| Contents | Idaho Librarian |
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DISSENT |
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| The following is a speech given by Mr. John Frohnmayer at the Idaho Library Association conference on October 2, 2003. Mr. Frohnmayer currently practices law in Bozeman, Montana. He served as chair of the National Endowment for the Arts from 1989 until 1992. He has published two books: Leaving Town Alive: Confessions of an Art Warrior (Houghton Mifflin, 1993) which is an account of his tenure at the NEA; and Out of Tune: Listening to the First Amendment (North American Press, 1995) which has been described as a "primer in citizenship" and "a refresher course in the First Amendment for anyone who has a stake in democracy." The Idaho Librarian thanks Mr. Frohnmayer for permission to print this version of his address. |
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U.S.
Attorney General John Ashcroft was visiting an elementary school. After
15 minutes speaking, he said, “I will now answer any questions you
have.” Bobby stood up and said: "I have four questions: How did
Bush win the election with fewer votes than Gore? Why haven't you caught Osama Bin Laden? Why are you using the USA Patriot Act to limit civil
liberties? and where are the weapons of mass destruction in Iraq?”
Just then the bell went off and the kids rushed out to play. Upon
returning, Mr. Ashcroft said: “1 am sorry we were interrupted.
I will now answer any questions you have." Julie stood up
and said: “I have six questions: How did Bush win the election with
fewer votes than Gore? Why
haven't you caught Osama Bin Laden?
Why are you using the USA Patriot Act to limit civil liberties?
Where are the weapons of mass destruction in Iraq? Why did the bell ring
twenty minutes early? and where is Bobby?" Dissent
brings us face to face with the primary tension in American government:
The conflict between freedom and order. Every generation struggles to
find a balance and ours has tipped - precariously I believe - toward the
order side. The USA Patriot Act is one, but by no means the only,
example. Anatomy of a Democratic Society The
elevation of dissent to a protected right is what distinguishes American
Democracy from all other forms of government, That is why it is so
insidious for cheerleaders for the Bush Administration (here I am
talking about the Texas Representative, Tom DeLay) to label criticism of
the administration's policies in Iraq as “hate speech.” To
understand the place of dissent, we must examine our historical roots.
American government has both a political and an ethical component. This
comes as a huge shock for most of us, since politics is the only part we
typically recognize. The
Declaration of Independence is our primary ethical document with its
emphasis on liberty, equality and self-fulfillment and it is from this
ethical basis that government springs, for the Declaration says that
these “unalienable” rights precede any government and that if the
government is not protecting them, it is both the right and duty of the
people to overthrow that government. That's
radical stuff. That American government is meant to preserve the ethical
principles of the Declaration of Independence is seen in the five
protections of the First Amendment: religion, speech, press, assembly
and petition. These are the
protections from the government. That’s American Culture. Maybe
you've seen the bumper sticker: “Support bacteria, it's the only
culture some people have.” So, the unequivocal beginning of the First
Amendment, “Congress shall make no law. . . .” means that our
spirituality, our intellectual activity, our communication, our
association with each other and our right to criticize the government
are all beyond the reach of the government's power. Our means of
achieving an ethical life is protected and honored by keeping the heavy
hand of government at bay. Memorize
the First Amendment. Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a
redress of grievances. Our
government is filled with tensions because the underlying view of human
nature is that it is brutish and self-serving.
In Federalist 10, James Madison talks about fractiousness
of people - people so anxious to contend with each other that if a
dispute doesn't exist, they will concoct one. To deal with the scruffy
nature of humanity, American government has multiple tensions built into
its architecture: the separation of powers among legislative, executive
and judicial branches; the provision in Article VI of the Constitution
that the laws of the United Stares shall be the supreme law of the land
compared with the Tenth Amendment that says that the powers not
delegated to the United States are reserved to the states or to the
people; civilian control of the military; the two house Congress; and
the Republican form of government, where one person must represent many
factions. As Woody Allen
puts it: “The lion may lie down with the calf, but the calf won't get
much sleep.” But
nowhere in the Constitution is there a grant of power to overthrow the
government and in this sense the Declaration of Independence and the
Constitution conflict. The Constitution, in Article III, §3, clause 1,
defines “treason” as: “Levying war against the states or adhering
to their enemies giving them aid and comfort.” There
is a right to amend - that is all Article V is about - but the
Constitution doesn’t give a right to overthrow – it does not provide
for its own destruction; rather it is the supreme law of the land. So
dissent, as I am using it here, is not against the legitimacy of
government but against those who are in charge of government, and
their policies. I
start with these
reflections
on the nature of American government for two reasons: first, we almost
never think about the ethical roots of our government and how much the
framers' view of human kind dictated its unwieldy and frustrating
structure: and second, we have to teach and protect dissent -
particularly in time of war or conflict. Teaching
in a democratic society (and I believe that is the enterprise that all
of you involved with libraries are in), requires instilling habits of
the mind - intellectual toughness rather than dogma, although dogma is
always in high demand. People today do not want to think. They want the
answer, or as William Safire put it, "Is sloppiness in speech
caused by ignorance or apathy? I don't know and I don't care.” Education
in a Democratic Society Education
is not specifically mentioned in the Constitution although it is
implicit in a system in which the people own the government.
Intelligent choices require a citizenry educated in politics,
economics, arts, science and history. Yet, there are as many tensions in education as there are in Democracy itself: a)
Can we teach necessary societal values such as tolerance, fairness and
inclusion and, at the same time, teach the value of dissent? b)
Can we teach both the knowledge of facts and an appreciation of
ambiguity? c)
Can we teach the necessity for both involvement and self-sufficiency? d)
Can we comfort the afflicted and afflict the comfortable? e)
Can we open vistas and aid in the rejection of unsound options? f) Can we allow knowledge to alter what we seek as well as what we find? In
short. can we appreciate the words of the great jurist, Learned Hand:
“The spirit of liberty is a spirit that is not too certain it is
right. Impediments to Teaching All of this is a prelude to the actual business of
disseminating information - of teaching. But let me just list some other current
impediments. There are seven of them. 1.
We have blurred the distinction between law and ethics. We ask the law
to do too much. Bertrand Russell said that most savage conflicts are
those about which there is no good evidence -- prohibition; abortion;
public prayer. 2.
We have lost our appreciation for dissent. One of the few noble
congressional debates in recent memory was whether to send troops to the
Gulf War. Once the debate was over and the war won, several members,
including Congressman Rohrabacher from California, demanded that those
who opposed the war on the floor of Congress apologize. How infantile.
Democracy welcomes, requires and honors opposing views. 3.
Next, we live in an era of fungible facts. Shortly before his death, I
heard scientist Carl Sagan speak to an overflow crowd in Oregon. He was
recounting the dangers to our environment, principle among them, the
depletion of the ozone layer. During the question period a young man
asked whether volcanoes didn't cause ozone in the atmosphere. Sagan
paused, looked at him and asked, “Have you been listening to Rush
Limbaugh?” He had. Sagan
then ticked off half-a-dozen scientific reasons why volcanic material
stays in the troposphere and the depletion is above an impervious layer
in the ionosphere and so forth… The
lesson is that today we are entitled not only to our own opinions, but
to our own set of facts. The writer Dorothy Sayers reminds us that facts
are like cows; if you look them in the face long enough, they run away.
A recent Harpers Index reports that 12% of Americans believe that Joan of Arc
was Noah's wife. 4.
The decay of trust in our society is apparent. We do not trust
our politicians, each other, or other races. Parents don't trust
teachers, teachers don't trust the students, employees don't trust
management and visa versa; and according to a recent study, two-thirds
of us don't trust anybody. The root word of trust and trestle is the
same. It is the desire to be connected that leads to the leap of faith
required for trust. And disputes can be put gently. The famous Operatic
composer, Rossini, was heard to say as he left the opera house: “You
can't judge Wagner's Lohengrin on just one nearing and I, for
one, never intend to hear it again.” 5.
The systematic elimination of art from the curriculum has led to
multiple problems in education. Art supplies the metaphor that helps us
to deal with complexity, ambiguity, paradox and mistake. You know from
your experience at work every day that education that simply tries to
reduce knowledge to formulas and life to rules is bound to be
constipated. For example: history alone is simply facts and dates. Its
meaningful lessons are often spiritual or metaphorical. Vietnam doesn't
mean that we never fight another war, and the United Nations doesn't
mean we have changed human nature. What art does is to help us render
knowledge useful. In asking questions, it reveals unarticulated truths
about ourselves and about the human condition. This isn't just a
commercial for the value of art. It is a confession that humans are
wonderful, complex and unpredictable beings whom the no-frills,
straight-ahead literalness of the censor cannot accommodate. There is an
old Russian proverb that says: “We must help the talented, the
untalented will make it on their own.” 6. We have, for the sake of being politically
correct, non-offensive or meekly flaccid, bleached the intensity and
directness from our language. We are too timid to speak frankly. We have
forgotten that offense is inevitable and necessary if we are to express
ourselves. Hear the words of Carl Sandburg: “Look out how you use
proud words. When you let proud words go it is hard to call them back.
They wear long boots, hard boots.” 7. Most important, we have elevated order over freedom. Freedom is imprecise, messy and frustrating, but it is the only means by which we can fully follow our mind's path on any exploration. And that is what the First Amendment is all about. Ethics and Answers Process
is the engine of democracy. Process establishes equal rights. Process
allows us to both speak and listen. Process requires fair and obvious
procedures. Process recognizes commonality. Process protects access to
information and allows individual choice.
The two fountainheads of process in American government are the
First Amendment
through
its guarantees of speech, press, petition and assembly, and the
Fourteenth Amendment in its recognition of equal protection and due
process of Laws. The Fourteenth Amendment makes the First Amendment
applicable to the states and every governmental entity including public
schools. The willingness of each of us, as citizens, to give
these rights to each other depends upon our understanding of, and
commitment, to the ethical foundations of our country.
Twice in times of great crisis our leaders have urged us to
return to these great ethical principles. I am thinking of Lincoln at
Gettysburg and Martin Luther King, Jr. from the Birmingham jail. When
Lincoln traveled to dedicate part of the Gettysburg battlefield as a
National cemetery in 1863, there was no assurance that the Union would
prevail. Lee's retreat was temporary; his string of victories almost
unabated. Instead of simply urging on the troops, Lincoln remembered the
fundamental principles upon which our Union was based.
After
all, four score and seven years subtracted from 1863 is 1776: the year
of the Declaration of Independence. The Union that was worth preserving
was the one “conceived in liberty, and dedicated to the proposition
that all men are created equal.” Likewise, Martin Luther King, Jr., just 100 years
later, was articulating why the greatest respect for the law meant
disobeying an unjust law, that is, one not applicable to all or that was
imposed upon those who had no part in making it. King said that
injustice anywhere was a threat to justice everywhere. Both King and Lincoln were stressing our interconnectedness. Their message required the trust, or trestle, that links us each to the other. Their message compels the belief that in American government, ethics and politics spring from the same philosophical root. If
I Were King So then, in this context of American politics and
ethics, what would I be looking for to teach our citizens about the
power and importance of dissent? 1)
Do the citizens ask why? “Why”
is the prototypical American question – it is the search 2)
Do they look within themselves and to each other for knowledge;
have they acknowledged the 3)
Do
they recognize the connection between education and civic
responsibility? Do they own the 4)
Is
compassion and inter-reliance apparent among them? 5)
Can
they write and speak to articulate their arguments and defend their
choices? 6)
Is
reliance on process apparent? 7)
Are
they aware of ambiguity? Paul
Tillich, the great 20th century theologian, said: “The
awareness 8)
Do they feel safe enough to express a contrary view? 9)
Do
they take intellectual risks? 10)
Do
they exhibit passion for ideas? Citizens with these habits will not develop the
closed and armored mind of the bigot or the sunshine patriot. They will know, because they will want to know. Keeping Your Job A library administrator, a college administration
or a city counsel (regardless of whom you report to) has an equivalent
position to a politician. She
or he answers to parents, to the school trustees, to the community, to
donors, to voters. The
ambiguities that you are teaching, the willingness to question, the
latent insurrection you promote – all democratic and ethical tools –
are likely to be misunderstood or hostilely received.
And with the disclaimer that you are hearing this from someone
who was, himself, fired, let me make just a few suggestions. First, the nudging of citizens toward intellectual
toughness and discipline of the mind will be better received if you
invite writers from your local newspaper, school trustees and parents to
visit your library frequently. Nothing persuades about the value of education more readily
that the electric enthusiasm a good educator generates. Allies outside
the library itself are invaluable. Second. teaching of the kind that I value will deal
with controversial subjects head-on. But preparation for the controversy
can ease its sting, Every seasoned teacher knows about setting the
context, exploring the different and contradicting views and inviting
dia1ogue as preparation for difficult and controversia1 subjects. Next, we all must decide, in libraries or any other
endeavor, what are the resigning issues. The conscience is only captive
if it is unwilling to liberate itself. Finally, as my brother who is a professional
singer, says: "If you believe your good reviews, you have to
believe your bad ones, too," The only evaluation that makes any
difference at all is our own. I leave you with the words of the American poet Sam
Hazo*:
I wish you what I wish
myself; hard questions
and the nights to answer them,
the grace of disappointment
and the right to seem the fool
for justice. That’s
enough.
Cowards might ask for more,
heroes have died for less. *Sam Hazo, excerpted from “To a Commencement of
Scoundrels.” The Holy Surprise of Right Now, University of Arkansas Press, 1996,
pp. 22-23.
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