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"They Saw a Protest": Cognitive Illiberalism and the Speech-Conduct Distinction [pdf] (2012)

74 points| pcaharrier | 1 month ago |stanfordlawreview.org

69 comments

order

bethekidyouwant|1 month ago

(2012) in short they show people protest videos and tell each that the protest is about something different. Depending on their ‘inherent biases’ they answer questions about said protest differently. Ergo a video cannot “speak for itself”

pcaharrier|1 month ago

Questions, yes, but specifically questions about the facts in the video (not merely "what should happen to the protesters or police?").

"As one would expect, these differences in case-disposition judgments are mirrored in the subjects’ responses to the fact-perception items. Whereas only 39% of the hierarchical communitarians perceived that the protestors were blocking the pedestrians in the abortion clinic condition, for example, 74% of them saw blocking in the recruitment center condition. Only 45% of egalitarian individualists, in contrast, saw blocking in the recruitment center condition, whereas in the abortion clinic condition 76% of them did. Fully 83% of hierarchical individualists saw blocking in the recruitment center condition, up from 62% in the abortion clinic condition; a 56% majority of egalitarian communitarians saw blocking in that condition, yet only 35% saw such conduct in the recruitment center condition. Responses on other items--such as whether the protestors 'screamed in the face' of pedestrians--displayed similar patterns."

deadbabe|1 month ago

Is this why the same protest videos can be recycled multiple times for multiple different purposes

pmichaud|1 month ago

My tldr: people see what they want to see according to their political commitments.

The abstract:

> “Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We con- ducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unpro- tected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion out- side of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a military recruitment center. Subjects of opposing cultural outlooks who were assigned to the same experimental condition (and thus had the same belief about the nature of the protest) disagreed sharply on key “facts”—including whether the protestors obstructed and threatened pedestrians. Subjects also disagreed sharply with those who shared their cultural outlooks but who were assigned to the opposing experimental condition (and hence had a different belief about the nature of the protest). These results supported the study hypotheses about how cultural cognition would affect perceptions pertinent to the speech-conduct distinction. We discuss the significance of the results for constitutional law and liberal principles of self-governance generally.

pcaharrier|1 month ago

I think this (from near the end) is also noteworthy (based on the two quotes from the late Justice Scalia at the beginning of the article):

>Still another point illustrated by Justice Scalia’s reactions is the ubiquity of cultural cognition. The disposition to form perceptions of fact congenial to one’s values isn’t a pathological personality trait or a style of reasoning integral to a distinctive, and distinctively malign, ideology. (Indeed, the appeal of those sorts of surmises could themselves be seen as evidence of the disposition to form culturally congenial perceptions of how the world works.) Precisely because cultural cognition doesn’t discriminate on the basis of worldview, members of all groups can anticipate that as a result of it they, like Justice Scalia, will likely find themselves members of a disappointed minority in some empirical or factual debates and a member of the incredulous majority in others.

The kind of cultural cognition highlighted by the article/study is common to everyone, not to some groups that just are incapable of seeing it in themselves.

bad_haircut72|1 month ago

I have observed this effect at team retros

bondarchuk|1 month ago

Can we really conclude that people "see" what they say they see? I think most people would not think twice about saying "protesters did not block the road" when in fact they know full well protesters blocked the road and they really mean "protesters blocked the road and that's good actually".

RandomTisk|1 month ago

There's a strange pattern of die hard obstinence, even in the face of basic and common facts that we as as society until fairly recently all agreed upon. The reason is that works, if you admit fault/guilt then the usual consequences follow. If they remain obstinate, there's a chance they can project their crime on someone else which doesn't really work except it does retain for them a certain level of public support, from those who "see" what they want to see.

It's devastating society.

Lerc|1 month ago

The tricky part is that people don't necessarily report what they see as what they see, and you can't really look inside their brains to get at what they meaningfully perceive.

A good example of this was the inauguration crowd size photos where people who were unfamiliar with the topic reported a unified perception on which crowd was bigger based purely on the photos. People who knew what the photos were of varied their conclusion based upon their political stance.

One conclusion you could draw from this is that their beliefs were altering their perception, but how would you distinguish that from people altering their expression of what they saw based upon their beliefs?

mikkupikku|1 month ago

That basketball gorilla experiment seems like pretty solid evidence that people only notice what they expect to see and are primed to pay attention to, even in situations with no ideological component.

postflopclarity|1 month ago

[deleted]

01100011|1 month ago

I don't think so, given the drastically different takes on something that seemed quite obvious to me after rewatching the video many times.

It was quite clear that many takes, on both sides, seemed to bypass the events in the video and jump straight to whatever ideologically-driven interpretation they needed to be true.

Levitz|1 month ago

On the contrary, if I learned something from the Rittenhouse case is that there's a type of person who, when stuff like this happens, doesn't care about video at all, they just grab the narrative and go with it.

IncreasePosts|1 month ago

Except that if you poll any MAGA person, including basically anyone running the federal government right now, it seems that they see a video of a protester trying to run down an officer.

dayyan|1 month ago

When you attempt vehicular manslaughter of an armed federal agent lawfully performing their duties, you find out.

RickJWagner|1 month ago

[deleted]

boxed|1 month ago

As a person who always identifies as an outsider to literally every group, I cringe all the time when I see all the own goals all groups make and then I cringe again when they double down.

riddley|1 month ago

I suggest getting rid of teams and the teams mentality.

Nicook|1 month ago

population dynamics