E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The problem with Liar’s Poker is once you play you cannot
stop the game.
For many years Republicans have taken advantage of a
phenomenon well known to social scientists. Many Americans, conservatives in
particular, tend to cling more tightly to their beliefs when the media exposes those beliefs as
false. People who believe that climate change
is a hoax tend to become more wedded to that belief after reading a New York Times article detailing how much of the Arctic icecap melted this
January and the environmental consequences of that phenomenon. Given this cognition process, bad publicity is good publicity. The more evidence the Times and related outlets provide that, say, Planned Parenthood improves health outcomes in communities, the more conservative voters can be trusted to support cutting off funds to that organization.
The problem conservatives presently face is they need media allies in their effort to discredit Donald Trump. This requires people primed for over a generation to disbelieve what the New
York Times says about science on page 3, column d to be primed in the next week to believe what the Times
says about Trump on page 5, column b. Media reports on Trump University must be credible in a way that media reports on Marco Rubio's personal finances are not. Alas, life does not work that way. Republicans themselves established the drug that explains Trump's electoral immunity to scrutiny. That Fox News
seems eager to join the Times in discrediting Trump is besides the point. The Republican argument has always been that what
the ordinary citizen feels to be right is right, regardless of what anyone in
the mass media says. Fox News, Republicans are learning the hard way, is no more believable than the New York Times when that outlet contradicts what Trump supporters want to believe.
If Marco Rubio, Ted Cruz, Dick Cheney and others are correct that the elite mass media is systemically misinforming America about nuclear
weapons in the Middle East, climate change, Planned Parenthood, and the
economic consequences of regressive taxes, why should anyone believe what the elite mass media says about Donald Trump. Donald Trump in this vein is no different than his rivals on the stage tonight. He just operates the Republican con better than they do. There
are four con artists on the stage tonight, not one. All are dangerous to American democracy and human survival in their own ways.