Connecticut
Post posts about what is happening in the State of Connecticut.
Heavy Hands and The Angry Villager Rule
Submitted by Aldon Hynes on Thu, 06/19/2008 - 08:32Recently there have been a lot of stories about people or organizations reacting heavy-handedly to events online, where people have organized and pushed back. It seems common enough that a look at the underlying dynamics needs to be looked at.
The hottest right now is probably the DMCA takedown requests that the Associated Press has issued against Drudge Retort. A lot has been written about this already, and a lot more needs to be written and will be written. For those who have not followed this, I would encourage you to check out the UnAssociated Press website. As you might guess from the title, they have a particular slant, going so far as to call for a blogger boycott of the AP. Culture Kitchen is another site which is providing important coverage and attempting to keep focus on the larger issues.
A second organization that seems to be constantly stumbling over its heavy-handedness is Linden Lab. Whether you look at the recent flap over whether adults who wish their avatars to appear in the shape of children would be allowed to participate in birthday celebrations for Second Life, or there repeated struggles with trademark and currency issues, Linden Lab consistently appears to act heavy-handedly, most likely at the advice of their lawyers, and then find themselves in the middle of a major brouhaha with the residents of Second Life.
Then, of course, there is the administration of Lewis Mills High School, which reacted in a heavy-handed manner when a student wrote criticisms of the administration at home one evening. This case is continuing in the Federal Courts, and one member of the administration has already received disciplinary action related to the case, and the lawyer for the administration has received a major warning from the chairman of Connecticut’s Freedom of Information Commission.
Now, let us look for a moment at ‘The Angry Villager Rule’. This was a rule from the game Dungeons and Dragons in the early days, probably over thirty years ago. Essentially, the person running the game could invoke The Angry Villager Rule, where the villagers would gather together and defeat even a very strong player in the game, in a manner similar to how army ants by their sheer force of numbers, could defeat much larger prey.
I’ve always thought of the Angry Villager Rule in terms of the Mandate of Heaven, a Chinese view that a King’s ruled by the blessing of Heaven. This blessing was seen by good weather, good crops and content citizens. Floods and famines were a sign that the mandate had been repealed. The citizens, suffering from floods and famines always seemed to me to be like the angry villagers seeking a new leader.
Perhaps a more current version of the Angry Villager rule is Clay Shirky’s book “Here Comes Everybody”. Internet based tools are enabling angry villagers to organize in response to heavy-handed actions of regimes that are losing their power because of these new enabling tools. Perhaps the folks at the Associated Press, Linden Lab, and Lewis Mills High School should be given a copy of Shirky’s new book.
So, we have a dynamic of people used to using the Internet for more and more of their social interaction, including organizing when the existing institutions don’t understand and attempt to thwart online communities. It is a compelling narrative. However, the means of mediating this dynamic seems to be slow in appearing.
The Associated Press, after a backlash against their heavy-handed DMCA takedown orders, is now talking about engaging bloggers in a discussion about what constitutes ‘fair use’ in a digital age, and even these efforts are receiving criticism from the angry global villagers. They would have been wiser to start this discussion long before issuing any takedown orders.
Even with these feeble efforts, it seems that the Associated Press is making more progress in understanding the new millennium than Linden Lab or the administration at Lewis Mills High School have been.
So, how do we establish a meaningful dialog about how the Internet is changing our social structures? How do we find a space that helps older institutions evolve at the same time as not surrendering some of the boon that the Internet has provided?
Poetic Justice
Submitted by Aldon Hynes on Fri, 06/13/2008 - 21:04During my time covering the Avery Doninger case, I’ve often pondered better ways of this being handled. Avery Doninger is the high school student who was barred from running for class office after she wrote a blog post at home critical of the school administration, using the word Douchebag and encouraging parents to call the school, when the school administration cancelled, or if you want to parse words the administration’s way, postponed yet again, a battle of the bands known as JamFest.
I don’t know the details of why Jamfest was repeatedly cancelled and rescheduled, but it seems that there should have been a better process. I do know that Avery could have used better language when she encouraged the citizens of the town to get engaged in the issue, and I believe that Avery has learned that herself. I believe that the school administration could have made much better choices in how to take the incident and turn it into a teachable moment instead of a Federal lawsuit.
Now, Principal Karissa Niehoff is being punished for errors that she has made. On May 31st, Principal Niehoff sent an email to Mike Morris concerning details of the case. The email appears to have violated policies of the Board of Education and the Professional Code of Conduct of the State of Connecticut.for School Administrators. As a result, Ms. Niehoff has been asked to write a formal letter of apology to the Avery and her family, has been placed on administrative leave without pay for two days, and has been asked to attend a workshop on the Family Educational Right and Privacy Act. In addition, Ms. Niehoff will be asked to develop at least one goal for the 2008-2009 school year that will show her understanding of the seriousness of this. Perhaps she should start a blog about this and post ideas on how school administrators can better address these issues in a digital age online. Others have suggested that poetic justice would call for her not being allowed to speak at this year’s graduation ceremony.
I applaud the new Superintendent, Alan Beitman, in his efforts to take the situation and make it an educational experience for all involved. I also appreciate the difficulties that a case like this presents. It is difficult to be constrained by advice from lawyers as well as professional responsibility from speaking out when you feel that only the other side is being heard. Yet my interest in the Doninger case has brought me in touch with representatives of other school districts. I have been impressed with the professionalism with which other school administrators address complicated situations, situations much more complicated than the Doninger case.
The age of instant, persistent searchable communications places many new challenges that Ms. Doninger, Ms Niehoff and all of us need to think long and hard about. My interactions with Ms. Doninger leads me to believe that she has learned much about our rights and responsibilities in a digital age. Let us hope that Ms. Niehoff will have similar learning opportunities and will be able to make good use of them.
Sane Energy Policy
Submitted by Aldon Hynes on Thu, 06/05/2008 - 09:37We need a saner energy policy. How often have you heard politicians say that? At the Northwest Leadership Breakfast, shortly after an important Broadwater decision, speaker after speaker spoke about our need for a saner energy policy. It was a gathering of Connecticut politicians and much of the focus was on energy policy as it applied to Connecticut. Connecticut has the highest energy prices in the Nation.
Yet where is that energy policy going to come from? The current energy policy, crafted in secret between Mr. Cheney and some of his buddies in the energy industry clearly is in the best interest of Bush and Cheney’s cronies, and not in the best interest of our country.
Last night at the New Haven Democracy for America Meetup, two members of ‘Fight the Hike’ showed up to talk about their efforts.
Teach your children well
Submitted by Aldon Hynes on Tue, 06/03/2008 - 09:40“I hate you,” she shouted as she stormed out of the room and slammed the door. Shaken and hurt, I sat quietly. I will give her some time to calm down, and then go to her, let her know that I love her, even if I do things that I think are the best for her and she disagrees, even if she behaves in an inappropriate way. I can help her with that another time.
Does this sound familiar? I suspect that anyone with a teenager at home must have experienced something like this. The teenage years are difficult, not only because of the raging hormones, but also because of the need for teenagers to separate themselves from their parents and authority figures, to establish their own identity, authority, sense of self worth, and find ways to express it.
As much as I hate the phrase, “The Internet has changed everything”, there is a hint of truth about it for teenagers. At home, at night, they can shout and slam virtual doors online. They can call the administration of their school douchebags. They can create MySpace parody pages of their school administrators.
Of course, this presents another problem. These outbursts, which in previous years might have been confined to the family room, are now available for everyone to see, including the douchebags at the central office.
It is reasonable to believe that the school administrators may also be shaken and hurt by these outbursts. Since they are acting “In Loco Parentis” at the schools and since they should be much better trained in dealing with the traumas and dramas of teenagers, you would expect them to handle the situation even better than I have in my house.
Yet school administrators are also human. They err. They fail. Since their parental relationships are based upon a job, instead of deep familial love of the children, they may act in ways that are more focused on defending their reputations and their jobs than on being good educators.
It seems as if this provides a useful framework for understanding what went on with Avery Doninger and the school administration at Lewis Mills High School in Burlington, CT. Avery wrote a blog post at home one evening after a dispute with the school administration about a concert she was helping organize. She referred to the ‘douchebags’ at the central office. Some of the administrators’ feelings were hurt and they lashed back at Avery. The case is currently in the courts. Yet Avery’s case is not the only one of its kind.
From the Student Press Law Center, I’ve learned of the case of Justin Layshock. At his grandmother’s house one evening, Justin created a parody profile of his high school principal, Eric Trosch, intimating that the principal was a drunk and a drug user. Mr. Trosch responded in a manner more like Paula Schwartz and Karissa Niehoff from Lewis Mills High School and focused on his reputation rather than his responsibilities as an educator.
In a rather bizarre move, the school district blamed the ACLU for the “damaged reputation because of the publicity the lawsuit elicited”. So, yet again, we see a school administration more concerned about reputation than pedagogical interests.
In a preliminary ruling on the Layshock case, a judge wrote, “They [the school administration] may not like something students say on their home computers and post on the Internet, but it’s for the parents to decide what, if any, discipline is appropriate.”
Yet a bigger question remains for me. What happens when parents show their children love and stand up for the children when they express themselves poorly, but legally? What happens when children learn that what they say matters and that freedom of speech needs to be protected?
Avery will be spending a year working Americorps. In a subsequent article about Justin Layshock’s case, we learn that Justin spent last summer volunteering at an orphanage in Africa.
In can be very difficult for parents and educators to act in love and in the best educational interests of their children when the children criticize them. I must admit, I don’t always do it right myself. But, by managing ones hurt and focusing on helping the child become more effective in speaking up clearly and strongly, we will create a new generation of leaders, like Avery and Justin and our country, and our world will be better off for it.
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A Foreseeable Risk of Substantial Disruption
Submitted by Aldon Hynes on Fri, 05/30/2008 - 04:33Thursday was a bad day for me. I received an email from a media watchdog organization declining my job application. I received an email from the DNCC declining my application to be a blogger at the 2008 Democratic National Convention in Denver, and I received a copy of the Second Circuit of Appeals decision to uphold the District Courts denial of the Doninger’s preliminary injunction motion. Yet all of these tied together into a fairly consistent theme.
In the rejection letter from the media watchdog organization, I was told that they “needed someone with more traditional journalism experience”. I can see why they say that. They are a fairly traditional watchdog organization. It is important to them that their watching of the media does not create any substantial disruption of the media landscape.
The rejection letter from the DNCC didn’t give any reasons other than that “Several hundred great blogs submitted applications.” It suggested that I check out “The Big Tent” organized by “DailyKos, ProgressNow, the Alliance for Sustainable Colorado, and the Wright Group… with some of the most well known faces in the non-profit and political world, as well as food, drinks, entertainment.” I’m not sure that well known faces and entertainment being gatekept by people making their name by writing about crashing gates is going to bring about any substantial disruption.
In 2004, bloggers at the Democratic National Convention in Boston were a substantial disruption, at least to the media narrative. People wanted to talk with and about bloggers about how they were changing the media landscape. Subsequent research found that the bloggers, myself included, didn’t really bring about any substantial disruption in the media landscape, but at least coming into the convention there was a foreseeable risk that that might occur.
Many great blogs have been credentialed this year and the Democrats have chosen to have a blog credentialed to sit with each State delegation. This could bring a whole new perspective on the convention, creating a new foreseeable risk of substantial disruption, but I worry that it may not. It may be just part of the new generation of political media, the new boys on the bus.
I’ve often commented about blogs being passé. They are so 2004. “New Media” is being replaced by “Social Media” and I wonder how much the bloggers of 2008 will have moved beyond 2004 style blogging. What role will streaming multimedia, microblogging and lifestreams fit into the picture? That may be where the real potential for a foreseeable risk of substantial disruption of the political media process exists this time.
All of this takes me to the Doninger case. The Second Circuit wrote that “Because Avery’s blog post created a foreseeable risk of substantial disruption at LMHS, we conclude that the district court did not abuse its discretion. We therefore affirm the denial of Doninger’s preliminary injunction motion.”
The substantial disruption that Avery’s words in the blog post are accused of creating a foreseeable risk of, is citizens in the school district getting more involved the school and thereby in the community.
I disagree with the court that this sort of ‘substantial disruption’ is something the existing political structure should be protected against. Instead, the ability to create this sort of ‘substantial disruption’ is exactly what our Constitution is supposed to be protecting the right of each of us to participate in.
The candidate at the Democratic National Convention most likely to become the Democratic Party Nominee for President is running on the slogan “Change We Can Believe In”. We are most likely to see a candidate at the podium who says, “I’m asking you to believe. Not just in my ability to bring about real change in Washington . . . I’m asking you to believe in yours.”
This candidate has brought many new people into involvement with the political process, similar to how Avery worked to get more people involved in the politics surrounding her high school.
So, I am frustrated. Unlike Barack Obama or Avery Doninger, I am not managing to generate a foreseeable risk of substantial disruption to current media and political status quo. Yet looking at the successes of Barack Obama and Avery Doninger, I continue to have hope that I may yet contribute to such substantial disruptions.
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