamalan’s proposed five-point plan to fix things, I’ll repeat that I don’t think they’re silver bullets or that they’re unassailable. But as a group, they struck me as pretty reasonable compared to most of the educational reforms that dominate our conversation. For that reason, I welcome his debut into the ed wars.

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American Education: It’s Both Better and Worse Than You Think

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Democrats Plan to Fight For Unemployment Benefits in January

Mother Jones

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Greg Sargent reports on the latest Democratic plan to get Republicans to agree to extend unemployment benefits:

Dems who are pushing for an extension have hatched a new plan to do just that: Once Congress returns, they will refuse to support the reauthorization of the farm bill — which will almost certainly need Dem support to pass the House — unless Republicans agree to restart unemployment benefits with the farm bill’s savings.

“Under no circumstances should we support the farm bill unless Republicans agree to use the savings from it to extend unemployment insurance,” Dem Rep. Chris Van Hollen, a top party strategist, told me today. “This is a potential pressure point. We’re going to have to resolve differences in the farm bill because otherwise milk prices will spike. If past is prologue, they are going to need a good chunk of Democrats to pass the farm bill.”

Good. In normal times, of course, all the usual arguments against extending benefits would be pretty compelling. It really would provide a disincentive to go out and find work. But today, when there are three or four job seekers for every job available, that’s just not an issue. People aren’t unemployed for long periods because they’re lazy. They’re unemployed because they can’t find a job. Lots of them are married and college educated. As AEI’s Michael Strain points out, “Someone who has been unemployed for 30 or 35 or 40 weeks, and is in their prime earning years with kids and education … It strikes me as implausible that this person is engaged in a half-hearted job search.”

Even lots of conservatives agree that we should continue to extend unemployment benefits as long as the job market remains anemic. This really shouldn’t be a partisan issue.

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Democrats Plan to Fight For Unemployment Benefits in January

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M. Night Shyamalan Steps Into the Education Wars

Mother Jones

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This is kind of weird. M. Night Shyamalan has apparently gotten a little bored with making movies, and has instead spent the past year or so writing a book. About education. And unlike other folks who parachute into the ed debates with the usual silver bullets (more charter schools! higher standards! fewer teachers unions!), he actually diagnoses the problem correctly:

You know how everyone says America is behind in education, compared to all the countries? Technically, right now, we’re a little bit behind Poland and a little bit ahead of Liechtenstein, right? So that’s where we land in the list, right? So that’s actually not the truth. The truth is actually bizarrely black and white, literally, which is, if you pulled out the inner-city schools — just pull out the inner-city, low-income schools, just pull that group out of the United States, put them to the side — and just took every other public school in the United States, we lead the world in public-school education by a lot.

And what’s interesting is, we always think about Finland, right? Well, Finland, obviously, is mainly white kids, right? They teach their white kids really well. But guess what, we teach our white kids even better. We beat everyone. Our white kids are getting taught the best public-school education on the planet. Those are the facts.

This is true. If you compare American white kids to, say, Finnish or Polish or German white kids, we do just as well. But we do an execrable job of teaching our black and Hispanic kids. In ed conversations, this usually gets referred to as the “achievement gap”—a deliberately watery term that Shyamalan has no use for. He calls it “education apartheid,” and what it means is that our schools qua schools are basically fine. It’s mostly our inner city schools with big low-income black and Hispanic populations that fail us:

So what are Shyamalan’s solutions? He’s got five:

Get rid of the bottom 2-3 percent of truly terrible teachers.
Make the principal the chief academic and head coach. Let another person handle school operations.
Constant feedback to teachers and students.
Small schools (not small classes).
Increased instructional time. Extend the school day and do away with summer vacation.

I don’t want to pretend that Shyamalan has all the answers here, or that his five interventions are themselves silver bullets. But I’ll say this: based on my sense of the literature and the endless number of n-point plans I’ve read over the years, Shyamalan’s sounds pretty reasonable. At the very least, his book is a welcome addition to the debate.

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M. Night Shyamalan Steps Into the Education Wars

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Panel Set to Recommend Modest Changes to NSA Surveillance Programs

Mother Jones

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I’ve been wondering recently whatever happened to that task force on surveillance activities, and today brings news that they’re just about to release their recommendations. First up is this:

The proposal likely to gain the most attention would revamp the NSA phone records program….The proposal to have that data held by a phone company or a third party would effectively end the controversial NSA practice known as bulk collection. NSA could collect data only after meeting a new higher standard of proof.

That would be a step in the right direction. If the phone record program continues, there’s no reason the data can’t be held by a separate agency, available to the NSA only after they obtain a particularized subpoena for it. Done properly, this would provide access to all the information they need and is unlikely to slow them down in any serious way. There’s also this:

Another likely recommendation, officials say, is the creation of an organization of legal advocates who, like public defenders, would argue against lawyers for the N.S.A. and other government organizations in front of the Foreign Intelligence Surveillance Court, the nation’s secret court that oversees the collection of telephone and Internet “metadata” and of wiretapping aimed at terrorism and espionage suspects. Mr. Obama has already hinted that he objects to the absence of any adversarial procedures in front of the court’s judges.

That’s also a good step. It’s absurd that the FISA court works without anyone arguing against the government’s position. Other expected recommendations include:

Civilian leadership for the NSA.
Splitting the NSA’s code making group away from the rest of the agency.
Presidential approval for spying on foreign leaders.
Codifying and announcing stricter standards to protect the privacy of foreign citizens.

In the end, I suspect that most of this will amount to very little. But it’s better than nothing. Thanks, Edward Snowden.

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Panel Set to Recommend Modest Changes to NSA Surveillance Programs

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Bill Moyers: "That Sound You Hear Is the Shredding of the Social Contract"

Mother Jones

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This story first appeared on the TomDispatch website.

I met Supreme Court Justice William Brennan in 1987 when I was creating a series for public television called In Search of the Constitution, celebrating the bicentennial of our founding document. By then, he had served on the court longer than any of his colleagues and had written close to 500 majority opinions, many of them addressing fundamental questions of equality, voting rights, school segregation, and—in New York Times v. Sullivan in particular—the defense of a free press.

Those decisions brought a storm of protest from across the country. He claimed that he never took personally the resentment and anger directed at him. He did, however, subsequently reveal that his own mother told him she had always liked his opinions when he was on the New Jersey court, but wondered now that he was on the Supreme Court, “Why can’t you do it the same way?” His answer: “We have to discharge our responsibility to enforce the rights in favor of minorities, whatever the majority reaction may be.”

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Bill Moyers: "That Sound You Hear Is the Shredding of the Social Contract"

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The Tea Party Takes One On the Chin

Mother Jones

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We have a budget:

In their final action of the year, the House approved the budget 332 to 94, with 169 Republicans and 163 Democrats voting in favor….

Not bad! I guessed “at least 150 Republican votes,” and we got 169. And with that, I shall retire from the vote-counting game. This is likely to be my high point.

So is this the beginning of the end for the tea party, as their frothing charges of treason earned them nothing but a dressing down from John Boehner and the rest of the House leadership? Or does crossing the tea party just make Boehner and Ryan and the rest more vulnerable to future shakedowns? Stay tuned.

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The Tea Party Takes One On the Chin

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WATCH: Don’t Fall for Surveillance Talking Points Fiore Cartoon

Mother Jones

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Mark Fiore is a Pulitzer Prize-winning editorial cartoonist and animator whose work has appeared in the Washington Post, the Los Angeles Times, the San Francisco Examiner, and dozens of other publications. He is an active member of the American Association of Editorial Cartoonists, and has a website featuring his work.

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WATCH: Don’t Fall for Surveillance Talking Points Fiore Cartoon

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The Venn Diagram That Explains How the Ryan-Murray Budget Deal Happened

Mother Jones

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The House just passed the Ryan-Murray budget deal, signaling an unexpected end to the cycle of budget crises and fiscal hostage-taking. A few weeks ago, such an agreement seemed distant. Sequestration had few friends on the Hill, but the parties could not agree on how to ditch the automatic budget cuts to defense and domestic spending. Republicans had proposed increasing defense spending while taking more money from Obamacare and other social programs, while Democrats said they’d scale back the defense cuts in exchange for additional tax revenue. Those ideas were nonstarters: Following the government shutdown in October, Senate Majority Leader Harry Reid (D-Nevada) called the idea of trading Social Security cuts for bigger defense budgets “stupid.”

Which explains why Rep. Paul Ryan and Sen. Patty Murray’s deal craftily dodged taxes and entitlements while focusing on the one thing most Republicans and Democrats could agree upon: saving the Pentagon budget. Ryan’s budget committee previously declared the sequester “devastating to America’s defense capabilities.” Murray had warned of layoffs for defense workers in her state of Washington as well as cuts to combat training if sequestration stayed in place.

The chart above shows why military spending is the glue holding the budget deal together. It also shows how any remaining opposition to the bill in the Senate may bring together even stranger bedfellows than Ryan and Murray: progressive dove Bernie Sanders (I-Vt.) and sequestration fan Sen. Rand Paul (R-Ky.).

We’ve got much more coming on military spending and how the Pentagon just dodged a budgetary bullet. Stay tuned.

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The Venn Diagram That Explains How the Ryan-Murray Budget Deal Happened

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"Seinfeld" Writer Takes on Conservative Outrage Over Holiday Festivus Pole Protests

Mother Jones

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A fake holiday popularized by Seinfeld has become the symbol of secular pushback against religious dominion over American public life. Or something like that.

The Wisconsin and Florida state capitols currently have Festivus poles on display. To the uninitiated, the Festivus pole is a key component in the celebration of Festivus, a bizarre and agonizing December 23 holiday made famous by “The Strike,” a 1997 episode of the beloved NBC sitcom Seinfeld. Since the episode aired, the holiday has taken on a life of its own. House Majority Leader Eric Cantor (R-Va.) has thrown Festivus fundraisers, for example. And at the Florida Capitol in Tallahassee on Wednesday, self-proclaimed “militant atheist” activist Chaz Stevens erected a 6-foot Festivus pole made out of empty Pabst Blue Ribbon beer cans in the state house rotunda in protest of the privately funded nativity scene at the capitol.

Harry Mihet, of the “religious liberty” law firm Liberty Counsel, called Stevens’ views “extreme” and his display offensive. “Is this how PC we’ve gotten in our society, really?” Fox News host Gretchen Carlson said on Tuesday. “I am so outraged by this. Why do I have to drive around with my kids to look for nativity scenes and be like, ‘Oh, yeah, kids, look. There’s Baby Jesus behind the Festivus pole made out of beer cans!”

So what does the man responsible for the world’s long love affair with Festivus think about all of this?

“Am I to understand that some humanoid expressed outrage that the baby Jesus was behind a pole made of beer cans?” Dan O’Keefe, who co-wrote the Seinfeld episode, tells Mother Jones. O’Keefe (whose other credits include The League, The Drew Carey Show, and Mike Judge’s upcoming Silicon Valley comedy on HBO) claims he hadn’t even heard the Festivus-pole protest news until Mother Jones reached out to him. But having Googled around a bit, he’s rendered a verdict.

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"Seinfeld" Writer Takes on Conservative Outrage Over Holiday Festivus Pole Protests

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