Jan 152010
 

Let’s talk about Cass Sunstein.

For those of you out of the know, Sunstein is head of the Office of Information and Regulatory Affairs, a part of the Executive Office of the president of the US. He is informally known as the Information Czar, roughly equivalent to one of the many, many posts held in the UK by Peter Mandelson. It is a creepy competency, and it is perhaps only fitting that it should be filled by a professor of law at Harvard, which Sunstein also is.

The North West LPUK blog flagged him up today as a dodgy customer, and indeed, it looks as if he is one.

For someone expert in constitutional law, Cass Sunstein is all about some bansturbation that would interfere directly with the rights explicitly protected in that constitution, namely the right of free speech.

According to this post at Infowars, in 2008 he prepared a white paper that outlined the responses government might make to the over-prevalence of conspiracy theories (though, alas, their link to the paper does not work):

On page 14 of Sunstein’s January 2008 white paper entitled “Conspiracy Theories,” the man who is now Obama’s head of information technology in the White House proposed that each of the following measures “will have a place under imaginable conditions” according to the strategy detailed in the essay.

1) Government might ban conspiracy theorizing.

2) Government might impose some kind of tax, financial or otherwise, on those who disseminate such theories.

That’s right, Obama’s information czar wants to tax or ban outright, as in make illegal, political opinions that the government doesn’t approve of. To where would this be extended? A tax or a shut down order on newspapers that print stories critical of our illustrious leaders?

And what does Sunstein define as “conspiracy theories” that should potentially be taxed or outlawed by the government? Opinions held by the majority of Americans, no less.

Among the theories identified in the paper as possible targets for censorship are the beliefs that Oswald did not act alone, that global warming is a deliberate fraud, and that sunlight is good for the body. These are all pretty inoffensive ‘conspiracy’ theories. Most of those suspected of involvement in the Kennedy assassination are now dead (or, in the case of Castro, as near as dammit), and it does not seem reasonable to censor conspiracies regarding an event about which we will likely never know the gospel truth. On the other side of the spectrum, whether or not climate change (global warming) is an immediate threat is something scientists predict we will know within 50 years. Why suggest censoring a conspiracy theory that has a built-in sell-by date? And the benefits of sunlight are backed up by numerous studies which show that sunlight is an excellent source of essential vitamin D. As long as people are equally aware of the dangers of skin cancer due to exposure, why attack this claim? [CORRECTION: Sunstein does say that believing sunlight is healthy is false and dangerous, but he does not class it as a conspiracy theory.]

What possible reason could Sunstein have for advising that such innocuous views be suppressed?

One can only presume that Sunstein is deliberately framing the debate by going to such absurd extremes so as to make any belief whatsoever into a conspiracy theory unless it’s specifically approved by the kind of government thought police system he is pushing for.

That seems plausible to me. If harmless conspiracy theories warrant taxation or bans, what do harmful ones deserve? (Remember, many places still have the death penalty in the US.)

Sunstein is also known to have called for the First Amendment to be re-written, to have advocated internet censorship (beyond what already exists, presumably), and to hold the belief that Americans should celebrate Tax Day. This last was so bizarre to me that I had to search it up for verification. In an article for the Chicago Tribune which Sunstein also published on his website at the University of Chicago, Sunstein wrote:

In what sense is the money in our pockets and bank accounts fully “ours”? Did we earn it by our own autonomous efforts? Could we have inherited it without the assistance of probate courts? Do we save it without support from bank regulators? Could we spend it (say, on the installment plan) if there were no public officials to coordinate the efforts and pool the resources of the community in which we live?

Do not get up tomorrow and drape your house in black! For tax day is not a day of national mourning. Without taxes there would be no liberty.

Without taxes there would be no property. Without taxes, few of us would have any assets worth defending.

It may be reasonable, in some cases, to cut tax rates. What is unreasonable and, in fact, preposterous is the all-too-familiar conservative rhetoric that flatly opposes individual liberty to the government power to tax and spend. You cannot be for rights and against government because rights are meaningless unless enforced by government.

If government could not intervene effectively, none of the individual rights to which Americans have become accustomed could be reliably protected.

Most rights are funded by taxes, not by fees. This is why the overused distinction between “negative” and “positive” rights makes little sense. Rights to private property, freedom of speech, immunity from police abuse, contractual liberty, free exercise of religion–just as much as rights to Social Security, Medicare and food stamps–are taxpayer-funded and government-managed social services designed to improve collective and individual well-being.

This raises some important questions, to be sure. Who decides, in the United States, how to allocate our scarce public resources for the protection of which rights for whom? What principles are commonly invoked to guide these allocations? And can those principles be defended? These questions deserve more discussion than they usually receive, unclouded by the dim fiction that some people enjoy and exercise their rights without placing any burden whatsoever on the public fisc.

In any case, to recognize the dependency of property rights on the contributions of the whole community, managed by the government, is to repel the rhetorical attack on welfare rights as somehow deeply un-American, and totally alien or different in kind from classical or “real” rights. No right can be exercised independently, for every rights-holder has a claim on public resources–on money that has been extracted from citizens at large.

For all rights–call them negative, call them positive–have that effect. There is no liberty without dependency.

‘Without taxes, there would be no liberty.’

‘Rights are meaningless unless enforced by government.’

‘There is no liberty without dependency.’

And there is no tyranny without sophistry. This man is now Obama’s sophist extraordinaire.

Sunstein’s Wikipedia page informs me, as well, that he is ‘known for’ soft paternalism and choice architecture: our old friend libertarian paternalism, advocated in Britain by Sunstein’s counterpart Julian le Grand:

The idea, dubbed “libertarian paternalism”, reverses the traditional government approach that requires individuals to opt in to healthy schemes. Instead, they would have to opt out to make the unhealthy choice, by buying a smoking permit, choosing not to participate in the exercise hour or adding salt at the table.

By preserving individual choice, the approach could be defended against charges of a “nanny state,” he said. “Some people say this is paternalism squared. But at a fundamental level, you are not being made to do anything. It is not like banning something, it is not prohibition. It is a softer form of paternalism.”

Many of Sunstein’s publications appear to have equally sinister connotations:

  • Democracy and the Problem of Free Speech (1995)
  • Free Markets and Social Justice (1997)
  • The Second Bill of Rights: FDR’s Unfinished Revolution and Why We Need It More than Ever (2004)
  • Laws of Fear: Beyond the Precautionary Principle (2005)
  • Nudge: Improving Decisions about Health, Wealth, and Happiness (2008)

The ‘Second Bill of Rights’ of FDR, by the way, contains the right to education, a home, healthcare, etc: the so-called ‘positive’ rights between which and liberty Sunstein sees no distinction. And according to Wikipedia, another strike against the Tories:

Sunstein co-authored Nudge: Improving Decisions about Health, Wealth, and Happiness (Yale University Press, 2008) with economist Richard Thaler of the University of Chicago. Nudge discusses how public and private organizations can help people make better choices in their daily lives. Thaler and Sunstein argue that

People often make poor choices – and look back at them with bafflement! We do this because as human beings, we all are susceptible to a wide array of routine biases that can lead to an equally wide array of embarrassing blunders in education, personal finance, health care, mortgages and credit cards, happiness, and even the planet itself.

The ideas in the book proved popular with politicians such as Barack Obama, David Cameron, and the British Conservative Party in general (Cameron is party leader).

I can only assume that Sunstein’s proposed tax on objectionable views is an example of a ‘nudge’ node in his ‘choice architecture.’

Sunstein’s objection to the First Amendment comes as a result of his theory of ‘cyber balkanisation,’ in which growing use of the internet has isolated people from the opinions of those who do not share their views. In his book Democracy and the Problem of Free Speech, he argues:

…in light of astonishing economic and technological changes, we must doubt whether, as interpreted, the constitutional guarantee of free speech is adequately serving democratic goals.

From this it seems clear that Sunstein views freedom of speech not as an end in itself, but as a means to the pursuit of ‘political deliberation and citizenship’.

I would like to note that Sunstein’s calls to ban ‘conspiracy theories’ if necessary are wholly inconsistent with libertarian paternalism, involving as they do not a nudge but an outright prohibition. A tax seems more in agreement with his philosophy of choice architecture, requiring people to ‘opt out’ of not holding objectionable opinions. But one has to wonder: if there is no liberty without taxation, what are we to do about a tax that directly suppresses one of our fundamental freedoms? Is that liberty, too? Is not-liberty liberty?

All of which makes the NW LPUK blog’s opening that much more relevant:

As the LPUK has pointed out to British MPs, George Orwell’s novel 1984 is “…a warning, NOT a blueprint.”

War is Peace. Ignorance is Strength. Freedom is Slavery.

And a tax on freedom is liberty.

UPDATE: A different view of Cass Sunstein and conspiracy theories is presented at the Bleeding Heart Show. I particularly like this analysis:

There are many different explanations for why conspiracy theories form and how they spread, but I think the most important cultural/political aspect is how they’re often reactions from peoples or communities who feel distanced from & distrustful of the establishment. If you reduced that amount of alienation, you’d probably reduce the number and the power of these strange alternate histories. In the end, if you feel so powerless, the government must seem a hell of a lot more powerful than it actually is.

I think this is almost certainly accurate. Reducing alienation, however, involves identifying its source and correcting it. A lot of the distance and distrust Americans have for the establishment, and probably Britons too, is a result of feeling that the establishment is unresponsive to their needs and wishes. Protests and petitions have, most of the time, little effect on what the government does (witness the Iraq war protests here in the UK in 2003 and 2004; millions marched but the armed forces were deployed after shockingly little debate in Parliament).

When elections are won by extremely narrow margins, or fought almost exclusively in swing states or marginal constituencies, that leaves many citizens feeling ignored or effectively disenfranchised. And, of course, everyone who voted for the losing candidate or party is going to feel alienated from the incoming winner. The British also have the EU to contend with, in which many positions of extraordinary power are unelected and, to a large extent, unaccountable. There is also the phenomenon wherein the winning candidate/party fails to fulfill its manifesto, and so even those citizens who supported them become disillusioned and distrustful.

In short, the solution for reducing alienation is more transparency in government and more democratic accountability. But to implement this solution requires that those with power in the establishment acquire a little humility and cease to act as if they believe they are smarter, wiser, and know what’s best for people. Unfortunately, ‘humble and willing to accept his own fallibility’ seems pretty much the complete opposite of Cass Sunstein, so I doubt this is a solution he, in his unelected, unaccountable power, will be pushing for anytime soon.