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    [post_content] => For long-suffering low-and-minimum wage workers, the pandemic was the last straw.

Workers across the United States are finally saying they’ve had enough. Nineteen months into the pandemic, 24,000 of them are exercising the strongest tool they have: the power to withhold their labor. With the country already facing severe supply chain disruptions, these strikes have put added pressure on employers to improve wages and working conditions.

At the John Deere factories in Iowa, Kansas, and Illinois, 10,000 employees represented by the United Auto Workers (UAW) went on strike after rejecting a proposed contract that included wage increases below inflation levels and the elimination of pensions for new employees. Other strikes include 2,000 healthcare workers at Buffalo’s Mercy Hospital; 1,800 telecom workers at California’s Frontier Communications; and 1,400 production workers at several Kellogg’s cereal plants.

Thousands of additional workers have authorized strike votes. Earlier this month, an overwhelming majority of workers in the International Alliance of Theatrical Stage Employees (IATSE), which represents over 60,000 people in the film and TV industry, voted in favor of a strike. A few days later, 24,000 Kaiser Permanente healthcare workers in California and Oregon followed suit. Harvard’s graduate student union, with roughly 2,000 members, also authorized a strike with a 92 percent vote.

“Workers are fed up working through the pandemic under the conditions they've been working in,” says Joe Burns, a former union president and author of “Strike Back: Using the Militant Tactics of Labor’s Past to Reignite Public Sector Unionism Today.”  The strike wave “also reflects that there's a tight labor market.”

“We’ve noticed a considerable uptick in the month of October,” says Johnnie Kallas, a PhD student at Cornell’s School of Industrial and Labor Relations (ILR) and Project Director for the ILR Labor Action Tracker. The ILR has tracked 189 strikes this year. Of those, 42 are ongoing in October while 26 were initiated this month

Kallas and his team have been collecting data on strikes and labor protests since late 2020; they officially launched the Labor Action Tracker on May Day of this year. “There’s a lack of adequate strike data across the United States, says Kallas. “We thought this was a really important gap to fill.” The Bureau of Labor Statistics (BLS), he explains, only keeps track of work stoppages involving 1,000 employees or more, and which last an entire shift. “As you can imagine, this leaves out the vast majority of labor activity,” Kallas says.

Workers are demanding higher wages, adequate benefits like healthcare and pensions, improved safety and working conditions, especially concerning COVID-19, and reasonable working hours. The ILR Tracker has also been keeping tabs on “labor protests” —i.e., “collective action by a group of people as workers but without withdrawing their labor” —which aren’t recorded by BLS at all.

The federal minimum wage has been stagnant at $7.25 an hour since 2009, even as inflation has increased by 28 percent since then. Meanwhile, over the past year consumers have seen a sharp increase in the cost of everyday goods such as bacon, gasoline, eggs, and toilet paper due to the pandemic. This means workers’ wages aren’t going nearly as far as they used to.

For months, the media has been reporting on a “labor shortage” that has purportedly left employers unable to fill jobs. Fast food restaurants have posted signs that read: “We are short-staffed. Please be patient with the staff that did show up. No one wants to work anymore.” Small business owners and corporate CEOs alike have gone on cable news to complain about the hundreds of thousands of people who prefer to live on government assistance rather than find a job. But the truth, said Kallas, is that there’s no shortage of labor. Rather, employers can’t find people to work for the wages they’re offering.

Saturation coverage of the labor shortage has come at the expense of amplifying the human cost of the government’s having cut unemployment benefits for 7.5 million workers on Labor Day, while an additional three million lost their weekly $300 pandemic unemployment assistance. Time magazine called it the “largest cutoff of unemployment benefits in history.”  Just two weeks earlier, a flurry of newly published studies showed that states that chose to withdraw earlier from federal benefits did not succeed in pushing people back to work. Instead, they hurt their own economies as households cut their spending to compensate for the lost benefits.

In Wisconsin, instead of increasing benefits or raising the minimum wage, state legislators have decided to address the labor shortage by putting children to work. Last week, the state senate approved a bill that would allow 15 and 16-year-olds to work as late as 9 p.m. on school nights and 11 p.m. on days that aren’t followed by a school day. The only state legislator to speak out against the bill was Senator Bob Wirch, who said that “kids should be doing their homework, being in school, instead of working more hours.”

Despite these setbacks, the tight labor market has given workers considerable leverage. “Workers are more confident that they can strike and not be replaced,” says Burns. In places where non-union labor, or “scabs,” have been brought in to replace striking workers, there have been several incidents that underscore the importance of a union in creating a safe work environment.

Jonah Furman, a labor activist who has been covering the John Deere strike closely, reported that poorly trained replacement workers brought in to a company facility were involved in a serious tractor accident on the morning of their first day.

A higher profile and more deadly incident occurred last week when the actor Alec Baldwin fatally shot cinematographer Halyna Hutchins with a prop gun that was supposed to contain only blank rounds. According to several reports on the incident, the union camera crew quit their jobs and walked off the set earlier that day to protest abysmal safety standards—and were immediately replaced with inexperienced, non-union labor. “Corners were being cut — and they brought in nonunion people so they could continue shooting,” one crew member told the LA Times.

Kallas says the incident “clearly demonstrates the importance of workplace safety and the significance of capturing both strikes and labor protests” when collecting data. “What's becoming increasingly common are these walkouts and mass resignations,” he says. He mentioned a Burger King in Nebraska where the entire staff walked out to protest poor working conditions that included a broken air conditioner in 90° F temperatures and staff shortages. They left a note on the door that said, “We all quit. Sorry for the inconvenience.”

In another non-strike labor action, dozens of non-union school bus drivers in Charles County, Maryland called in sick to protest their low wages and lack of benefits. Over 160 bus routes were affected by the action. Meanwhile, adjacent school districts that are critically short of bus drivers find themselves unable to attract new candidates because of the perceived risk associated with driving a bus crowded with children during the pandemic. In an Opinion piece for The Guardian US, former Secretary of Labor Robert Reich suggested that the United States was in the grips of an unofficial general strike, with workers quitting their jobs “at the highest rate on record.” Why? Because they were “burned out,” fed up with “back-breaking or mind-numbing low-wage shit jobs.” The pandemic, asserted Reich, was “the last straw.” In July, an anonymous group called for a general strike on October 15, but the day came and went without much fanfare. “Traditionally, general strikes happen because workers actually want to go on strike, and not because someone declares it on Facebook or Twitter,” says Burns. Rosa Luxemburg, the German socialist and philosopher who rose to prominence at the beginning of the last century, believed general strikes were the tool to usher in social revolution after developing class consciousness through the patient building of worker organizations, such as unions. “That’s not happening today,” says Burns. The 24,000 striking workers today pale in comparison to the mass strikes of the early to mid-twentieth century, when workers shut down production by the hundreds of thousands. Some 4.6 million workers went on strike in 1946, accounting for 10 percent of the workforce. Today things aren’t as simple. In August 1981, President Ronald Reagan fired over 11,000 air traffic controllers who went on strike after negotiations between the Federal Aviation Administration broke down. These workers were prohibited from ever working for the federal government again, creating a chilling effect among unions. Reagan’s action set the tone for labor relations for the next four decades, while his administration ushered in a new era of corporate dominance, known as neoliberalism. Today, corporations such as Amazon regularly use threats, intimidation tactics, and surveillance against employees to prevent them from unionizing. “When workers engage in a true strike wave, politicians want to step in and regulate it and establish some procedures,” says Burns. The Taft-Hartley Act was passed one year after the general strikes of 1946, making wildcat strikes, secondary boycotts, and union donations to federal political campaigns illegal. The act also allowed states to pass right-to-work laws, severely limiting effective union organizing, and required union officers to sign affidavits pledging they were not communists. The Red Scare, initially sparked by the Russian Revolution of 1917, resulted in sustained attacks against organized labor, particularly the leftist Industrial Workers of the World, or “Wobblies.” By the end of the Second World War, with labor militancy intensifying and the power of the Soviet Union growing, the Red Scare had morphed into a reign of terror against an “internal enemy.” Reagan later used language from the Taft-Hartley Act that prohibited workers from striking against the government to declare the air traffic controllers’ strike illegal. [caption id="attachment_3393" align="aligncenter" width="640"] Industrial Workers of the World (IWW) demonstration in New York City, 1914.[/caption] Today, workers face serious legal barriers to organizing under a system of labor law that favors the employer. Over the years, these laws have restricted the scale with which strikes can be organized and the total number of workers who belong to unions. At the peak of organized labor in 1954, 34.8 percent of American wage and salary workers belonged to a union; by 2020, that number was down to 10.8 percent, a trend that has been closely linked to decreased wages over the last few decades. Against these grim numbers, legislation like the Protecting the Right to Organize (PRO) Act could make a huge difference to labor organizing. The PRO Act would allow workers to engage in secondary boycotts, restrict right-to-work laws, ban anti-union captive audience meetings and exact financial penalties against companies found to be in violation of the law. The bill is something President Joe Biden campaigned on during the 2020 presidential election and has pushed to include in his Build Back Better agenda. “I'm skeptical based on actual history that we're gonna see a legislative fix to this problem,” says Burns. “When workers are militant and engaged in activity, legislation will follow. Not the other way around.” The strike wave we’re witnessing today speaks to a growing militancy against several decades of sustained corporate combat. It’s an uphill battle that no one union can win in isolation. With organized labor depleted and battle weary, the only path forward is to enlist other workers to fight by organizing new unions and activating those that already exist. Only by growing its numbers will labor enact the systemic change necessary to put working people on better footing. As labor activists have long proclaimed, “there’s no such thing as an illegal strike, only an unsuccessful one.” [post_title] => Striketober: America's workers are rising up [post_excerpt] => Workers are demanding higher wages, adequate benefits like healthcare and pensions, improved safety and working conditions, especially concerning COVID-19, and reasonable working hours. [post_status] => publish [comment_status] => closed [ping_status] => open [post_password] => [post_name] => striketober-americas-workers-are-rising-up [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:08:26 [post_modified_gmt] => 2024-08-28 21:08:26 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=3384 [menu_order] => 167 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Striketober: America’s workers are rising up

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    [post_content] => No one is forbidding anyone from using the term 'woman' or 'mother.'

On October 15 Rosie DiManno, a Canadian journalist, wrote a contentious column for the Toronto Star, in which she claimed that women were being “erased” because British health care providers were introducing gender-inclusive language to accommodate nonbinary people and transgender men. The practice of referring to a menstruating or pregnant person instead of a menstruating or pregnant woman was, DiManno asserted, tantamount to “blotting women out” and bore a “whiff of misogyny.” DiManno’s grievance mongering, with her anger directed at transgender people, follows a pattern we have come to expect from TERFs—the acronym stands for “trans exclusionary radical feminist”—and their enablers. Almost invariably, they invoke problems that do not exist as a means of preempting the expansion of rights and reasonable accommodations for trans people.

Whether the imaginary problem du jour is “men in dresses” invading public bathrooms or, as in DiManno’s op-ed, the supposed erasure of language that captures quintessentially female experiences, this tactic embodies reactionary politics of grievance and scapegoating. The subtext is that transgender women are “really” men, transgender men are “really” women, and nonbinary people don’t exist. DiManno’s views are widely known to Canadian newspaper readers, and rarely elicit a response, but this particular column received international attention because Margaret Atwood promoted it approvingly on Twitter. This is indeed disappointing. Even more disappointing is that Atwood refused to listen to those who alerted her to the trans-antagonistic nature of DiManno’s commentary. Instead, she doubled down.

Before exploring these developments and the key issue of inclusive language in more detail, let me get a couple of things out of the way. First, no one is forbidding anyone from using the term “woman” or “mother.” Secondly, I’m not here to “cancel” an 81-year-old literary icon, even if I had the power to do so. I taught The Handmaid’s Tale in 2018 for an arts and humanities theme course on apocalypse and dystopia in the University of South Florida’s Honors College; and, while I am not planning a return to the classroom, I would teach that book again. Atwood’s novel is an immensely important exploration of what can happen when religious extremism runs amok, with the harm disproportionately falling on women and queer people (“gender traitors” in the terminology of Gilead), and for that reason it is painfully relevant in our time.

As a trans woman, I have no trouble discussing access to abortion care as a woman’s issue, although it doesn’t fit exclusively under that rubric because it also affects trans men and some nonbinary individuals, which makes it also an LGBTQ issue. Nor is access to abortion an issue that affects all women. Cisgender women who are unable to conceive, have had hysterectomies, have gone through menopause, or who have certain intersex conditions, are not personally affected by abortion access issues, but no one would get defensive about applying the word “woman” to people in most of those categories.

I would like to pause here to point out that I unabashedly typed “woman” or “women” five times in the above paragraph, because in each case that was the most fitting term. In addition, in my recent commentary on Brittney Poolaw’s horrific manslaughter conviction in Oklahoma for suffering a miscarriage, I used the word “women” 10 times; by contrast, I used the inclusive phrase “anyone who can get pregnant” just once.

To the second point above— i.e., the issue of “cancel culture”— it should go without saying that criticizing the views of a public figure is not censorship. A highly visible public figure should expect that the expression of their opinion on political concerns will elicit a variety of responses and should be prepared for criticism. Even if one is not a public figure, the right to free speech is not the same as an exemption from consequences for expressing hateful or bigoted views.

In addition to the degree of offense, power dynamics should be taken into consideration. This should be axiomatic for feminists. And yet, when it comes to these issues and “cancel culture,” anti-trans self-described feminists are suddenly unable to understand that women (see what I did there?) like Atwood, gazillionaire Harry Potter author J.K. Rowling, and DiManno are not vulnerable people who have to worry about financial insecurity or access to healthcare. They all have white and cis privilege, and they have far more power than the average woman. Trans people, by contrast, are disproportionately poor, highly vulnerable to “cancellation” via scapegoating, likely to face barriers to healthcare access, and, especially in the case of Black trans women, disproportionately subjected to violence up to and including murder.

There is one issue DiManno raised on which I agree with her and, by extension, Atwood: the anatomy of the female reproductive system has historically been erased due to patriarchy and puritanism. Encouraging girls and, indeed, all of us to have a better understanding of the vulva, the clitoris, the cervix, the uterus, and so forth is something our society needs. Jennifer Gunter’s 2019 bestseller The Vagina Bible was a much needed intervention, and I am very glad it exists. At the same time, there is something very odd about women who identify with feminism, a movement that has sought to decouple a woman’s value from reproduction and childrearing, to suddenly wish to define women precisely in those terms so long as it means not having to accommodate “those people.”

Regarding inclusive language, I disagree with DiManno and Atwood’s claim that using it as a means of accommodating some people who can get pregnant undermines the goal of increasing literacy about female anatomy and reproduction. DiManno completely misrepresented the facts to make her case, by referring to an article in The Lancet about UK hospitals using gender-neutral language to accommodate transgender men and nonbinary people. As Stacy Lee Kong points out, rather than prescribe that language across the board, “What did happen is Brighton and Sussex University Hospitals NHS Trust announced in February that it would be adding new trans-friendly terms including ‘birthing people’ and ‘chestfeeding’ to its existing vocabulary as a way to become more inclusive. The hospital was careful to note that it would only be using gender-neutral language in its internal communications and meetings, and that staff would use patients’ correct pronouns while caring for them.”

Intentionally or not, there is a great deal of dishonesty among the handwringing “why can’t we say woman anymore” crowd. That Atwood would throw in her lot with them is more disappointing than surprising to those who have been paying attention, since, as Kong also highlighted in her commentary on the current dustup, Atwood has previously reveled in being a self-described “bad feminist.”

The evolution of language, which is often pushed along by activists and advocates for marginalized communities, is understandably something that can make people uncomfortable. And indeed, activists sometimes go to excesses, though trans rights activists have so little power that the issue is mostly a red herring. Meanwhile, discomfort is sometimes necessary in order to learn and grow. And there is simply no excuse for distorting, exaggerating, and lying about what is really happening when healthcare systems, which often discriminate against trans people, begin to move toward understanding and accommodation. That thoroughly reactionary response is antithetical to the spirit of feminism as I understand it. Atwood seems uninterested in addressing her critics in a serious way, but if she should happen to read this column, I would ask her to look at the actual facts rather than the distorted version found in DiManno’s column, to sit for a while with her discomfort, and to consider leaving the politics of fear, scapegoating, and scarcity to the reactionary Right.
    [post_title] => Margaret Atwood's opposition to gender-inclusive language is disappointing, but not surprising
    [post_excerpt] => Self described feminists who oppose the expansion of rights and reasonable accommodations for trans people are ddisregarding the facts in favor of a position predicated on fears and biases.
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Margaret Atwood’s opposition to gender-inclusive language is disappointing, but not surprising

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    [post_content] => Why white, cis feminists must not be the ‘default’ version of tech critique, or anything else.

In 2021 two former Facebook employees stepped forward as whistleblowers. One became an international media star, while the other is virtually unknown. Frances Haugen garnered global headlines after her 60 Minutes interview on October 3, during which she revealed that she was the anonymous whistleblower who supplied the internal documents for the Wall Street Journal’s investigative series, which showed that Facebook knew Instagram harms many teenage girls and that it was fully aware of the damage caused by its for-profit disinformation. Two days later, she testified at a Senate subcommittee hearing that was watched around the world.

In September 2020 Sophie Zhang blew the whistle on Facebook’s refusal to act against dictators who were creating fake accounts on a vast scale to manipulate their own citizens and steal elections. Facebook’s response was to fire her. Zhang promptly published a nearly 8,000-word memo detailing her concerns on her personal website, parts of which Buzzfeed excerpted —before Facebook pressured the company that hosted her website to delete both the site and her domain name.

When Zhang went public with her identity in mid-2021, journalist Julie Carrie Wong wrote a long feature report about her for The Guardian, while Karen Hao’s deep dive interview with the whistleblower was published by MIT Tech Review . But the Senate did not invite Zhang to a special Senate hearing; nor, until a recent outcry over the disparate treatment, did any high- profile television news shows ask to interview her. As Wong tweeted on October 12, “I’m glad people are paying attention to her now but it’s weird to retcon her into a secondary player in Haugen’s narrative.”

Why is Frances Haugen the default whistleblower to whom all others are compared—even those that came before her?

Zhang might have been shunted into a secondary role partly because she is “not charismatic”  and “not good at attracting or receiving attention,” as she told CNN reporter Donnie O’Sullivan in an interview broadcast on October 12.  “I am an introvert who wants to stay home and pet my cats,” Zhang said. Another factor that might be partly responsible for Zhang’s relative anonymity: Americans who work for the Wall Street Journal and convene Senate sub-committee hearings care more about Instagram’s possible effects on their adolescent daughters’ self-image than about stolen elections and human rights abuses in Honduras and Azerbaijan.

A year after Zhang published her memo, the claims and documentation that both she and Haugen provided are now central to a new push in the US to regulate Facebook. And yet Haugen is “the Facebook whistleblower” while, to some, Zhang is just “an ex-employee.” (The unspoken “disgruntled” in that last sentence is silent, but powerful.)

In this tale of two American whistleblowers, one was given the role of the princess, commanding attention and praise, inspiring king-makers in Washington D.C. to insist the time has finally come for regulation. And the other? I’m not going to say she played the step-sister, because I hope we’ve all come a long way from denigrating blended families, but Zhang’s reception made it clear she’s expected to be part of a different and much smaller story. If it were a house-party, she’d be the help, not the host. Meanwhile, the significant ongoing work to document, explain, and stop the systematic harms of tech companies has been carried out by women of color; and they have gone almost completely unnoticed.

The Facebook fiasco inadvertently shines a light on different strains of feminism, and the wildly disparate varieties of attention and support they receive both from the media and from policymakers.

At the top of the status game sits Sheryl Sandberg, a key inspiration for girlboss feminists, for whom victory simply means winning power, not challenging it. Corporate feminism, often the reserve of privileged white women, celebrates women who “lean in” to a man’s world, not those who insist it needs to change so that everyone has a fair chance. It’s about “diversity and inclusion”— i.e., same values, different faces. It’s about having a nanny taking care of your children in a private, dedicated playroom next to your C-suite office, rather than building an on-site daycare center for all the employees’ children—let alone mandating parental leave and ending discrimination against parents and caregivers at every socioeconomic level. It’s about the magazines covers, nonfiction bestseller lists, and keynote slots at conferences. It is about the stranglehold of soft-spoken, acceptable female power, everywhere.

When it comes to criticism of big tech, corporate feminists are OK with data-extraction and surveillance, so long as the women doing it earn almost as much as the men. Those with misgivings tend to be “reformist” critics who lament what they see as unintended consequences of the business model; and they suggest only the gentlest of nudges. As Meredith Whittaker, Faculty Director of the AI Now Institute at NYU, puts it, " ‘nuance’ is also a term heard increasingly from tech reformists, in reference to their prescriptions— usually adding oversight, transparency, accountability to the status quo. …more structural approaches like bans, breakups, redistribution, they imply, lack nuance.” In theory, not all corporate feminists are also tech apologists or, at best, reformists, but they all share a basic political stance that things are mostly OK, and just need a little tweaking at the edges. Call it “nudge criticism”; executives are just good people doing their best, and we just need a few rules changes to optimize the incentives of corporations. Nudge criticism gives establishment journalists and policymakers material for articles and legislative bills, but doesn’t change anything fundamental.

When Frances Haugen came forward as a whistleblower, she slipped smoothly into the role of the acceptable girlboss face of reformist tech criticism. This is not a criticism of Haugen, or her considerable PR resources, but of how media, policymakers and so many of us respond to her. Haugen is doing everything she can, and with all she’s got, but she’s never going to suggest lawmakers change the real rules of the game. And that, more than anything, is why she is center stage.

Sophie Zhang is a trans woman, and, echoing how trans feminists are forced to fight simply for their right to exist, she has sacrificed her physical and mental health, her relationships, her livelihood, status and peace of mind—just to be heard. None of this came easily to her, yet she has persisted far more than what is rational or reasonable, simply because she felt she must. Karen Hao’s painstakingly researched profile documents the physical and emotional abuse Zhang suffered as a teenager when she came out, and contains the quietly devastating reason why Zhang first tried so hard to change Facebook from within: “Ultimately, I decided that I was the person who stayed in imperfect situations to try and fix them.” Facebook fired Zhang for under-performance because, despite the company’s refusal to act against dictators who used the platform for political and electoral fraud, she kept on trying to fix it, in addition to doing the job she was officially paid to do, as a data scientist. Zhang knew from a previous experience of sexual harassment that she would be downplayed, discredited and disbelieved, so she documented every single claim she made.

It still wasn’t enough.

In July 2021, after almost a year doing everything she could think of to keep blowing the whistle, Zhang was disappointed by the lack of public and political response. Yet she couldn’t regret what she had done. It simply wasn’t in her character to do otherwise.

Zhang’s drive to broadcast the truth and protect people she’ll never meet, despite the high price she knew she would pay, is powerfully reminiscent of Chelsea Manning, who blew the whistle on the US military. Manning leaked videos and documentation of US abuse of detainees in Guantanamo and killing of civilians in Iraq to Wikileaks, amongst other materials, and was sentenced to 35 years in prison. (President Obama, icon of gradualists and nuance-lovers everywhere, locked up more whistleblowers in eight years than all the presidents, cumulatively, before him. He commuted Manning’s sentence just before he left office, and she was finally able to transition.)

It cannot be a coincidence that two American trans women have been at the forefront of speaking truth to intensely coercive power. Holding fast to the truth despite the gaslighting denials of those who wield authority over them is integral to who they are. And knowing the truth was insufficient, they were compelled to act on it. Not all trans women are heroic truth-tellers, sure, but a surprising number of trans women I have known in public and private life are more courageous than anyone should need to be. I don’t know why trans sisters have been moved to risk and sacrifice so much, in different fields. I do know that the changes their revelations demand are not milquetoast solutions like “better oversight” or “more transparency.” The barriers and costs to these whistleblowers of speaking out are so much greater, and their critiques are indifferent to whether you like them or not.  These sisters know what power truly looks like before it dons a pantsuit, pussy-hat, and professional smile.

Zhang’s criticisms of Facebook stick to her area of specialist knowledge, cutting narrow but deep. Unlike Haugen, she doesn’t claim “Mark” (Zuckerberg) is doing his best but is in over his head. Zhang says that Facebook systematically downgrades the priority of poorer, less prominent countries, refusing to spend the resources necessary to stop dictators from exploiting the platform’s baked-in elements to manipulate their own citizens. This is a far more devastating criticism, affecting many millions of people around the world. It goes to the heart of the business model; if Facebook can afford to be present globally, it can afford to invest in protecting the world’s most fragile democracies.

People are finally catching on. A UK parliamentary committee just invited Zhang to give evidence. I hope they look further than the incremental solutions so beloved of the management class, and instead open their minds to the possibilities that appear when you understand that progress will only happen when you tear down its quiet coercion and unequal distribution, instead of merely changing its face. To truly understand the vindictive, velvet-gloved power wielded by Facebook, we all need to understand that the harms women like Zhang and Haugen have exposed as whistleblowers are not exceptional. They’re not “abuses” of the platform, but simply what happens when third parties use it as it was designed to be used. And it won’t be fixed by asking nicely, because asking nicely never brought down a rotten system.

If we roll with the obvious narrative, that acceptable tech critique is defined around a “default whistleblower”—a white, cis, middle management American woman who was fine with it all until one day she wasn’t— we choose to avert our eyes from the worst, most systemic harms. We choose to pretend that it’s just “too hard” to find structural solutions that would stop the slow violence of for-profit hate, which is precisely Facebook’s business model. By centering white, corporate feminism in all questions that affect all kinds of women and girls, we’ll make exactly the same, systemic error Facebook does: prioritize fixing more prominent but much less serious harms.

Zhang did what she had to do because she knew that power lies. Power lies, above all, to and through those who covet it the most. To honor Zhang’s courage, we should do as she has done: see things exactly as they are, and do what truth demands.
    [post_title] => Two Facebook whistleblowers leaned in, but only one became a media star
    [post_excerpt] => Why is Frances Haugen the default whistleblower to whom all others are compared—even those that came before her?
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Two Facebook whistleblowers leaned in, but only one became a media star

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    [post_content] => Women shouldn’t need a 'good' reason to end a pregnancy.

Texas’s shockingly cruel new abortion law bars abortion once cardiac activity can be detected in the embryo, typically around the sixth week of pregnancy. Notably, it also allows any US citizen to sue any person who performs or otherwise “aids and abets” a prohibited abortion. The law has few defenders in the mainstream press. Jennifer Rubin, a conservative columnist for The Washington Post noted its “viciousness.” The New York Times’ Michelle Goldberg described its “sinister brilliance.” Rebecca Traister of New York Magazine decried its “ugliness.”

By deploying private citizens to subjugate the vulnerable, the law evokes the worst of the United States’ not-so-distant past. In the mid-nineteenth and early twentieth centuries, for example, doctors and police officers demanded that women dying of botched abortions name the provider. During the eighteenth and nineteenth centuries, mercenaries made their living by hunting down escaped slaves and returning them to bondage in exchange for a bounty. Some Americans have always been willing to work for or in lieu of law enforcement to catch, punish, and profit from those they or the state deem criminals based on deeply ingrained notions, rooted in systemic racism and sexism, of who is and isn’t a rational, capable human being.

Abortion was common in the United States throughout the nineteenth century. It was only in the latter half of the century, when medicine became a respected profession and the American Medical Association was established, that physicians lobbied to have abortion banned. Their concern was not about abortion’s morality, but about the financial and professional implications of being forced to compete with midwives and purveyors of home abortion remedies.

As ugly as the Texas law is on its own, many of its opponents are attempting to fight it by invoking the worst-case scenarios. A number of commentators have cited the case of a 13-year-old Texas girl who became pregnant after her grandfather raped her; the law grants no exceptions for pregnancies resulting from rape or incest. Few would argue that a 13-year-old rape victim should be forced to carry and give birth to her grandfather’s baby; that is why, even in Texas, the girl in question was able to end her pregnancy, albeit only after traveling hours from her small town to a clinic in Houston (this was a few months before the new law went into effect). People in extreme circumstances related to pregnancy—victims of rape and incest, women carrying fetuses with severe abnormalities, those who might die if they give birth—deserve support, compassion, and access to modern medicine, including abortion. But only a small minority of women seek abortion for those reasons.

The most common reasons women give for seeking abortions in the United States are the least shocking. According to data gathered from 2008 to 2010, 40 percent said they were “not financially prepared” to have a child. Thirty-six percent cited “bad timing,” “unplanned,” or “not ready.” Nearly a third (31 percent) cited reasons related to the person who caused the pregnancy—e.g., he was unsupportive, abusive, and/or didn’t want to be involved. Twenty-nine percent of abortion patients said they needed to focus on caring for the children they already had. Most gave not just one but several reasons for ending their pregnancy. By evoking only the extremes, activists risk creating a sense that some women are more or less “deserving” than others of abortion access.

Americans, including those who believe abortion should remain legal, are accustomed to weighing the relative moral acceptability of these reasons. They might sympathize with a terrified 15-year-old who gets pregnant the first time she has sex, but think a 36-year-old woman who didn’t use birth control and got pregnant from a one-night stand should have known better. Most rights are not absolute; they can be and often are restricted. But once a society recognizes that a right exists, it is not contingent on whether others approve of how it is exercised. That’s why proponents of free speech, particularly in the United States, often cite biographer Evelyn Hall’s summary of Voltaire’s philosophy: “I disapprove of what you say, but I will defend to the death your right to say it.”

Katie Watson, a lawyer and bioethicist who teaches at Northwestern University, sympathizes with advocates who focus on extraordinary cases. “Legally, you always pick the most sympathetic plaintiff for your case, and rhetorically, we often want to lead with our strongest examples,” she explained over the phone. “That’s narrative structure and that’s storytelling and that's litigation.” What concerns her is “the repetition damage…when those become the only stories that we tell, they skew our vision and our understanding of what life is really like. And starting with bad facts leads to bad policy.”

The result, said Watson, is that “the cases we discuss the most are the cases that happen the least.” She added: “When we focus exclusively on those—we unwittingly contribute to that dichotomy between good abortions and bad abortions—or deserved abortions and shameful abortions.”

Shifting attitudes toward divorce and the liberalization of divorce laws are a useful comparison. Divorce was once a very controversial issue in the United States. Until “no fault” divorce became the norm in the 1970s, the laws of most states required a woman petitioning for a legal end to her marriage to prove that her husband had committed adultery, abused her, or abandoned her. As of 2017 most Americans (73 percent), including a slim majority (51 percent) of the “very religious,” considered divorce morally acceptable. This, despite the fact that between 22 and 50 percent of people who obtain a divorce, regret having done so.  By comparison, 84 percent of women polled five years after having an abortion report feeling either positive or neutral about their decision. Few Americans, however, would advocate forcing people to stay married.

Despite the popular stereotype of those who get abortions as young, immature, and/or careless, most people who undergo terminations in the United States are not only adults, but parents. In 2014, 59 percent of abortions were obtained by women who already had at least one child. Only 12 percent were teenagers; those younger than 15 accounted for only 0.2 percent. The vast majority of people who undergo an abortion procedure are neither tricked nor pressured into ending their pregnancies. Only about 1 percent reported seeking a termination because somebody else, usually a parent or a partner, wanted them to. Most people who seek abortions know their own needs, desires, and limitations, and can imagine—or are already well aware of—the physical, psychological, and literal cost of bringing a child into being.

If a woman can choose to join the military, get married, or end a marriage—all potentially life-changing decisions—she can decide to end a pregnancy. As Watson argued in her 2018 book Scarlet A: The Ethics, Law and Politics of Ordinary Abortion, “We should be able to acknowledge the complexity of private decision making without threatening the right of private decision making.”

According to Watson, it’s no surprise, and no problem, for members of a large, diverse, and pluralistic society to have a range of views on abortion. That’s why, in defending abortion rights, she thinks it’s crucial to rely on the politics of respect rather than the politics of sympathy. “The politics of sympathy say, ‘You get to have that abortion because I feel sympathetic to you,’” she explained. “It puts the listener or the voter in the position of judge.” By contrast, “the politics of respect say, ‘I may or may not agree with her decision or like it, but she is a moral agent with a brain and a heart and she is the one who's going to live with the consequences of whatever decision she makes, whether to have a child or not…I respect her decision-making rights and her decision-making capacity and her decision-making authority, even if her moral frameworks are different than mine.’” The latter, Watson said, focuses on the pregnant person, whereas the former focuses on “the person offering the opinion or the vote.”

There are places in the world where abortion is not only safe, legal, and unremarkable, but also considered a basic human right. Five years ago, when my mother was on a group tour of Iceland, another American woman on the tour referred to then President Obama as a “baby killer.” My mother defended Obama and asked the Icelandic tour guide what she thought. “In this country,” the guide replied carefully, “Women are considered equal citizens, so abortion is not really an issue.”

That attitude is not limited to Nordic countries. People in many industrialized nations around the world see abortion rights as inseparable from the human right to self-determination. In Ireland, which legalized abortion by a wide margin following a 2018 referendum, the government heralded the right to abortion as a welcome sign that the country had finally joined modern society. “The people have spoken,” declared then Prime Minister Leo Varadkar. “They have said we need a modern constitution for a modern country.”

Meanwhile, when the Polish government implemented draconian abortion restrictions last year, they sparked the country’s largest protests since the fall of communism. As one protester told Reuters, “I want us to have our basic rights…the right to decide what we want to do and if we want to bear children and in what circumstances to have children.”

Melissa Upreti, a human rights lawyer tasked by the United Nations Human Rights Council with fighting to end discrimination against women and girls, characterized Texas’s law as “sex and gender-based discrimination at its worst” and a clear violation of international law, adding that it has “not only taken Texas backward, but in the eyes of the international community, it has taken the entire country backward.”

Based on the means many abortion opponents have employed to limit access to the procedure—e.g., picketing clinics and shaming women as they enter, murdering and threatening abortion providers, and now passing a law that empowers ordinary citizens to be vigilantes and bounty hunters—it seems obvious that their concerns are not about the sanctity of “life” but about controlling and humiliating pregnant people.

Abortion opponents detest the slogan, “My body, my choice.” So do I—not because it invokes bodily autonomy, but because the “choice” framework is trivializing, and falsely implies that all choices are equal. The choice to bring a human being into existence is far graver and more permanently life-altering than the decision not to. Forcing a woman to endure pregnancy and labor against her will is an act of brutality with lifelong consequences for her and any children for whom she is responsible. In defending the Texas law, Ohio Republican Senate candidate J.D. Vance falsely asserted that it’s about “whether a child should be allowed to live” and “not whether a woman should be forced to bring a child to term.” But that’s precisely what it is. And that kind of torture cannot be justified by the victim’s capacity to bring into being a child who doesn’t yet exist.
    [post_title] => In defense of ordinary abortion
    [post_excerpt] => People in extreme circumstances related to pregnancy—victims of rape and incest, women carrying fetuses with severe abnormalities, those who might die if they give birth—deserve support, compassion, and access to modern medicine, including abortion. But only a small minority of women seek abortion for those reasons.
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In defense of ordinary abortion

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    [post_content] => The government has recognized its error and resigned, but the women's lives are still in tatters. 

Franciska Manuputty’s ordeal with the Dutch tax authorities began in 2010, when she received notification to repay €30,000 (about US $35,000) in childcare tax benefits, to which the government alleged she had not been entitled. Manuputty, 49, is a low-income single mother of two. She was soon behind on the rent, couldn’t pay her electricity bills, and turned to a food bank to feed her family. Her daughter, now 20 years old, told her recently that as a child she had lived in constant fear of returning home from school to discover they had been evicted from their apartment. 

Manuputty is one of the victims of what the Dutch media calls the child benefits scandal. Over the course of around a decade the government falsely accused thousands of eligible families of having committed fraud and ordered them to repay childcare tax benefits to which they had, in fact, been entitled. 

A parliamentary investigation published in December 2020 found that the tax authorities had set up a child benefits system with bureaucratic rules so rigid that even the smallest administrative error in filling out forms caused the system to flag beneficiaries, who were then pursued by the courts and forced to repay all the money they had received—plus fines. The total number of victims is not yet clear; but based on a parliamentary investigation and the number of people who applied for the initial compensation of €30,000 (about $35,000), at least 35,000 people have been affected. 

The fallout from the scandal led to the government’s resignation in January 2021. 

Families that were forced to repay tens of thousands of euros faced bankruptcies, job losses, forced sale of houses, homelessness, divorce—even suicide. Several families saw their children removed by child protection authorities, on the basis that they were no longer able to care for them after losing their homes and financial stability. 

The €30,000 compensation doesn’t even begin to solve Manuputty’s problems. Because the tax authorities labelled her a cheat in 2009, her name is now in the system and her credit is ruined. Over the past decade all her applications for financial aid were rejected, which forced her to keep borrowing money and leave bills unpaid. She now owes €100,000 ($115,000) to various creditors. “I hold on to life for my children,” said Manuputty.

Investigative journalists discovered, via the parliamentary freedom of information act, that the algorithms had been designed to flag “cheats” based on the amount a parent received—i.e., the more benefits they received, the more likely they were to fall under suspicion. The result: the people targeted were those whose low-paid jobs made them most eligible for childcare benefits. 

A disproportionate number of people in that group were single mothers with foreign citizenship, so the algorithm de facto flagged poor women who were either immigrants themselves or the children of immigrants, adding racism to the scandal.  The Ministry of Finance brought a discrimination suit against the tax authorities, but the  public prosecutor dismissed the case, saying the issue must be solved politically. Victims of the false accusations are appealing that decision. A parliamentary commission will be  appointed to investigate the matter later this year or next year. 

Via a WhatsApp group for victims of the scandal, Franciska Manuputty met Batya Brown, 35,  a part-time employee at a daycare center who is now pregnant with her fifth child. When the two were asked to address an anti-racism demonstration about their experiences they decided to collaborate on their speeches and provide one another with moral support. They were joined by Kristie Rongen, 45, a small truck driver, who had recently  confronted Prime Minister Rutte during a widely viewed live broadcast of a political TV show. 

While Rongen holds only Dutch citizenship, Batya Brown was born in Ethiopia. Manuputty’s parents are from the Maluku Islands, formerly a Dutch colony—now occupied by Indonesia. For the latter two women, their relationship with the Dutch state is informed by their ethnic identities, which is further compounded by the role that racism played in the tax scandal.

Brown was adopted as a child from Ethiopia, arriving in the Netherlands when she was six years old. Because of a bureaucratic error that she is fighting to correct, she is still ineligible for a Dutch passport. Meanwhile, in 2007 the tax authorities began demanding that she repay her benefits . The resulting financial problems forced her to move often and, while the tax authorities recently annulled her remaining debts, her struggle with the immigration authorities continues. In other words, she has been battling with both the tax authorities and the immigration office for her entire adult life.

Manuputty suffers from post-traumatic stress disorder and transgenerational trauma. Her grandfather is a South Mollucan, a member of an Indonesian indigenous group that fought in the Royal Netherlands East Indies Army (KNIL) alongside colonial forces in the Indonesian War of Independence (1945-9), then were brought to the Netherlands after the Dutch reneged on a promise to grant them territorial sovereignty. The Mollucan community feels humiliated to this day by their treatment at the hands of the Dutch. “As a victim of the child benefit scandal, I have been neglected and robbed of my dignity again,” said Manuputty, adding that she felt as though history were repeating itself.

Rongen acknowledged that she presents in her media appearances as a strong woman, which she is; but behind the scenes she is emotionally devastated. “I cry a lot, every day,” she said. Her ordeal with the tax authorities began in 2010, with her debt topping out at €92,000 ($123,000). After four years of debt counselling, the government annulled what was left of that amount and granted her compensation in December 2020. Her battle with psychological trauma is ongoing. She has dedicated herself to helping reunite parents with children they lost to foster care, a calling that provides her with a feeling of purpose. “When a mother messages me for help, I dry my eyes and get going again,” she said. In a matter-of-fact tone she added, “I would prefer not to live anymore. But what would happen to my children if I were no longer here?”

In addition to their media appearances and participation in anti-racism demonstrations earlier this year, the three women have initiated demonstrations of their own, to garner public support and amplify their demands. These include: cancellation of all the victims’ debts by the end of 2021; financial compensation of at least €1 million ($1.16 million) to each victim; and the immediate reunification of parents with children who were taken from them and put into foster care. They also want psychological support. And they want those responsible for the scandal to be brought to justice.

When the government resigned in January the women hoped the new administration would deal with the matter quickly, but they now understand the process will take years. One egregious reason for the slow pace: the commission tasked with defining the amount of compensation that each victim should receive is severely understaffed; at the current rate they will need 975 years to complete their work.

 “Applying for everything costs so much time and energy, which I would prefer to dedicate to my children,” said Batya Brown. Kristie Rongen added: “Instead of asking for more effort from the victims, they should just give every one of them half a million euros to settle the matter. Our lives have been destroyed.” 

Franciska Manuputty agrees. “I have been trying for years to regain my independence by setting up my own business,” she said, explaining that her applications for business loans have all been rejected because the “fraudster” label destroyed her credit rating. “I struggle for freedom, it’s in my genes, but I feel trapped in a prison without walls.”

The women have also reached out to other victims, organizing small events like picnics and activities for children, which they pay for via crowdfunding, just to relax and start healing together. Coming together has energized the women. “Our suffering has become visible,” said one. Then, with tears in her eyes and a voice choked with anger: “Years ago, when he was ten, eleven years old, I promised my oldest son that everything would be okay. He is 16 years old now! I am determined to keep my promise to him.” 
    [post_title] => 'I cry a lot, every day': victims of the Dutch child benefits scandal fight for compensation
    [post_excerpt] => Thousands of Dutch families were destroyed by financial hardship after the tax authorities falsely accused them of submitting fraudulent applications for childcare tax benefits, requiring them to pay back the allowances they had received in their entirety—plus fines.
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‘I cry a lot, every day’: victims of the Dutch child benefits scandal fight for compensation

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    [post_content] => Abuse turns your world into a kind of sadistic haunted house setting—frightening but also extremely disorienting

A police officer’s body cam captured a young woman standing on the side of the road, sad and sheepish, the sun in her eyes. Her relationship was on the rocks, but she was earnestly telling the officer that she wanted things to work out, she wanted them to be OK. It looked like an unfortunate incident, a stumble on the way to a great adventure, that would soon be behind her. A few weeks later, however, the pretty woman in the footage would be dead.

The tragedy of 22-year-old Gabby Petito seemed, at first glance, to be entirely preventable. Before she disappeared while on a cross country trip with her fiancé, Brian Laundrie, witnesses saw him slap Petito. This is how the police became involved. 

Petito was an ambitious young woman, originally from New York State, who dreamed about being a travel influencer. To that end, she set out on a cross-country trip alongside her fiancé, documenting their journey along the way. Not all seemed well in their relationship, however, and her family grew suspicious when Petito stopped communicating with them. When Laundrie returned to his home in Florida without Petito, but still in possession of her travel van, it became clear that something horrible had happened.

Petito’s body was found in Wyoming a few weeks after Laundrie returned. Police have ruled her death a homicide; as of this writing, her fiancé remains missing. It is unclear whether he has harmed himself or is simply on the run from the authorities. 

The footage of the police encounter that took place in Moab, Utah, weeks before Petito went missing, gives us plenty of clues as to what may have transpired between the young woman and her fiancé. It is a tragically familiar sight to anyone with experience in domestic violence, but it is even more heartbreaking in hindsight:
  Laundrie is calm and pleasant when speaking with the officers. Petito looks like she is emotionally unstable, but she is clearly heartbroken and dying of shame—the typical response of a woman who is used to being belittled and told that everything that happens to her is her fault. The police are courteous, polite, and clearly sympathetic, but they don’t see the need to put anyone in handcuffs. No one is giving them an explicit reason to do so. The police are focusing on de-escalating the situation, and appear to be succeeding. They believe that what is happening before them is a mental health crisis first and foremost—especially because Petito, at one point, admits to slapping Laundrie—and their actions are consistent with that. In light of what ultimately happened to Petito, the internet cried foul over the police encounter. If only the cops had taken the situation more seriously, the wisdom went, Petito would still be alive.  It’s a noble and understandable sentiment, but as someone who surveyed her own hellish, seven-year-long abusive relationship, I am not sure if it is the correct one.  Human beings have always loved our stories of good and evil to be uncomplicated, and by increasing both the speed and frequency of communication, social media has in particular amplified demand for the simplest of narratives. In the case of tragic stories like Petito’s, it feels only natural to say that what happened to her could have easily been prevented. This narrative is bolstered by the fact that Petito was young, attractive, and white — which is why her case immediately received national attention.  “Missing white woman syndrome” is very much a real phenomenon, particularly when the white woman happens to be young, attractive, and from the sort of background that, while not necessarily wealthy, can be described as “good” or “upstanding.” Some have wondered whether the incident with the police would have gone down differently if Petito and/or her fiancé had been, for example, Black.  Would both of them have been criminalized? Would there have been a chance of the officers being more harsh on the fiancé, hence preventing a murder? The history of policing with regard to domestic violence tells us that a tougher response by officers would not have necessarily saved anyone. In general, policing alone does not appear to be sufficient to solve the problem of domestic violence, and frequently, much depends on luck. The idea that domestic violence outcomes can sometimes depend on blind luck alone is, of course, completely detestable to us. Why should Petito — or any woman, or any abuse victim — have to depend on luck? Why couldn’t her horrifying trajectory have just been stopped? When reviewing the body cam footage, I was struck by the fact that at one point, Petito told a police officer that her boyfriend didn’t really believe she could pull off her dream of building a website and becoming a well-known travel influencer. “He doesn’t really believe I can do any of it,” she says at one point, looking both desperate and desperate to please, an expression I have caught on my own face in videos and pictures that documented my highly volatile past. Two things stuck out: Petito was far away from home, and essentially under Laundrie’s full control. Yet she was also embarking on an ambitious project, which must have made Laundrie feel as though his control was slipping.  The night my husband almost killed me, I too was far away from home, on vacation on the island of Crete, one of my favorite places on earth. That day, I had submitted a new play to a festival, a piece of work my director husband had praised highly. Yet the mere fact that I had written and submitted it resulted in dark feelings of jealousy and resentment in my husband, who felt that I was growing too successful, too fast.  A few drinks into a moonlit summer night, he grew more and more furious with me, until he could no longer contain his anger and he attacked me physically. The hotel owner called the police, an act that almost certainly saved my life that night. When the police interviewed me, they could see the bruises already blooming on my body and had eyewitness accounts to go on. But, much like Petito, I was too mortified to press charges. The fact that my then husband had bruises himself — from when I had, very unsuccessfully, tried to defend myself, much as Petito had apparently done — made the situation murkier. In the light of day, my guilt overwhelmed me, and I was ready to believe that I had provoked the entire incident, in spite of people who were ready to testify on my behalf. That’s the funny thing about abuse—it turns your world into a kind of sadistic haunted house setting, frightening but also extremely disorienting. Up is down and down is up. You are so demoralized and humiliated, that you stop seeing yourself as a full person deserving of the most basic of rights. The Greek police urged me to press charges, but they couldn’t force me to. In the Petito case, the Utah police had even less to go on.  My friend Joy Ziegeweid has spent nearly a decade working with domestic violence victims and is currently the supervising immigration attorney at the Urban Justice Center’s Domestic Violence Project. Haunted by the body cam footage of Petito, I called her for an opinion on the case.  Joy reminded me that police involvement “does not always guarantee a good outcome” in a domestic violence situation. Again, we often like to think that it does, but even the most fair-minded officer can only respond in cases when the abuser takes specific actions. If a chillingly manipulative man like Laundrie is not physically attacking a woman in front of the police, and the woman herself does not say that she is in danger, there isn’t much law enforcement officers can do.  Of course, as Joy reminded me, there are some jurisdictions in which a victim does not need to press charges in order for the cops to move to make an arrest. “But that can have its own downsides,” Joy explained. A victim residing in such a jurisdiction may be less likely to seek help in the first place — because victims are gradually taught to place the abuser’s needs ahead of their own, they may not want to see them arrested at all.  According to available data, one in four women and one in nine men experience what is termed to be severe abuse—including physical violence, sexual violence, and/or stalking—in the United States. There has been widespread evidence that the Covid-19 pandemic has greatly exacerbated the problem. For most of us, domestic violence is a problem hidden from view, only spilling out into the public sphere when it is already too late, which is what appears to have happened in the Petito case.   Because of the nuanced and complex nature of domestic violence, solutions not involving law enforcement can be helpful, especially when the victim is not yet able to fully articulate or even realize the problem, which is a phenomenon I have experienced myself. Again, much depends on jurisdiction.  As Joy reminded me, in New York State one can obtain a protective order through family court without involving the police. “But the police can then be called to enforce it,” she said. Availability of beds in women’s shelters and other resources for victims struggling to break free is another important part of the equation, according to Joy.  Simply put, in many cases, a battered spouse or partner has nowhere to go. A battered spouse or partner is also under intense psychological stress. Both economic and psychological factors are cited as very important in determining good outcomes for domestic abuse situations. Without financial support and very specific, targeted counseling, victims frequently cannot be saved by cops alone, no matter how heroic or well-trained.  Hybrid solutions are required to tackle the problem of domestic violence because the problem itself is hybrid, with a victim’s reality constantly shifting. In the first months after I was able to leave my husband—only with the help of friends and family, I could never have done it on my own—I struggled with feelings of guilt, wanting to go back, and wondering if I had made a terrible mistake.  Only by slowly learning how to experience life without constant control—the same control plainly visible to me as I watched the Petito footage years later—did I begin to understand what I had been missing for all of those years: a full life as an adult woman, with her boundaries intact, and her physical safety no longer dependent on someone else’s moods.  The fact that I escaped is extremely lucky. Many things could have gone wrong for me, and simply didn’t. Sometimes, there are no clear cut answers to the question as to why one victim makes it and another one doesn’t, and decisions that seem right in the moment don’t necessarily withstand the test of time.  When I refused to press charges against my husband, all of those years ago, I thought I was doing the right thing. Sometimes, the true nature of a crime emerges only in hindsight. At the same time, I don’t know how criminal charges would have affected my situation. What if my husband had been released pending trial and been sufficiently enraged to kill me? What if financial and psychological resources hadn’t been available to me at the time, forcing me into an even worse situation with a man who had one more reason to hate and to dispose of me? While I believe that it is only natural to say that a murder was preventable, the truth is, what happened to Petito, and what is happening to countless other victims, many of them ignored by the press, requires the build up of a decent preventative infrastructure. Otherwise, we are only offering platitudes. [post_title] => As a survivor of domestic abuse, I recognized my own face in Gabby Petito's [post_excerpt] => The history of policing with regard to domestic violence tells us that a tougher response by law enforcement officers would not necessarily have saved her. 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As a survivor of domestic abuse, I recognized my own face in Gabby Petito’s

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    [post_content] => We know Facebook is hurting individuals and whole societies; but now we know that Facebook knows it, too.  

On Sunday, October 3, the Facebook whistle-blower, whose trove of internal research documents has made global headlines for weeks, revealed her identity on 60 Minutes, the prestigious American television news show. Frances Haugen, who quit her job at Facebook in May 2021, said “the version of Facebook that exists today is tearing our societies apart,” and that Facebook’s senior executives know this but refused to act. Haugen said she took a trove of internal documents to prove beyond doubt that Facebook’s research team and senior executives know exactly the damage the company inflicts but choose to prioritize advertising revenue. She said; “Facebook has realised if they make it safer, people spend less time on the site, click on less ads, they make less money.” She brought proof of what many outsiders have said for years: Facebook prioritizes revenue over public safety, and Instagram makes children—especially teenage girls - mentally ill.

Who is Frances Haugen? She is a 37 year-old American data scientist, a Harvard Business School graduate, who has worked for Big Tech for 15 years, including for Google, Yelp, and Pinterest. At Facebook, where she had worked for two years, Haugen led a small team working on counterespionage for civilians targeted by hostile states—for example, Taiwanese or Uyghur people being spied on by the Chinese government. Her team of just seven people was expected to provide enough protection for people around the world, and requests for more resources were refused. But Haugen says her personal trigger to blow the whistle was when she lost a friend radicalized by social media into far-right racism.

From early 2021, Haugen assiduously copied tens of thousands of pages of Facebook’s own research about the harms it creates. She has worked with the Wall Street Journal — who reported on Instagram’s harms to teenage girls in September —and will testify to the US Senate Commerce Subcommittee later this week. Just as importantly, Haugen has filed several complaints with the US Securities and Exchange Commission, a regulator for companies. She alleges that Facebook is lying to the public and to shareholders when it says it’s making progress on how it deals with disinformation and hate. One internal Facebook study said “we estimate that we may action as little as three-to- five percent of hate… and 0.6 percent of violence and incitement on Facebook.” Facebook replied a full two weeks after Wall Street Journal reports based on Haugen’s leaked documents, to claim its own research was unreliable. (To be fair, one of the Instagram studies had a tiny sample size of just 40 teenagers.) But it did not address many of the factual claims made about the real, ongoing and fully known harms Facebook is perpetrating against children—and against democracy itself.

Of course, none of the claims made by Haugen’s leaks are new. Independent researchers have pointed out for years that Facebook profits from extremism and hate. Facebook’s 2018 change to the algorithm that decides which content users see was designed to aggressively monetize even more the fact that anger drives clicks. Another whistle-blower, Sophie Zhang, said in April 2021 that Facebook systematically under-resources the teams working to counter state manipulation of the platform by autocrats around the world. If it’s the US presidential election, election integrity is a priority and, as Haugen says, rules and system changes were introduced and heavily resourced, at least temporarily. But for countries like Honduras, Albania and Azerbajan? According to Zhang, not so much. Protecting election integrity from disinformation and organized hate in lower priority countries “felt like trying to empty the ocean with an eyedropper.” And academic researchers have for years provided evidence that Instagram drives eating disorders, suicidal ideation and self-harm. We know Facebook is hurting individuals and whole societies; but now we know that Facebook knows it, too.

Whistle-blowing is vital because it provides documentary evidence not just of harms, but of the culpability of those doing the harm. That’s why Haugen’s tens of thousands of pages are important. No doubt, Senators’ research staff and SEC investigators will be pouring over them, searching for the smoking gun, for whose finger was on the trigger and when. But it is vital that, despite the attraction of focusing on the whistle-blower themselves, we concentrate on what the documents say, and about whom. Attention must go to the independent researchers who have, all along, generated credible evidence of Facebook’s harms. That includes people who have had their access revoked to data Facebook had promised to share, including researchers at NYU just weeks ago, and social scientists around the world whose access to data via APIs was blocked in 2018. Focusing attention on independent researchers is crucial, as they provide context and depth for the claims of harm. Also, every time Facebook has a scandal, it promises to "do better" and be more transparent, but once the media attention relents, it pulls the plug.

Haugen has taken a great risk with her future career, and has provided the documentation that regulators and policymakers need. For this we should be grateful. But she is not the arbiter of what should be done. So far, when asked about solutions, she’s made vague gestures toward “regulation,” but in the context of her belief that “the version of Facebook that exists today is tearing our societies apart.” To this way of thinking, there is a reachable version of Facebook that would do less harm and be OK. This incremental approach is no surprise. Haugen has already worked for 15 years for companies with names that are synonymous with surveillance capitalism. She doesn’t have a problem with the basic business model of extracting people’s data to sell ads. She just has a problem with Facebook being the most egregious of a very bad bunch.

I’ve written before about the Prodigal Tech Bro, the generic guy who got rich working for Big Tech, but then saw the light and left, to decry its failings. The Prodigal Tech Bro converts his social and actual capital into big platforms to question how technology is used. It’s not just galling; it’s dangerous. Centring people who made the problems pushes aside the people— so often women of colour— who’ve been making independent, good faith critiques for years, with little status or money. And it spotlights incremental, milquetoast “solutions” that don’t fundamentally alter the structures and incentives of Big Tech; “The prodigal tech bro doesn’t want structural change. He is reassurance, not revolution. He’s invested in the status quo, if we can only restore the founders’ purity of intent.” Haugen is far, far more courageous than the prodigal tech bro. For choosing to be a whistle-blower she will lose the rest of the career she prepared for and must have planned. She has literally put her money where her mouth is, and I applaud her. But what we need from her now is context, insider knowledge, facts and examples of how Facebook does what it does. We don’t need her to set the frame for what the solutions should be.

I have a lot of empathy for Mark, and Mark has never set out to make a hateful platform. But he has allowed choices to be made where the side-effects of those choices are that hateful polarizing content gets more distribution and more reach. --Frances Haugen

Insider critiques are uniformly based on the feeling that “Mark” or “Sheryl” either don’t really understand the harms they do, aren’t sufficiently informed about them, or just want to do the right thing but are trapped in a system of wrong incentives. “It’s one of these unfortunate consequences,” Haugen says, “No one at Facebook is malevolent, right? But the incentives are misaligned.” But Facebook created its own incentives from nothing, hiring Sheryl Sandberg to build its data-extractive, advertising-based business model. Its focus on growth above all else is what made its platform an extreme amplifier of disinformation and hate, simply because that’s what drives clicks. And the amount of money the trillion dollar company spends on moderating content and following up on the direct incitements to violence it generates is miniscule. Facebook does what it does because that is who it is. It doesn’t change because, as Haugen encapsulates; “Facebook has realized if they make it safer, people spend less time on the site, click on less ads, they make less money.” Haugen’s simple, pithy summary of why we are where we are is the starting point for real change. The documents she has leaked and her upcoming Senate testimony will focus attention on the fundamental problems the company created. Now we need to listen to a wide range of people and gird ourselves for a course of radical, outsider-driven change. [post_title] => Blowing the whistle on Facebook is just the first step [post_excerpt] => Whistle-blowing is vital because it provides documentary evidence not just of harms, but of the culpability of those doing the harm. [post_status] => publish [comment_status] => closed [ping_status] => open [post_password] => [post_name] => blowing-the-whistle-on-facebook-is-just-the-first-step [to_ping] => [pinged] => [post_modified] => 2023-11-03 14:47:56 [post_modified_gmt] => 2023-11-03 14:47:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=3234 [menu_order] => 173 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Blowing the whistle on Facebook is just the first step

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    [post_content] => The crux of the problem with deplatforming: when it’s good, it’s excellent; and when it’s bad, it’s dangerous.

“Deplatforming works” has, in recent months, become a popular slogan on social media. When a widely reviled public figure is booted from a social media platform or a television channel, Twitter users repeat the phrase as a truism. And, indeed, there is evidence to support the claim that taking away someone’s digital megaphone can effectively silence them, or significantly reduce their influence.

After Twitter and Facebook permanently banned Donald Trump in January, for example, there was a noticeable and quantifiable drop in online disinformation. In 2016 Twitter took the then-unprecedented step of banning Milo Yiannopoulos, a notorious provocateur and grifter who disseminated hate speech and disinformation. Yiannopoulos tried vainly to mount a comeback, but never recovered from the loss of his bully pulpit. It appears his 15 minutes of fame are well over.

Alex Jones, the prominent conspiracy theorist and Infowars founder, was booted from multiple platforms in 2018 for violating rules against hate speech, among other things. Jones disseminated disgusting conspiracy theories like the claim that the Sandy Hook massacre was a hoax perpetrated to curtail gun rights, thus re-victimizing the parents of children who had been shot and killed at the Connecticut elementary school. His rants spawned fresh conspiracies about other mass shootings, like the one at the Marjory Stoneman Douglas High School in Parkland, which he said was staged by “crisis actors.” Jones boasted that banning him from mainstream platforms would only make him stronger. “The more I’m persecuted, the stronger I get,” he said. But three years later, his name has almost disappeared from the news cycle.

Experts on online hate speech, misinformation, and extremism agree that kicking extremist haters off platforms like Facebook and YouTube significantly limits their reach.

According to one recent study, “far right content creators” who were kicked off YouTube found they were unable to maintain their large audience on BitChute, an alternative video platform that caters to extremists. Another study found that a far-right user who is deplatformed simultaneously by several mainstream social media platforms rapidly loses followers and influence. In other words, toxic influencers who are forced off mainstream social media do have the option of migrating to secret platforms that specialize in hosting extremists, but if they are not on YouTube they will be starved of new targets to radicalize and recruit.

The removal of a Yiannopoulos or a Jones from the quasi-public sphere  can be a huge relief to the people they target. However, I am not convinced that censorship is an effective tactic for social change. Nor do I believe that it is in our best interests to entrust social media corporations with the power to moderate our discourse.

The negative effects of deplatforming have not been studied as thoroughly as the positive effects—which is not surprising, given that the phenomenon is only a few years old. But there are a few clear possibilities, like the creation of cult-like followings driven by a sense of persecution, information vacuums, and the proliferation of “underground” organizing—such as the organized harassment campaigns that are organized by “incel” (involuntarily celibate) communities on sites like 4Chan and then taken to more central platforms like Twitter.

Substack, the subscription newsletter platform, now hosts several “deplatformed” people who are thriving, like “gender critical” activist and TV writer Glen Linehan (who was kicked off Twitter for harassing transgender people), or Bari Weiss, the self-proclaimed “silenced” journalist who claimed in her public resignation letter from The New York Times that her colleagues had created a work environment that was hostile to her. Substack allows the author to set the terms for their newsletter by deciding on the subscription price, and whether they’d like the company to assign them an editor. The company has also been clear about its views on content moderation, with which I largely agree: free speech is encouraged, with minimal content moderation. My concern is that newsletters facilitate the creation of a cult following, while giving writers with a persecution complex a place to join forces in a self-congratulatory, circular way.

Of course, even Substack has its limits: I doubt that the platform would be happy to host Alex Jones or Donald Trump.

Deplatforming can also have a damaging impact on fragile democracies.

In early June Nigerian president Muhammadu Buhari issued a threat, via his Twitter account, that he would punish secessionists in the Biafra region. Twitter decided the threat violated its policies and removed the tweet. In response, the Nigerian government blocked access to the social media company indefinitely and said those who circumvented the ban would be subject to prosecution—a situation that is, as of this writing, ongoing—although the government says it will restore access “in a few days.” Nigerian businesses are suffering from the ban, while those who do find a way to tweet risk arrest. This is a salutary example that illustrates how a social media company’s ostensibly righteous decision to censor world leaders can backfire.

The first time I heard the term “deplatforming,” it was used to describe student-led boycotts of guest speakers invited to campus. The mediator in these situations is the university administration, which responds to the demands of enrolled, tuition-paying students—who should have the ultimate say in who comes to speak at their university. But social media platforms are large multinational corporations. As I argue in my recent book, making corporations the gatekeepers for acceptable expression is deeply problematic.

In cases when the social media platform acts as an intermediary between external forces and an individual, the resulting scenario can resemble mob rule.

Chris Boutté, who runs a YouTube channel about mental health issues called “The Rewired Soul,” experienced the mob rule scenario firsthand. Boutté references pop culture in his videos about mental health and addiction, in which he talks about his own experience, often using illustrative examples from the world of YouTube influencers. He attracted angry detractors who believed he was causing harm by speculating about the mental health of popular YouTube stars. In an effort to silence Boutté, his critics attacked him in their own videos, which ultimately resulted in his receiving death threats.

“Everything I did was from a good place,” he told me during a recent conversation. “In their mind, I was so dangerous that I should not be able to speak. So that’s where my concerns with deplatforming come in, when you get a mob mentality [combined with] misinformation.” He added: “I’m not a big fan of the court of public opinion.” Boutté says that his angry critics’ efforts to get him deplatformed included “dislike bomb” campaigns, whereby users mass-dislike videos in an effort to trick the YouTube algorithm. According to Boutté, the tactic worked: His channel is no longer financially viable.

Mobs who take matters into their own hands, manipulating recommendation algorithms to get someone removed from a platform, have been around for a long time. In recent years, however, they have become more sophisticated; meanwhile, the public’s understanding of how platforms work has increased.

According to one recent Vice report there is a cottage industry of professional scammers who exploit Instagram’s policies to get individuals banned by making fraudulent claims against them. Want to get someone kicked off Instagram? Pay a professional to report them (falsely) for using a fake identity on their profile. Anyone can be targeted by these tactics. Repressive governments, for example, target the Facebook accounts of journalists, democracy activists and marginalized communities worldwide.

So here is the crux of the problem with deplatforming: when it’s good, it’s excellent; and when it’s bad, it’s dangerous. Deftly removing noxious propagandists is good.  Empowering ordinary people to silence a common “enemy” by manipulating an algorithm is not good. Silencing marginalized activists fighting repressive governments is very, very bad.

Finally: Is censorship really a meaningful strategy for social change? Surely the most effective means of routing hate speech is to tackle its root causes rather than hacking at its symptoms. The study of online misinformation and extremism are currently hot topics, the darlings of funders in the digital space, with millions of dollars doled out to academic institutions. Certainly, online hate speech is an important area of study, but the intense focus on this one issue can come at the expense of other urgent social issues—like online privacy, the declining right to free expression worldwide, and the ongoing struggles against repressive governments.

I suggest that deplatforming should be viewed and wielded with extreme caution, rather than presented as a means of fixing the internet—or, more importantly, our societies.
    [post_title] => The delights and the dangers of deplatforming extremists
    [post_excerpt] => The negative effects of deplatforming have not been studied as thoroughly as the positive effects—which is not surprising, given that the phenomenon is only a few years old. But there are several case studies that illustrate the risks of kicking extremists off mainstream platforms.
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The delights and the dangers of deplatforming extremists

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    [post_content] => Some assert that the now-disgraced Silicon Valley wunderkind has been singled out for prosecution because she's a woman.

All eyes were on Elizabeth Holmes, founder of the once high-flying Silicon Valley startup Theranos, when her much-anticipated criminal trial kicked off on September 8 in San Jose—the same day, coincidentally, that Fashion Week began in New York. Maybe that’s why it felt like the scene outside the California courthouse was itself a runway, as a throng of paparazzi cameras snapped the slim, tall, blonde Holmes arriving to face a dozen counts of fraud and conspiracy charges. 

Watching the choreographed spectacle of Holmes’s grand entrance, it occurred to me that she might as well have danced her way into the proceedings to the beat of M.C. Hammer’s “Can’t Touch This.” That’s exactly what she did at a 2015 company party, memorable footage of which wound up in HBO’s Holmes documentary, “The Inventor.” Grooving to the music with a distinct white woman’s overbite, Holmes was brazen and undaunted, celebrating an infinitesimally minor victory—the FDA’s approval of a rarely used herpes test—right as the Wall Street Journal’s John Carreyrou published the first of a two-year investigative series that ultimately brought down the company. But there was Holmes, shimmying across the stage to shift the narrative, which is exactly what she is doing now. 

Gone are the black Issey Miyake turtlenecks and the low, messy bun of Holmes’s Theranos days. Bizarrely, the only people who look like the former version of Elizabeth Holmes are the fangirls called  “Holmies,” who wear her signature all-black outfits and distressed blonde buns; one reporter spotted a gaggle of them who had queued up at 6 a.m. to snag a spot in the courtroom. Gone are the bodyguards who lent the onetime youngest self-made female billionaire on earth her wunderkind mystique. Now Holmes, 37, is an American everywoman, favoring sheath dresses, sensible pumps, smart suits and a loose hairstyle, with blonde waves framing her face in a style reminiscent of a Midwestern bank VP. Once she had intimidating security guards who carried her bags for her; now she holds a $175 leather diaper bag that is described as “the perfect mama-cessory” on the website of its label, Freshly Picked. 

Holmes hasn’t testified yet, though she’s widely expected to take the stand later in the trial. But her new look speaks volumes about her team’s defense strategy: she will be channeling a new identity, Working Mom, after choosing to have a baby weeks before she was to go on trial on charges that could result in a 20 year prison sentence. 

Holmes has always been an optimist: “I’m too pretty to go to jail,” she once told a Theranos employee, according to ABC’s The Dropout podcast. In many respects, “Can’t Touch This” has been the motto of her life. And, really, why wouldn’t Holmes believe herself to be untouchable? Historically, she’s only ascended higher and higher on the power of her own unblinking self-confidence. 

Even in Silicon Valley, Holmes’s story is legendary: She dropped out of Stanford at 19 to found Theranos with the support of one of her professors, Channing Robertson, the dean of the School of Engineering. Her vision, inspired by a lifelong fear of needles, was to build a machine that could conduct hundreds of diagnostic tests on a drop of blood taken from a finger. The problem, as Stanford medical school professor Dr. Phyllis Gardner told her: this was scientifically impossible. Marker molecules are often present in far lower concentrations in our blood, requiring more than a single drop to get an accurate reading. 

One need not hold a PhD in microbiology to understand this scientific concept, but that didn’t stop Holmes from convincing pinwheel-eyed investors that she’d somehow make it work—and they handed her $700 million to do it. The powerful men—all of them men—who took seats on Theranos’s board included two former secretaries of state, two former secretaries of defense and two former senators. By 2014, Theranos had attained a valuation of $9 billion and the turtlenecked Holmes was being heralded as the second coming of Steve Jobs. 

Besides Holmes, the only board member who worked at Theranos—the only non-white person on the board—was Ramesh “Sunny” Balwani, a former software executive who made millions before the first dot-com bubble burst. Holmes and Balwani met on a Stanford-sponsored trip to China when she was 18 and he was 37. Several years later, Balwani invested $13 million of his own money in Theranos, and in 2009 he became the company’s president and COO. What board members, investors and employees didn’t know was that he and Holmes were involved in a romantic relationship that they kept secret from everyone. 

The romance fell apart in 2016, as the company began unraveling; now Balwani is playing a new role in Holmes’s life: fall guy. The two were originally to be tried together, but Holmes’s lawyers successfully argued to separate their cases, stating that she “cannot be near him without suffering physical distress.” So, in addition to presenting Holmes as a sympathetic new mother, her defense team is planning to cast Balwani as an abuser, claiming that he psychologically manipulated their client to the extent that she didn’t have any agency.  

For his part, Balwani has vehemently denied all allegations of abuse. Like his ex-girlfriend, however, he is not exactly a reliable narrator. The real question for the jury is whether partner abuse could reasonably cause someone to lie to investors, retailers and the press about the efficacy of blood-testing technology. To me, it’s a bridge too far, although Holmes has certainly sold many bridges. This is a woman who managed to find a handsome, wealthy husband eight years her junior—San Diego hotel heir Billy Evans—after she was indicted for fraud. 

Holmes has lied about things both big and small, sublime and ridiculous. She claimed that Theranos’s devices were being used by the military on the battlefield, which was a blatant falsehood. She said that the devices could run hundreds of tests, when in reality they could never do more than a dozen. She said that the product was endorsed by pharmaceutical giants like Pfizer, which was not the case. In 2014 she said revenue was projected to be $100 million when it was in fact $100,000. She lied about her relationship with Balwani, where she lived and whether or not she was in the office. She even lied about the pedigree of her dog, claiming that her Siberian husky was a wolf. 

But the most bizarre misrepresentation is Holmes’s own voice, which she deepened, seemingly in a bid to get (male) investors to take her more seriously. In the boardroom, Holmes wanted to be seen as a man. But now that she’s in the courtroom, backed into a corner, she wants to play the woman card. When she takes the stand, I won’t be surprised to hear her raise her voice a few octaves. 

Tech executive Ellen Pao asserted in a recent New York Times op-ed that the trial is a “wake up call for sexism in tech,” noting that as a rare woman in a world populated by men, Holmes is the first founder to face any real consequences for Silicon Valley hype. She argued that men like Uber’s Travis Kalanick and WeWork’s Adam Neumann should have to account for their exaggerations, too. And they should. But Holmes lied about medical technology. She endangered peoples’ lives with false test results, which is substantially worse. At least Kalanick and Neumann built products that worked. Patients who had their blood tests analyzed by Theranos were led to believe they had cancer and vitamin deficiencies, or that they were miscarrying a pregnancy. Imagine calling an Uber to go to JFK airport, getting picked up by a pedicab and winding up in Times Square. Imagine renting an office in a WeWork and arriving to find an illegal basement apartment in Queens that had been flooded by Hurricane Ida. That’s Theranos. 

Holmes may be a new mom wearing smart suits and carrying an accessible diaper bag. She may or may not have been abused by her former domestic partner. But none of that changes the fact that the core of her business—the core of her entire being—was, and continues to be, bullshit. 
    [post_title] => Elizabeth Holmes's legal strategy: part Svengali, part 'can't touch this'
    [post_excerpt] => Once listed by Forbes as the world's youngest self-made billionaire, Holmes claimed Theranos could produce accurate test results from a finger prick of blood. Now she is on trial for fraud and faces 20 years in prison.
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Elizabeth Holmes’s legal strategy: part Svengali, part ‘can’t touch this’

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    [post_content] => But can radical inclusion be accomplished without silencing white feminist allies?

I was a first-year student at a prestigious U.S. women's college, back in 1989, when the college's alumnae association invited me to speak at a large event about my experience in coming to America. It wasn't very long into my first semester, and I'd just arrived from Karachi. I was 17 years old.

Karachi had been wracked by ethnic violence for more than a year, with student groups clashing all across the city and the entire province of Sindh.  That was a very frightening time, with the media reporting daily death tolls and the military enforcing 24-hour curfews. It is still fresh in my mind.

There were two other speakers at the event, both women: one was a youth organizer and peace activist in her troubled Black urban community; the other had survived a slave camp in Southeast Asia and had been subsequently adopted by an American family. The audience, however, was composed almost exclusively of white American women, many of them rich, older, well-traveled, and educated. Yet for all their worldliness, they seemed unaware that they had propped us up on a stage as though we were exhibits on display.

The three of us stood and told our stories in turn, while the women in the audience looked sad and sympathetic. I don't remember much of what I said: I do remember being in tears as I said I wanted to study and to live in peace, but that my city didn't provide much opportunity for that. Afterward, we joined the audience for dinner. We three speakers were overwhelmed by all the attention from the alums, who came up to us to tell us how "brave" we were. But while I stayed in touch with the other speakers, never again did I hear from any of the alums or from the association.

That I had been asked to perform my story of misery and woe for an audience of white women was a realization that came only years later. Those women meant well and obviously cared about our stories, but they used my life and the lives of my fellow speakers to make themselves feel better about their comfortable American existence. Not only were they more fortunate than a girl from troubled Pakistan, a former child slave from war-torn Southeast Asia, or a Black girl from a rough urban neighborhood, but they were also providing them with a platform to amplify their stories.

Rafia Zakaria's Against White Feminism: Notes on Disruption reminded me of this uncomfortable experience, now more than 30 years old. Indeed, the author describes an experience that felt remarkably familiar to the one I describe above: in her case, Zakaria believed she had been invited to a 2012 feminist event in the American Midwest as a speaker—only to be told, upon her arrival, to sit at a stall in a “global bazaar” and sell Pakistani trinkets.

It was a cathartic read, which helped me place my experience at the alumnae association against a backdrop of a white feminist agenda that is oftentimes self-serving, and which leaves behind women of other ethnicities, countries, experiences, faiths, and societies. Beyond just leaving us behind, this type of feminist activism uses us in order to leave us behind: by demonstrating the inferiority of our lives, white feminists continue to play the role of “expert” in the gender development establishment.

Zakaria deftly deconstructs the modern conundrums facing mainstream (white) feminism, with insightful examples, such as the lack of inclusivity at the 2017 Women's March; while the organizers were Black and Brown, the vast majority of attendees were white middle-class women. More broadly, she points to issues of intersectionality and how class and color affect women who struggle to make it out of poverty, but who cannot access essential tools like legal assistance. She also examines the pitfalls of addressing issues like so-called honor killings and female genital cutting/mutilation through a culturally limited white feminist lens.

In the first instance, she draws a parallel between honor killings and “crimes of passion”: while the crimes are similar, she points out, only one serves as an indictment of an entire culture and religion— i.e., Islam, eastern, “foreign.” About female genital cutting, she points out there is no attempt to understand the nuances and complexities of the issue or to distinguish between a ceremonial “nick” and an outright excision of the genitals. Zakaria does not defend honor killings or advocate for FGM. She challenges the idea that there is an innate moral superiority to Western culture, which presents itself as exclusively on the “right” side of these issues.

Zakaria, an attorney and author who lives in Indiana, intersperses these chapters with her own experiences as a young Pakistani-Muslim woman. Born in Pakistan, she consented to an arranged marriage with a Pakistani man in the U.S. when she was 17. It was an unhappy and violent union that she escaped at age 25, fleeing with her toddler to a women’s shelter. She went on to law school and a job with a Black-owned law firm, and to helping immigrant women make their way through the American justice system. With this life story she establishes herself as the opposite of a white feminist, but one who possesses, as the result of her lived experience, a deep understanding of the phenomenon.

Against White Feminism turns middle-class white feminism inside out, like a garment, so that we can view the weaknesses of the seams and the sloppiness of the stitching. It's eye-opening for anyone who identifies as a feminist but has not thought about how strongly its prevailing principles, tenets, and history are rooted in systemic racism and capitalism.

The book is probably strongest, however, in its analysis of how the U.S. justified its 2001 invasion of Afghanistan by claiming they were partly motivated to save women from Taliban oppression. American feminists threw their weight behind the war effort, and the ostensible goal of saving oppressed brown women from oppressive brown men. In doing so, they lent their voices to the American military industrial complex, which visited untold suffering upon Afghan women with bombings, drone attacks, massive displacement, and the destruction and displacement of their families.

Certainly, the situation of some Afghan women—i.e., those in urban areas—improved immeasurably after the coalition forces routed the Taliban. Over the past 20 years, a whole generation of women attended university and built careers. But with the Taliban now back in power and female journalists, teachers, artists, and activists having fled or gone into hiding, the long war seems futile. With reports in The New Yorker and from the Brookings Institution showing that the U.S. presence made rural Afghan women’s lives a hell, white feminists are now forced to confront the limitations of their support for the 20 year Afghan project and the putative gains in women’s empowerment that it touted.

A debacle like the invasion and withdrawal from Afghanistan does not happen without important historical context. Zakaria looks at the British suffragist movement of the early twentieth century, pointing out that the women who fought for the right to vote ignored the suffering caused by their country’s colonialism and imperialism in places like India. Zakaria also examines how contemporary white feminists engaged in “development” work abroad design aid programs that ignore activists on the ground who would provide crucial cultural and sociological moorings to any program for lasting, deep-rooted change.

The result of this failure to include local activists: campaigns and interventions that are myopic and deeply racist, like the Bill and Melinda Gates Foundation program that gave sewing machines and chickens to poor women in the Global South. These programs endow women with the white feminist’s fantasy of what a simple livelihood in undeveloped countries looks like, instead of envisioning creative solutions that enable women to access complicated and complex power, as well as agency and respect in their communities.

For the most part Zakaria makes her arguments lucidly; at other times, however, they are a stretch. For example, she dismisses Swedish Foreign Minister Margot Wallstrom's attempt to introduce feminist foreign policy as empty promises from a disingenuous white feminist.  The truth is more nuanced than that: Wallstrom tried very hard to stop Sweden from selling arms to Saudi Arabia because of its poor record on women’s rights, but her government, influenced by powerful arms traders in the Swedish military-industrial complex, overrode her efforts. Zakaria glosses over these facts, perhaps trying too hard to find case studies that conform to her arguments.

In another section of the book, Zakaria refers to a letter signed by Susan Sarandon and Meryl Streep in favor of the invasion of Afghanistan back in 2002. However, the source for this claim is a 2015 article that Zakaria wrote for Aeon, in which she made the same claim. The original article on the Aeon website does not have a source, and there is no trace of the open letter anywhere on the internet. This, I suspect, is a consequence of sloppiness rather than malice, but it does not serve the book well in its call for a higher kind of feminist ethics.

Perhaps the most glaring shortcoming, however, is Zakaria’s failure to offer a proper definition of the term “white feminism” until close to the end of the book; she should have laid it out at the beginning, since her entire argument is a response to white feminism. Zakaria describes it as a system that excludes the needs, voices, and expertise of brown and Black women, "a set of practices and ideas that have emerged from the bedrock of white supremacy, itself the legacy of empire and slavery." But there is a danger in using “white feminism” as a shorthand for the entire system Zakaria is calling out. Pitting brown and Black feminists, a minority in America (the book is written very much for an American audience, which is an unavoidable shortcoming), against the "white" feminist majority is momentarily empowering, but, in the long term, dispiriting and exhausting. It can leave everyone feeling like there's no point in trying to come together because the gap created by past divisions is too vast to bridge.

Zakaria’s indignant refusal to make excuses for white feminists is satisfying, but it leaves very little room for allies among white women. It also leaves little room for brown and Black women who want to work in solidarity with white women, or for those who want to access the networks and power structures that white feminists have benefited from for decades. Instead, Zakaria advocates a further splintering of the feminist movement into "Black feminisms, Muslim feminisms, queer feminisms." Will this breakdown into feminist specializations lead to a more effective global feminism— one that accomplishes the goals of women’s equality? Zakaria does not say.

It's important to point out the injustices and weaknesses of the dominant feminist movement vis-a-vis women of color. It’s certainly not the job of non-white women to provide the roadmap to reconciliation, and there is nothing in Against White Feminism to make white feminists feel more comfortable—rightly so. But the balkanization of feminism is hardly a movement from which women of the world, brown and Black, can achieve true gains. Power-sharing between all women, white, brown, and Black, under the current system, seems impossible if we are to take Zakaria’s perspective to heart. Surely we can envision a system where no woman has to step down in order for everyone to step up, together.
    [post_title] => Rafia Zakaria's 'Against White Feminism' is a cathartic read for a non-white feminist
    [post_excerpt] => 'Against White Feminism,' by Rafia Zakaria, successfully challenges the idea that western culture holds an innately superior attitude to women.
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Rafia Zakaria’s ‘Against White Feminism’ is a cathartic read for a non-white feminist

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    [post_content] => Her message to the world: please don't forget the refugee children.

A little girl is walking alone from Syria to England. She is 11 feet and 6 inches tall.

Little Amal (Arabic for “hope”) is actually a giant puppet. She represents the thousands of refugee children who have been displaced from their home countries. This nine-year-old Syrian girl is now journeying from Turkey, across Europe, and to the U.K., as part of an 8,000 kilometer (5,000 mile)  travelling festival titled The Walk.

At the end of July, Amal began her journey as a “refugee” in Gaziantep, Turkey, home to half a million Syrians. People holding lanterns aloft surrounded her, lighting up the night. As she moved through the streets, Amal reached out to balconies where children stood watching, and gently touched their hands as they smiled down at her. Orbs of light sparkled overhead, and a choir welcomed her with song. Many of the people participating in the street theater were themselves refugees.

Amal is now halfway through this theatrical journey created by Good Chance, a theater company founded in the Calais refugee camps in 2015, in collaboration with the Handspring Puppet Company. Communities in Turkey, Greece, and Italy, where she’s continued her journey, have found different ways to welcome her — sometimes with love, and sometimes with hostility. But how close is Amal’s experience to that of real refugee children?

Setting off in Turkey

The rest of Amal’s journey through Turkey was likewise filled with celebration and theatrical wonder. In Adana, a flock of model birds accompanied her across the Taşköprü stone bridge, held up proudly on long sticks by both children and adults in the local community. She played with the children of Tarsus, who crowded in together for a chance to touch her hands. In the Kaleiçi Bazaar in Denizli, portraits of refugees who had journeyed through Turkey were projected onto walls as she appeared. “I think the most common reaction is wonderment, followed by curiosity. People have been receiving her very warmly in many places,” says Amir Nizar Zuabi, artistic director of The Walk and Good Chance. “One of the most astonishing things for me as artistic director on this project, was the true generosity and creativity that this evoked from people,” he says. “This project is only possible because of a network of thousands of people that have devoted time, energy, and their creativity to create these welcoming events along the way.” Turkey is a poignant place for this journey to begin. It hosts the biggest population of refugees in the world. The “best interests of the child” principle, part of the United Nations Convention of the Rights of the Child, is enshrined into law here, which means that all unaccompanied young refugees must, in theory, be given suitable accommodation and a guardian. But according to the Asylum Information Database (AIDA), many children are in fact abandoned by the state which doesn’t offer the protections they are promised. AIDA has also pointed out the state sometimes appoints inappropriate guardians, such as people without the right qualifications, or who aren’t a relative, leaving refugee children with no other choice but to beg in the street. Were Amal settling in Turkey, accessing education could also be a real problem. Approximately 400,000 Syrian children residing in the country are not receiving an education, according to Human Rights Watch and Turkey’s Ministry of Education, Amal, however, is not settling in Turkey. On her last day in the country, she stood on the shores of Çesme as the sun set, ready to take a boat to Greece. In these waters, many refugees like her have lost their lives. Zuabi commented on the potency of that moment, as Amal looked into the horizon, almost motionless.

Hostility in Greece

Little Amal’s journey in Greece was, at times, quite tumultuous. It began with music, with a whole community arriving to meet her off the boat in Chios and welcome her with song. But in other towns, she faced fury. “In a city called Larissa in Greece, she became a symbol of the refugee problem, she was shouted at and even violently attacked,” says Zuabi. Protesters threw stones at Amal. And in Meteora, people voted to ban Amal from walking through their village, because they did not want a Muslim child walking through a Greek Orthodox space. More violence was threatened against Amal in other towns and villages along her route. “From that moment, her appearances in Greece created a strong sense of solidarity. I think the reaction she induces is specific to the context of the country we are in, and even more specific to the city and the population we meet,” Zuabi says. “One thing I know for sure is that nobody stays indifferent.” 
In spite of the threats against Amal, people still came together to welcome her in Athens. While some events had to be cancelled, Amal took to a rooftop in Athens to meet locals. From this vantage point, Zuabi says, he could see people wiping tears from their eyes. On the Walk With Amal Instagram account people responded to the video of the violence with an outpouring of love and solidarity—more than double the number of comments than their other popular videos. There were messages like, “I'm so proud that I walked with you Amal, hand in hand with my children!” and “We want to welcome you, celebrate you and keep you safe.”  In Ioannina, Amal walked between the Katsikas refugee camp and the city centre. In the camp, Zuabi says there was a sense of pride; people felt celebrated. As she walked on, the local community presented lightboxes filled with messages of hope: “You are our rainbow” and “Step by step,” they said.  When unaccompanied minors arrive in Greece, they are detained in reception centres until they’ve been processed and a place in a shelter found for them, but backlogs mean they can be left waiting for months. Their accommodation is often unsuitable, and spaces are limited. Human Rights Watch has witnessed young people living amongst the general population of Greece’s Moria Camp, because the areas designated for children are beyond capacity. Some children have to fend for themselves, sometimes sleeping in the open despite the fact that, under Greek law, unaccompanied children should be placed in safe accommodations and placed under guardianship. Irida Pandiri is responsible for shelters for unaccompanied minors through her work with the Association for the Social Support of Youth (ARSIS), a Greek NGO that assists young people in difficulty or danger. She says the larger reception centres in which people are detained are simply not appropriate for children, in part because they cannot leave the facilities to go to school. Meanwhile, the guardianship promised to these young people is not provided.  “Guardianship, it is almost a joke in Greece,” she says. “When they are in the detention facilities, there are no guardians.” This, for ARSIS, is a crucial issue. Education is also a major problem, with Greek schools often reluctant to register refugee children; even in cases where registration is possible, Covid restrictions often prevent them from leaving the camp to attend. In order to make it to these reception centres, young refugees must come face-to-face with authorities hoping to send them back to Turkey. Their “welcome” to Greece is full of violence: their belongings are confiscated and they are frequently turned away, in clear violation of their human rights. Many such experiences have been documented by organizations like the Border Violence Monitoring Network and Refugee Rights Europe. Just as the response to Amal’s reception in Greece was mixed, so has ARSIS found its ability to do its work challenged by uneven support in various communities. “In the years since 2017-2018, in the areas where we are trying to establish shelters, unfortunately, the communities weren’t so welcoming,” Pandiri says. But ARSIS continues to support young refugees as best it can. The organization has eight centres for unaccompanied children across Greece, and they operate safe zones in some of the larger camps. Other NGOs also offer child protection services, legal advice, and recreational activities. As Amal took her final steps in Greece toward Piraeus Port, she was guided by more singing and live music. The protests in Greece were loud, but the welcome was louder.

Walking through Italy

Little Amal is now walking through Italy. She arrived in Bari, where an Italian nonna, or grandmother, arrived to give her guidance. This nonna, a puppet just a few inches shy of Amal’s height, pulled her for a hug and imparted upon her some words of wisdom. [caption id="attachment_3195" align="aligncenter" width="640"] Little Amal greeted by an Italian nonna, or grandmother, in Bari, Italy.[/caption] Italy has welcomed Amal warmly, but this experience might be far from the reality for actual young refugees. Andrea Costa is president of Baobab Experience, an organization supporting displaced people who have arrived in Italy. The organization is also a humanitarian partner of The Walk. “Italy—and I’m very sad to say this, because I love my country—is changing,” Costa said. Although it has traditionally welcomed foreigners, negative media coverage of migration and the rise of far-right politicians have led to a changed country, he said, adding: “It's pretty difficult for unaccompanied minors to make their way in Italy.” In Italy, solidarity with refugees has now been criminalized in a number of ways. In June 2019, Italy banned NGOs from carrying out search and rescue operations. In the area of Ventimiglia, several people have been charged for giving food to refugees, after a municipal decree outlawed the practice. “Before, people felt ashamed to be racist,” said Costa. But now, people who want to help refugees must do so surreptitiously.  Like Turkey and Greece, Italy has policies and procedures in place that are designed to protect unaccompanied children. They are given a permit to remain until they are 18 years old. They can’t be pushed back to other countries, they must be accommodated, and they cannot be detained.  But in practice, these rights aren’t always respected. As the coronavirus pandemic swept through Italy, the government used private ships to quarantine incoming refugees. According to a report from the Italian Association for Juridical Studies on Immigration (ASGI), some children were held on these ships for 10-15 days (although some people report this is far longer) before their ages were assessed. Human Rights Watch reported that children were being illegally pushed back from Italy to Greece, another abuse of rights. These are young people who have most likely already faced tremendous trauma. Costa describes Italy as a transit country for refugees. While many young people choose to move through the country rather than claim asylum, they are at risk. “We have an extremely high number of unaccompanied minors who don't want to stay in Italy, but want to go directly to France, to Germany, to Holland, to Belgium, because they know that even for minors, just like for all the other migrants, it's much better organized in other European countries,” Costa said. According to Human Rights Watch, many young refugees cite a lack of access to education and poor reception upon arrival in Italy as influencing them to move onto other countries instead. Baobab Experience is an organization composed of volunteers who care for young people at risk of falling into the hands of smugglers or human traffickers while they’re in Italy. They make sure these refugees have somewhere to sleep, something to eat, and are clothed. Recently, they joined a network of organizations helping to create safe passages so that, if those young people do choose to cross borders, trusted organizations can help on the other side, including in finding travel tickets at the best prices, rather than turning to smugglers. But there is another problem for unaccompanied minors in Italy—a cruel gift on their 18th birthday. As they make the difficult transition into adulthood, far from their home country and family, they are no longer guaranteed accommodation. Many of them lack the skills to make their way safely in the world, with no access to language or professional skills. “There are a lot of young people that really lose important years of their lives,” Costa says. This is why Baobab Experience provides English and Italian courses for young people. Despite all this, Costa remains optimistic about the future of refugees in Italy. He’s seen a change in younger Italians, who seem to be more understanding about their plight. Perhaps a new, more welcoming Italy is on the horizon. Meanwhile, Amal is continuing her journey through Italy, before she crosses into France. She’s just finished exploring the ancient landmarks of Rome; in Vatican City Pope Francis met with Amal, along with the children accompanying her on this leg of the journey. 
Amal’s welcome across Turkey, Greece, and Italy varied from country to country and village to village. Like the refugees whose experiences she’s enacting, Amal’s journey has only begun. Her last stop is the U.K., where the government is currently pushing through legislation called the borders and nationalities bill, which would deny asylum or aid to any refugee who enters the country through an unofficial port of entry—for example, by crossing the channel in a small boat. Under the provisions of the bill, Afghan refugees forced to escape from the Taliban could be jailed in the U.K. because they reached the country by routes that the U.K. government has decided are “illegal”—although, according to international law, there is no such thing as an illegal asylum seeker. What kind of welcome can Amal expect when she arrives in October? In spite of the government proposals, many British communities promise a warm welcome to Amal and to refugee children. Camden Town has planned a birthday party for Amal, while several choirs will sing for her in the port town of Folkestone on the day she arrives in the U.K.. Anti-refugee sentiment has become more pronounced since Brexit, but many people have also become more vocal about their support for refugees. In the face of racism, changing government policy, and dehumanizing tabloid headlines, compassionate communities are needed more than ever. [post_title] => This is Little Amal, the puppet refugee girl on a European odyssey [post_excerpt] => Ferried from country to country by volunteer puppeteers, Little Amal has been greeted by choirs and dancers. In Vatican City, she was greeted by Pope Francis. [post_status] => publish [comment_status] => closed [ping_status] => open [post_password] => [post_name] => this-is-little-amal-the-puppet-refugee-girl-walking-8000-kilometers-across-europe [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:15:12 [post_modified_gmt] => 2024-08-28 21:15:12 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=3193 [menu_order] => 177 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

This is Little Amal, the puppet refugee girl on a European odyssey

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    [post_date] => 2021-09-14 21:51:25
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    [post_content] => Packed with far-right radicals during the Trump presidency, the Supreme Court is well-positioned to overturn Roe v. Wade.

In several articles written over the past few years, I have warned readers that a United States Supreme Court illegitimately packed with far right-wing Christian justices might overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion by locating a right to privacy in the Fourteenth Amendment’s due process clause. Quite a few pundits have long since dismissed this possibility, suggesting not only that Roe was settled law, but also, cynically, that the Republican Party needs Roe v. Wade as an ongoing campaign issue to play to its white Christian base and would thus never allow it to be overturned. But these pundits are, for the most part, not informed by intimate lived experience of the Christian right, so they underestimated the power of its zealotry.

In one sense only, they might nevertheless be proven correct. If the Supreme Court’s majority of conservative justices decides not to explicitly overturn Roe—because they want to avoid the fallout that would come from officially taking away a constitutional right, while still de facto ending that right—they will only be able to do so because the five most radical justices have already rendered the case a dead letter. “The Supreme Court ended Roe v. Wade,” wrote constitutional lawyer Andrew Seidel on September 2, a day after the court allowed Texas’s brutal Senate Bill 8 (SB8) to go into effect. The so-called “Texas Heartbeat Law” is deceptively named, given that electric activity is detectable in a fetus before an actual heart has formed. The scientifically inaccurate, rhetorically charged language of “unborn child” is also used throughout the legislation’s text.

Texas’s SB8 bans abortion after six weeks, which is only two weeks after it’s even theoretically possible for most women and trans men to know that they’re pregnant. In an even more twisted move, the law incentivizes abortion bounty hunting, empowering private citizens to receive at least $10,000 by suing not only abortion providers, but also anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion.” By crafting the law to provide for private enforcement without creating a mechanism for state enforcement, the legislators behind Texas’s law hope to insulate the state from legal action that might prevent the unconstitutional legislation from going into effect. Thanks to the right-wing partisan makeup of both the Fifth Circuit Court of Appeals and the post-Trump Supreme Court, the tactic worked.

When Texas passed SB8, a coalition of women’s health clinics and funders promptly sued, pointing to its immediate harm; the law would effectively halt safe and legal abortions in Texas. A district court scheduled a preliminary injunction hearing that could have stopped the law from going into effect while litigation proceeded, but the defendants immediately appealed to the Fifth Circuit, where a three-judge panel featuring two Trump-appointed judges halted that process. The Supreme Court then failed to rule on the Fifth Circuit’s decision, allowing the law to go into effect at midnight on September 1. On September 10, the same Fifth Circuit panel ruled that state officials are immune from legal action against SB8 because “S.B. 8 emphatically precludes enforcement by any state, local, or agency officials.” Legal maneuvering will continue, including a suit to block the law brought by the Biden Administration’s Department of Justice; in the meantime, Texas’s essentially theocratic law will remain in effect.

Andrew Seidel, who is Director of Strategic Response at the Freedom from Religion Foundation, told The Conversationalist matter-of-factly that “in a normal world, with an apolitical judiciary,” the “one weird trick” employed by Texas Republicans to ensure SB8 went into effect would not have worked. “Normally, when a constitutional right is so clearly and obviously threatened, the judiciary preserves the status quo before that threat can be realized,” he said. This is what the district court was in the process of doing before it was overruled. “Courts don’t typically allow monumental shifts in constitutional rights to occur without a full hearing first.” The Fifth Circuit thus violated longstanding norms with its decision.

“The court is basically saying if you want to challenge this law, someone needs to sue to collect the bounty,” summarized Seidel. In his opinion, this is “absurd, because 90 percent of abortions in Texas have stopped.” Because no abortion provider will risk a lawsuit, said Seidel, the “right to bodily autonomy has been gutted” in Texas. The legislation, he added, amounts to de facto “mob rule over the womb.” There are, undoubtedly, authoritarian Christian zealots who are eager to sue, backed by the deep pockets and organizational prowess of the far right. Already in July, in anticipation of SB8 going into effect, the extremist anti-choice organization Texas Right to Life created a “prolife whistleblower” website through which users could snitch anonymously on abortion providers or those who “aided and abetted” any Texan seeking abortion care.

Tech-savvy teenagers led a recent campaign, organized primarily on TikTok, to inundate the site with false and nonsensical reports in the hope of overwhelming those behind it, preventing them from using the information to do harm. Seemingly as a result of all the buzz, the internet hosting service GoDaddy declared the site in violation of its terms of service. Since a new service willing to host the site has not yet been found, the site’s URL currently redirects to the Texas Right to Life homepage.

But what of the Supreme Court’s role in allowing SB8 to stand, effectively giving the green light to abortion vigilantism? Without hearing any arguments on the case, the high court allowed SB8 to go into effect by denying, in a single paragraph, an emergency request from the Texas plaintiffs to stop it. This non-transparent action is an example of the court using what is often referred to as “the shadow docket.” Imani Gandy, Senior Legal Analyst at Rewire News, explained that the term is one “court watchers use to refer to the sort of docket behind the docket.” Unlike the regular docket, which Gandy describes as “a public-facing schedule of the court’s business,” the shadow docket refers to the court’s use of emergency procedures allowing it to take action in a case without the presentation of arguments from the parties.

The shadow docket, explained Gandy, is “a break from normal procedure,” in that its justices hand down decisions quickly and with little explanation. By contrast, normal procedure takes about a year from the submission of documents through presentation of oral arguments before the high court, to the rendering of a decision that involves the release of detailed, signed opinions. In this case, Gandy said, “What Texas did is essentially nullify Roe in the span of two weeks,” a fact that she calls “remarkable.” In her view, the Supreme Court behaved very strangely in allowing SB8 to take effect while the lower courts are still litigating its legality. “What the court should have done,” Gandy said, “is looked at this blatantly unconstitutional six-week ban and said we’re going to enjoin enforcement of this law by anybody until we can figure out what’s going on with this new private enforcement mechanism that Texas has cooked up.”

Gandy called this “unacceptable judicial procedure” because of the non-transparent way in which “it allowed the Supreme Court to do what we had been afraid the Supreme Court was going to do, but without showing its work,” which Gandy objects to as “underhanded dealing outside the view of the public.” The high court did not explain “why it believes that this six-week ban may be constitutional, or at least constitutional enough to go into effect in Texas while the constitutionality of the law is being litigated,” she said. Instead, the court simply unleashed right-wing Christian culture warriors to harass vulnerable Texans in a devastating way, in addition to giving a tacit greenlight to other Republican-controlled states to pass similar bans.

The Supreme Court might still officially overturn Roe. In Gandy’s view, the court’s action in the Texas case “signals that Roe is very much up for grabs” in a Mississippi abortion ban case the court has also agreed to hear. But whether the court overturns this major precedent or not, the federally protected right to abortion care is effectively dead. Same-sex marriage and access to contraception will probably also take their turns on the judicial chopping block.

Asked what citizens can do to fight back against this brazenly partisan judicial activism and overreach, Seidel did not equivocate. “Whatever chaos reigns over the next few months, we are coming to a point where Roe v. Wade is dead and buried. The DOJ can get involved, Congress can pass the Women’s Health Protection Act, and those things should happen, but this court is still going to get a final say on all of it.” The only solution that might have a lasting impact, Seidel said, was to expand the federal courts. “Trump, McConnell, and the Federalist Society packed the courts. They’re gone for a generation. That is the underlying problem that we need to solve.”

If we fail to restore fairness, America almost certainly faces a future of minority authoritarian rule. As Max Fisher recently laid out in The New York Times, the state of women’s rights in a country tends to be a good indicator of how democratic or authoritarian it is. Where women’s rights are expanding, an overall process of democratization is generally taking place. And where women’s rights are contracting, so are democratic norms and freedoms. Only three countries have curtailed abortion rights since 2000. Two of them are Nicaragua and Poland. The other is the United States of America.
    [post_title] => 'Mob rule over the womb': the Texas abortion law is a huge win for the Christian right
    [post_excerpt] => Rolling back the right to abortion was never just a slogan for the Christian Right. It was always the end game, and remains so.
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‘Mob rule over the womb’: the Texas abortion law is a huge win for the Christian right