Gates Foundation Follies (Part 2)

July 26, 2011

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A sketch of the $500 million new Gates Foundation headquarters

In Part 1 of this post, I described how the Gates Foundation came to recognize the importance of using political influence to reform the education system rather than focusing on reforming one school at a time in the hopes that school systems would see and replicate successful models.  No private philanthropist has enough money to buy and sustain widespread adoption of an effective approach and the public school system has little incentive to identify and spread effective approaches on their own.

Faced with the unwillingness of the public school system to reproduce successful models (assuming that Gates could even offer one), the Foundation was left with two solutions to encourage innovation: 1) identify the best practices themselves and impose them from the top down, or 2) encourage choice and competition so that schools would have the proper incentive to identify, imitate, and properly implement effective approaches.

The Gates Foundation made the wrong choice.  Their top-down strategy cannot work for the following reasons:

1) Education does not lend itself to a single “best” approach, so the Gates effort to use science to discover best practices is unable to yield much productive fruit;

As I’ve explained before, there are many different “best” techniques for different kinds of teachers with different kinds of students in different situations with different available resources.  There are some practices that are universally beneficial in education, but they tend to be pretty obvious and are already well known (e.g. it is bad to beat kids, it is better when teachers know the material they are teaching, it is helpful to break down ideas into their essential components, etc…).

The difficulty of discovering universally beneficial  practices that are not already well-known, especially with the blunt tools available to researchers probably helps explain why the Measuring Effective Teachers (MET) project, on which the Gates Foundation is spending $335 million has yet to produce any meaningful results despite entering its third year of operation.

2) As a result, the Gates folks have mostly been falsely invoking science to advance practices and policies they prefer for which they have no scientific support;

Despite having nothing to show for the $335 million they are spending on MET, the Gates folks nevertheless claim that it “proves” the harmfulness of teachers engaging in “drill and kill.” The fact that the research showed no such thing did not deter them from telling the NY Times and LA Times that it did.  Even when I pointed out the error, the Gates folks refused to issue a correction (although the LA Times ran one on their own).

Similarly, the Gates-orchestrated effort to push national standards, curricular materials, and assessments is advancing without any scientific evidence of the desirability of these approaches.  Gathering a group of Checker Finn’s friends (er, I mean, “a panel of experts”) to attest that the Common Core standards are better is not science.  It is the false invocation of science to manipulate people into compliance with their agenda.

3) Attempting to impose particular practices on the nation’s education system is generating more political resistance than even the Gates Foundation can overcome, despite their focus on political influence and their devotion of significant resources to that effort;

Opponents of centralized control of education have begun to mobilize against the Gates-orchestrated effort to establish national standards, curricular materials, and assessments.  But the bulk of the political resistance to the Gates strategy will come from the teacher unions.  They don’t want anyone to infringe on their autonomy or place their interests in jeopardy with a nationalized accountability system.  They may play along with Gates for a while and take their money, but when push comes to shove the unions can only tolerate one dictator in education — the unions.  Of course, those of us who don’t want anyone centrally-controlling the nation’s education system will oppose both Gates and the teacher unions.

We already have a taste of the kind of resistance teacher unions will put up against the Gates nationalization effort in the slogans emanating from Diane Ravitch and Valerie Strauss’ Twitter feed, supported by their Army of Angry Teachers.  Falsely claiming that MET proved that drill and kill is harmful did not mollify these folks at all.

The teacher unions derive far more power and money from the status quo than Gates can ever offer them, unless of course Gates builds a nationalized system and cedes control to the unions, which is not part of the Gates plan.  Nothing in the Gates strategy weakens the unions and would force them to make significant concessions, so in the end the unions will either hijack the Gates strategy for their own benefit or block it.  Even Gates does not have the resources to beat the unions without first diminishing their power.

4) The scale of the political effort required by the Gates strategy of imposing “best” practices is forcing Gates to expand its staffing to levels where it is being paralyzed by its own administrative bloat; 

Over the last decade the Gates Foundation has roughly doubled its assets but increased its staffing by about 10-fold.  The Foundation is now huge, which is part of why it needs the Education Pentagon pictured above to house everyone.  The Foundation has gotten huge because it is trying to buy political influence as it buys people.  Gates has been snapping up or funding just about every advocacy group, researcher, or education journalist they can find.  Getting all of these people on board for a nationalized education system (or at least mute their dissent) involves paying an enormous number of people and organizations.

Gates can buy a lot of folks, but they can’t buy everyone and they can’t keep the folks they do pay in line for very long.  It’s like herding cats. (I should note that I’ve received Gates Funding in the past).

And the sheer size of their staff and funded allies along with the focus on controlling the political message is so overwhelming that it is significantly hindering their ability to do anything.  People inside the organization have told me that they are suffering from a bureaucratic gridlock with endless meetings, conference calls, and chains of approvals.  Notice that Gates is paying a ton of researchers and yet virtually no research is coming out.  Very curious.

5) The false invocation of science as a political tool to advance policies and practices not actually supported by scientific evidence is producing intellectual corruption among the staff and researchers associated with Gates, which will undermine their long-term credibility and influence.

As noted above, the need to advance a particular political message has led Gates to mischaracterize their own research (for example, claiming that MET proves that drill and kill is harmful when the research does not show that).  But the intellectual corruption extends much farther.  I had a highly respected and accomplished researcher employed by Gates tell me that Vicki Phillips’ mischaracterization of the MET results was not so far off because there isn’t a big difference between a low correlation and a negative one.  He also defended comparing the magnitude of a series of pair-wise correlations to determine the relative influence of different variables.  To hear someone who knows better twist the truth to avoid contradicting the education boss at Gates was just sad.

Unfortunately, too many advocates, researchers, and others are being similarly corrupted.  In most cases the Gates folks don’t have to exert any explicit pressure on people to keep them in line; they just anticipate what they think would serve the Gates strategy.  But I am aware of at least one case in which a researcher’s findings were at odds with the desired outcome and that person suffered for it.

I’ve heard another story from someone involved in the MET project that the delay in releasing any results from the analyses of classroom videos even as the project enters its third year is explained by their inability to find any meaningful results.  Perhaps another year of data will make something turn up that they can finally tout for their $335 million investment.  The fact that the initial MET report with basically no useful findings was released on a Friday just before Christmas suggests that the Gates folks are working hard to shape their message.

The national standards, curriculum, and testing campaign is rife with intellectual corruption.  For example, people are twisting themselves into knots to explain how the effort is purely voluntary on the part of states when it is manifestly not, given federal financial “incentives,” offers of selective exemptions to NCLB requirements for states that comply, and the threat of future mandates.  There is so much spin around Gates that it makes one dizzy.

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Let me be clear, most of the folks affiliated with Gates are good and smart people.  The problem is that when your reform strategy requires a top-down approach, these good and smart people are put under a lot of stress to have a unified vision of the “best” that will be imposed from the top.  And whenever an organization starts sprinkling millions of dollars on researchers and advocacy groups unaccustomed to that kind of money, there are temptations that are hard for the most virtuous to resist.

But the good and smart people at Gates can stop the counter-productive strategy that the Foundation is pursuing.  The Foundation changed course once before and it can do it again.

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UPDATE — For my suggestions of what the Gates Foundation could do instead, see this post.


Gates Foundation Follies (Part 1)

July 25, 2011

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A sketch of the $500 million new Gates Foundation headquarters

Jason Riley’s interview with Bill Gates in the Wall Street Journal was not as great as Riley’s interview with me last week (shameless plug for my new mini-book), but it was still very illuminating.  In particular, the Gates interview confirmed two things about the Foundation’s education efforts: 1) they’ve realized that the focus of their efforts has to be on the political control of schools and 2) they are uninterested in using that political influence to advance market forces in education. Instead, the basic strategy of the Gates Foundation is to use science (or, more accurately, the appearance of science) to identify the “best” educational practices and then use political influence to create a system of national standards, curricular materials, and testing to impose those “best practices” on schools nationwide.

The Gates Foundation came to understand the necessity of political influence over schools with the failure of their previous small schools strategy.  Under that strategy they tried to achieve reform by paying school districts to break-up larger high schools into smaller ones.  The problem with that strategy is that even the Gates Foundation does not have nearly enough money to buy systemic reform one school at a time.

School districts currently spend over $600 billion per year and the Gates Foundation only has $34 billion in total assets.  With the practice of spending only about 5% of assets each year and given the large (and effective) efforts the Foundation makes in developing country health-care, Gates only spends a couple hundred million dollars on education reform each year. Given the small share of total education spending Gates could offer, most public districts refused to entertain the Gates strategy of smaller schools, others took the money but failed to implement it properly, and others reversef the reform once the Gates subsidies ended.

The way I described the situation in my chapter “Buckets into the Sea” in the 2005 book, With the Best of Intentions, edited by Rick Hess is:

Philanthropists simply don’t have enough resource to reshape the education system on their own; all their giving put together amounts to only a tiny fraction of total education spending, so their dollars alone can’t make a significant difference.  In order to make a real difference, philanthropists must support programs that redirect how future public education dollars are spent.

And in 2008 I repeated this claim, saying: “total private giving to public education is a tiny portion of total spending on schools.  All giving, from the bake sale to the Gates Foundation, makes up less than one-third of 1% of total spending.  It’s basically rounding error.”

I don’t know whether the Gates Foundation was influence by my writing or whether they arrived at the same conclusions independently, but they are now articulating those same conclusions, often with the same exact words:

“It’s worth remembering that $600 billion a year is spent by various government entities on education, and all the philanthropy that’s ever been spent on this space is not going to add up to $10 billion. So it’s truly a rounding error.”

This understanding of just how little influence seemingly large donations can have has led the foundation to rethink its focus in recent years. Instead of trying to buy systemic reform with school-level investments, a new goal is to leverage private money in a way that redirects how public education dollars are spent.

While the focus of the Gates Foundation on influencing education policy is sensible, the particular political approach they have chosen is doomed to fail and attempting it is likely to be counter-productive.  In Part 2 of this post I will explain how the new strategy Gates has decided to pursue is flawed.

To give you a taste of what is coming in Part 2, the arguments can be summarized as: 1) Education does not lend itself to a single “best” approach, so the Gates effort to use science to discover best practices is unable to yield much productive fruit; 2) As a result, the Gates folks have mostly been falsely invoking science to advance practices and policies they prefer for which they have no scientific support; 3) Attempting to impose particular practices on the nation’s education system is generating more political resistance than even the Gates Foundation can overcome, despite their focus on political influence and their devotion of significant resources to that effort; 4) The scale of the political effort required by the Gates strategy of imposing “best” practices is forcing Gates to expand its staffing to levels where it is being paralyzed by its own administrative bloat; and 5) The false invocation of science as a political tool to advance policies and practices not actually supported by scientific evidence is producing intellectual corruption among the staff and researchers associated with Gates, which will undermine their long-term credibility and influence.

Tune in for Part 2.

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UPDATE — For my suggestions of what the Gates Foundation could do instead, see this post.


Testing, Cheating, Culture and Corruption

July 21, 2011

(Guest post by Greg Forster)

Matt draws our attention to some of the broader issues raised by the APS scandal. Cheating is not just about cheating.

Here’s another one of those broader issues I think we should take note of. To call this “cheating” is really inadequate. This was a whole institutional culture in which cheating had become not just acceptable, but normal. This was way beyond teachers subtly indicating the correct answers (such as through tone of voice) or deliberately seating bad students next to good ones (so they could copy). Those things happened, but much more happened.

Teachers had “cheating parties” in which they sat around erasing and remarking student answer sheets. There was one guy whose job was to open test booklets, copy the contents, reseal them (using a lighter to melt the plastic back into place) and then distribute the contents to everybody. This was a huge, pervasive, known-to-everybody cheating system.

And cheating was not just normal but mandatory. Hark ye, my bretheren, unto the Atlanta Journal-Constitution:

For teachers, a culture of fear ensured the deception would continue.

“APS is run like the mob,” one teacher told investigators, saying she cheated because she feared retaliation if she didn’t.

Cheat – or else!

What’s going on here? This is not just the undifferentiated “corruption of human nature.” This is a very specific dynamic of institutional culture. This is a system whose organizational culture responded to NCLB by systematically embracing cheating at all levels, even to the extent of viewing non-cheaters (i.e. honest teachers) as threats to the integrity of the system.

We should think carefully about how that kind of thing happens. There is one hypothesis that sticks out to me as clearly plausible: This happened because the testing requirements of NCLB were percieved as evil, tyrannical and a threat to the integrity of education. Personnel at all levels actually viewed cheating as morally virtuous because it was necessary to protect an essential good (education) from being undermined by vicious oppressors with evil agendas. And given widespread teacher cynicism about the value of standardized tests as a metric of learning, in their perception nothing valuable was lost in the process.

This is about more than cheating. This is a wakeup call to our thinking about how reform works.

I have always been in favor of the aspect of NCLB that uses tests to create transparency. Remember, before NCLB you didn’t even have all states participating in NAEP. Anyone want to go back to that? No? Well, then, let’s not throw the baby out with the bathwater.

However, it is now pretty clear that NCLB does not work as an accountability tool. Might the systemic, institutional extent of the cheating in APS help explain why? Teachers and administrators don’t percieve the tests as legitimate – they see them as inaccurate metrics being imposed by evil oppressors as tools of exploitation – and thus don’t respond to them in positive ways. (On net, that is. Bad responses cancel out good ones.)

Contrast that with the use of testing for accountability in two other contexts. Jeb Bush’s A+ accountabiliy testing system in Florida did produce positive results. Could that be because Florida had spent years at the bottom of the national listings for education and was sick of it, and had spent years trying to improve through the tried and true ideas of the unions and was sick of failing, and was thus more open to new directions? In the context of this openness, Jeb Bush’s leadership, and his partnership with the right stakeholders, framed the reforms in a way that caused them to be experienced as legitimate at the school level.

Even more impressive, consider the use of testing in innovative charter schools like KIPP. Remember that David Brooks column blasting Ravitch? Brooks identifies what he calls “a core tension,” namely: “Teaching is humane. Testing is mechanistic.”

However, in schools where the entire institutional culture has been reinvented from the ground up around personal relationships between teacher and student that are centered around leadership, mentorship and accountability, testing isn’t experienced as mechanistic at all. Where the students really see the teachers caring about them, and vice versa, standardized testing is accepted as a tool that empowers this relationship:

The schools that best represent the reform movement, like the KIPP academies or the Harlem Success schools, put tremendous emphasis on testing. But these schools are also the places where students are most likely to participate in chess and dance. They are the places where they are mostlikely to read Shakespeare and argue about philosophy and physics. In these places, tests are not the end. They are a lever to begin the process of change…

Ravitch thinks the solution is to get rid of the tests. But that way just leads to lethargy and perpetual mediocrity. The real answer is to keep the tests and the accountability but make sure every school has a clear sense of mission, an outstanding principal and an invigorating moral culture that hits you when you walk in the door.

I think this means it’s essential that the use of tests for accountability purposes must be implemented only in contexts of institutional culture where they will be experienced as legitimate – and the degree to which the tests are used must be controlled by the degree to which the institutional culture permits this experiential legitimacy.

In some cases (as with Jeb in Florida) that could be accomplished statewide. In others it can’t. Sometimes it will have to be districts, or a network of charter schools. In many contexts it won’t work at any level. It certainly won’t work nationally, since the institutional context of the federal role in education could never permit this kind of thing to develop in a way that would be seen as legitimate.

How, then, do we drive accountability? Choice and competition, obviously. And guess what? Once schools face the disruptive threat of choice, they will be more likely to start using tests for accountability voluntarily – because they want to survive and they’ll be ready to reconsider their options.

You know, it strikes me that this principle might have application to other issues besides accountability testing. In general, the higher you go up the ladder of power – from school to district, from district to state, and from state to national – the less likely you will really be implementing your reform, and the more likely you will just be playing power games, and be seen to be playing power games, and thus cause those below you on the ladder to respond by playing power games of their own. As in Atlanta.


Technology and School Choice: The False Dichotomy

July 18, 2011

(Guest post by Greg Forster)

Terry Moe has a great article in today’s Journal about how entrepreneurial innovation taking advantage of new technology is putting the teacher’s unions on the road to oblivion. It’s a great article, except that it draws one false dichotomy.

Fans of JPGB know that we do love us some high-tech transformation of schooling around here. Matt has been on this beat for a long time, and hardly a week goes by that he doesn’t update us on the latest victory of “the cool kids” over “edu-reactionaries” in the reinvention of the school. But he doesn’t own that turf entirely; I made this the theme of my contribution to Freedom and School Choice (as did Matt, of course).

The problem is that Moe insists high-tech transformation of schooling, and the destruction of union control it entails, is absolutely, positively a separate phenomenon from the wave of school reform victories this year:

This has been a horrible year for teachers unions…But the unions’ hegemony is not going to end soon. All of their big political losses have come at the hands of oversized Republican majorities. Eventually Democrats will regain control, and many of the recent reforms may be undone. The financial crisis will pass, too, taking pressure off states and giving Republicans less political cover…

Over the long haul, however, the unions are in grave trouble—for reasons that have little to do with the tribulations of this year…The first is that they are losing their grip on the Democratic base…Then there’s a crucial dynamic outside of politics: the revolution in information technology.

Really? The victories of 2011 – “the year of school choice” – aren’t in the same category with the long-term path to oblivion the unions are on? On the contrary, 2011 is the year of school choice precisely because it has become obvious that the unions are on track for oblivion, for the reasons Moe identifies.

Moe’s argument relies on the assumption that when Republicans are in power, they always make dramatic and innovative school reform policies their #1 priority.

Sorry  . . . lost my train of thought I was laughing so hard . . . let me pick myself up off the floor . . . there, now where was I? Oh, yes.

The GOP hasn’t touched real school reforms with a hundred-foot pole in years. Why did it all of a sudden embrace real reform this year?

Could it be because…

  1. …the unions are losing their grip on the Democratic base, meaning squishy Republicans don’t have to worry about being demonized as right-wing loonies simply for embracing real reform, and…
  2. …the revolution in information technology has made it obvious to MSM and other key cultural gatekeepers that the unions are the reactionaries, once again reassuring squishy Republicans they won’t be demonized for embracing real reform?

Obviously the financial crisis was also a factor here, as Moe rightly points out. But is that really an immediate-term phenomenon, bound to disappear next week? What really counts is whether the nation feels so rich it can afford to ignore ballooning school costs. Technically the recession ended two years ago and we’ve been in “recovery” for two years. How’s that feeling? Do we feel rich and luxurious again? Are we on track to restore a widespread national sense of inevitable prosperity by 2012? By 2014? By 2020?

Bottom line, the unions losing Democratic support and taking their stand in opposition to entrepreneurial change was the crucial, indispensable precondition for this year’s wave of school reform success.

Oh, and guess what? Sustaining those policies, especially school choice, will be the only way this wave of advancing technology will produce the results Moe is expecting. Only school choice can prevent the blob from neutralizing any reform you throw at it. If the techno-innovators turn their back on choice and competition, they’ll be dead meat. (For more on that topic, see the aforementioned chapter by your humble servant in Freedom and School Choice.)


Oregon Governor Appoints Himself Superintendent of Schools

July 6, 2011

(Guest Post by Matthew Ladner)

Very interesting move by Governor John Kitzhaber, coming right after stirrings of reform in the previous session. Money quote from the AEI post:

However, if Kitzhaber is truly able to streamline decisions and pass substantial reform while keeping his appointments apolitical, Oregon may see relief for a system that, as lobbyist for the Confederation of Oregon School Administrators Chuck Bennett described, is “wallowing in mediocrity.”

Wallowing in mediocrity may be a bit too kind to describe Oregon’s academic progress, or lack thereof. Win or lose, Kitzhaber has taken a bold step to assume responsibility for progress in Oregon schools.

Bully for him!


School Choice Triumphant – Unions Flee in Terror

July 5, 2011

(Guest post by Greg Forster)

This morning’s Journal declares 2011 “the year of school choice.” For those of us who kept the fires of justice burning when others counseled despair, it’s a sweet moment.

The Journal also gets the big picture:

Choice by itself won’t lift U.S. K-12 education to where it needs to be…But choice is essential to driving reform because it erodes the union-dominated monopoly that assigns children to schools based on where they live. Unions defend the monopoly to protect jobs for their members, but education should above all serve students and the larger goal of a society in which everyone has an opportunity to prosper.

In totally unrelated news, Jim Geraghty provides a delctable roundup on the NEA’s unprescedented year-early endorsement of Barack Obama – a naked admission that the union no longer has any leverage beyond its mere access to cash and warm bodies, and is therefore now a captive to the movements of power politics rather than a major player in driving them. From now on, the unions do what their political masters dictate, not the other way around.

Geraghty’s political analyst breaks it down:

I can only think of one reason for this move, the Obama people are going into over drive to get as much into Obama’s coffers as possible, and thus asked for this explicitly.  These are action of a very desperate campaign…on both sides. The Obama administration obviously is not raising enough money; the NEA is losing friends on the Democrat side of the aisle (see Cuomo).

Geraghty also points to this comment on Daily Kos:

I am a building rep for the NEA.  I actually spoke personally with about 2/3 of my unionized teachers when the early endorsement – the first such in NEA history – was proposed. Out of the more than 80 teachers with whom I spoke only one supported the early endorsement. Many did not like giving up what little leverage the union had with the administration.

The comment just gets better from there – go read the whole thing. And there’s more where that came from!

In resopnse to these concerns, a team of spokespeople for the NEA released the following joint statement:

CONSTABLE: O, hell!

ORLÉANS: O Lord, the day is lost! All is lost!

DAUPHIN: Dear God! All is lost, all! Regret and everlasting shame sit on our helmets, mocking us.

[A brief blast of battle noises]

What stinking luck! Do not run away.

CONSTABLE: Our men have all broken ranks.

DAUPHIN: O, everlasting shame! Let’s fall on our swords. Are these the wretches that we threw dice for?

ORLÉANS: Is this the king we offered to ransom?

BOURBON: Shame, eternal shame, and nothing but shame! Let us die honorably. Back into the fray once again! He who will not follow me now, let him depart and stand in the doorway like a pimp, cap in hand, while some slave, no nobler than my dog, violates his daughter.

CONSTABLE: Maybe we can benefit from the same chaos that has defeated us. Let’s go offer up our lives en masse.

Looking forward to 2012!


Iowa Legislature Lines Up Another Enactment

June 30, 2011

(Guest post by Greg Forster)

Last night, Iowa’s House and Senate passed a budget that expands funding for the state’s tax-credit scholarship program. If the governor signs, as expected, that will bring us to fifteen school choice enactments and officially put us not just at, but over the benchmark for Matt’s “double down challenge”  in my bet with Jay Mathews.

And from what I hear, the next question isn’t whether we’ll get to sixteen. The question is, which state will get to fifteen first, and which will have to settle for sixteen – or seventeen, or eighteen . . .


Stand for Children vs. Oregon Education Association

June 30, 2011

(Guest Post by Matthew Ladner)

Fantastic article on the struggle between the teacher’s union and Stand for Children in Oregon, where the NEA affiliate has suffered the first setbacks in recent memory. Too much good stuff for a mere money quote, go read the whole thing.

The struggle in Oregon is a microcosm of a greater battle going on within the Democratic Party between the Waiting for “Superman” liberals and teacher unions. Progressives can either have education progress or a lockstep alliance with education reactionaries, but they cannot have both.  The opening of the article makes this point well:

Last week, Gov. John  Kitzhaber and his allies rammed a dozen education bills through  roadblocks erected by the 48,000-member Oregon Education Association.

A coalition of  Kitzhaber, House Republicans, a few Democrats willing to buck the  teachers’ union, and newly emboldened interest groups handed the OEA its biggest policy setbacks in years.

“There is a strong  desire for real movement forward on education, and people were willing  to break a few eggs to get there,” says Rep. Chris Garrett (D-Lake  Oswego), one of three Democrats who voted “yes” on HB 2301, a  controversial online charter-school bill that catalyzed the breakthrough.

Last week I gave a well earned congratulations to Rep. Matt Wingard for his dogged pursuit of reform.  Democrats such as Governor Kitzhaber and Rep. Garrett displayed great courage in bucking a major faction of their own party, and Stand for Children is obviously winning the battle for hearts and minds.


Supreme Court Strikes Blow for Free Political Speech

June 29, 2011

(Guest Post by Matthew Ladner)

The U.S. Supreme Court delivered a resounding blow against government managed political speech by ruling the matching funds provision of the Arizona Clean Elections program unconstitutional.
Congratulations go out to the Goldwater Institute and the Institute for Justice for seeing this case through. Special credit especially goes to the Goldwater Institute’s Nick Dranias (pictured above), who recognized the opportunity to challenge this pernicious law and took extraordinary efforts to secure this victory.

Arizona established “Clean Elections” by a ballot measure in reaction to political scandals. The system went far beyond public financing for candidates, forcing candidates for Arizona offices to choose to run “clean” or “traditional.” If you ran “clean” you not only get money from the state from your campaign, the Clean Elections system would match funds raised by any traditional opponents.

In other words, the system skewed heavily against privately financed candidates, and created a huge disincentive for anyone to donate to a campaign in which a “clean” candidate had entered. More than anything else, the system worked as an incumbency protection racket. As an incumbent, you already had a certain amount of name identification. If you faced a challenger who needed in essence to spend money in order to acquire name identification, you could simply run “Clean” and quash them. As long as you hadn’t been arrested for robbing a liquor store, you were fine. If the liquor store you robbed were owned by a member of the opposite political party, you were probably still fine. Who in their right mind would donate money to a traditional candidate under such circumstances?

The scandals associated with the program, of course, were many. It didn’t take long for Republicans to dredge up some “Green Party” candidates to game the system. Teams of candidates entered elections with the real candidates running “Clean” while the dupe candidate running traditional in order to generate more “Clean” funds for the team. I kept waiting for someone to found a PAC called “Al Qaeda in Arizona” in order to make independent expenditures (also covered by Clean Elections) and trigger “Clean” money for preferred candidates.

The Clean Elections system certainly played a role in Janet Napolitano’s initial election victory, but also probably helped secure oversized Republican majorities in the legislature. Regardless of which party did a better job of using and abusing this system, by suppressing free political speech it was wrong. Over the last few years, the scales fell from the eyes of many former supporters I spoke with, who eventually gave up notions of trying to “fix” Clean Elections and quietly hoped that it would die. Some Republicans who had become expert at gaming the system privately complained about the suit.

Fortunately, the United Supreme Court struck down this free-speech suppressing nonsense. “If the matching funds provision achieves its professed goal and causes candidates to switch to public financing, . . . there will be less speech: no spending above the initial state-set amount by formerly privately financed candidates, and no associated matching funds for anyone. Not only that, the level of speech will depend on the State’s judgment of the desirable amount, an amount tethered to available (and often scarce) state resources,” the majority ruled. “The whole point of the First Amendment is to protect speakers against unjustified restrictions on speech, even when those restrictions reflect the will of the majority. When it comes to protected speech, the speaker is sovereign.”

Congrats to the Goldwater Institute and the Institute for Justice for this very important victory. Keep it up and someday political speech may enjoy as much 1st Amendment protection as pornography!


Louisiana Doubles Down

June 28, 2011

Sorry, I couldn’t find “Louisiana Hold ‘Em”

(Guest post by Greg Forster)

Two Wisconsin enactments while I was travelling a week ago – expanding Milwaukee vouchers and creating a new voucher program in Racine – brought my ongoing humiliation of Jay Mathews to a total of 13 school choice enactments (new programs or expansions of existing programs). And that’s not even counting Oklahoma’s “expansion” of its special ed voucher program (the program was “expanded” to include students who were eligible to participate but were being illegally denied access by rogue school districts).

Governor Jindal just doubled us down by signing into law Lousiana’s expansion of its educational tax deduction, bringing us to 14 enactments on a bet that we wouldn’t reach seven.

Here’s the tally so far:

  1. UT Carson Smith expansion
  2. Douglas County, CO new voucher
  3. AZ new ESA
  4. DC voucher expansion
  5. IN new voucher
  6. IN new tax deduction
  7. IN tax-credit scholarship expansion
  8. OK new tax-credit scholarship
  9. FL tax-credit scholarship expansion
  10. FL McKay voucher expansion
  11. GA tax-credit scholarship expansion
  12. WI Milwaukee voucher expansion
  13. WI new Racine vouchers
  14. LA tax deduction expansion

Matt wants to know if there’s a mercy rule for wonk bets. As Ned Flanders once said, “Mercy is for the weak!”