About Liberalism and Its Deterioration of Civil Rights…and Its Own Credibility

Liberals are curiously less than rapturous about a political victory only they could have accomplished: the election of Donald Trump, a living caricature straight from the pages of a satirical novel, to the country’s highest office. Liberals do count as a victory, and have for a long time, laws that authorize the wholesale removal of citizens from their homes by armed agents of the state based on what may amount to nothing more substantive than finger-pointing.

In this writer’s opinion, they’re the same victory.

Since the advent of the restraining order in the 1970s, and particularly since the enactment of the Violence Against Women Act in 1994—under the auspices of which billions of federal tax dollars have been poured into state courts and police precincts to condition how judges and law enforcement officials respond to complaints of abuse—the priority in the U.S. has been to curtail evidentiary requirements and due process rights to expediently meet political expectations, expectations inspired by liberal feminist politicking.

With typical dramatic irony, liberals today vehemently denounce immigration policies that divide family members who have entered the country illegally, that is, in plain violation of the law. Meanwhile the separation of accused citizens from their families, citizens who have not, in a majority of cases, been proven to have violated any laws, continues to quietly transpire, as it has for decades. Attorney Liz Mandarano posits that “[t]here are between 2 and 3 million temporary restraining orders issued in the United States annually,” and attorney Gregory Hession, a vocal critic of protective order laws, observes that “500,000 children are right now in the custody of the state” (“an astounding number”).

Liberals consider conservatives “dumb” yet fail to perceive that alienation of such a broad swathe of the populace could inspire contempt for their values if not a raw animal loathing for everything they represent. Liberals adduce (and Twitter-reinforce) preposterous and hackneyed theories to explain disenchantment with their positions like resistance to progress and a longing to return to the days of “patriarchy.”

The author of this post has recently examined criticisms by NYU Journalism Prof. Katie Roiphe of #MeToo feminists’ disregard for due process (for which she has been excoriated almost everywhere but in the National Review, which called her criticisms courageously commonsensical). Prof. Roiphe has similarly qualmed about the extrajudicial “rape trials” of male college students. Even she, however, seems to assume that if the merits of “abuse” complaints are decided in a courtroom, then defendants have been afforded due process of law.

The assumption is understandable but ignorant of the legal standards and the practical ones that have come to inform how civil claims of abuse are adjudicated, claims that affect the lives of millions of American citizens every year.

It’s a truism of language that the meanings of words follow usage. Applied poorly, language degrades. Rights are no different, which is something our “educated” class should already know.

On a scale our government disdains to even calculate, citizens are denied both rights and dignity, besides in many cases family, property, and liberty, in the absence of determinate evidence, which is not, in any case, heard by a jury. Liberals, who often “identify” as humanist, say they simply deplore insensitivity.

The only thing more hateful to voters than a hypocrite is a party of hypocrites who support arbitrary attacks on citizens in their own homes.

Copyright © 2018 RestrainingOrderAbuse.com

Katie Roiphe Rebukes the Trivialization of Due Process by Feminists but Is Scarcely Less Guilty of It Herself

A recent post on this blog commended NYU Journalism Prof. Katie Roiphe’s essay, “The Other Whisper Network: How Twitter feminism is bad for women,” published a few months ago in Harper’s. Certainly its observations about feminism’s “vicious energy and ugliness” are unimpeachable—and for their confrontational candor, remarkable.

It feels as if the feminist moment is, at times, providing cover for vindictiveness and personal vendettas and office politics and garden-variety disappointment, that what we think of as purely positive social change is also, for some, blood sport.

Prof. Roiphe’s reportage and commentary on America’s due process crisis, though, be they ever so laudable, are limited by classism. What Prof. Roiphe considers a “new” witch hunt has only newly spread into her social set, which includes prominent media figures like those who’ve recently been run out on a rail.

Who are the female members of the “other whisper network” who Prof. Roiphe says “fear varieties of retribution (Twitter rage, damage to their reputations, professional repercussions, and vitriol from friends) for speaking out” about “the weird energy behind [the #MeToo] movement”?

They’re her peers.

Whose due process rights, similarly, does her essay defend?

Those of her peers.

Her appreciation of the due process crisis is motivated by attacks on those who occupy high political posts, particularly in media, and who formerly enjoyed the immunity that only money and titles can confer. Her curiosity, furthermore, seems to extend little further than that.

Observations like this one are trenchant:

The need to differentiate between smaller offenses and assault is not interesting to a certain breed of Twitter feminist; it makes them impatient, suspicious. The deeper attitude toward due process is: don’t bother me with trifles!

Further symptomatic of the crisis, though, is that Prof. Roiphe’s own “deeper attitude” toward complaints by people of lesser pedigree and influence—for example, those who toil for a living and who have been the butt of outrageous “abuse” laws and their unscrupulous administration for decades and in the tens of millions—seems no different from Twitter feminists’. The path of her essay meanders some but nevertheless skirts the murky underbrush.

The social media “dialogue,” even if it were amended to meet Prof. Roiphe’s standards of decency and qualified judgment, would still be sophomoric chatter.

No less so is the one carried on among writers in the likes of The New Yorker, The Atlantic Monthly, New York Magazine—and Harper’s.

Copyright © 2018 RestrainingOrderAbuse.com

“Vicious Energy and Ugliness”: Candid Observations about the Feminist Movement by Prof. Katie Roiphe

“[V]icious energy and ugliness is there beneath the fervor of our new reckoning, adeptly disguised as exhilarating social change. It feels as if the feminist moment is, at times, providing cover for vindictiveness and personal vendettas and office politics and garden-variety disappointment, that what we think of as purely positive social change is also, for some, blood sport.”

—NYU Prof. Katie Roiphe

A preliminary, superfluous observation: Prof. Roiphe is right. The only valid criticism of her perspectives is that what she perceives as new and alarming isn’t new but only newly visible because of social media.

A recent post considered some measured criticisms of an essay of hers, “The Other Whisper Network: How Twitter feminism is bad for women,” which was published a couple of months ago in Harper’s. Jonathan Chait of New York Magazine quibbled, “Katie Roiphe Is Right About Twitter Feminism and Wrong About #MeToo.”

Underscoring the absurdity of the “dialogue,” a week before Mr. Chait said Prof. Roiphe was right about Twitter feminism, Sarah Jones of The New Republic, where Mr. Chait worked for 16 years, pronounced: “There’s no such thing as Twitter Feminism.”

Other responses, instancing dramatic irony that reinforces Prof. Roiphe’s points about mainstream feminism’s knee-jerk intolerance and conformity policing:

The reactions themselves are protracted tweets and creepily insular and incestuous. There’s no evidence their authors read anything but one another and those they consider influential blasphemers, like Prof. Roiphe, who is probably considered a gender-betrayer. The repeated reference to Prof. Roiphe’s essay as “anticipated” suggests a throng of rabid feminist meat merchants impatiently whetting their knives—in lockstep accord with Prof. Roiphe’s criticism of their leap to prejudge and their “vicious energy.”

To any sane reader, Prof. Roiphe’s essay isn’t even edgy. Consider a point like this, for instance:

[C]onnecting condescending men and rapists as part of the same wellspring of male contempt for women…renders the idea of proportion irrelevant.

Or:

The need to differentiate between smaller offenses and assault is not interesting to a certain breed of Twitter feminist; it makes them impatient, suspicious. The deeper attitude toward due process is: don’t bother me with trifles!

The scandal is that statement of the obvious is felt to be a daring act of defiance. Prof. Roiphe quotes members of a “new whisper network” who “fear varieties of retribution (Twitter rage, damage to their reputations, professional repercussions, and vitriol from friends) for speaking out” about “the weird energy behind [the #MeToo] movement.” Prof. Roiphe says:

Before the piece was even finished, let alone published, people were calling me “pro-rape,” “human scum,” a “harridan,” a “monster out of Stephen King’s ‘IT,’?” a “ghoul,” a “bitch,” and a “garbage person”—all because of a rumor that I was planning to name the creator of the so-called Shitty Media Men list.

Her piece centers around a list of professional media men alleged to be miscreants, a list that one of her “whisperers” describes as “Maoist.” The celebrity bellwethers of the #MeToo movement, who were collectively named Person of the Year by Time Magazine, were extolled as “silence breakers.” For doing the same thing unpopularly, Prof. Roiphe is derogated “scum.”

Noteworthy is the perception by a journalism professor that this sort of feminist list-making is novel when it has been the feminist m.o. for years, maybe decades. The push under the Violence Against Women Act, or VAWA (advent 1994), has been to have anyone who is accused, in civil court no less, entered into permanent public registries, even in cases if the allegations were later dismissed. (This is actually a contractually stipulated demand made of states in return for massive federal grants.) Lawmakers who have opposed renewal of VAWA have been publicly “outed” the same way.

Jonathan Chait, mentioned in the introduction to this post, besides in an earlier one, calls Prof. Roiphe’s essay “alternatingly brilliant and incoherent.” The essay is ranging, but there’s nothing incoherent about it.

Its sole fault is its assumption that only still waters run deep. Neither feminists’ “great, unmanageable anger” nor its unseen impacts are new.

Copyright © 2018 RestrainingOrderAbuse.com

*Toward the end of her essay, in a description of a conversation with a friend, Prof. Roiphe relates a reaction she had that exactly mirrors how civil court allegations of abuse are received by judges and adjudicated: “[A]s she was talking, I was completely drawn in. I found myself wanting to say something to please her. The outrage grew and expanded and exhilarated us. It was as though we weren’t talking about [an alleged abuser] anymore, we were talking about all the things we have ever been angry about…. I felt as though I were joining a club, felt a warming sense of social justice, felt that this was a weighty, important thing we were engaging in.” This response, which Prof. Roiphe says caused her to feel remorseful afterwards, is the same one that has been drilled into judges for decades thanks to feminist politicking. Why it requires a blogger to make such a connection is baffling.

New York Magazine Writer Jonathan Chait Says “the Feminist Police Haven’t Gotten Around Yet to Tormenting the Innocent”

The absurd quotation in the title of this post comes from a critique of an essay of Katie Roiphe’s published in Harper’s last month, which New York Magazine writer Jonathan Chait calls “alternatingly brilliant and incoherent.” Whatever the merits of that characterization (which will be considered in a future post), it could certainly be applied to Mr. Chait’s lopsided and out-of-touch perspectives.

[Roiphe’s] complaint about the tenor of discussion, and the way in which angry and extreme rhetoric crowds out more nuanced thought, has some merit. Social media has made this dynamic more acute—not only in feminism but across the political culture, which has grown more polarized into communities in which the most strident iteration of the community’s shared belief is assumed to be the most authentic.

A self-contradictory implication of what Mr. Chait noncommittally acknowledges as a valid criticism of extremist feminist rhetoric is that by influencing the political—and thus legal—culture, the feminist police have gotten around to tormenting the innocent. Actually, they got around to that a long time ago.

Mr. Chait fails to recognize that among the “feminist police” are the police, the ones with badges and truncheons and guns. Judges also qualify.

What would the world look like if the kinds of militant, uncompromising views Roiphe is grappling with had controlling power?” he naively wonders. Well, it might look something like this:

That’s the title of a law journal monograph by Russ Bleemer published almost 25 years ago—whose subject was not then localized to a particular state and definitely is not today. It pointed up gross injustices in procedures that had been instituted in the 1970s with the best of intentions.

Many a revolution has started off persecuting only the wicked, only to veer off track later. Perhaps the troubling signs Roiphe detects are portents of a dark future.

Mr. Chait’s conclusion would be less speculative if he took his nose out of the The Atlantic Monthly and The New Yorker and opened his blinds.

Copyright © 2018 RestrainingOrderAbuse.com

*The concern of Mr. Chait’s article is to defend the #MeToo movement, whose revelations condense to “power corrupts.” Mr. Chait seems to feel that a corruptive influence by radical feminism is only an ominous possibility yet to be realized—which is a view that was last excusable in about…