
What has made this moment feel different is not the anxiety about incivility, which has always been there, but rather the performance of it. It’s relentless.” — Molly Brady on incivility in the age of the smartphone
Whatever happened to the American front porch? Builders killed it to save money, says the Harvard law professor Molly Brady — and with this death went one of the key stages on which Americans have practiced the art of being neighbors over the last 250 years.
Brady is a contributor to America Unfinished: 250 Years of Law and Governance, a new volume of 62 essays from the Harvard Law School faculty edited by Alexandra Natapoff. Brady’s subject is the land, real-estate and local government law determining neighborliness. Thus her interest in front porches.
Brady grew up in Utica, New York — on the old Erie Canal — a Rust Belt town whose fracking fights, abandoned housing, and urban renewal steered her toward property law. Utica is also, despite its red politics, a place well versed in the art of neighborliness — with the town warmly welcoming recent Bosnian and Iraqi refugees.
Incivility isn’t new, Brady says. What’s changed, she argues, is its performative virality. With a phone in every pocket, we can now watch our fellow “citizens” behaving badly. Meanwhile the physical infrastructure of community — the front porches and corner stores — has been zoned, sprawled, and value-engineered away. Analogue porches have been replaced by digital chatrooms.
Brady’s remedy is unfashionably local. On Zoom or in person, she advises, show up at your local planning meetings. Brady even requires her Harvard students to attend at least one local meeting so as to demystify the real work of governance.
The republic, as Ben Franklin so famously warned, is ours if we can keep it. Keeping it, Molly Brady suggests, may require in-person attendance on a Wednesday night at your local planning commission. And it might also require hanging out on your porch. If the builders ever give them back to us.
Five Takeaways
• The Performance of Incivility. Americans have always fretted about incivility — the republic itself was born out of Europe’s religious civil wars. What has changed, Brady argues, is technology. When difference was mediated through traditional publishers, you had to grapple with the people in your physical world: the workplace, the water cooler, the town meeting. Now everyone carries a phone on which fellow citizens can be found behaving horribly at any given moment. It is not the presence of incivility that makes this moment feel different — it is the relentless performance of it.
• The Death of the Porch. Brady writes in the tradition of Robert Putnam’s Bowling Alone, updated for the post-smartphone age: suburbanization, the loss of third places, remote work — and a thousand micro-choices in property law that removed the physical alternatives to online life. Builders dropped the front porch to save money; developers in the South and West build almost nothing outside homeowners associations, so there is no meaningful market choice. People are human — they yearn for connection — but in the absence of physical competition, technological community wins by default.
• Tocqueville’s Scalability Problem. What Tocqueville admired in New England — every citizen (nominally) arguing policy with neighbors at the town meeting — may never have been scalable to a continental republic, a question America has been grappling with since the Louisiana Purchase. But the local still scrambles