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Lawrence Lessig

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Something More Than Polarization

Posted: 10/25/11 12:00 PM ET

At the end of September, I helped organize a conference at Harvard about the idea of calling a(n Article V) constitutional convention. The event was co-hosted by the Tea Party Patriots. And although that organization has not endorsed a convention, there are many conservatives and libertarians who do support such a call. The conference was designed to explore the possibility, and to demonstrate that people from the Left (my friends) and that people from the Right (the Tea Party Patriots, and some of my friends) could discuss these issues like decent souls do.

At the opening session, Tea Party Patriot co-founder Mark Meckler gave by far the most impressive speech of the event. In it, he condemned the business model of hate. "The politicians profit," Meckler told us, "when we are inflamed against each other." It was an inspiring charge to launch our two day conference, and it set the tone for an extraordinary and productive weekend.

Dial forward one month: A few days ago I received an email from the Tea Party Patriots. The aim of the missive was to insist that the #Occupy movement was not the Tea Party. The #Occupiers, the letter stated, were "America-hating anarchists who want to take their anger out on ordinary, productive citizens." And then immediately after that charge, the letter had a link in bold: "Please make an urgent online contribution of $15, $20, $25, $50, $100 or whatever you can afford to Tea Party Patriots right away."

This same dynamic happens the other way round.

On Saturday I was wandering through the #OccupySeattle protest. I checked my email, and someone had forwarded a link to a tweet about a speech at the #OccupyChicago event. David Zirin, a writer for the wonderful, and left-wing, The Nation (and sometimes, for HuffPo), was leading a teach-in. He was also leading the audience in a chorus of boos about an idea that I had advanced at a teach-in at #OccupyKSt earlier that week. The tweet quoted Zirin saying "I can tell by your boos you agree with me that that's horseshit." Shortly afterwards, there were echos in the twitter-verse about my "dumb idea."

Here was my "dumb idea": At the @OccupyKSt teach-in, I told the audience that they should hold firm to their liberal views. That I did not believe in compromising one's values. That liberals had compromised enough.

But that if the #Occupy movements are to have any long term effect, they need to recognize the diversity that is this Nation, and to reach out to others whose beliefs they don't share. That the movement needs to find the common ground between the populists on the Right and the populists on the Left. And that in that common ground lies the only potential for real reform. "You may or may not believe in capitalism," I told the #Occupiers, "but no one believes in crony capitalism, and crony capitalism is precisely the corruption that is our Congress." So build two lists of demands, I said later at that event: One of what "We believe." One of what "We ALL believe." And let that second list then found a movement that will restore this Republic.

That was my "horseshit," as Zirin tagged it. And as he tweeted me in a followup, "Given the Tea Party's politics, I don't think you can have it both ways."

"I'm not having 'it' both ways," I responded. "There are two 'its.'" And "If you can't rec[ognize the] diversity of US, [you are] not US."

"If you champion tea party alliances," Zirin retorted, with the almost irresistible snarkiness of Twitter, "don't be surprised if theres no US. Just 'you.'"

I'm a fan of The Nation. I wish more people would read it. And better, subscribe to it. I hope it succeeds in seeding the spread of activism on the Left. I hope we on the Left can once again find the courage to call ourselves "Liberals" and be proud of it. The Nation is a constant argument for that courage.

But I increasingly think that we all -- on the Left and the Right -- need to carry around two hats. One hat should say, "Working for my side." The other should say, "Working for U.S." Both vocations are noble and fair. But they are different. It is completely legitimate for the Tea Party to rally its troops. It is the nature of modern organizing that you rally to raise money. But rallying Americans to the Right is different from rallying Americans to fix the corruption that is this government: one speaks to some of us; the other speaks to all of us. And if anyone in the Tea Party movement believes their values or ideas are going to get 80% of Americans to unite, they're deluded, or worse.

The same is true on the Left. I love the #Occupy rallies. I wish we on the Left had more of their energy to get our side off the couch and to the polls. I wish we had 10,000 teach-ins across the Nation, in living rooms as well as with #occupiers. But if some on our side think that a rhetoric rejecting free markets and demanding socialized banks (in the Left wing version of socialized, not the crony-capitalist version -- socialized risk, privatized benefit -- that they enjoy now) is going to get 80% of Americans to unite, then they are deluded or worse.

We Americans are diverse. We have different views. Some of us want more government. Some of us want less. Some think the state has done enough to achieve equality. Some think it's not begun to do its job. Some want flat taxes. Or no taxes. Some want progressive taxes. Or at least more taxes. We are different in a million ways, we Americans, but we are all equally Americans. And if you're leading a movement that won't acknowledge that difference (or more frighteningly, that believes that mere rhetoric is going to erase that difference), then you're not looking for fundamental reform. You're looking for a putsch.

This Nation needs fundamental reform. For that, our constitution requires 75% of states to agree. Thus, if we want real change, we must find those ideas upon which 75% of states can actually agree.

The challenge for all of us is whether despite our differences, there are those ideas. Whether there is common ground enough to bring about real change.

That is the question I care most about right now: finding common ground. It may not be there, but I believe it is. I've built organizations, mobilized thousands of volunteers, given hundreds of lectures, and now written a book to argue that it is. But regardless of whether there is, when I or others try to find it, or motivate people to find it, or to talk about it, or to dream for it, we're doing something different from what we do when we wear the "Working for my side" hat. Something different. And IMHO, right now, something critical and important.

So I get the need for the Tea Party to practice the politics of division. No movement does anything more. But the hard question now is whether we can also play the politics of "e pluribus unum." At Harvard, Meckler told us that the Tea Partiers "are not racists. They are not homophobes. They are your fellow citizens." That is no doubt correct -- even if there are individuals in that movement who are what the movement is not. But I've seen the #Occupiers, in now at least three cities. The same must be said of them: They are not "America-hating anarchists" -- even if there are anarchists among them. "They are our fellow citizens."

And I get the need to rally souls, as Zirin did, to address the important "issues of race, sexism, LGBT." But it can't be "horseshit," can it?, to also ask us to practice another great liberal value -- tolerance -- at least enough to talk about an alliance with those with whom we disagree. It can't be betrayal to ask whether despite our having few common ends, we might indeed have a common enemy.

Almost 225 years ago, seventy-four men huddled in a stuffy hall in Philadelphia. They met in secret and did much more than was planned when their meeting was called: they crafted a new constitution. Our constitution.

We today think of those 74 delegates as all the same: white men, who dressed the same, all coming from essentially the same class. But they were very different. There were men in that room who believed in slavery. There were men in that room who believed slavery was the moral abomination of their time.

Yet they bracketed those differences long enough to craft a Republic within which differences could be worked out. It took too long to get to the right answer about slavery. But there was ground enough in their new government to work through differences enough to save this nation.

Whatever the differences are between the Tea Party and the #occupiers, they are not as profound or as important as the difference between slave holders and abolitionists. And whatever the challenges we face today, they are not as great or difficult as the challenge of crafting a whole new form of government.

We need the courage to practice what they did. We need to put aside the business model of hate, and focus on the common ground of possibility. Americans, whether Left or Right, have lost faith in this government. Americans, whether Left or Right, believe this Congress is bought. We need a movement that can say, "whatever else we might disagree about, we all agree that this corruption must end."

For we can't afford to simply indulge the passion of our differences. Not anymore. The challenges we face as a Nation are just too great. It is time for us to practice a politics that doesn't fit the business model of Fox v. MSNBC, of The Nation v. National Review, of the Tea Party v. the gaggle of Left-leaning organizations that would claim the #Occupiers. It might not pay, it might not drive ad revenues, it might not rally members: but sometimes those goals are just not the most important.

 
 
 

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HUFFPOST SUPER USER
ndem
06:46 AM on 11/09/2011
So why did I feel after years of being extremely politically active, that I had to first move away from my home state of Texas to Seattle then on to Europe to actually give my child something even remotely similar to the childhood I had in Houston in the 70s? People were tolerant and public schools were great and experimented with open new ideas...
I loved America...I had so much hope for a better future with Obama...but I do not recognize America anymore. Tea Party folks do not seem open tolerant or even willing to give Obama a chance...so why should I listen to them as they want to undermine my democratically elected President?
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09:29 PM on 10/30/2011
Probably the only thing that 75% of Americans can agree on at this point is that we need to be two countries.
HUFFPOST SUPER USER
MassWG
06:12 PM on 10/30/2011
A great piece, Mr. Lessig, and I wish you would do something more (I know you did a piece this summer) to let your readers know that Buddy Roemer is the only candidate talking this way. He is a Republican whose positions on campaign finance and trade are more progressive than many progressives! It is clear he will get no support from the establishment right. Why don't you and others on the left talk him up? It's not like he has a chance to win, but you all can help give him a chance to be part of the conversation.
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Michael Sandy
05:40 PM on 10/30/2011
Until Occupy Wall Street has met the Tea Party on the battlefield of elections and bloodied its nose, the Tea Party in general is not going to recognize OWP as a force it has to deal with.

I do agree with the author that OWP should seek common ground with the Tea Party, but it should do so from a position of political strength. After beating the Tea Party in 2012, OWP should welcome those members of the Tea Party that genuinely hope for political reform, (as distinct from those who joined the Tea Party as a means to bash Obama).
04:19 PM on 10/30/2011
The only way to bring fascism is to put one groups of the people against the other. In order to start this fight among us of course some Tea Party group with extremist view were injected into the peaceful Tea party group. So perhaps in order to get our democracy stand on its feet once again, it is common sense that all American people unite on this. Democracy should be non negotiable and no compromises this should be what unifies us and this should be the number one priority.
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HUFFPOST PUNDIT
MikeDu
Both salubrious and lugubrious concurrently.
04:07 PM on 10/30/2011
Anybody recall Obama's negotiation's with the right over the past year? They refused to take 'yes' for an answer. Whenever he'd compromise to get a deal they'd immediately reneg on on the deal, then laugh about having cheated him. Does anyone even recall what it was Obama agreed to in exchange for extending the Bush tax cut for? There is no 'middle ground' when one side moves their definition of 'middle' all the way to the nihilist fringe right side of the debate. "Either allow us to destroy the government or we will destroy the government!" How do you negotiate with that threat?
03:21 PM on 10/30/2011
LL-- I've had this argument with a friend of mine, a self-described moderate (and it sounds like you are in this tradition), for years. He claims that we must only introduce moderate changes, though it means vastly reducing our demands; anything else is politically unfeasible, and won't happen. Compromise.
I don't necessarily agree. Mother Earth doesn't compromise, If we surpass her limits, we could all die. it doesn't matter if the solution is extreme or not, because it is a necessity. The massive economic inequality that we have created is unsustainable, and is the dominant feature in a society that is destroying the earth. Until we reduce the inequality, there is no hope for the planet, let alone the human race.
That said, there is nothing wrong with working with people to the extent that you agree with them. But one cannot go about offering compromises that defeat your goals simply to find common ground (as the Democratic Party does). When you find a point of agreement, thank each other, but don't congratulate yourself-- certainly don't declare it finished-- quite the opposite-- it is likely a very small step-- go right back to work.
NoRhymeOrReason
Teach your children well...
03:08 PM on 10/30/2011
Like a peanut, it is not the two sides of the nut that are the growing part of the seed. But, it is the germ, the little bitter tasting part, that becomes the new plant. The bulk of the peanut is like the Tea Party and the #Occupy movements. They are the food for the growth. But it is the germ that is where the real growth will occur.

It is futile to side with the Tea Party or the #Occupy movements. There will be no progress there. Only from the center can growth occur. We must create a movement from the rationality and logic of a centrist mindset. Then, we might be able to convince the extreme mindsets of the potential of logic and rationality. Otherwise we will only see the continuence of extremism.
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beerbagger
12-pack of genius
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HUFFPOST SUPER USER
masreality
Author of "Misconceptions and realities of life"
01:42 PM on 10/30/2011
The stumbling block in the path of this nation's progress are the republicans in congress.Our president is ready to deliver the speech he have rehearsed several times. Time is running out as the troops are on there way home. The fact of the matter is there is no way they can win in 12 so release the funds and plan for 16. http://www.lifedirections4u.com
11:22 AM on 10/30/2011
I shudder to think that it may be too late for peaceful reconciliation by conciliators like Prof. Lessig--with whom I totally agree about the horrible corruption and need for a constitutional amendment. The anxiety I have comes from how that amendment can ever have any chance of being enacted into law?? Maybe "eventually," as people might hope, but again, back to "too late," the longer the time frame for such a solution, the less likely it will happen, in my opinion. Woody Allen paraphrased Teddy Roosevelt at one point-- it's all well and good to have a nice talk, but it's also good to have a big baseball bat. But maybe Prof. Lessig is talking about what I believe in the MLK method, agreeing with Ghandi--passive resistance from larger and larger groups of united people is an active "force" necessary to counter the seemingly unmovable entrenchment of the corrupted. So, it's good to conciliate to get the numbers of people united (thwarting the divide and conquer), but to *fight* relentlessly and with determination and courage, given the possibly inevitable violence in retaliation. Not ruthless but relentless.
05:13 AM on 10/30/2011
“Divide and conquer” is an ancient principle which, sad to say, is highly effective. It is this as much as intimidation that keeps tyrants in power. When the people become united, tyranny falls. In our own society, there are those who profit in a variety of ways by promoting polarization, at the expense of the many. I had hoped that Obama would turn the spotlight onto shared problems and shareable solutions, but his strategy has been more one (with varying commitments) of throwing some kind of bone to everyone. That does not actually promote unity.

Yet I think the best chance to regain traction is to keep an emphasis on issues that will attract broad support. Neither the President nor the Congress is popular at this point. The voice needs to come from elsewhere.
01:23 PM on 10/26/2011
It is not that each side WANTS to work TOGETHER. It's that they MUST work together on this single point - our election system has been hijacked and the way to fix it is for all sides of We The People, to come together. If we manage to accomplish this, we will have given future generations a great gift. If we fail, we will continue our mutual collapse.

After we reform elections, we can all go back to fighting over policy and party. Fine.

Btw, if our reforms are complete, we will not have the same incentives to fight anyhow. Today, our differences are fostered for political gain and we are unwitting victims.

Left and Right are The People and we have allowed our elections to be hijacked by money and corruption. This is our shared duty to repair. ~TBR
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MissinAmerica
Is that true, or did you hear it on Fox?
06:31 AM on 10/30/2011
Agreed 100%. Fan #1
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fairwitness
Avid Ignoramian
11:35 AM on 10/26/2011
Unfortunately, "common ground" is not sacred ground. And inconveniently for "common ground" fetishists, sometimes The True and The Good lie on one side of a divide and no appeal to "common ground" will magically change that. There are always liars and scoundrels and worse, all claiming to be righteous and magnanimous, having only the good of the country at heart while actively destroying it. If Obama has proven nothing else, he has demonstrated that one (political) side has rejected "common ground"--if the other stands there anyway, it has left it's home in favor of a temporary, vulnerable exposure to the other's willful malice. Not a promising future in that.

"A man with one foot on a hot stove and the other on an block of ice is, on average, comfortable" -- and the same kind of fallacy can apply to "common ground"--it is not "better", it is merely "between"--and given the nature of the other side, it is effectively surrender to the malicious and poisonous selfishness of a tribe of willfully ignorant, deliberately mendacious, aggressive and inhumane usurpers seeking domination and control. Not much future in that, either.
11:32 AM on 10/30/2011
Excellent commentary. I commented here, too, about how to face ruthlessness. Your analysis is a brilliant response to the nice conciliators like Prof. Lessig. He has a point about seeing how people can be talked into uniting, so at least to thwart the "divide-and-conquer" tactics of those usurpers. The next step is to address what I think is your point. It will take a huge fight of some kind (not ruthless but relentless) that will probably involved retaliatory violence (as happened recently in Oakland). I think MLK accepted the violence, as he meant in his "I have a dream" speech--sadly having to accept while realizing that the "common ground" approach is good and maybe even necessary but not nearly enough. :(
HUFFPOST SUPER USER
Mark Knudsen
01:01 PM on 10/30/2011
I read your wonderful analysis...word perfect...not a flaw in your thinking for both of the above commentary's..but as I look out the window..nor one lief fell off the trees..that is how much impact it had on the world and our problems.... words with out action from all of us are worth just about what they cost...the road to hell is paved with good intentions ... an yet when some one does try to change..we are quick to point out the should have not dones of their actions....jezz damned if you do an damned if you don't...the old viking
11:42 AM on 10/30/2011
Incidentally, Dante's fourth circle of hell is reserved for the greedy. And, as the condemned push large money bags around, they are "so absorbed in their activity that Virgil tells Dante that it would be pointless to try to speak to them – indeed, they have lost their individuality, and been rendered "unrecognizable"[19] (Canto VII). (Wikipedia, search: circle of hell Dante)
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RacerX
E pluribus unum
10:09 AM on 10/26/2011
"So build two lists of demands, I said later at that event: One of what "We believe." One of what "We ALL believe." And let that second list then found a movement that will restore this Republic. "

I would have found this article much more effective if Lessig would have shared his lists.