George Will wants freedom of association ... for conservatives

There's a lot to unpack in George Will's column today about Vanderbilt University's decision to withhold recognition from the Christian Legal Society, a campus group that (naturally, given its orientation) wants to ensure that only Christians can be in its leadership.

I think Will goes wrong by starting to compare apples to oranges. Will must be quoted at length:

In 1995, the Supreme Court upheld the right of the private group that organized Boston’s St. Patrick’s Day parade to bar participation by a group of Irish American gays, lesbians and bisexuals eager to express pride in their sexual orientations. The court said the parade was an expressive event, so the First Amendment protected it from being compelled by state anti-discrimination law to transmit an ideological message its organizers did not wish to express.

In 2000, the court overturned the New Jersey Supreme Court’s ruling that the state law forbidding discrimination on the basis of sexual orientation required the Boy Scouts to accept a gay scoutmaster. The Scouts’ First Amendment right of “expressive association” trumped New Jersey’s law.

Unfortunately, in 2010 the court held, 5 to 4, that a public law school in California did not abridge First Amendment rights when it denied the privileges associated with official recognition to just one student group — the Christian Legal Society chapter, because it limited voting membership and leadership positions to Christians who disavow “sexual conduct outside of marriage between a man and a woman.”

It seems to me that these three cases, though, are entirely consistent. The first two uphold the rights of private organizations to choose their members and their message. The third doesn't change that! The Christian Legal Society still has a right to exist in the California case—it just doesn't have the right to use the college's funds and facilities if it's going to exclude some students from membership. As Justice Ginsburg said in writing for the majority on that case: "In requiring CLS—in com­mon with all other student organizations—to choose be­tween welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress
constitutional limitations. CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings’ policy."

If anything, Vanderbilt has a stronger defense of its policy to deny the CLS the use of its funds and facilities: Unlike Hastings, it's a private university! Surely it, like the parade organizers and the Boy Scounts, has the right to chose its own expressive associations as well! But Will smells the smoke of pernicious progressive plotting:

Although Vanderbilt is a private institution, its policy is congruent with “progressive” public policy, under which society shall be made to progress up from a multiplicity of viewpoints to a government-supervised harmony. Vanderbilt’s policy, formulated in the name of enlarging rights, is another skirmish in the progressives’ struggle to deny more and more social entities the right to deviate from government-promoted homogeneity of belief. Such compulsory conformity is, of course, enforced in the name of diversity.

Shorter Will: Freedom of association is important ... for conservatives. If a private entity wants to exclude gays, he will defend to the death its right to do so. If a private entity wants to exclude a club that excludes gays, though, it's the death of freedom. Such a one-way conception of liberty isn't really liberty at all, is it? The shape of Will's argument is—as Justice Ginsburg suggested—seeking a privileged position for social conservatives under the rubric of seeking parity. That's usually what conservative groups accuse gay rights activists of doing!

It's worth mentioning that Will's column appears the same week as news emerges about Shorter University, a Christian college in Georgia that is now requiring its employees to abstain from pre- and extra-marital sex, including homosexual sex. I don't agree with Shorter University's theology—but it is a private university which takes no state or federal money. So even though I won't be sending my son there, I will defend the college's right to choose its associations. George Will would too, I imagine. He just doesn't apply the same standards in the opposite direction. Which means he's less attached to the liberty he claims to espouse than he is to opposing gays and liberals.

Community colleges on the rise

Comparatively affluent students are picking community colleges over four-year schools in growing numbers, a sign of changing attitudes toward an institution long identified with poorer people.

A recent national survey by Sallie Mae, the student loan giant, has found that 22 percent of students from households earning $100,000 or more attended community colleges in the 2010-11 academic year, up from 12 percent in the previous year. It was the highest rate reported in four years of surveys.

In the lengthening economic downturn, even relatively prosperous families have grown reluctant to borrow for college. Schools are finding that fewer students are willing to pay the full published price of attendance, which tops $55,000 at several private universities. More students are living at home.

via washingtonpost.com

My son's just 3 years old, but I've already spent a lot more time than I expected thinking about how best to provide his education. When he was born, I think I had a plan to get him into an Ivy League school. Now...not so much. It depends on his gifts and interests, of course, but I'm not interested in saddling either him or me with huge amounts of debt for his college experience. College will probably be important. An expensive college? Maybe not.

Solving the jobs crisis through despair

Some goodish news from the Fed...

The unemployment rate, it predicted, would still be at least 8.5 percent at the end of 2012, at least 7.8 percent at the end of 2013 and at least 6.8 percent at the end of 2014.

But at least that's a drop in unemployment, right?

Such reductions probably would come in part from people abandoning the search for work, rather than those finding new jobs.

 (Sigh.) Expect government officials to tout the falling unemployment rate even as other indicators—median wages, number of households in poverty—continue to stagnate or get worse.

The unseen casualties of a decade of war

Adolescent boys with at least one parent in the military are at elevated risk of engaging in school-based physical fighting, carrying a weapon and joining a gang, according to research presented today at the American Public Health Association’s 139^th Annual Meeting in Washington, D.C.

 

The study by researchers at the University of Washington’s School of Public Health looked at the strain of military deployment on U.S. families, particularly its toll on adolescent boys and girls whose parents are on active duty. The research is based on data from the 2008 Washington State Healthy Youth Survey of more than 10,000 adolescents in the 8^th, 10^th and 12^th grades of public schools.

The study finds that military deployment is associated with a 1.77 higher odds of physical fighting and 2.14 higher odds of gang membership among adolescent boys in 8^th grade. Girls in 8^th grade with at least one parent in the military were at twice the risk of carrying a weapon.

via apha.org

Media Research Center on the Herman Cain scandal: Clinton! Clinton! Clinton!

The Media Research Center seems to think the media is proving its liberal bias by covering the Herman Cain scandal so closely, whereas it strained to ignore the Clinton sex scandals of the 1990s. Which is weird, because my memory of the late 1990s is that political coverage was dominated, for a time, by news of Clinton's sex scandals. There was even an impeachment or something.

Nonetheless, MRC concludes:

When one contrasts the sexual harassment scandals of Democrat Bill Clinton, which included on the record accusers, with the hazy allegations against Republican Herman Cain, it becomes clear that the networks have enthusiasm for one and ignored the other.

That's interesting framing, because the "hazy allegations" against Cain are actually confirmed cases that were settled with monetary payouts a decade ago. That makes them somewhat more tangible than the MRC suggests, it seems to me.

Thomas Sowell defends usury

At NRO today, Thomas Sowell gets cranky about a California newspaper's investigation into "payday loan" companies and their practices. He particularly objects to a line suggesting that customers of such institutions are charged what amounts to an annual interest rate of more than 400 percent:

The 460 percent figure comes from imagining that the borrower is not just going to borrow the money for a couple of weeks, but is going to keep on borrowing every couple of weeks all year long.

Using this kind of reasoning — or lack of reasoning — you could quote the price of salmon as $15,000 a ton or say a hotel room rents for $36,000 a year, when no consumer buys a ton of salmon and few people stay in a hotel room all year. It is clever propaganda, but do people buy newspapers to be propagandized?

Sowell, having raised such questions, might've attempted to answer them.

That might've detracted from his screed, though, because the evidence is that quite a few customers actually do get caught in a debt spiral with these companies. In 2007, Michael Stegman did an overview of the industry for the Journal of Economic Perspectives:

Sowell, in the end, decries the story as part of a lefty plot to keep payday lenders from defending themselves:

Instead, we get the story of how the payday-loan industry, like most other industries, has lobbyists contributing money to politicians to try to be spared more regulations. This the investigative reporter calls “protecting” the payday-loan industry.

Protecting it from what? From the politicians. Some would call their campaign donations “protection money,” in the same sense in which the mafia collects protection money.

Not exactly. In California, the payday loan industry has put its muscle behind a bill that would boost their profits by letting them lend greater amounts of money at higher rates of interest. That's not defensive, it's aggressive. If Sowell's mafia analogy is correct ... well, let's just say the payday industry would be the guy in the leather chair, stroking a cat.

I suspect the broader argument is that payday companies provide a valuable service, which workers are free to use or not use. But it certainly appears that the systemic incentive is to put the working poor on the hook and encourage them to stay there for as long as is profitable. Sowell's fellow conservatives like to talk a lot about liberty from government, but payday loan lenders offer plenty of evidence there are other institutions that offer oppression, which is no less pernicious.

Rand Paul is really angry about the Herman Cain scandal story

Paul adds that fear of sexual harassment suits damages workplace relations.

“There are people now who hesitate to tell a joke to a woman in the workplace, any kind of joke, because it could be interpreted incorrectly,” he says. “I don’t. I’m very cautious.” 

via nationalreview.com

You know what else damages workplace relations? *Sexual harassment.* It's ok, I think, to be cautious about telling that dirty joke.