Monthly Archives: June 2004

public-interest groups and communications policy

I’m delighted to announce that a student of mine, Tina Sherman, passed her dissertation defense today. I don’t want to “scoop” Tina by revealing her findings. However, she interviewed about two thirds of the leaders of all the self-described “public interest” groups that work in the fields of communications and information technology. These are the groups that lobby or litigate–ostensibly in the interests of the public–on issues like the number of TV stations that a company can own, the availability of licenses for local, “low-power” radio stations, the basic rules governing the Internet, the number of years that copyright protection lasts, and the amount of money that we spend equipping schools with computers. Tina also interviewed several foundation executives who fund these advocacy groups. Her research portrays one fairly typical subset of the “public interest community,” roughly 30 years after Ralph Nader, John Gardner, and their peers created the first of these groups. The results are important and troubling.

thoughts on libertarianism

Since I?m at a Liberty Fund conference with several libertarians, I?d like to make two comments about this ideology:

1. I?m open to pragmatic but not philosophical libertarianism: If you come at me with a coherent and radical version of libertarianism, I will resist it. In contrast to libertarians, I believe that human beings may make claims on others for economic support; that some of these claims are morally obligatory; and that governments may enforce such claims through taxing and spending. I don?t see a tax as an immoral ?taking? of sacrosanct private property. This is only one place where I part company with abstract libertarian theory.

However, libertarians have also developed a whole set of pragmatic arguments to accompany their core philosophical beliefs. They say that governments tend to fail at their own explicit purposes, are often captured by special interests, and promote upward economic redistribution; and that markets work better. Libertarians often assert that these arguments must apply in all (or almost all) circumstances. They rely on fundamental theoretical reasons that derive from economics, not philosophy?for example, the idea that markets efficiently deliver what everyone demands. I think, in partial contrast, that market solutions often work in particular domains and are worth testing. In practice, this means that I am open to, and interested in, libertarian arguments that take the form, ?A market will solve problem x? (where x is something like poverty, crime, or environmental degradation). Pure philosophical libertarianism, however, says, ?We shouldn?t structure the ground rules of society in order to solve problems of this type; we should simply respect private individual liberty.? I disagree with this formulation, but that doesn?t prevent me from learning practical lessons from libertarianism.

For example, my colleague Bob Nelson is a libertarian who has argued for a long time that cities ought to grant all their zoning power to neighborhood associations. I can imagine granting such associations the right to buy garbage and sewer services on the open market; and the right to operate charter schools. Local police precincts could also be made accountable to the same associations. I suspect that in poor neighborhoods, people could do better for themselves than the city government can do for them. I?m not positive that this is a libertarian position, but whatever it is, it?s well worth a try.

2. Libertarians should be much more concerned than they are with political socialization: For well over a century, libertarian authors have been arguing eloquently for a minimal state. Yet most Americans favor Social Security and Medicare, oppose drug legalization, and are even lukewarm about the Bill of Rights. What?s gone wrong? Perhaps libertarian arguments are not compelling. (That is my own view.) Or perhaps parents and communities are raising their kids to be other than libertarians. A shelfload of books and articles by the likes of Hayek, Nozick, and Ayn Rand cannot counteract powerful socialization by millions of parents.

I mentioned an example in my last post, but let me spell it out a little more. In some metropolitan areas, there?s a stark contrast between neat, safe, prosperous private communities in which open displays of political opinion are banned, and poor, relatively high-crime urban neighborhoods in which you often see political signs and even some picketers and canvassers. There is also a contrast between fancy suburban malls?considered private property?in which canvassing and leafleting are banned, and decrepit urban streets in which you can see all kinds of political speech, including graffiti. If millions of kids grow up in communities that are wealthy but intolerant of public speech, they are likely to draw the conclusion that speech is detrimental to order and prosperity. As I wrote in my last post, this is political socialization for fascism.

Libertarians are loath to restrict private contracts, even those that voluntarily restrict speech. They have a point: we aren?t free if we cannot associate in intolerant communities. But if many people choose to ban freedom within their commonly-owned private property, then they are highly unlikely to raise libertarian kids. This is a big problem for libertarianism. Paper guarantees of freedom mean nothing if most people are against freedom.

The great libertarian economist Frank Knight wrote in 1939:

The individual cannot be the datum for the purposes of social policy, because he is largely formed by the social process, and the nature of the individual must be affected by social action. Consequently, social policy must be judged by the kind of individuals that are produced by or under it, and not merely by the type of relations which subsist among individuals taken as they stand.

Moral: if you want libertarian policies, you need “social processes” that make people libertarians, and those policies may not arise as a result of free choices by individuals “taken as they stand.” What’s more, free parents make choices that overwhelmingly shape their children, which means that there can be tradeoffs between parental liberty and the liberty of the next generation. As Knight wrote, “liberalism is more ‘familism’ than literal individualism.” But if families don’t produce children who strongly prize freedom, then liberalism and “familism” will work at cross purposes.

condos, gated communities, and shadow governments

Montr?al: I?m at a Liberty Fund conference on private neighborhood associations. The Liberty Fund is a basically libertarian foundation that organizes more than 100 small conferences a year. The participants are not all libertarians?or else I would not have been invited.

It turns out that some 50 million Americans now live in some kind of community governed by an association: a condominium, cooperative, or a planned community with a board. Often a developer subdivides some land or constructs an apartment building and sells the units with deeds that (a) impose numerous rules on the buyer; and (b) create a board or other body that can legislate further and enforce existing rules.

These are voluntary associations: you don?t have to buy a house or an apartment in any particular condo or planned community. At the same time, they act like governments, taxing, regulating and fining residents and enforcing their decisions in courts. Indeed, they are more powerful than conventional governments, which are restrained by the Constitution of the United States. Residential associations can, and actually have, banned the display of signs critical of themselves, banned the sales of certain newspapers, even banned the private possession of materials they deem pornographic. The rationale for these rules is to increase property values, although the rules may also have other purposes, benign or malevolent.

These quasi-governments raise questions of interest to libertarians and others. For example:

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a few good sites

I don’t usually list links; that seems a poor substitute for actually writing something here. However, I’m on my way to Montreal later this morning, with little time for blogging. Therefore, let me recommend …

  • The Hope Street Group’s new blog. HSG is a great organization, composed predominantly of business folks who promote policies that would offer genuine economic opportunities to all Americans. Their group blog is a new way to get involved.
  • The rejuvenated Deliberative Democracy Consortium blog. This is a group blog that has somewhat languished because its chief backers, slackers like me, are primarily interested in blogging elsewhere. However, an enterprising and smart intern, Jorge Eseteban, will post over there every day this summer, to liven things up. The DDC blog always concerns democracy, but sometimes ranges pretty far from deliberation.
  • The Innovation Center for Community & Youth Development. This organization is a great resource for anyone who wants to involve young people in serious leadership roles. The Innovation Center collects research, provides training and technical support, and has lots of tips. They are at the center of a whole movement that treats adolescents as assets instead of bundles of risks and problems. I’ve admired them for a long time, but we met face-to-face with their staff yesterday, so now seems like a good time to plug their work.