Sept 24, 2009 (BTOP grants in Nov)
We're (still) trying out new links today -- tell us what you think (again)!
BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, SEPTEMBER 24, 2009
Another busy day in policyland http://bit.ly/uXbUB
NATIONAL BROADBAND PLAN & THE STIMULUS
NTIA to begin awarding broadband stimulus grants in November
FCC Still Looking for Broadband Ideas
FCC Seeks Spectrum for Broadband
Spectrum and the National Broadband Plan
FCC Seeks Input on Broadband Deployment and Adoption on Tribal Lands
FCC Commissioners Address Role of Broadband in Aiding Minority Communities
Broadband Imperatives for African Americans
Federal Government Spends Stimulus Money Faster Than Expected
NETWORK NEUTRALITY
FCC Chair To Face off With Wireless Industry
Senate Republicans Scrap Anti-Net Neutrality Push
FCC: Congress said we could spank Comcast for P2P blocking
Network Neutrality And Beyond
GOVERNMENT & COMMUNICATIONS
Democrats Seek to Tighten Oversight of Surveillance Methods
Courts Wrestle With Searches When the Evidence Is Digital
No Increase in "Too Much" Obama Despite Media Blitz
JOURNALISM
A balanced 'shield law'
Little Public Support for Newspaper Industry Bailout, Poll Finds
How Spot.Us could help save journalism
TELEVISION/RADIO
Lots of Leftovers as FM Auction Comes to a Close
Arbitron: House Report On Minority Undercount Doesn't Add Up
Nielsen May Join With CIMM
HEALTH IT
Rep. Kennedy: Reform heightens urgency of health IT
Hospitals becoming wireless hotbeds
POLICYMAKERS
Bergmann, Jacobs Appointed to USAC Board
Lobbyists on Agency Boards and Commissions
New NEH Chairman Takes Aim at the Cultural Wars
ED TECH
Online High Schools Test Students' Social Skills
Recent Comments:
Heat over FCC hires
Industry group: OK for iTunes to block Palm Pre
NATIONAL BROADBAND PLAN & THE STIMULUS
NTIA TO BEGIN AWARDING BROADBAND STIMULUS GRANTS IN NOVEMBER
[SOURCE: Fierce, AUTHOR: Phil Goldstein]
The National Telecommunications and Information Administration, along with the Department of Agriculture's Rural Utilities Service, is still sorting through nearly $28 billion worth of applications for broadband stimulus grants--nearly seven times the $4 billion available for the program in this first round. However, the NTIA hopes to begin awarding the first round of its grants in early November, according to Anna Gomez, NTIA's deputy administrator and deputy assistant secretary for communications and information. Later this fall, the agency will solicit comments on the first round of grants and gather best practices. Then, by late winter, the NTIA is to receive the second round of applications. Currently, the NTIA is deciding whether to combine the second round of applications with a third round, though Gomez emphasized that a decision had not been made either way. Additionally, the NTIA is set to receive broadband mapping data from states by February.
benton.org/node/28145 | Fierce
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FCC STILL LOOKING FOR BROADBAND IDEAS
[SOURCE: IDG News Service, AUTHOR: Grant Gross]
Speaking at a OneWebDay event, Levin, executive director of the FCC's omnibus broadband initiative, said the Federal Communications Commission is still looking for ideas on how to bring broadband to all corners of the US and to increase subscriber numbers. "It ain't going to be done just at the FCC," Levin said. "There's no way in the world that those of us who are blessed to have the opportunity to work on this full time can actually answer the tough questions." Levin, speaking mainly to broadband activists, said it's more important than ever to bring broadband to parts of the country that don't have it. More than three quarters of U.S. companies now accept resumes only online, he said, and a recent survey found that 68 percent of high school students use the Internet as their primary tool for researching assignments. "What does that mean for the kids who aren't online?" he asked. "How can they compete? The cost of digital exclusion is growing."
benton.org/node/28144 | IDG News Service
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SPECTRUM FOR BROADBAND
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission is seeking comment on the sufficiency of current spectrum allocations in spectrum bands, including but not limited to the prime spectrum bands below 3.7 GHz, for purposes of the Commission's development of a National Broadband Plan (Plan) pursuant to the American Recovery and Reinvestment Act of 2009. Specifically, participants in the proceeding have raised the issue that the United States will not have sufficient spectrum available to meet demands for wireless broadband in the near future. In this Public Notice, the FCC seeks additional comment on the fundamental question of whether current spectrum allocations, including but not limited to the prime bands below 3.7 GHz, are adequate to support near- and longer-term demands of wireless broadband. The FCC requests that commenters responding to this Public Notice provide detailed, fact-based responses and to the extent possible provide quantitative data and analytical justification for their arguments. The FCC asks that commenters address: 1. What is the ability of current spectrum allocations to support next-generation build-outs and the anticipated surge in demand and throughput requirements? 2. What spectrum bands are best positioned to support mobile wireless broadband? 3. What spectrum bands are best positioned to support fixed wireless broadband? 4. What are the key issues in moving spectrum allocations toward their highest and best use in the public interest? 5. What is the ability of current spectrum allocations to support both the fixed and mobile wireless backhaul market? Comments are due October 23; replies are due November 13.
benton.org/node/28143 | Federal Communications Commission
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SPECTRUM AND THE NATIONAL BROADBAND PLAN
[SOURCE: Federal Communications Commission, AUTHOR: Phil Bellaria]
Three conclusions to draw from the Federal Communications Commission's National Broadband Plan workshop on spectrum: 1) The usage of wireless broadband services is growing at a faster rate than technological advances and other innovations to make more efficient use of spectrum. At some point, therefore, we will face a spectrum supply-demand imbalance. 2) There are numerous approaches to address the supply-demand imbalance, all of which are important and none of which can alone solve the problem. 3) Wireless broadband service is critical to solving our broadband deployment and adoption challenges.
benton.org/node/28154 | Federal Communications Commission
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BROADBAND DEPLOYMENT AND ADOPTION ON TRIBAL LANDS
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission is seeking comment on identifying and remedying barriers to broadband deployment and adoption on Tribal Lands. This Public Notice seeks comment on specific barriers to broadband deployment and adoption in Indian Country and how can they be reduced or eliminated. An initial problem in addressing these issues is the current lack of data on the extent of broadband deployment and adoption on Tribal lands. In recently filed Joint Comments, Native Public Media (NPM), an organization promoting radio broadcasting and media ownership by Native communities, and the National Congress of American Indians (NCAI), the largest national organization representing federally recognized Tribal government entities, estimate that "Tribal penetration [of broadband deployment ] hovers somewhere around f5%." The FCC is asking for by November 9; replies by December 9.
benton.org/node/28142 | Federal Communications Commission
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FCC COMMISSIONERS ADDRESS ROLE OF BROADBAND IN AIDING MINORITY COMMUNITIES
[SOURCE: BroadbandCensus.com, AUTHOR: Mercy Gakii]
Federal Communications Commission Chairman Julius Genachowski on Tuesday highlighted the importance of a robust broadband network for issues pertaining to security, safety and the provision of healthcare. "But we cannot have the provision of these services without access to broadband to all people. To have electronic medical records, for instance, will require the health facility to be connected to Internet," said Chairman Genachowski during a luncheon address. He was speaking at an event of the Joint Center for Political and Economic Studies. Chairman Genachowski and FCC Commissioner Michael Copps also addressed the role that broadband could play in reaching out to minority communities. The time couldn't be more opportune for change towards a more Internet and broadband connected America, said Commissioner Copps. He also highlighted the role of good data in driving towards the national broadband plan. He also said the agency is happy, so far, with the contributions to the agency's workshops on broadband.
benton.org/node/28156 | BroadbandCensus.com
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BROADBAND IMPERATIVES FOR AFRICAN AMERICANS
[SOURCE: Joint Center for Political and Economic Studies, AUTHOR: ]
A look at the disparities currently existing among different race and ethnic groups and the barriers African Americans are facing on broadband adoption. A set of policy recommendations to increase broadband adoption among minorities are illustrated in Section II with three case studies. Section II also recommends ways broadband could be used to improve healthcare, education and employment. The last section details the call for action from African American elected officials committed to helping government and industry overcome these barriers and increase sustainable broadband adoption for African Americans.
benton.org/node/28155 | Joint Center for Political and Economic Studies | Full report
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FEDERAL GOVERNMENT SPENDS STIMULUS MONEY FASTER THAN EXPECTED
[SOURCE: New York Times, AUTHOR: Michael Cooper]
The federal government is spending stimulus dollars slightly faster than originally expected, according to a government report issued Wednesday, but some programs have been hampered or delayed by confusion over some of the law's requirements. The government has already paid out around $48 billion of the $49 billion that was expected to go to states and localities in the fiscal year that ends on Sept. 30, putting the rate of spending slightly ahead of schedule, according to the report, which was issued by the Government Accountability Office. The vast majority of the money spent so far — 84 percent — was provided in the form of extra Medicaid and education money to keep states afloat during the downturn; about 4 percent of it was for highway construction. When direct federal spending to contractors and other parties, as well as tax relief, are included in the tally, more than $150 billion worth of stimulus money has been pumped into the economy so far.
benton.org/node/28153 | New York Times
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NETWORK NEUTRALITY
FCC CHAIR TO FACE OFF WITH WIRELESS INDUSTRY
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
When Federal Communications Commission Chairman Julius Genachowski speaks at a wireless industry conference next month, he will face an audience that has been under extra scrutiny since he's come to the agency and, as a result, feels besieged. Chairman Genachowski will speak Oct. 7 at the CTIA-The Wireless Association's conference, which is focused on business wireless providers and mobile entertainment. He proposed new rules last Monday to ensure that consumers can access whatever content they want on the Web through any device. CTIA immediately responded by saying such rules shouldn't apply to the thriving mobile market, because it faces different bandwidth constraints from other broadband Internet providers. The FCC says there will be a discussion on how such considerations should be reflected in the "net neutrality" rules, but Genachowski has stressed that the rules should apply be across any Internet technology platform -- DSL, cable, and wireless included. The FCC, at the request of lawmakers, also has launched a review of the wireless industry, examining whether practices such as exclusive partnerships between carriers and handset makers unfairly elbow out competitors and restrict choices for consumers.
benton.org/node/28141 | Washington Post
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SENATE REPUBLICANS SCRAP ANTI-NET NEUTRALITY PUSH
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Senate Republicans have stopped their push to prevent funding for the Federal Communication Commission as a protest of proposed Network Neutrality rules. "While we are still generally opposed to net neutrality regulations, we have decided to hold off on the amendment because [FCC Chairman Julius Genachowski] approached us and we are beginning a dialogue," said a staff member on the committee. An official at the FCC confirmed that Chairman Genachowski, who on Monday introduced a proposal for net neutrality rules, called Republican members who criticized his move, saying it could hurt the businesses of network operators. The call was intended to begin a conversation about the proposal that would prevent Internet service providers from blocking Web content and services. Rebecca Arbogast, head of technology policy research at Stifel Nicholas, had said the move was a standard vehicle for Congress to block what regulatory agencies were trying to achieve in the executive branch or in a regulatory agency. "But the likelihood of it getting passed it pretty low. This is standard procedure and a time-honored tradition but the Republicans are in the minority."
benton.org/node/28140 | Washington Post
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FCC: CONGRESS SAID WE COULD SPANK COMCAST FOR P2P BLOCKING
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
The Federal Communications Commission has taken on the tricky legal task of asserting its authority over the Internet, telling an appeals court that, contrary to what Comcast says, the FCC did too have the legal power to sanction the ISP for BitTorrent throttling last year. Comcast is suing the agency over the move. "Congress created the FCC for cases such as this one. Congress gave the agency broad and adaptable jurisdiction so that it can keep pace with rapidly evolving communications technologies," the FCC wrote on Monday in a brief submitted to the United States Court of Appeals Before the District of Columbia Circuit. "The Internet is such a technology." This could be a tough sell for the DC Circuit, given that on the same day as the filing, FCC Chair Julius Genachowski called for the agency to turn its Internet Policy Statement into full-fledged Network Neutrality rules, along with new principles of transparency and non-discrimination. The policy statement commits the Commission to ensuring that consumers can use the legal applications of their choice on the 'Net. But critics say that it's just a guideline-type philosophical statement and nothing more, and it lacks the Congressional backing needed to stand up in court.
benton.org/node/28139 | Ars Technica | Wired
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NET NEUTRALITY AND BEYOND
[SOURCE: National Public Radio, AUTHOR: David Weinberger]
[Commentary] Network neutrality rules are only necessary because the way we deliver Internet in this country waves at least three major Temptations to Discriminate in the faces of the access providers. 1. A provider may want to gain advantage over a competitor's services — like Apple not allowing Google's phone service on the iPhone. 2. It may honestly believe that its users want it to give the delivery of (for example) video priority over the delivery of e-mails or search results. 3. Or, it may view discrimination as triage necessary to handle high volumes of traffic. Net neutrality rules out the first two. First, it says that it's anti-competitive for access providers to use their position to tilt the market toward their own services or content. Second, net neutrality says that it's not up to the access provider to decide what the Internet is "really for." The third temptation is where Monday's proposal from Chairman Genachowski will find the most contention. Working out how net neutrality should be applied to network management issues is going to take court battles to make sure network management isn't being used as a Trojan horse for the first two types of discrimination. (David Weinberger is a Senior Researcher at Harvard's Berkman Center for Internet & Society.)
benton.org/node/28138 | National Public Radio
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GOVERNMENT & COMMUNICATIONS
DEMOCRATS SEEK TO TIGHTEN OVERSIGHT OF SURVEILLANCE METHODS
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
Democratic lawmakers are pressing the Obama administration to strengthen civil liberties protections against surveillance methods used in counterterrorism investigations, but senior Justice Department officials this week declined to endorse or reject their calls. At hearings in the House and Senate, the officials repeatedly said they had no position yet on legislation that Democrats have introduced that would tighten standards and oversight of surveillance tools authorized under laws including the USA Patriot Act. "We are trying to figure out whether the provisions that are suggested there will work for us as is, or perhaps with modifications," David S. Kris, assistant attorney general for national security, said at a Senate Judiciary Committee hearing Wednesday on whether to renew a trio of Patriot Act powers set to expire Dec. 31. Those provisions allow investigators to use "roving wiretaps" to monitor suspects who may be trying to escape detection by switching cellphone numbers; obtain from third parties the business records of national security targets; and track "lone wolf" suspects who may not belong to a terrorist group but may be planning attacks.
benton.org/node/28152 | Washington Post
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COURTS WRESTLE WITH SEARCHES WHEN EVIDENCE IS DIGITAL
[SOURCE: Wall Street Journal, AUTHOR: John Emshwiller]
For decades, investigators have known that if they enter a suspect's home with a search warrant to look for illegal guns and find sacks of cocaine lying on the coffee table, they can seize the drugs even though the warrant only gave them permission to look for the guns. That is because courts have said authorities can act on evidence of a second crime that was in their "plain view." But how does the concept of plain view apply to the modern technology of a computer, which might have thousands of files that are easily scrolled, or a cellphone, which can contain all manner of incriminating pictures? A recent ruling by the federal Ninth Circuit Court of Appeals addressed this question, and the decision could reshape what government investigators can -- and can't -- do when searching digital devices for evidence of crime.
benton.org/node/28151 | Wall Street Journal
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NO INCREASE IN "TOO MUCH" OBAMA DESPITE MEDIA BLITZ
[SOURCE: Pew Research Center for the People & the Press, AUTHOR: Andrew Kohut et al]
The number of Americans who say they are hearing too much about President Obama has not increased since mid-summer, despite the president's high media visibility. Still, 37% say they are hearing too much about Obama. Since Labor Day, Obama has addressed a joint session of Congress about health care legislation, spoken to the nation's school children and appeared on five Sunday news talk shows in one day. According to the latest weekly News Interest Index survey, conducted Sept. 18-21 by the Pew Research Center for the People & the Press, a plurality (47%) say they are hearing the right amount about Obama and another 12% say they are hearing too little. In the survey, which was in the field as Obama appeared on the Sunday talk shows on Sept. 20, Americans continue to say they are highly interested in the health care debate: 36% say it was the story they followed most closely last week, more than double the percentage for any other major story. But despite that interest, relatively few (19%) say they heard a lot last week about Senate Finance Chairman Max Baucus unveiling details of his health care proposal. The debate over health care reform got more media coverage than any other story, taking up 17% of the newshole analyzed by the Pew Research Center's Project for Excellence in Journalism. That was down from 32% of coverage the previous week when Obama delivered his address to Congress. The president also continued to be the top newsmaker as measured by PEJ.
benton.org/node/28149 | Pew Research Center for the People & the Press
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JOURNALISM
A BALANCED 'SHIELD LAW'
[SOURCE: Los Angeles Times, AUTHOR: Editorial staff]
[Commentary] After waiting nearly 40 years for Congress to protect journalists' right not to disclose confidential sources, news organizations -- and the public they serve -- can't complain too vociferously about a brief postponement last week of a Senate Judiciary Committee vote on a "shield law" approved by the House in March. Still, the Senate's sluggishness in requiring federal courts to respect a privilege recognized by two-thirds of the states is disappointing. So is the Obama administration's failure to provide support for allowing a judge to decide, in national security cases, whether the public interest in forcing a reporter to violate a vow of confidentiality outweighs the importance of the news-gathering at issue. This "balancing test" in the bill is crucial if prosecutors are to be prevented from exaggerating the harm that will result when a reporter honors such a pledge.
benton.org/node/28150 | Los Angeles Times
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LITTLE PUBLIC SUPPORT FOR NEWSPAPER INDUSTRY BAILOUT
[SOURCE: Editor&Publisher, AUTHOR: Mark Fitzgerald]
Nearly 8 out of 10 Americans would oppose any plan to spend tax dollars to aid failing newspapers, according to a poll on news media trustworthiness released Wednesday. That reluctance might have something to do with the fact that 38.1% of respondents to the poll by Sacred Heart University said they are reading newspapers less often than five years ago. Or the fact that nearly half, 45%, said they think the Internet is "adequately covering for failing newspapers." Just 35.6% disagreed with that statement. The third annual Sacred Heart poll found substantial support for the notion that good journalism ensures a healthy democracy, with 64.1% in agreement. On the other hand, the poll found Americans do not believe they are getting "good journalism." Just under 68% of respondents agreement with this statement: "Old-style, traditionally objective and fair journalism is dead."
benton.org/node/28136 | Editor&Publisher
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TELEVISION/RADIO
LOTS OF LEFTOVERS AS FM AUCTION COMES TO A CLOSE
[SOURCE: Broadcast Law Blog, AUTHOR: Brendan Holland]
The Federal Communications Commission's auction of 122 FM radio licenses came to a close last week with nearly a third of the licenses -- 37 to be precise -- remaining unsold at the closing hammer. The outcome of the auction, which raised a net total of just $5.25 million on the sale of 85 licenses, may be seen by some as but the latest example of the current state of the radio industry. As others have noted , the auction did not attract much attention from the beginning, with many of the qualified bidders depositing only small amounts of money, signaling that interest in the slate of licenses was not very keen.
benton.org/node/28132 | Broadcast Law Blog
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ARBITRON: HOUSE REPORT ON MINORITY UNDERCOUNT DOESN'T ADD UP
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Arbitron says the House Oversight and Government Reform Committee, which is headed by Rep Edolphus Towns (D-NY), came to "erroneous conclusions" in an analysis of the company's Portable People Meters (PPMs). Those included that the ratings company was not sufficiently recruiting Spanish-dominant Hispanics for its survey. The committee has been looking into complaints that the PPMs undercount minority viewers, including African Americans and Hispanics. "Over the last four months, Arbitron has been actively engaged with Chairman Towns and the Oversight Committee Staff. Arbitron has been open and forthcoming, supplying detailed information, answering questions and providing proactive recommendations to address the challenges faced by minority broadcasters. We were aware of the Committee's contact to the Media Rating Council (MRC) and we are extremely surprised and disappointed at the analysis and erroneous conclusions reached by the Oversight Committee Staff and communicated in their press statement," Arbitron said.
benton.org/node/28137 | Broadcasting&Cable
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NIELSEN MAY JOIN WITH CIMM
[SOURCE: MediaPost, AUTHOR: David Goetzl]
Nielsen vice chair Susan Whiting said Wednesday the measurement company hopes to find a way to link with the fledgling consortium of media companies, advertisers and agencies intending to launch their own research initiative. The Coalition for Innovative Media Measurement is expected to issue requests for proposal looking for research companies to help study how best to track video consumption across multiple platforms. And separately, how to maximize viewing data from set-top boxes.
benton.org/node/28133 | MediaPost
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POLICYMAKERS
BERGMANN, JACOBS APPOINTED TO USAC BOARD
[SOURCE: Federal Communications Commission, AUTHOR: ]
Federal Communications Commission Chairman Julius Genachowski has added Scott K. Bergmann -- Assistant Vice President, Regulatory Affairs, CTIA - The Wireless Association -- and Ellis Jacobs -- Senior Attorney, Advocates for Basic Legal Equality -- to the Board of Directors of the Universal Service Administrative Company (USAC). Bergmann will represent Commercial Mobile Radio Service Providers and Jacobs will represent Low-Income Consumers. Bergmann is a FCC veteran. He served until recently as Senior Legal Advisor in the Office of FCC Commissioner Jonathan Adelstein. Prior to his service in Commissioner Adelstein`s office, Bergmann served as Legal Counsel to the Bureau Chief and then Deputy Chief of Policy for the Commission`s Wireline Competition Bureau. Bergmann began his tenure at the Commission as an Attorney-Advisor with the Industry Analysis Division in the Common Carrier Bureau
benton.org/node/28131 | Federal Communications Commission | FCC
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LOBBYISTS ON AGENCY BOARDS AND COMMISSIONS
[SOURCE: The White House, AUTHOR: Norm Eisen]
The White House has informed executive agencies and departments that it is "our aspiration" that federally-registered lobbyists not be appointed to agency advisory boards and commissions. These appointees to boards and commissions, which are made by agencies and not the President, advise the federal government on a variety of policy areas. Keeping these advisory boards free of individuals who currently are registered federal lobbyists represents a dramatic change in the way business is done in Washington.
benton.org/node/28130 | White House, The
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NEW NEH CHAIRMAN TAKES AIM AT CULTURAL WARS
[SOURCE: Washington Post, AUTHOR: Jacqueline Trescott]
Former-Congressman Jim Leach is now chairman of the National Endowment for the Humanities. Watching the changing of the guard at the NEH, conservative analysts raise just one concern. "One of the unstated victories of the Bush administration is that they took the politics and hot-button nature out of the NEH," says Michael Franc, the Heritage Foundation's vice president for government relations. "Since then, they seemed to be promoting great poems, great literature. There is a challenge for Mr. Leach . . . not to let the agency become politicized." Leach has a concern, too, and it cuts across liberal-moderate-conservative fault lines. In this era of Internet blasts and ornery town-hall meetings, Leach wants to buck what he considers one of the 21st century's most insidious trends: the end of civility. It's something he's been harping on since the mid-1990s. "I am appalled by the notion of cultural wars. We used to address ourselves as a melting pot, and diversity is a wonderful thing, but common objectives are also good," he says. For an advocate of tempered talk, the summer's brawls at the town halls on health care were unfortunate. "A little vibrancy of debate is reasonable," says Leach. "But I am amazed at how little attention is brought to words. We have a president who has been called a socialist, a communist, a fascist. And then I've heard the word 'secession.' "
benton.org/node/28147 | Washington Post
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