Quotulatiousness

October 31, 2026

ESR reads the amicus briefs in the Chicago AR-15 ban appeal

Filed under: Law, Liberty, Media, Politics, USA, Weapons — Tags: , , , , , — Nicholas @ 03:00

I don’t follow the twists and turns of US gun laws — it’s depressing enough trying to follow Canada’s determined attempts to suppress private gun ownership — so I wasn’t aware of a US Supreme Court case coming up soon:

Remember the scene from the movie “Billy Madison” where the judge says “… what you’ve just said is one of the most insanely idiotic things I’ve ever heard. At no point in your rambling, incoherent response was there anything that could even be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.”

I’ve been reading the anti-gun-rights amicus briefs in Viramontes v. Cook County, the case challenging Chicago’s ban on AR-15s (thank you @MorosKostas for making them generally available on X). They are like that — a ferrago of absolutely dizzying stupidity.

I’m used to the graboids making dodgy, crappy arguments, because what else can they do really? They don’t have any good ones. Their normal rhetoric isn’t designed to persuade the disinterested, merely to provides a colorable excuse for a judge that already agrees with their position to put a judicial stamp on it. Usually, though, they manage to utter at least a plausible simulation of intelligence.

This, though … these briefs are a whole ‘nother level. The quality of writing and argument is so bad that I repeatedly found myself rereading sentences I had just run my eyes over to verify that, yes, they did actually go there.

What does it all mean?

The fun, paranoid theory would be that the graboids have been infiltrated and this is deliberate sabotage by pro-2A law clerks. Could this be? Naah … but it’s telling that this is actually a tempting idea.

My actual theory is that everybody involved with this litigation knows that the anti-2A side was doomed from the beginning, so they’re not sending their best. They’re doing just enough to comply with somebody’s political direction.

If you trace it back far enough, you probably get to some politician grifting money from the Bloomberg and Soros advocacy machines. Wacky incentives leading to Kabuki theater, everyone involved performing an increasingly stylized and threadbare simulation of competence.

The oral arguments on December 2nd are going to be *lit*.

October 27, 2026

“Originalism” doesn’t mean freezing rights to the technology of the Founding Fathers

Filed under: Government, History, Law, Liberty, Politics, USA, Weapons — Tags: , , , , — Nicholas @ 06:00

Have you ever been in a conversation with an intelligent-but-undereducated youngster? They’re likely to come up with highly original takes on issues, like “the US Bill of Rights only applies to the kind of guns they had at the time it was written“:

An 1829 printing press. The Founders clearly didn’t intend the freedom of the press to only apply to the printing technology of their era.
Woodcut by George Baxter, Public Domain.

Abdul El-Sayed, Michigan’s Democratic U.S. Senate candidate, is the latest politician to suggest that the Second Amendment might shield the right to bear arms, but only those that existed at the time that it was adopted: namely, flintlock muskets. It’s a not-so-clever way of trimming back the Constitution’s protections. The argument’s flaws should be clear: the U.S. Supreme Court has already dismissed that line of reasoning, and a world in which the Bill of Rights applies only to 18th century technology would be one where freedom exists only in museum exhibits.

“Everyone Should Have Equal Rights to a Musket”

“I’m gonna swear an oath to the Constitution. The Constitution has a Second Amendment in it, but the Second Amendment, just so we all are clear, even the most conservative folks, they hew to this idea called originalism, and originalism is the idea that you should interpret the Constitution in the context in which the Constitution was written”, El-Sayed insisted at a campaign rally. “When they promised the right to bear arms, they had muskets. So, yeah, everyone should have equal rights to a musket.”

So clever. The Bill of Rights passed in the 1780s, so it must only apply to 1780s things. Except that the courts have thoroughly dismissed that ridiculous line of reasoning.

“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment”, Justice Antonin Scalia wrote for the majority in District of Columbia v. Heller (2008). “We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications … and the Fourth Amendment applies to modern forms of search … the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”

The Founders Lived in a Time of Rapid Innovation

The reason for this should be obvious. The founders were not unaware of progress. Many of them were scholars and innovators. They were certainly aware of (and enthusiastic about) continuing advancements in technology. During the then-recent revolution, American troops had faced off against a small unit of redcoats armed with Ferguson breech-loading rifles. A decade before the Bill of Rights was adopted, the 22-shot Girandoni repeating air rifle was introduced, one of which was later sent along on the Lewis and Clark expedition. And Kalthoff and Lorenzoni repeating flintlock firearms had existed for well over a century.

Not to mention, the founders made extensive use of printing presses to distribute pamphlets and official government documents, including the new Constitution, rather than having them hand-copied as they would have been a few centuries earlier. Technology marches on.

That last point illustrates the foolishness of the only-1780s-tech argument, as Scalia pointed out. What use is a First Amendment that applies only to hand-cranked printing presses and unamplified voices? That would leave the internet, television, radio, telephones, and all post-revolutionary means of communications unprotected from government censorship.

October 26, 2026

Reality refuting the beliefs of the gun-grabbers

Filed under: Law, Liberty, Media, Politics, USA, Weapons — Tags: , , , , , — Nicholas @ 03:00

The shooting in Bend, Oregon is turning out to not follow the gun-grabbers’ narrative even a little bit. It’s getting noticed:

I was told by anti-gun extremists that any “Good Guy with a Gun,” would be mistaken for the bad guy and immediately shot by the police, after he was easily shot by the bad guy because the Good Guy with a Gun wouldn’t know how to use his own gun …

What happened in Bend, Oregon? None of that happened …

ESR responds:

Yes, I’ve been thinking that the Bend shooting turned into the graboids’ worst nightmare, and it keeps getting more so as people process it.

Oregon has an A- rating from Giffords. That means its laws were already doing almost everything that the graboids claim should prevent mass shootings. But obviously didn’t.

Giamfranco is soft spoken, articulate, and photogenic. There’s no dismissing him as a scary redneck. And he’s not a veteran or a hunter or anything, just an ordinary family guy who stepped up.

He popped the bad guy with surgical precision. He didn’t hit a bystander, and he didn’t get shot himself either by the bad guy or the cops. Of course this is usually the way it goes, but most people who aren’t gun-culture themselves don’t know that.

The obvious questions is raises are: if gun control didn’t work in Bend, why would it work anywhere? And if an ordinary chill dude can step up to save lives when the laws failed, what kind of idiot do you have to be to want to stop that from happening?

What is it the kids say nowadays? Ah, yes. Cope, seethe, and mald, graboids. This intervention was everything you hate, and that’s good news for the rest of us.

October 22, 2026

The Oldest Recipe in History – Hammurabi’s Kanasu Stew

Filed under: Food, History, Law, Middle East — Tags: , , , , — Nicholas @ 02:00

Tasting History with Max Miller
Published 28 Apr 2026

Lamb stew garnished with fresh leek and mint

City/Region: Babylon
Time Period: c. 1740 B.C.E.

Since this recipe is one of the oldest in the world, it’s bound to have some parts that are a little unclear. For starters, what does “prepare water” mean? Did they have to purify it? Add salt or something else to it? Was it maybe a more complicated process that was commonplace back then, but a mystery to us now? No one knows. Also, the ingredients kanasu, samídu, and šuhutinnu haven’t been definitively translated, so for this recipe, I’m going with what most scholars agree on, and also what I think will taste best.

With recipes this old, I think it’s important to not take it too seriously. It’s impossible to get it 100% right because we just don’t know enough about the language and the exact cooking processes they used. So for me, it’s less important that this dish is exactly what they’d be eating in Hammurabi’s time, and more important that it’s delicious. The meat is super tender, the flavors are well balanced, and the fresh leek gives it a nice crunch. Make this dish into a thinner broth-like soup, a thick stew, or thickened even further so that it’s like meat with a sauce. Any way is as accurate (or not!) as the next.

    Kanasu Stew
    Leg of mutton is used. Prepare water, add fat. Samídu; coriander; cumin; and kanasu. Assemble all the ingredients in the cooking vessel, and sprinkle with crushed garlic. Then blend into the pot šuhutinnu and mint.
    — Yale Babylonian Tablets, c. 1740 B.C.E.

(more…)

October 20, 2026

Singapore’s unique approach to multiculturalism

In the third and final (?) part of Ed West‘s review of Lee Kuan Yew’s memoirs, he describes the multicultural issue in Singapore and how it was addressed to reduce racial tensions in the city state:

Singapore led the way in becoming the first truly multicultural democracy, but this entailed sacrifices. Because segregation was a major driver of inter-communal tension, so the new Housing and Development Board, as well as providing much needed homes, brought with it the revolutionary idea of neighbourhood quotas. This meant the vast majority of Singaporeans being allocated a flat, on which they had a 99-year lease, in purposefully desegregated housing blocks. The city would never again suffer from race riots.

Parliamentary seats were also reorganised to ensure that every constituency had a representative from each group. “Without this arrangement, the Chinese majority in all constituencies would most likely return Chinese candidates”, he wrote. Voters “preferred one who empathised with them, spoke the same dialect or language and was of the same race. All candidates who have campaigned know this only too well. It was going to be difficult if not impossible for a Malay or Indian candidate to win against a Chinese candidate.”

Lee had a hard-headed approach to multiculturalism, as only someone who was truly multicultural could. As one of the Straits Chinese elite, English was his “master language”, but he spoke Malay well, more like a peranakan — a local-born Chinese — rather than a totok, a recent Chinese immigrant. For his annual speech, which could take up to two hours, Lee would address the audience first in Malay, then Hokkien, and finally in English. Hokkien would later be replaced by Mandarin, even though “for many Chinese Singaporeans, dialect is the real mother tongue and Mandarin a stepmother tongue”.

Lee’s view of multiculturalism also directed his approach to the law. An early experience of defending rioters in 1951 during the “Jungle Girl” disturbances had left him sceptical of the jury system, and he had it abolished in 1969, except for murder trials. Lee saw juries as incompatible with a multi-racial society, but he also believed that many people were too irrational to make such a decision.

He wrote how “a Straits Times court reporter who had watched many jury trials gave evidence … that superstitious beliefs and a general reluctance to take responsibility for severe punishment, especially the death sentence, made Asian jurors most reluctant to convict. They preferred acquittal or conviction on a lesser charge. The reporter said he could predict that whenever a pregnant woman was a member of the jury there would be no conviction on a murder charge, for otherwise her child would be born cursed. After the bill was passed and jury trials were abolished, there were fewer miscarriages of justice arising from the vagaries of jury sentiments.”

Singapore’s tough approach to crime became world famous, and curiously this was partly inspired by his experiences of the Japanese occupation, after which “I did not accept the theory that a criminal is a victim of society”.

He wrote how “punishment then was so severe that even in 1944-1945, when many did not have enough to eat, there were no burglaries and people could leave their front doors unlocked, day or night. The deterrent was effective. The British used to have whipping with a cat-o’-nine-tails or rattan in Singapore. After the war, they abolished whipping but retained caning (with rattan). We found caning more effective than long prison terms and imposed it for crimes related to drugs, arms trafficking, rape, illegal entry into Singapore, and vandalising of public property.”

QotD: What is “hate speech”?

What is “hate-speech”? It’s speech the authorities hate. No doubt, it is often worth hating. It may be speech that every right-thinking person ought to hate, but it is also, by definition, speech that falls short of unlawful or tortuous speech — i.e., speech that’s fraudulent, defamatory, seditious, conspiratorial — for which a person could be either sued or charged criminally. Hate-speech legislation seeks to regulate speech that is not against any law — logically, since unlawful speech doesn’t need to be outlawed. Here’s the paradox. Hate-speech legislation can only ban free speech. Prohibited speech is already banned. People often say that freedoms aren’t absolutes and they’re right. Free expression is anything but “absolute” in free societies. It’s hemmed in by strictures against slander, official secrets, perjury, fraud, incitement to riot, and so on. The question is, should laws go beyond these strictures? And if they do, won’t they suppress opinion and creed in the end?

The answer is yes. There is nothing else for them to suppress. Repressive positions are difficult to defend for those who wish to keep their liberal credentials intact. They usually do so by quoting bits of pernicious nonsense from the kind of speech they would ban to illustrate how worthless and abhorrent it is. But pointing to the abhorrent nature of despised speech is insufficient because no speech is legislated against unless it’s abhorrent to some. Nobody outlaws Mary Poppins, not even the Human Rights Commissions (though this could be famous last words).

If suppressing opinion breaches axioms of liberalism, can it be justified by utility? Canadian defenders of hate-speech laws rarely offer any examples, other than the dubious benefit of distinguishing ourselves from Americans (one Human Rights-type called free speech an American concept in a recent court case) but one suggestion is that such laws would have stopped a Hitler. The problem is, the Weimar Republic had such laws. It used them freely against the Nazis. Far from stopping Hitler, they only made his day when he became Chancellor. They enabled Hitler to confront Social Democratic Party chairman Otto Wels, who stood up in the Reichstag to protest Nazi suspension of civil liberties, with a quotation from the poet Friedrich Schiller: “‘Late you come, but still you come'”, Hitler pointed at the hapless deputy. “You should have recognized the value of criticism during the years we were in opposition [when] our press was forbidden, our meetings were forbidden, and we were forbidden to speak for years on end.”

The Nazis would have been just as repressive without this excuse, but being able to offer it made Hitler’s task easier. Like Canadian supporters of hate-speech legislation, supporters of the Weimar Republic thought that their groups and causes would occupy all seats of authority and set all social and legal agendas forever. Shades of the Canadian Civil Liberties Association or the Canadian Jewish Congress! They couldn’t envisage the guns of their own laws being turned around to point at them one day. Eradicating hateful ideas through free discourse is liberal; trying to eradicate them through legislation is illiberal. “There is always a chance that he who sets himself up as his brother’s keeper”, wrote Eric Hoffer, “will end up by being his jail keeper”.

Another thing: “Banned in Boston” sells tickets. As Victor Hugo put it: “The writer doubles and trebles the power of his writing when a ruler imposes silence on the people”. I’d think twice before banning neo-Nazis for this reason alone.

George Jonas, “Regulating speech that is not against any law”, CanWest Publications, 2008-04-02.

October 10, 2026

Tim Worstall argues that the BC drug decision was correct

Filed under: Cancon, Health, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

I don’t always agree with Tim Worstall‘s takes, but he’s quite convinced that the recent decision in British Columbia to create a new human right to buy and sell drugs is correct and will lead to better outcomes than the existing law:

Image courtesy of Meme Generator

Drug dealing — branded drug dealing — is now legal. Or it will be once the 6 month stay expires or the Canadian Parliament changes the law.

The change in the law that should — won’t, but should — is that branded drug dealing should be legal.

That humans like to get blitzed is true. That humans like to get blitzed so much that every time anywhere tries to stop it — short of immediate execution for users and dealers — means that whatever the law says there’s always that market in ways to get blitzed. There are two arguments for making it legal to get blitzed. One is the simple liberal point that it’s our own life to waste and we each get to chart our own path — whether sooner or later — to the inevitable grave. The other is that for most drugs the consumption of the pure stuff doesn’t do much harm.

Sure, sure, cocaine turns people into obnoxious wankers but decent heroin has few physical problems and users tend to spend their time contemplating the joys of an enhanced reality. Not my thing but, you know, Meh.

The illegal stuff kills at least tens of thousands to get to us and then tens, if not hundreds, of thousands more through being stepped upon, cut, polluted and then the basic public health problems of AIDS ridden whores — of both, or any, sex — tricking to pay for the next dirty needle full.

We have a solution to this. A known solution. Capitalism. Capitalism in the full light of day and under the rule of law. We don’t just want we positively lust after corporations to make pure junk. Branded, pure, junk. Their brand dependent upon how good the highs are at the price of how few deaths. Their profit depends upon maintaining the value of that brand.

That is, turn that always present human greed into our purity guarantee. Same thing that keeps the rats out of our bread supply — WonderLoaf finding that rat bits in the sandwich reduce their sales.

So, Marlboro branded heroin, that’s the thing. And, yes, Marlboro, they’ve already got that association with horse, haven’t they?

October 9, 2026

QotD: Polis magistrates – Archons

We’re going to start with senior magistrates and here we can engage in at least a little bit of cross-polis comparison because these most senior magistrates tend to be the only sort that show up regularly in our sources. As noted last time, the general term for these senior magistrates was archons (ἄρχοντες, archontes, literally “leaders”, from ἄρχω, “to begin, to be first” and thus “to lead, to rule”. Note also ἀρχή, “first, preeminent” but also “power, empire or an office”.), but every poleis‘ archons were likely to be a bit different, with their own particular local terms, numbers and sets of powers.

Numbers however is the first key difference here. Most modern governments have a single magistrate – a president or prime minister – from whom flows all executive power, delegated down to subordinates who are often unelected and whose power thus derives from the one chief magistrate at the top. In some cases, that power is less vested in the person of a prime minister as it is in the collective cabinet (where the cabinet wields power and notionally takes responsibility collectively), but there is still one line of power, reaching from the people, through a single executive person or body, then down to many functionaries whose role is to implement the will of the single executive.

This is not how ancient Greek magistrates (or indeed, ancient magistrates generally) worked.

Instead, Greek magistrates were a product of efforts to weaken royal power by dividing it, which of course only works if executive power was truly divided, that is vested in different autonomous figures. Thus it is important to not to see these magistrates as organized into a “chain of command” or even engaged in collective decision-making. Instead, the best way to understand most magistrates is to imagine them as individual actors whose powers are restricted to a single sphere of action (that is, they have a specific job) and that a city might have many of them. Thus there isn’t one executive power in a polis, but many. Even in cases where magistrates function as a board, it is often the case that each member of that board carries the full power of the magistracy – it is a board of ten magistrates, not a board of ten acting as a magistrate, which means the individuals can act independent of the board.

So instead of one executive, what you have in a polis are many independent, little executives, each with a fragment of the overall executive power. And if you are thinking, “that sounds like an awkward system, since magistrates might be working at cross-purposes with each other”, well, yes. There’s a reason we don’t generally structure governments this way. But the Greeks did and they liked it that way, because this sort of structure keeps the powers of the magistrates in check.

So what might the high magistrates of a polis do exactly? Though there are many different configurations for high magistrates, they tend to do the same basic set of jobs (again, split up usually). You need magistrates to 1) lead the armies and fleets (not usually a distinct job; strategoi are generals and admirals), 2) manage and organize the law courts (which may or may not include making summary judgements in minor cases), and 3) conduct key religious rituals on behalf of the community. Those who have been here a while will note how this maps on neatly to the three roles of kingship (chief general, chief judge, chief priest), though the shift from royal law maker-enforcer-judge to “court scheduling specialist” is a meaningful one.

So at Athens, we have the initial three archons which slot neatly into these roles: the polemarch (πολέμαρχος, polemarchos, lit, “war-leader”) was in charge of the army, the archon basileus (ἄρχων βασιλεύς, lit, “king archon“) who filled in for the king in religious rituals which required his presence but had no broader non-religious powers, and finally the eponymous archon, who lent his name to the year (“in the year of the archonship of so-and-so” being a standard dating form) and ran the courts. It seems fairly clear that early on the eponymous archon often stood as judge and initially also presided over the meetings of the Athenian boule and ekklesia as its chief magistrate (and so supervising the law making process as well).

Over time these offices in Athens were weakened or supplanted, breaking power up further in order to buttress the democracy against both oligarchic power (remember: strong magistrates are a tool of “the few”) and tyranny (strong magistrates have a good position to overthrow the democracy and institute a tyranny). The eponymous archon slowly lost most of his power; the boule came to be a select council which ran the ekklesia and in turn there was an even smaller select council, the prytaneis who acted as a select of the boule and presided over it. Meanwhile, the polemarch became mostly an organizational, “managing the home front” figure, while the war leading role was replaced with a board of ten generals, the strategoi. The strategoi ended up being a pretty key office. As everyone understood you needed generals with expertise, it was an office where one could be elected multiple times in succession and was never determined by lot the way the archonships were; that meant a capable politician could secure a permanent role in the state by getting elected over and over again as strategos; this is for instance the position Pericles held.

As for the courts, these got bigger even as the eponymous archon got smaller and so the Athenians created six lesser archons, the thesmothetai (θεσμοθέται, sing. θεσμοθέτης; “law-giver”) who operated the courts (but did not dispense justice; these are jury courts). Still the eponymous archon kept some vestigial legal powers, like a supervisory role over the epikleroi, sometimes translated as “heiresses” (although that’s not quite right – they weren’t and indeed under Athenian law couldn’t inherit, but rather property was passing through them to legally valid inheritors – they were required to marry into their paternal line in order to generate a husband who could be such a valid inheritor – which in most poleis had to be male.).

At Sparta, the ephors and the two hereditary Spartan kings filled the role of high magistrates; the existence of the two hereditary kings is, we know, quite unusual but the board of ephors is not. We know that several other poleis had ephors and evidently on Crete they had kosmoi (described by Aristotle but epigraphically attested at Eleutherna, Eltynia, Gortyn, Knosos, Lyktos, etc.; Inventory 1159, 1160, 1164, 1169, 1175) whose powers were apparently much like the ephors. Ephors and kosmoi appear invariably as boards of officials with a wide range of executive powers: the Spartan ephors (of whom we are best informed) handled most foreign policy, served as a high court and could propose legislation to the assembly. At Sparta the ephors had the job of making sure the kings did their job, including their religious role, but also had some of their own ritual functions, like the ritual declaring of war on the helots (Plut. Lyc. 28.4). As you might imagine, a board of magistrates with such wide-ranging powers tended to be tools of “the few” and indeed Aristotle notes that the Spartan ephors were easy to bribe (Arist. Pol. 2.1271a) while the Cretan kosmoi monopolized power to produce an effectively hereditary oligarchy (Arist. Pol. 2.1272b). Also notably it seems like one of the ephors or kosmoi was always eponymous, giving their name to the year just like the Athenian eponymous archon.

Athens and Sparta weren’t the only poleis with these kinds of high officials, of course, but as noted the magistrates of other poleis are often very poorly attested. Thebes had an eponymous archon (of unclear powers) and at least two polemarchs by 382 (Inventory, 455); the Boeotian confederation, of which Thebes was the leading power, also had seven Boiotarchs (Βοιωτάρχης, a fusion of βοιωτία (the name of the region) and that ἀρχ- root meaning “leader”), elected for a term of one year who led the combined armies of the Boeotian poleis. Argos’ assembly had a presiding magistrate attested in inscriptions, who was assisted by a secretary with a six month term of office; they also had board of five strategoi who commanded the army reported by Thucydides as well as a board of treasurers (ἀρτῦναι, artunai; Inventory, 604).

Demiourgoi (“public workers”) appear in a number of poleis, often as a board or group of magistrates (Larissa had these, Arist. Pol. 1275b; Inventory 696), though the role of demiourgoi seems to vary from polis to polis as you might expect with so general a name (at Larissa they were apparently able to make new citizens, but the title was also used for the officials of the Hellenistic-era Achaean League (a federal alliance of poleis) and the representatives of the Peloponnesian League (Dem. 18.157) among quite a few others.) That said, demiourgos is a word with a wide range of meanings, to include magistrates but also skilled workers in public employ as well as being used in a philosophical sense to mean a kind of “creator god”, so it’s a tricky word.

All told then what should you expect in terms of the high magistrates of a polis? Well, first that the key jobs here are leading the army, organizing the courts (and/or acting as a court as a board) and filling religious roles; you should expect these jobs to split over multiple magistrates. In democracies, offices that don’t require a lot of technical know-how may be selected by lot, but the rest tend to be elected (in oligarchies often from a subset of the polis, defined by wealth). In either case, magistrates serve relatively short terms, usually just one year (but sometimes a little longer or shorter). It is generally only the “specialist” offices (read: generals) that can be held multiple times consecutively. The more powerful the magistracy, the more likely it is to be organized as a board of magistrates.

Now those are the most important and central magistrates, but a large polis with thousands of politai (and even more non-citizens) is going to need a slew of other state officers to handle a lot of the day to day matters. That brings us neatly to minor magistrates …

Bret Devereaux, “Collections: How to Polis, 101, Part IIb: Archons“, A Collection of Unmitigated Pedantry, 2023-03-24.

October 8, 2026

Utah’s VPN rules don’t fare well in court

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 04:00

Like many other jurisdictions, Utah wanted to apply age restrictions to online sites “to protect the children”. It didn’t go well in court:

“Virtual Private Network (VPN)” by Infosec Images is licensed under CC BY 2.0 .

As I write, I have my virtual private network (VPN) set to show me as surfing the internet from Berlin, Germany, despite my location in Arizona, for no good reason other than that I can. Given that Germany has rather tight restrictions on speech, this is probably the reverse of how a VPN is usually used between the two countries, but it illustrates the utility of technology that anonymizes internet traffic and lets users pick their points of origin to bypass censorship and surveillance. Germans can bypass controls on “hate speech” and insults directed at politicians, the Chinese can work around restrictions on Winnie the Pooh memes, and people in places like Utah can ignore intrusive age-verification rules.

That’s why it’s important that a federal court just paused enforcement of Utah’s effort to regulate VPNs.

Utah Pushes Age Verification and Targets VPNs

“Signed into law earlier this year, SB 73 attempted to regulate adult websites by requiring them to block VPN users or to identify the physical location of visitors using them or similar tools that mask their network traffic,” the Electronic Frontier Foundation’s (EFF) Rindala Alajaji details in a response to the case. “It even went so far as to prohibit websites from offering instructions on how to use a VPN to bypass these checks. This made Utah, to EFF’s knowledge, the first state in the nation to target the use of VPNs to avoid legally mandated age-verification gates.”

Utah was sued over the law by Aylo Freesites Ltd. and Aylo Group Ltd., the owners of Pornhub. The plaintiffs didn’t challenge the law’s age-verification requirements but went after its insistence that the law applies if a user is “actually located” in Utah without regard to the use of “a virtual private network, proxy server, or other means to disguise or misrepresent the individual’s geographic location to make it appear that the individual is accessing a website from a location outside this state”.

Utah’s focus on VPNs and similar tools comes after decades of technological innovation intended to allow internet users to bypass censorship, firewalls, and surveillance imposed by authoritarian regimes that want to monitor and muzzle dissidents. VPNs, perhaps the most popular of the tools, route internet traffic through intermediary servers, encrypting data in the process and concealing users’ locations. That’s extremely handy for people suffering under oppressive rule. In recent years, though, speech restrictions have been increasingly imposed by nominally liberal democratic governments.

VPNs are a good thing, and any government attempting to crack down on their use “to protect the children” is up to no good.

September 22, 2026

The future of online free speech for Canadians

The Liberals in Ottawa prefer not to hear uppity citizens yapping about Liberal policies, and having a majority in the House of Commons means that there’s very little chance that they won’t be able to ram through a bill to curtail the ability of Canadians to speak freely online — that’s why I put a “warrant canary” in my daily Substack summary of blog posts. On X, John Carter has some advice that may be helpful to Canadians who don’t agree with the government:

Carney is essentially trying to implement Yookay style online speech controls. With his stolen majority government, there’s no way to stop him, and so no reason to expect that he won’t succeed.

Canadian nationalists therefore need to start being smart. Use coded language. Avoid overt “hate speech”. Don’t advocate violence. Use positive messaging, love of country rather than hatred of other. Make their job as difficult as possible.

This is nothing the right hasn’t seen before. The bad old days of Twitter censorship are not so far behind us. Britain and Europe already have very similar laws. That hasn’t stopped their nationalist communities. Censorship doesn’t change the underlying social conditions. At worst it prevents people from being too direct. Furthermore, by forcing dissidents to be clever, it exerts a selective pressure that raises the intellectual level of dissidents, while making the censors themselves increasingly ridiculous.

Censors themselves are usually very stupid people. Coded language tends to go right over their tiny heads. They don’t handle satire well. It’s also very easy to mock a regime like this by parroting its own vocabulary. Elbows up, everyone. Diversity is our greatest strength.

State capacity is another factor. How many censors do they actually have? How competent are they? (diversity is our greatest strength!) How many people can they actually enforce these laws on? Every time someone gets dragged into court the state is burning a significant quantity of time, energy, and attention. The cost-benefit of tasking bureaucrats, police officers, lawyers, and judges to punish random shitposts is math that doesn’t math very well. The entire strategy relies on making an example of a few to cow the many. If the many aren’t cowed, because for instance despite the censorship they can see with their own eyes what’s actually happening to their country on the street, all censorship does is piss people off and further undermine the legitimacy of a regime that would not be resorting to censorship in the first place if its legitimacy was beyond reproach.

This is bad. I’m not looking forward to it. But panic won’t help. Keep your wits about you, stay calm, be smart.

September 18, 2026

Worrying about post-combat lawfare will crush initiative and morale

Filed under: Britain, Europe, History, Law, Military, Politics — Tags: , , , , , — Nicholas @ 05:00

As mentioned in Dr. Robert Lyman’s account yesterday, the British government wants to turn back the hands of time to change the rules of engagement under which British Army troops and police conducted themselves during “The Troubles” in Northern Ireland. It may be an exciting prospect for law firms, activists, and other anti-military groups, but it would set a terrible precedent for British use of military force from this moment onwards. At The Critic, Alexander Gray explains why this is a dangerous and stupid idea that should be dropped forever:

“British Army working during the Field Training Exercise” by U.S. Army Europe is marked with Public Domain Mark 1.0 .

The debate about the hounding of veterans through the courts has long been presented in terms of fairness. This is indeed one side of the story. No decent country should tolerate servicemen being dragged through repeated investigations decades after the events in question, often without new evidence and after previous inquiries have already reached their conclusions.

But focusing only on veterans misses an even more urgent point: this has become a national security threat.

Over the past two decades, the legal framework governing military operations has changed. Courts have increasingly applied standards developed for peacetime to scrutinise wartime situations of uncertainty and danger which often demand split-second judgement. Human rights law, designed principally to regulate relations between the state and individuals, has increasingly been applied to military operations, including to situations already governed by the Law of Armed Conflict.

This is having consequences on the battlefield. Personnel who believe that a lawful decision taken in combat may be reconstructed years later in a civilian courtroom are now incentivised to be more cautious, more process-driven and less willing to exercise initiative. That hesitation can slow decisions in situations where delay may place lives and the success of an operation at risk. The prospect of repeated investigations and prolonged legal uncertainty is also damaging morale and contributing to experienced personnel leaving the service, depriving the Armed Forces of skills and judgement that are difficult to replace.

This is why the Prosperity Institute has published the Military Operations Bill, presented to Parliament this week by Sir David Davis MP. It reasserts the principle that combat operations should be judged primarily by the Law of Armed Conflict. Courts have an important role in punishing wrongdoing, but they should not become alternative command structures reviewing military judgement from the safety of hindsight.

Update, 19 September: Welcome, Instapundit readers! Have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

September 15, 2026

“I will choose a path that’s clear, I will choose free will”

Filed under: Law, Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 05:00

For some reason, the idea that humans don’t really have free will is very popular among progressives, even if they know individually that they have free will they believe most of the rest of humanity somehow doesn’t:

A simplified free will taxonomy
Image by Richardbrucebaxter via Wikimedia Commons.

A fashionable view of human behavior holds that because everything has a cause, no one is truly responsible for their actions.

In his 2023 bestseller “Determined,” Stanford neuroscientist Robert Sapolsky argues that free will is an illusion. “We are nothing more or less than the cumulative biological and environmental luck, over which we had no control, that has brought us to any moment”, he writes. Author and podcaster Sam Harris has spent 15 years making the same case to a popular audience. “Our wills are simply not of our own making,” he writes in Free Will (2012). “Thoughts and intentions emerge from background causes of which we are unaware and over which we exert no conscious control. We do not have the freedom we think we have.”

Common sense pushes back. Consider an example from the psychologist Paul Bloom. Imagine a man who thrashes violently in his sleep and accidentally strikes his wife, breaking her nose. They both wake up, and he is horrified and ashamed. Now imagine a second man who resents his wife and wants to hurt her. He waits until she is asleep and then hits her in the face. When she wakes up, he pretends it was an accident. The difference between these two men is obvious. Any legal or moral system that doesn’t recognize that would collapse.

Yet much of elite discourse encourages us to blur that distinction. Determinists like Messrs. Sapolsky and Harris tell us that behavior can be explained through systems, incentives, trauma, inequality, neurochemistry and social pressure. Much of this is true. But a culture that speaks only this language teaches people that they are spectators in their own lives. The implication, rarely stated outright, is that no one really chooses anything. We are all the first man in the example above, thrashing in our sleep.

The determinists don’t deny that we have wills, or that our actions follow from them. Their argument is that will and action are themselves the products of deeper causes, such as genes, molecules and the environment, and so we can’t really be called free.

Stuart Doyle offers a useful analogy that challenges this claim. Suppose we ask whether an apple is red. The determinist looks closer. He realizes the apple is nothing but atoms. Because no individual atom is red, he concludes the apple can’t really be red. The error is obvious. Color exists at the scale of the apple, not at the scale of an atom.

Free will works the same way. A choice exists at the scale of a person thinking, weighing and deciding. Looking at the molecules underneath and finding no choice there doesn’t prove that choice is an illusion.

September 6, 2026

Henry Deringer’s Remarkable Percussion Pocket Pistols

Filed under: Business, History, Law, USA, Weapons — Tags: , , , , , — Nicholas @ 02:00

Forgotten Weapons
Published 15 Apr 2026

Henry Deringer Jr was born in Easton PA in 1786 to German parents. As a young man he apprenticed to a gunsmith, then spent 1808 working in the Virginia Manufactory making guns, and then opened his own business in 1809 at 612 North Front Street in Philadelphia. He remained there until his death in 1868, making a great many guns. Early on his work was largely in flintlock muskets, both for the Army and the commercial trade, but he became best known for his single-shot percussion pocket pistols. These guns became synonymous with his name, a feat not even accomplished by Samuel Colt.

Deringer’s pistols were available in a range of caliber from .31 to .50, but .41 was most common. Barrel length was also widely variable, from barely over an inch to 4 inches or more — but between 2 and 2.5 inches was typical. These were popular guns for self defense, easily carried in a coat pocket and generally sold in pairs. A flintlock of such a size was just unfeasible to conceal in a pocket, but the advent of the percussion system made these guns eminently practical. Obviously the most famous use of one was in Booth’s assassination of President Lincoln, but the guns were very popular before that.

In addition, Deringer became a part of trademark law when he filed suit against a sales agent, A.J. Platt, in San Francisco. Platt handled his inability to get enough pistols from Deringer to meet demand by setting up production of his own copy, complete with the marking “Deringer Philadel”. Deringer’s trademark infringement case was successful, and created a precedent for awarding a judgement based on the lost revenue suffered by the plaintiff — in Deringer’s case, $1,700 instead of his initial demand for $15,000.

Incidentally, Platt’s response after losing the case was to find a man in Philadelphia named “Derringer” and license his name, so that he could continue to make guns that his customers would not recognize as being counterfeits. This would be the basis for a further lawsuit today, but Deringer died in 1868 before pursuing the issue farther.
(more…)

August 26, 2026

“Women who see in Clancy something not just sympathetic, but martyr-esque”

Filed under: Law, Media, USA — Tags: , , , — Nicholas @ 05:00

David Dennison clearly views-with-alarmhorror the phenomenon of women publicly demonstrating their support and claiming understanding for a woman who murdered her three children:

Pink-clad supporters of Lindsay Clancy
Photo from Aged Well

A disclaimer first: NOT ALL.

The Lindsay Clancy verdict could come as early as this week. If you have no idea what that sentence meant, honestly, just stop reading and go do something else. This case is not one you want in your head if it isn’t already. Trust me.

There really aren’t many things that are more distressing than what actually happened here. My complaining about other aspects of the Clancy saga is a bit like if somebody you loved died in a terrible car wreck and I said, “It’s a shame there was so much damage to the paint”. Still, that’s what I’m going to do.

The Lindsay Clancy trial has sparked an on and offline movement of women who see in Clancy something not just sympathetic, but martyr-esque. These women get her. They see themselves in her. They feel what they know she felt, and regard her as an avatar of the unsung stress of motherhood, and the woeful lack of attention paid to women’s struggles.

You may–especially if you are among the penis-havers – be asking yourself several things about now. Perhaps things like:

  • The stress of motherhood is unsung?
  • Women’s struggles receive insufficient attention?
  • Other moms see themselves in a woman who shooed her husband out of the house so she could wrap exercise bands around the necks of her three children and slowly choke the life out of them one by one while they stared into the deranged eyes of the person who brought them into this world in the first place? Really? That’s relatable?

Yes to all three, apparently.

These women are organized too. They are showing up. Clancy has pleaded not guilty by reason of lack of criminal responsibility – or in layman’s terms, not guilty by reason of insanity. Clancy was suffering from severe postpartum psychosis, was on enough meds to stock a pharmacy, and was, per her own reports, hearing voices.

[…]

Wrong Side

What is wrong with these women defending Lindsay Clancy? I can understand a sincere belief that postpartum depression and psychosis aren’t taken seriously enough (I don’t actually think that’s true, but I can understand somebody thinking it is). But I actually cannot understand somebody looking at Clancy’s actions and thinking, “Same, girl.”

I’m not alone. We may be seeing the beginnings of a backlash to a backlash. The first backlash is the intense, unreturned dislike young women are experiencing these days for the coarser sex. A manifestation of that, I submit, is blaming the supposed inattentiveness of a man for his wife throttling his children to death.

Survey of British women done for The New Statesman.

This backlash though is one of men asking themselves, just as I did, what the fuck? Where is this tribalism coming from? What causes a person to look at Patrick Clancy, who returned home from a drug store after picking up his wife’s meds to find her sprawled on the yard, his three children strangled inside, and think, “I don’t like the look of him …?”

August 21, 2026

This is something we genuinely need today

Filed under: Britain, Bureaucracy, Business, Government, Law, Media — Tags: , , , , — Nicholas @ 06:00

Plus, as Kate at Small Dead Animals often points out “Mischief is important“:

In one of the only three management books anyone should bother to read — and everyone should read the three — Robert Townsend says that a CEO should, while on the road, try phoning his own company. Try the helpline and see how far he gets. Try calling his own office. Sure, you should end up with the Executive Secretary who then directs it to the right person but sometimes that correct person is going to be you. Say, Warren Buffett calling to make you rich by buying the company and thus crystallising all your stock options and RSUs.

This is a lesson that has been forgotten. From a Guardian list of things government should pass laws to make happen:

    Force companies to put a phone number on their homepage

    You’ve got a problem with a company and you want to get it sorted – and then you realise you cannot find a number for it anywhere. There are communications companies that have no “contact us” link anywhere to be seen, and energy companies that send you all round the houses looking for a way to get in touch.

    One of the recurring themes of Guardian Money readers’ problems is the struggle to find someone to help when something goes wrong. Clearly, once you have published a phone number, you need staff at the other end answering the phone and offering some joined-up thinking, so this is only the start of the solution – but at least customers would not feel like companies were trying to hide from them.

This does not work as there is no guarantee that anyone will answer the call.

We’ve also that basic point that Burke and his Little Platoons can — and often do — solve problems better than government. So, here’s the pitch for that private sector service.

We set up a database of the home and work and mobile phone numbers — emails too — of the management of companies. Most importantly, the board of directors. If the company is owned by private equity — say — then the General Partners of the PE company.

Obviously, if a company has a helpline, which people answer, then all of that information stays private to us. If a company does not then we publish it as a page saying these are the contact numbers for that company. Say, Evri, the delivery people. The board members get their numbers and email publicly revealed. As I recall it they’re PE as well so some number of GPs over in the US also start getting aggrieved calls from Lesser Wallop about non-delivery. Not that any Septic would be able to understand Ms. Aggrieved of Lesser Wallop but it’s the instance of the call that matters. Evri is used as an example for a bit of looking around a few months back seemed to reveal that they had no UK phone number at all. Thus the directors it will be.

The top management of companies that do not provide a helpline — nor answer the one they claim to have — will have the customer complaints calls directed toward them. This will, of course, rapidly mean the opening of a useful customer complaint line that people actually answer. Those making that £250k a year as the board member of whatever do not want to be talking to Ms. Aggrieved of Lesser Wallop. Therefore phone calls from Ms. Aggrieved will lead to the creation of a useful customer services department.

At which point, of course, we take the board members’ phone numbers down and job done. But, clearly, we keep monitoring to ensure that those service times don’t then decline.

Make the bastards who make the decisions suffer the consequences of those decisions. Works this does, really, it works.

Now, there will be some who say that government can do that. Why use the Little Platoons when a law can simply be passed?

Which is to miss a basic philosophic point, which is that we should only use government when we, ourselves, cannot do it. Government is for when the Little Platoons cannot achieve it. Letters of Marque are lovely things but biffing the Frenchies is better done with a Royal Navy. Assuming we still had one of course. RNLI, on the other hand, works better without government than it would with.

But much more than that. For who are the worst at providing a contact number that works? Why, that would be government, wouldn’t it? Anyone ever tried to ‘phone HMRC? Quite.

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