january/february 2012

America is awash in ugly, hateful speech. White nationalists march defiantly, and their slogans are echoed in murderous rampages. Government officials revel in disparaging the very people they patrol. Many people—and I’m one of them—argue that the president’s rhetoric encourages this grotesque and shameful state of affairs even as he nominally condemns it. This has all led to more discussion about free speech and its limits.

What speech should be protected by the First Amendment is open to debate. Americans can, and should, argue about what the law ought to be. That’s what free people do. But while we’re all entitled to our own opinions, we’re not entitled to our own facts, even in 2019. In fact, the First Amendment is broad, robust, aggressively and consistently protected by the Supreme Court, and not subject to the many exceptions and qualifications that commentators seek to graft upon it. The majority of contemptible, bigoted speech is protected.    

Through the 2016 campaign, I posted a series called “Trump Time Capsule” in this space. The idea was to record, in real time, what was known about Donald Trump’s fitness for office—and to do so not when people were looking back on our era but while the Republican Party was deciding whether to line up behind him and voters were preparing to make their choice.

The series reached 152 installments by election day. I argued that even then there was no doubt of Trump’s mental, emotional, civic, and ethical unfitness for national leadership. If you’re hazy on the details, the series is (once again) here.

That background has equipped me to view Trump’s performance in office as consistently shocking but rarely surprising. He lied on the campaign trail, and he lies in office. He insulted women, minorities, “the other” as a candidate, and he does it as a president. He led “lock her up!” cheers at the Republican National Convention and he smiles at “send them back!” cheers now. He did not know how the “nuclear triad” worked then, and he does not know how tariffs work now. He flared at perceived personal slights when they came from Senator John McCain, and he does so when they come from the Prime Minister of Denmark. He is who he was.

Yesterday, President Donald Trump canceled a meeting with the new Danish prime minister, Mette Frederiksen, because she refuses to discuss the sale of Greenland. Greenland used to be a Danish colony but now belongs to the people of Greenland—the Danish government could not sell the island even if it wanted to. Trump likely did not know that Denmark is one of America’s most reliable allies. Danish troops, for example, fought alongside U.S. forces in Iraq and Afghanistan and suffered 50 fatalities, and Danish forces were among the earliest to join the fight against the Islamic State.

Many Americans may laugh off Trump’s latest outrage, but Trump crossed an important line. It is one thing to float a cockamamie idea that no one believes is serious or will go anywhere. “Let’s buy Greenland!” Yes, very funny. A good distraction from the economy, the failure to deal with white supremacy, White House staff problems, or whatever is the news of the day. It is quite another to use leverage and impose costs on Denmark in pursuit of that goal—and make no mistake, canceling a presidential visit is using leverage and imposing costs. What’s next, refusing to exempt Denmark from various tariffs because it won’t discuss Greenland? Musing on Twitter that America’s defense commitments to Denmark are conditional on the negotiation? Intellectual justifications from Trump-friendly publications, citing previous purchase proposals and noting Greenland’s strategic value and abundance of natural resources? (That last one has already happened.)

Every morning of my Joe Rogan experience began the same way Joe Rogan begins his: with the mushroom coffee.

It’s a pour-and-stir powder made from lion’s mane and chaga—“two rock-star mushrooms,” according to Joe—and it’s made by a company called Four Sigmatic, a regular advertiser on Joe Rogan’s wildly popular podcast. As a coffee lover, the mere existence of mushroom coffee offends me. (“I’ll have your most delicious thing, made from your least delicious things, please,” a friend said, scornfully.) But it tastes fine, and even better after another cup of actual coffee.

Next, I took several vitamin supplements from a company called Onnit, whose core philosophy is “total human optimization” and whose website sells all kinds of wicked-cool fitness gear—a Darth Vader kettlebell ($199.95); a 50-foot roll of two-and-a-half-inch-thick battle rope ($249.95); a 25-pound quad mace ($147.95), which according to one fitness-equipment site is a weapon dating back to 11th-century Persia. I stuck to the health products, though, because you know how it goes—you buy one quad mace and soon your apartment is filled with them. I stirred a packet of Onnit Gut Health powder into my mushroom coffee, then downed an enormous pair of Alpha Brain pills, filled with nootropics to help with “memory and focus.”

In the summer of 1987, I graduated from a public high school in Austin, Texas, and headed northeast to attend Yale. I then spent nearly 15 years studying at various universities—the London School of Economics, the University of Oxford, Harvard, and finally Yale Law School—picking up a string of degrees along the way. Today, I teach at Yale Law, where my students unnervingly resemble my younger self: They are, overwhelmingly, products of professional parents and high-class universities. I pass on to them the advantages that my own teachers bestowed on me. They, and I, owe our prosperity and our caste to meritocracy.

Two decades ago, when I started writing about economic inequality, meritocracy seemed more likely a cure than a cause. Meritocracy’s early advocates championed social mobility. In the 1960s, for instance, Yale President Kingman Brewster brought meritocratic admissions to the university with the express aim of breaking a hereditary elite. Alumni had long believed that their sons had a birthright to follow them to Yale; now prospective students would gain admission based on achievement rather than breeding. Meritocracy—for a time—replaced complacent insiders with talented and hardworking outsiders.

Even if Democrats regain unified control of the White House and Congress in 2020, the fate of their ambitious legislative agenda will still likely hinge on a fundamental question: Do they try to end the Senate filibuster?

If the party chooses to keep the filibuster, it faces a daunting prospect: Democrats elected primarily by voters in states at the forefront of the country’s demographic, cultural, and economic changes will likely have their agenda blocked by Republican senators largely representing the smaller, rural states least touched by all of those changes. In fact, since the Senate gives each state two seats, the filibuster allows Republican senators from states representing only about one-fifth of the country’s population to be in a position to stymie Democratic legislation.

On Monday, the Business Roundtable, a group that represents CEOs of big corporations, declared that it had changed its mind about the “purpose of a corporation.” That purpose is no longer to maximize profits for shareholders, but to benefit other “stakeholders” as well, including employees, customers, and citizens.

While the statement is a welcome repudiation of a highly influential but spurious theory of corporate responsibility, this new philosophy will not likely change the way corporations behave. The only way to force corporations to act in the public interest is to subject them to legal regulation.

The shareholder theory is usually credited to Milton Friedman, the University of Chicago economist and Nobel laureate. In a famous 1970 New York Times article, Friedman argued that because the CEO is an “employee” of the shareholders, he or she must act in their interest, which is to give them the highest return possible. Friedman pointed out that if a CEO acts otherwise—let’s say, donates corporate funds to an environmental cause or to an anti-poverty program—the CEO must get those funds from customers (through higher prices), workers (through lower wages), or shareholders (through lower returns). But then the CEO is just imposing a “tax” on other people, and using the funds for a social cause that he or she has no particular expertise in. It would be better to let customers, workers, or investors use that money to make their own charitable contributions if they wish to.

COPENHAGEN—At first there was disbelief, then anger, and then, following a script now familiar to a growing number of nations, Denmark turned, in its attempt to explain the inexplicable, to speculation. After waking yesterday morning to the news that the president of the United States had canceled a state visit that he himself had requested, Danes found themselves moving through the stages of Donald Trump grief.

Trump tweeted early yesterday here, just two weeks before he was to come to Denmark, that the trip was off. “Based on Prime Minister Mette Frederiksen’s comments, that she would have no interest in discussing the purchase of Greenland, I will be postponing our meeting,” he wrote. (His tweet was sent just hours after Carla Sands, the U.S. ambassador to Denmark, tweeted: “Denmark is ready for the POTUS.”)

It’s a historic week for climate change in the Democratic Party.

In the same 12-hour span, Senator Bernie Sanders unveiled his plan to pass a gargantuan $16 trillion Green New Deal as president, while Governor Jay Inslee of Washington—who ran an unprecedented, bluntly climate-focused campaign—dropped out of the 2020 primary.

Then, this afternoon, the Democratic National Committee rejected a proposal to hold a climate-centered debate in the primary—even though nearly every candidate had endorsed the idea.

The three events left me wondering: How important is climate change, really, in the Democratic Party?

The sheer audacity of Bernie’s plan suggests that it is absolutely essential. He proposes eliminating all carbon pollution from the U.S. electricity and transportation sector by 2030. To get there, he calls for the de facto nationalization of the power grid and for massive subsidies for electric cars, among many other new programs.

Yesterday the hip-hop mogul Jay-Z and National Football League Commissioner Roger Goodell held a joint media session at the Roc Nation offices in New York to seal a once-implausible partnership that isn’t being received as positively as both parties probably hoped.

I assume neither Goodell nor Jay-Z expected to be on the defensive once the NFL announced that it would give Roc Nation, the music mogul’s entertainment company, significant power in choosing the performers for the league’s signature events—including the coveted Super Bowl halftime show. Jay-Z and Roc Nation will also help augment the NFL’s social-justice initiatives by developing content and spaces where players can speak about the issues that concern them.