Tag: New York Times

NYT Channels Monty Python’s Black Knight

America’s growing school choice movement is a bridge to educational freedom—an escape from our failing state school monopolies. And with all the tenacity (and veracity) of Monty Python’s Black Knight, the New York Times stands athwart that bridge, declaring: “None shall pass.”

The Times’ latest attempt to parry the thrust for educational freedom is this story attacking education tax credit school choice programs: “Public Money Finds Back Door to Private Schools.” No doubt this story has legs…but not for long.

Let’s begin with the title, which claims that private donations to private scholarship organizations are “public money” because they qualify for a tax credit. It’s a simple claim that is simply not true. As has been recently reported:

the genius of [tax credit programs] was that the money would never go into public accounts, making it less susceptible to court challenges…. As predicted, tax credits have thus far withstood legal challenges, most recently when the Supreme Court upheld Arizona’s program last year.

Perhaps the editors of the NYT were simply unaware of the report above—and unaware of the Supreme Court decision it cites (ACSTO v. Winn) explicitly stating that tax credited donations are not public money. But here’s the thing, the quote above is actually from the same story on which the Times slapped the “Public Money…” headline. So either the NYT’s editors don’t read their own stories, or they’re knowingly presenting a false statement to their readers in big, bold type. I can understand someone not wanting to read the NYT every day, but surely they’ve managed to find editors willing to do so?

Next, let’s talk about the story’s lede….

This is where a paper puts the bit that they expect to rouse the most reader interest or indignation. What we have is an anecdote about a single Georgia scholarship granting organization (SGO) that just might be allocating donations in a way that donors would not approve of. But here’s the thing: there are a lot of different SGOs. If you decide that you don’t like the way one SGO is using your donations… you can stop donating to it. You can then look at other SGOs to find one you think is well run. You can even stop donating to SGOs entirely if you don’t find a single one that meets your standards. The system is quite responsive to the donor/taxpayer’s concerns.

Now let’s compare that to the status quo in America, under which every taxpayer must pay for the state school monopoly in their area regardless of its performance, efficiency, or institutional ethics. How’s that workin’ out? Since we’re talking about Georgia, surely it’s relevant to bring up the epic cheating scandal that exploded in the Atlanta Public School District less than a year ago. The Georgia Bureau of Investigation found that 178 teachers and administrators had systematically defrauded children of an education by falsifying the students’ state test sheets to make it look as though they were really learning. Can taxpayers cut off their funding to the district? No. Can they expect swift and complete justice? Nope. Even though 82 of the perps had already confessed last July, only one had been fired as of 8 weeks ago.

So which system is better equipped to deal with inevitable human frailties; the one that lets donors pull funding as soon as they have the first hint of concern, or the one that they have to keep funding no matter how suffused with corruption it becomes? Hmm?

Next, the Times demonstrates remarkable cruelty to animals by trotting out the rhetorical jade that we live in a “time of deep cutbacks in public schools.” Perhaps they felt safe making this claim knowing that the federal government’s education statistics are usually 3 or more years out of date, and hence don’t cover the most recent years of our economic downturn. If so, they must have thought no one would give credence to the up-to-date numbers published by a well-known private organization: nominal public school spending increased every single year between 2001-02 and 2011-12—both in the aggregate and per-pupil. Even after the Great Recession, even after adjusting for inflation, we’re still spending 10.6% more per pupil than we were when we had just crested the tech boom back in 2001-02. What right-wing group came up with these astonishing numbers? Was it the left’s current bête-noire, ALEC? Actually, it was the N. E. A.

Finally, some paragraphs into the piece, the Times comes up with a concern that almost has merit: some private schools that serve scholarship-receiving students have a pedagogical emphasis that some taxpayers might disagree with. The examples offered are sports and religion, but many others could no doubt be suggested. And a strong case could be made that taxpayers in a free society should not be compelled to pay for the teaching of ideas they find objectionable. In fact, such a case was already made over two hundred years ago by Thomas Jefferson, who wrote that “to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves… is sinful and tyrannical.” That quote comes from the Virginia Act Establishing Religious Freedom, enacted in 1786 and subsequently used as the model for state constitutional clauses all over the country banning such “compelled support.”

So why do I say that the Times’ concern “almost” has merit? Because it doesn’t apply to education tax credits. No one is compelled to support any SGO, and those who do choose to make a donation get to select the SGO that receives their money. What the Times seems not to have realized is that this concern actually does apply to… the public school system it is trying so ineptly to defend. Taxpayers’ options under state schooling are to keep funding the system or go to jail, but it is not hard to imagine that some taxpayers may disbelieve the ideas taught by public schooling. Consider the story from just a few days ago about the public school teacher who taught her students that they could be arrested for speaking ill of the President. Or consider the Times’ evident disdain for private schools that focus on sports to the perceived detriment of academics. No one has to fund such schools under an education tax credit system, but we all have to fund them under the government monopoly status quo. Is this news (that didn’t fit) to the New York Times?

Next, the Times laments that SGOs cost money to operate. “Hundreds of thousands of dollars… in some cases”! Let’s say, for the sake of argument, that you are a fiscal hawk just like the New York Times, and that you’re desperately concerned about the efficiency with which your education dollars are spent. Which system should you prefer, tax credits or the public school monopoly? As it happens, Florida’s k-12 scholarship tax credit is raising academic achievement at less than half the per pupil cost of the traditional state-run schools.

According to a statistical study commissioned by the Florida legislature and authored by David Figlio, students accepting scholarships to attend private schools under the state’s tax credit program enjoy improved academic achievement. According to a second study co-authored by Figlio and Cassandra Hart, the program also improves achievement of students who remain in public schools [see previous link].

Of course the Times story mentions that Figlio has studied Florida’s tax credit program… but it doesn’t report what he found. Apparently, a significant positive academic impact is not relevant to a NYT education story if it comes from a program outside the control of the state monopoly school system. Print readers are left entirely in the dark about these facts. The online NYT version of the article links to a .pdf file of one of the studies without comment, but even the subset of Web readers who take the time to click through and read it will only get half the story. Those who read the Times’ story on other on-line sites that lack links won’t get even that.

But what of the charge that “some of the programs have become enmeshed in politics.” Even coming from the NYT this line of argument is difficult to believe. Has it not occurred to them that state schooling has been soaking in politics since its inception? Are they unaware that the public school employee unions—whose funding comes entirely from compulsory taxation—spend more on federal politics than Chevron, Exxon Mobil, the NRA, and Lockheed Martin combined? Or that between 93 and 99 percent of those political contributions have gone to Democrats? Surely they must be aware of news coverage like this:

 If unions are the Democratic Party’s base, then teachers’ unions are the base of the base. The two national teachers’ unions — the American Federation of Teachers and the larger National Education Association — together have more than 4.6 million members. That is roughly a quarter of all the union members in the country. Teachers are the best field troops in local elections. Ten percent of the delegates to the 2008 Democratic National Convention were teachers’ union members.

But then again, maybe they haven’t read it. After all, it ran in the New York Times Magazine.

Against public schooling’s multi-generation legacy of arch political partisanship, the Times complains that businesses might endear themselves to politicians by… helping poor kids get a good education. They present no evidence of an illegal quid pro quo—just the haunting specter that someone in political office might be gratified if a business helps kids learn. They have it precisely backwards. The real problem is that there are so many in political office who would not be gratified by such an act, because their own political lives depend on teachers’ union donations coercively squeezed out of taxpayers thanks to the government-protected monopoly on k-12 schooling.

Years ago, we were told that the legacy media were distinguished by their “multiple layers of fact checking”. This NYT article, like most NYT articles on education, is certainly comprised of multiple layers of something… but it doesn’t smell like fact checking.

From Cybercrime Statistics to Cyberspying

Someone finally decided to examine “cybercrime” statistics, and here’s what they found:

The cybercrime surveys we have examined exhibit [a] pattern of enormous, unverified outliers dominating the data. In some, 90 percent of the estimate appears to come from the answers of one or two individuals. In a 2006 survey of identity theft by the Federal Trade Commission, two respondents gave answers that would have added $37 billion to the estimate, dwarfing that of all other respondents combined. This is not simply a failure to achieve perfection or a matter of a few percentage points; it is the rule, rather than the exception. Among dozens of surveys, from security vendors, industry analysts and government agencies, we have not found one that appears free of this upward bias.

That’s Dinei Florêncio and Cormac Herley of Microsoft Research in a New York Times piece entitled: “The Cybercrime Wave That Wasn’t.”

You see, cybercrime statistics have been generated using surveys of individuals and businesses, but you can’t generate valid numerical results that way. An opinion poll’s errors will naturally cancel out—there are a roughly equal number of wrongly stated “thumbs-up”s and “thumbs-down”s.

When you ask people to estimate losses, though, they can never estimate less than zero, so errors will always push results to the high side. High-side errors extrapolated society-wide drive the perception that cybercrime is out of control.

There are more drivers of excess insecurity than just bad loss estimates. There are also data breach notification laws, which require data holders to report various kinds of personal data spillage. These reports are the high-tech, grown-up version of a favorite schoolyard taunt: “Your epidermis is showing!” Epidermis is, of course, a scientific name for skin. It often doesn’t matter that one’s epidermis is showing. The questions are: What part of the epidermis? And what social or economic consequences does it have?

Most breached data is put to no use whatsoever. A 2005 study of data breaches found the highest fraudulent misuse rate for all breaches under examination to be 0.098 percent—less than one in 1,000 identities. (The Government Accountability Office concurs that misuse of breached data is rare.) Larger breaches tend to have lower misuse rates, which makes popular reporting on gross numbers of personal data breaches misleading. Identity frauds are limited by the time and difficulty of executing them, not by access to data.

Why does excess cyber-insecurity matter? Doesn’t it beneficially drive companies to adopt better security practices for personal data?

It undoubtedly does, but security is not costless, and money driven to data security measures comes from other uses that might do more to make consumers better off. More importantly, though, data breach agitation and distended crime statistics have joined with other cybersecurity hype to generate a commitment in Congress to pass cybersecurity legislation.

Cybersecurity bills pending in both the House and Senate could have gruesome consequences for privacy because of “information sharing” provisions that immunize companies sharing data with the government for cybersecurity purposes. The potential for a huge, lawless cyberspying operation is significant if anyone can feed data to the government free of liability, including the privacy protections in property law, torts, and contract. Congress would not improve things by regulating in the name of cybersecurity, and it just might make things a lot worse.

It is ironic that overwrought claims about cybercrime and data breach could be privacy’s undoing, but they just might.

Randy Barnett and the Health Care Overhaul

Cato senior fellow Randy Barnett is featured on the front page of today’s New York Times as the chief academic critic of the constitutionality of the 2010 health care law. He spoke at Cato on that topic last Friday; video here.

The article notes his longstanding interest in the Ninth Amendment, the subject of his book published by Cato and the George Mason University Press in 1989, The Rights Retained by the People: The History and Meaning of the Ninth Amendment.

Professor Barnett also cooperated with Cato on his most recent book, Restoring the Lost Constitution: The Presumption of Liberty.

A Do-It-Yourself Guide to Cutting the Military Budget

The New York Times has posted a handy tool for calculating savings from the Pentagon’s budget over the next ten years. I went through the exercise, and my plan resulted in cuts of $1.144 trillion over ten years. Had I checked all of the boxes in the Times’s calculator, it would have generated savings of up to $1.4 trillion.

Though I support reform of the the military retirement system, I think some of these proposals go too far (they would have saved up to $86.5 billion). We should continue to spend money recruiting the very best force, comprised of the most-qualified men and women ($5 billion), and we might find it hard to do that if/when the economy improves. Tuition assistance is a key factor driving recruitment, and I wouldn’t scale that back ($5 billion). (Full disclosure: I attended college on an NROTC scholarship.) We need the best possible services for families, and I could foresee problems with closing elementary and secondary schools on bases ($10 billion). And I have no particular quarrel with military bands ($0.2 billion). My ideal military will be smaller and more elite, but likely better compensated than today’s force. And retirees would continue to receive many benefits not enjoyed by their fellows who never served, but we should experiment with ways to control costs. The key take-away, and the one stressed in the accompanying story by Elisabeth Bumiller and Thom Shanker, is that it is possible to reduce military spending, and the resulting force will still be larger and more capable than any conceivable combination of rivals.

A few additional observations:

1) The Times’s calculator cites my and Ben Friedman’s contribution to the Sustainable Defense Task Force report, “Debts, Deficits, and Defense,” but the main part of the report was the work of the entire task force, and they deserve proper credit. I am particularly grateful to Carl Conetta and Charles Knight of the Project for Defense Alternatives.

2) Ben and I published a stand-alone report a few months later with some numbers drawn from the SDTF report, and with some additional detail surrounding our proposals that were not endorsed by all SDTF members. Our savings were calculated against the baseline from fiscal year 2010, and these numbers are now a bit dated.

3) When I hit the submit button comparing my choices with others who participated in the exercise, I discovered 80 percent of respondents supported the plan to reduce forces in Europe and Asia. That sort of systematic restructuring is necessary to ensure that we don’t impose undue burdens on what will necessarily be a smaller force. As I have said repeatedly, if we are going to spend less, we must expect our troops to do less, and expect other countries to do more.

Tuesday Agriculture Links

Some interesting links on agriculture in the news today.

First, a terrific front-page article in the New York Times, about what my friend Vince Smith so accurately calls the “bait-and-switch” farmers are proposing in their offer to give up direct payments (subsidies that flow to farmers regardless of prices or production) in exchange for a new revenue insurance program.  As Vince so rightly points out, because the new revenue targets will be based on today’s current record crop prices, “If farm prices move back towards what are widely viewed as more normal levels than their current levels, farmers will be compensated for going back to business as usual.”  Vince blogs here about the proposed new revenue assurance program, and how it could end up costing us just as much as the current set of programs.

Farmers and their congressional sponsors are still blathering about “proportionality,” essentially saying that they should not have to contribute any more to budget cuts than any other area of the federal government. Here, for example, is a corn farmer, towing the party line:

“We are very much aware of the budgetary constraints of the federal government,” said Garry Niemeyer, an Illinois farmer who is president of the National Corn Growers Association. “We want to do our part as corn growers to help resolve those issues, but we only want to do our proportional part. We don’t want to have everything taken out on us.” [emphasis added]

This is wrong-headed. I’ve said it before, I’ll say it again: “proportionality” implies that everything the federal government currently does is equally valid. That is nonsense.  Some programs are legitimate, some less so. Some—like farm subsidies—not at all. Spending cuts should be made on the basis of legitimacy, not by some abstract formula equally applied. We should be reshaping (in a downward direction) the federal government here, not trimming a topiary hedge.

Second, Bloomberg.com has a good overview on the current state of the negotiations between the Congressional agriculture committees and the deficit-reduction supercommittee regarding the cuts to farm programs. The leaders of the agriculture panels have written a letter to the supercommittee, saying that cuts to agriculture programs should be limited to $23 billion and those cuts ”should absolve the programs in our jurisdiction from any further reduction.” So there.

Finally, here are Senators Mark Kirk (R-Ill.) and Sen. Jeanne Shaheen (D-N.H.)  on the wasteful and expensive sugar program.

Lawyers and Their Licenses

What do the New York Times, the Brookings Institution, and the Cato Institute have in common?  Turns out we agree on deregulating the legal profession. 

From a Times editorial:  “Another step is to allow nonlawyers into the mix. The American Bar Association has insisted that only lawyers can provide legal services, but there are many things nonlawyers should be able to handle, like processing uncontested divorces. “

From a Brookings op-ed: “It would be better to deregulate the provision of legal services. This would lower prices for clients and lead to more jobs.”

From a Cato paper: “Every state except Arizona prohibits the unauthorized practice of law (UPL); a person must possess an attorney’s license to hold himself out as a lawyer. UPL prohibitions restrict the right to pursue a legitimate occupation and the right to contract with others. By imposing a costly barrier to entry, they distort the market for legal services. Consequently, consumers face higher prices and fewer choices.”

It’s unanimous.  Get going state lawmakers—deregulate the legal profession.