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Culture War Roundup for the week of August 7, 2023

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Quite a number of these sorts of CW issues, especially in Florida recently, seem to take the form of partisans from one side intentionally taking uncharitable readings of (admittedly often vague) laws enacted by the other side's lawmakers.

Legislature bans sexual content in elementary school libraries? Better make sure we clear out the most milquetoast books fitting that description and shout about how they're banning books. They aren't necessarily wrong about how the content limits are to be enforced (doubly so since they'd be the ones to blame if the content was found objectionable), but at the same time I think most reasonable people would agree that the collected works of Hugo finalist Chuck Tingle aren't appropriate for elementary school libraries.

Unfortunately I'm not aware of a better answer than more explicitly (heh) codifying exactly what is and is not allowed. But at the same time there is a reason for the "I know it when I see it" standard: it's not clear that sharp lines can be drawn at all.

This is the good old malicious compliance technique. You want to cut our budgets? We will find the program working with most sympathetic, most photogenic and most poor orphans and start cuts there, while crying "oh why you hate orphans so much!". You want to regulate our content? We find the most innocent content and maliciously misunderstand the rules to ban it, then go and complain to the local press. You want to inspect our programs? We'll ask you to sign off on every typo fix in every booklet, and then complain you're blocking us from fixing typoes because you hate education and want the students to be illiterate. And so on. It's a war, after all, even if just a culture war.

Unfortunately I'm not aware of a better answer than more explicitly (heh) codifying exactly what is and is not allowed. But at the same time there is a reason for the "I know it when I see it" standard: it's not clear that sharp lines can be drawn at all.

This is a particularly astute comparison given that extant "obscenity" laws are only constitutional (if at all) based on a "community standards" approach. I have a vague memory of a case where someone (in Utah maybe?) was charged with obscenity and beat the charge by showing evidence that people in the community watched more porn than they cared to publicly admit. Post-Ashcroft, obscenity laws are what remain to regulate stuff like computer-generated or hand-drawn pornography that people wish was illegal, but is in many contexts protected by the First Amendment.

The alternative to explicitly codifying everything down to the letter, is to have a homogeneous community culture (or, perhaps, to have such a radically heterogeneous culture that no single group's values ever meaningfully interfere with the others). What we have in the U.S. today is, I think, increasingly just two cultures, violently competing for the upper hand. Each of these cultures is cheerfully authoritarian, with little inclination toward compromise (and, maybe, less such inclination with each passing day). Without recognizable "community standards" to govern these things, indeed with substantial numbers of people being directly contrarian about the very existence of community standards, I'm not sure that even explicit codification will suffice as a solution.