Posts Tagged ‘Supreme Court’
Antonin Scalia and Public Radio
It’s worth noting that back in the early 70s, when President Nixon was looking for ways to curtail federal funds to public broadcasting, he received advice from his then council for public broadcasting, future Supreme Court Justice Antonin Scalia. According to Andrew Giarolo, a doctoral candidate at Seton Hall in 2013 and author of, “Resolving the Debate on Public Funding for National Public Radio”, Mr. Scalia “crafted a policy by which local stations would drive programming choices.”
This was important at the time because there was a division within Congress between those who thought NPR should be a national network vs. those who thought federal funding should focus on stations developing a local-only programming policy. Both camps knew that the size of the voice affected the spread of the message. And since public radio had by then gained the reputation of being an “Eastern liberal institution”, conservatives in the White House, Congress and the courts wanted to make sure federal money wasn’t supporting it too strongly.
Programming is key because programming is expensive and needs to be paid for. Local stations didn’t have the budgets to create the kind of investigative reports that infuriated the Nixon adminstration, but networks and dedicated production facilities did. So attacking CPB funds was a key strategy by the right.
Although Scalia helped prepare legislation for submission to Congress that contained ideas for local stations to drive programming rather than NPR, it went nowhere. But, years later, NPR would itself create a system of diversified funding sources that included local stations, that would protect funding for programming and save it from budget attacks in the future.
An Impossible Question
I am listening to Terry Gross’ interview with Supreme Court Justice Sonia Sotomayor. Terry asked her, did she think she would be as successful as she was if she had had children?
I want to talk about the question for a minute, then about Justice Sotomayor’s response. The question asks the interviewee to speculate on an alternative reality that doesn’t exist and because it doesn’t exist, no answer is possible. It’s the kind of question most interviewers, most of the time avoid like the plague. Rather than asking the interviewee to relate an anecdote based on personal experience or share a fact based on professional training, “What if” questions make the interviewee address a decision about a ship that has long since sailed. And although their process might be valuable to a listener facing a similar choice, it asks something that is to some extent unfair.
Justice Sotomayor paused a long moment. In fact, the pause was so long that Terry realized she couldn’t answer it because, as they both simultaneously acknowledged, it was “an impossible question.” It is a question in the current tortuous vein for women, “Can you have it all?” Justice Sotomayor noted that there have been two women on the court who did have children. So she said she would like to think that she would have been just as successful with children as she has been without them. Her logic caused Terry to acknowledge and admit, “Exactly.” [NOTE: When I first wrote this post, I seem to remember hearing in the interview an audio response of “Of course”. But now the audio is “exactly” so I have changed it to that].
But she also reinterpreted Terry’s question, saying “Can women have it all?” is the wrong question, and substituting it with “What makes you happy as a person?” Success, she inferred, was dependent on what a person has the will and drive to do regardless of circumstances. And she was totally gracious with the rest of her response, which led Terry to move on to a different question about her earlier work in a District Attorney’s office.
Sometimes, an interviewer comes up with a list of questions, and they all look good. Then, they cut the list down to what they think are the best questions. But sometimes, the don’t realize that there’s still a klunker among them. A question that, if they were to hear someone else ask it, they might think to themselves, “That’s an impossible question. How could anybody ever answer that?” A question that attempts to group groups, not by desire and capability but societal expectations. Is it a question that puts interviewees in a box or gives them the chance to bust up the box?
And the ultimate test of the question is, would it have been asked of a man? You can hear Justice Sotomayor’s hesitation after the question is asked here at about 32:04.