Quotulatiousness

May 11, 2012

The University of Calgary is told by the courts that it “is not a Charter-free zone”

Filed under: Bureaucracy, Cancon, Liberty, Media — Tags: , , , , — Nicholas @ 09:36

The university attempted to suppress free speech by students and lost in court. And then lost on appeal:

This week, in the case of Pridgen v. University of Calgary, the Alberta Court of Appeal affirmed that the Charter of Rights and Freedoms protects the free speech rights of university students on campus.

[. . .]

The University of Calgary prosecuted the 10 students who had joined the Facebook page, and found all of them guilty of “non-academic misconduct” — including students who had not posted any comments. The university accused the students of defaming Mitra with “unsubstantiated assertions,” yet refused to hear any evidence from the students about the professor. Nobody testified to deny that the professor had asserted, bizarrely, that Magna Carta was a document written “in the 1700s for native North American human rights purposes.”

The University of Calgary threatened the Pridgen brothers and the other eight students who’d joined the Facebook page with expulsion if they failed to write an abject letter of apology.

Having been found guilty of non-academic misconduct, Keith and Steven Pridgen took the university to court, which declared in 2010 that, “the university is not a Charter-free zone.” That judgment was upheld this week by the Court of Appeal.

While the ruling is a victory for the free-speech rights of university students, it is disheartening that the University of Calgary needs a court order to compel it to fulfill its own mission statement: To promote free inquiry and debate.

May 10, 2012

Megan McArdle on “eyewitness” accuracy, bullying, and the failures of human memory

Filed under: Law, Liberty, Politics, Science — Tags: , , , , , — Nicholas @ 11:34

In a fascinating series of Twitter updates, Megan McArdle discusses the inherent problems we encounter when we depend on eyewitness testimony, especially long after the event. This is a long series of separate entries starting with this one:

It’s heartwarming to see all these journalists and twitterers who never did anything morally wrong in high school.

I mean, most of the high school students I knew were pretty much selfish and immoral herd beasts. But maybe things were different elsewhere.

[Responding to a comment from @jbouie] No, just saying that it’s not really backed up. You and I both know what the quality of eyewitness evidence is when given . . . immediately, and by the time it’s 50 years old and delivered in re a presidential election . . . the Swift Boaters had more . . . eyewitnesses who corroborated that Kerry was “lying”. Wouldn’t exactly be surprised to find that those who remember . . . Romney as ringleader were maybe not planning to vote for Mitt Romney.

I don’t think they’re lying as much as motivated cognition plus memory from 50 years ago is not reliable. Dito swiftboaters.

I don’t even think that’s only explanation; just think I can’t reliably distinguish from “they’re remembering accurately”

Note: I actually watched lots of formerly bullied girls become bullies themselves in girls’ camp when social dynamic of cabin . . . shifted for some reason. In most cases difference between bullied and bullies was group support/encouragement, not . . . some fundamental difference in their character. I never saw a bullied girl turn down the opportunity to bully someone else.

[. . .]

[in response to @pjdoland] I am sure that many of my bullies have forgotten it. I don’t think they’re sociopaths. I think they’re humans who grew up.

All the research on memory shows that it’s incredibly unreliable, and very easy to create factitious memories . . . that seem perfectly real. The odds that either Kerry or the Swift Boat vets accurately recalled what happened are zero.

And people who come out of the woodwork decades later with memories that impeach a presidential candidate are almost . . . certainly, either individually or as a group, altering those memories in ways that help the candidate they like.

. . . or they are embellishing memories. Seriously, this is a huge problem with eyewitness testimony, particularly in old trials.

If you tell people what happened, they will report it as if they recall it–they will in fact recall it.

A personal example: my mother was in hospital for an undiagnosed abdominal ailment that turned out to be appendicitis.

I spent the worst 13 hours of my life in the ER with her and would have sworn that it was seared—seared!–into my memory.

But as it happened, I kept a record of what was happening in RT, in case I wanted to write about it. (Fucking journalists, right?)

Three weeks later, I’d forgotten most of the stuff on the list. Some of it came back to me when I read it.

Some of it I still have absolutely no idea what I’m talking about. (I googled snoring? Why?) Memory is not what we think.

It’s a narrative that is constantly being recreated as we tell it, not a record.

The malleability of memory is something that none of us particularly want to face up to: we like to think of ourselves as reliable witnesses to our own lives, yet the evidence is that we are very much not. Some of us are a bit better at accurate recollection, while others consciously remember things as they should have happened instead of how they actually happened.

This, of course, should require us to move the entire “history” section over into the “fiction” part of the mental library…

Reason.tv: Ron Paul’s young voter fanbase

Filed under: Economics, Liberty, Media, Politics, USA — Tags: , , — Nicholas @ 07:36

May 8, 2012

Now available for download: License to Work

Filed under: Bureaucracy, Economics, Government, Liberty, USA — Tags: , , , , — Nicholas @ 10:14

The Institute for Justice has released a new study, License to Work: A National Study of Burdens from Occupational Licensing, which shows the negative effects imposed on (especially) poor and minority workers across the United States:

The report documents the license requirements for 102 low- and moderate-income occupations — such as barber, massage therapist and preschool teacher — across all 50 states and the District of Columbia. It finds that occupational licensing is not only widespread, but also overly burdensome and frequently irrational.

On average, these licenses force aspiring workers to spend nine months in education or training, pass one exam and pay more than $200 in fees. One third of the licenses take more than a year to earn. At least one exam is required for 79 of the occupations.

Barriers like these make it harder for people to find jobs and build new businesses that create jobs, particularly minorities, those of lesser means and those with less education.

May 7, 2012

Reason.tv: The True Story of Lawrence v. Texas

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 00:07

May 6, 2012

The free speech baby with the Citizens United bathwater

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:32

George Will on the rather impressive sweep of a new proposal to circumvent the US Supreme Court’s decision in Citizens United:

Now comes Rep. Jim McGovern, D-Mass., with a comparable contribution to another debate, the one concerning government regulation of political speech. Joined by Minority Leader Nancy Pelosi, 26 other Democrats and one Republican, he proposes a constitutional amendment to radically contract First Amendment protections. His purpose is to vastly expand government’s power — i.e., the power of incumbent legislators — to write laws regulating, rationing or even proscribing speech in elections that determine the composition of the legislature and the rest of the government. McGovern’s proposal vindicates those who say most campaign-finance “reforms” are incompatible with the First Amendment.

His “People’s Rights Amendment” declares that the Constitution protects only the rights of “natural persons,” not such persons organized in corporations, and that Congress can impose on corporations whatever restrictions Congress deems “reasonable.” His amendment says it shall not be construed “to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.” But the amendment is explicitly designed to deny such rights to natural persons who, exercising their First Amendment right to freedom of association, come together in corporate entities to speak in concert.

McGovern stresses that his amendment decrees that “all corporate entities — for-profit and nonprofit alike” have no constitutional rights. So Congress — and state legislatures and local governments — could regulate to the point of proscription political speech, or any other speech, by the Sierra Club, the National Rifle Association, NARAL Pro-Choice America, or any of the other tens of thousands of nonprofit corporate advocacy groups, including political parties and campaign committees.

Newspapers, magazines, broadcasting entities, online journalism operations — and most religious institutions — are corporate entities. McGovern’s amendment would strip them of all constitutional rights. By doing so, the amendment would empower the government to do much more than proscribe speech. Ilya Somin of George Mason University Law School, writing for the Volokh Conspiracy blog, notes that government, unleashed by McGovern’s amendment, could regulate religious practices at most houses of worship, conduct whatever searches it wants, reasonable or not, of corporate entities, and seize corporate-owned property for whatever it deems public uses — without paying compensation. Yes, McGovern’s scythe would mow down the Fourth and Fifth Amendments, as well as the First.

Gary Johnson wins the Libertarian nomination

Filed under: Economics, Liberty, Politics, USA — Tags: , , — Nicholas @ 09:19

Former New Mexico governor Gary Johnson won the Libertarian Party’s nomination for their presidential candidate. Yesterday, before the vote, Dave Weigel posted this profile of Johnson:

Gary Johnson is late. He’s pretty happy about the reason: too many interviews on the schedule today. That was never a problem when he was running for the Republican Party’s presidential nomination. Now that he’s the front-runner for the less-exclusive Libertarian Party nod, people want to talk to him.

“We started out at Grover Norquist’s meeting,” says Johnson, putting down his iPad to join me at a Dupont circle coffee shop. Norquist’s meeting of conservatives is off the record, but attendees can confirm that they crossed the threshold. “I thought it was a really good reception. Part of being out there, campaigning, talking to people, is being able to read body language. And it was all good. Nobody was dozing off. Nobody was shaking their heads. They were actually shaking their head this way.” He nods vigorously.

We’re talking on the day that Newt Gingrich announced the end of his profound presidential bid, when the Republican Party, supposedly, was learning to love Mitt Romney. It’s a few days before Johnson will claim the Libertarian Party’s nomination, potentially becoming a spoiler for Romney. The heads really nodded this way? No heads shaking that way?

“No, none, zero,” says Johnson. “I really believe I’m gonna take it from Obama rather than Romney. I joke, you know — maybe all those pot-smoking, marriage equality, get out of Afghanistan voters for Romney are going to switch to me. Then, boy, he’ll be in trouble!”

May 3, 2012

Reason.tv: Brian Doherty on Ron Paul’s Revolution

Filed under: Economics, Liberty, Media, USA — Tags: , , , , — Nicholas @ 10:39

“Ron Paul invented the notion of a populist, activist, modern movement thats transpartisan” says Reason’s Brian Doherty

Brian Doherty sat down with ReasonTV to talk about his new book and how Ron Paul has changed politics in America. Doherty wrote about the evolution of the libertarian movement in his 2007 book “Radicals for Capitalism: A Freewheeling History of the Modern American Libertarian Movement”. He has been following and writing about Ron Paul and his movement since then. Doherty examines Ron Paul’s influence in a new book out May 15, “Ron Paul’s rEVOLution: The Man and the Movement He Inspired”.

Identifying activists

Filed under: Liberty, Media, Politics — Tags: — Nicholas @ 07:56

Kelly McParland explains some of the ways people come to identify themselves as “activists”:

You come across activists all the time. They are often quoted by legitimate news organizations, offering opinions on issues of the day. Generally their qualifications appear to be limited to an interest in the subject matter. So anyone involved in organizing a Root Vegetable Consumers Against Frozen French Fries (RVCAFFF) protest march can legitimately identify themselves as an “activist”.

No expertise is required, nor any specific experience, though activists often appear to have plenty of background in activism itself, i.e. they’ve been complaining about the same thing for a long time. There was a time when environmentalists needed nothing more than a desire to live in a remote hut without electricity or access to commercial television to consider themselves fully qualified to assess an energy plan that might impact millions of people. Since then, however, universities have discovered they can fill entire buildings with students eager to memorize environmental slogans and other arcania, and “environmentalism” has become a recognized discipline. But you can still be an “activist” by just registering to show up at a review hearing to condemn Big Oil, knowing little more than the price at the pump.

I was reminded of this when I saw the list of activist groups that are supporting the agenda of May Days of Action for Immigrant and Worker Rights and Economic, Social and Environmental Justice. (It’s a peculiarity of activist organizations that they require long titles. This is generally because slotting anyone into a particular identity goes against the activist code of conduct — as does having a code of conduct — so naming the group itself constitutes a balancing act that touches on the full range of obsessions held by its members. It’s a bit like forming a federal cabinet).

May 2, 2012

We must make internet freedom the new “third rail” of politics

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 08:05

L. Neil Smith on the most recent attempt by the US government to get formal control over the internet:

After many previous attempts on the part of different groups for a variety of reasons, the United States House of Representatives has passed a bill that could result in the destruction of freedom on the Internet.

And the erasure of the First Amendment.

I won’t bother you with this week’s misleading acronym for such an atrocity. This specimen is likely to fail in the Senate — because it doesn’t go nearly as far in muzzling each of us as that “parliament of whores” wants it to. The Faux President declares he will veto it, but we’ve heard that before from a criminal imposter who couldn’t move his mouth to speak the truth if his life depended on it — because he couldn’t recognize the truth if it came up to him and pissed in his ear.

What I will tell you is what a lifetime of fending off similar assaults on the Second Amendment — and the unalienable individual, civil, Constitutional, and human right of every man, woman, and responsible child to obtain, own, and carry weapons — has taught me. I know what has to be done now, and what will happen if we don’t do it.

First, don’t be relieved or satisfied if this particular bill doesn’t pass this time. Others will be introduced, one after another, until they wear down our resistance, unless we make every attempt cost them something they can’t afford to lose. We must make our freedom to communicate a political “third rail” and aim for nothing less than total eradication of the very notion of censoring the Internet in any way.

May 1, 2012

A second Obama term might be better for the Republicans

Filed under: Economics, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 09:57

Shikha Dalmia explains why a Mitt Romney presidency is far from the best outcome for the Republican party:

One: Smart folks are betting that the Supreme Court will outlaw the individual mandate but leave the rest of ObamaCare to Congress. Hence, one conservative argument for a Romney victory is that, combined with a GOP-controlled Congress, it’ll offer the last hope for repealing the law. But repeal is not an end in itself. The question is, can the GOP replace ObamaCare with sensible market-based reforms?

[. . .]

Two: Commentators like Michael Gerson maintain that precisely because Romney has been a serial flipper previously, he’ll be less likely to flop now on conservative issues. But Romney’s desperation to establish his street cred with the base is not a blessing when it comes to government spending.

[. . .]

Three: Both the left and the right, according to the polls, are troubled by the fact that America is becoming a land of crony capitalism. No doubt that’s why Romney has been mouthing clumsy platitudes about how “you’ve got to stop the spread of crony capitalism” and striking a brave pose against the auto bailout.

But, tellingly, the financial bailout was just fine with him. That’s no coincidence. He is, after all, the ultimate Wall Street insider, receiving millions of dollars in subsidies and government handouts for companies he was trying to rescue as CEO of Bain Capital. He might not be running with the intention of helping his corporate pals, but it is inevitable that they’ll have his ear. Their interests and needs are far more comprehensible to him than, say, those of consumers

[. . .]

Four: If Romney wins this election, odds are he’ll automatically be the Republican nominee in 2016. Regardless of whether he wins then, this will effectively kill all prospects for putting a more serious Republican reformer (such as Wisconsin’s Rep. Paul Ryan) in the White House until 2020 or 2024. It might be far better to swallow hard and accept another Obama term to keep the path clear for a Republican more likely to deal with our fiscal and political dysfunction, rather than elect President Romney and block that possibility for another generation.

April 25, 2012

The War on Drugs: “For every complex problem, there is an answer that is clear, simple and wrong”

Filed under: Economics, Health, Law, Liberty, USA — Tags: , , , , — Nicholas @ 13:59

The Wall Street Journal looks at the drug war and considers alternatives:

Our current drug policies do far more harm than they need to do and far less good than they might, largely because they ignore some basic facts. Treating all “drug abusers” as a single group flies in the face of what is known as Pareto’s Law: that for any given activity, 20% of the participants typically account for 80% of the action.

Most users of addictive drugs are not addicts, but a few consume very heavily, and they account for most of the traffic and revenue and most of the drug-related violence and other collateral social damage. If subjected to the right kinds of pressure, however, even most heavy users can and do stop using drugs.

Frustration with the drug-policy status quo — the horrific levels of trafficking-related violence in Mexico and Central America and the fiscal, personal and social costs of imprisoning half a million drug dealers in the U.S. — has led to calls for some form of legalization. Just last week, at the Summit of the Americas in Cartagena, President Barack Obama got an earful from his Latin American counterparts about the need to reverse current U.S. drug policy.

In brief, American (and to a lesser extent, Canadian) drug policies follow this pattern: 1) identify a problem, 2) pass laws against it, 3) discover that the laws haven’t solved the problem, 4) double-down and ratchet up enforcement and penalties. In other words, if it’s not working, then derp it again.

The quote in the headline is, of course, from the writings of H.L. Mencken.

Why fly?

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas @ 00:06

Amy Alkon on yet another blatant attempt by the TSA to lord it over passengers, especially the young, weak, and vulnerable:

Chris Morran on Consumerist excerpts a Facebook post from a Montana mom, Michelle Brademeyer, who was flying home from Kansas with her two young children and their grandmother. Grandma apparently triggered some alarm at the checkpoint, and was forced to have a seat and wait to be groped by an agent. That’s when the 4-year-old ran over to give Granny a hug. Sweet — until the TSA went all police state on them. The mother writes:

[. . .]

First, a TSO began yelling at my child, and demanded she too must sit down and await a full body pat-down. I was prevented from coming any closer, explaining the situation to her, or consoling her in any way. My daughter, who was dressed in tight leggings, a short sleeve shirt and mary jane shoes, had no pockets, no jacket and nothing in her hands. The TSO refused to let my daughter pass through the scanners once more, to see if she too would set off the alarm. It was implied, several times, that my Mother, in their brief two-second embrace, had passed a handgun to my daughter.

My child, who was obviously terrified, had no idea what was going on, and the TSOs involved still made no attempt to explain it to her. When they spoke to her, it was devoid of any sort of compassion, kindness or respect. They told her she had to come to them, alone, and spread her arms and legs. She screamed, “No! I don’t want to!” then did what any frightened young child might, she ran the opposite direction.

That is when a TSO told me they would shut down the entire airport, cancel all flights, if my daughter was not restrained. It was then they declared my daughter a “high-security-threat”.

[. . .]

The TSO loomed over my daughter, with an angry grimace on her face, and ordered her to stop crying. When my scared child could not do so, two TSOs called for backup saying “The suspect is not cooperating.” The suspect, of course, being a frightened child. They treated my daughter no better than if she had been a terrorist…

A third TSO arrived to the scene, and showed no more respect than the first two had given. All three were barking orders at my daughter, telling her to stand still and cease crying. When she did not stop crying on command, they demanded we leave the airport. They claimed they could not safely check my daughter for dangerous items if she was in tears. I will admit, I lost my temper.

Finally, a manager intervened. He determined that my child could, in fact, be cleared through security while crying. I was permitted to hold her while the TSO checked her body. When they found nothing hidden on my daughter, they were forced to let us go, but not until after they had examined my ID and boarding passes for a lengthy amount of time. When we arrived at our gate, I noticed that the TSOs had followed us through the airport. I was told something was wrong with my boarding pass and I would have to show it to them again. Upon seeing the TSO, my daughter was thrown into hysterics. Eventually, we were able to board our flight.

Terrorize ’em young and they stay terrorized, pliable, and afraid to confront authority. It won’t be long before the TSA is Tasing ’em before they can run away (if they don’t already have that power).

April 24, 2012

The Hunger Games as a fictionalized version of the UN’s “Agenda 21”

Filed under: Books, Government, Liberty, Media — Tags: , , , — Nicholas @ 09:25

In a letter published in the most recent issue of Libertarian Enterprise, David Walker points out the quite notable similarities between the fictional world portrayed in The Hunger Games and the United Nations’ Agenda 21:

The Hunger Games “universe” is the inevitable result at the attempt to implement Agenda 21.

  • Herding the population into tightly controlled resource production “districts”.
    While there are no “arcologies/super cities” as forwarded by Agenda 21, I don’t think such things could possibly be created by such a system anyway. The Agenda 21 structure is simply too anti-technological and too government heavy. The “Hunger Games” police state “Districts” is a much more believable result of enforced population reduction & control.
  • In the “country” of “Panem” no one is allowed out into “the wild”. Agenda 21 demands “rewilding” of all space outside of habitation districts. In the Hunger Games, crossing the electrified fence can get you shot. Killing wild game (poaching the government’s animals) will get you shot. Pristine Earth policed with heavy weapons. Sound familiar?
  • Travel is largely by High Speed Rail, and solely by High Speed Rail between Districts. Cars/trucks are only mentioned in the Capitol. The more poor the district, the more likely you are to be forced to walk everywhere. Only the Military has anything resembling air travel and even that is curtailed (one character dreams/reminisces about winged flight vs. hovercraft).
  • The utter disdain for Carbon Based Fuels.
    The Heroine from Hunger Games comes from the Coal Producing District (District 12). As described, there simply could not be enough coal produced by that district to have coal be a viable energy source, therefore the coal must be being used for other non-energy-related tasks. Likewise, “District 12” is the pariah of the Districts. Nobody loves Coal, and nobody loves the people who produce it. “Power” is produced by a nameless “District 5” by nameless means, though Nuclear is suggested on the website.
  • There is no Religion in the Hunger Games world.
    Agenda 21 specifically declares non-pantheistic/non-“natural” religions (particularly Judaism, Islam & Christianity) as something that must be eliminated. “Nature worship” is apparently OK.
  • The Government is Hollywood/Hollywood is Government.
    Hollyweirdoes love Agenda 21. The 3 books of the series are not kind to Hollywood and the kind of government the majority of those weirdoes would create. It presents “The Capitol” as a cross between San-Francisco Body Modification, Hollywood & Rome where nonproductive decadence, self importance, absurd vanity and utter banality are the rule. Any wonder the Movie(s) (will) suppress this aspect of the books?

Other Themes, late in the series: Revolutions aren’t always led by noble causes.

April 23, 2012

More from the Bahrain protests

Filed under: Government, Liberty, Media, Middle East — Tags: , , , , , , — Nicholas @ 09:25

Marc Lynch on what he terms as Bahrain’s “Epic Fail”:

This week’s Formula One-driven media scrutiny has ripped away Bahrain’s carefully constructed external facade. It has exposed the failure of Bahrain’s regime to take advantage of the breathing space it bought through last year’s crackdown or the lifeline thrown to it by the Bahrain Independent Commission of Inquiry. That failure to engage in serious reform will likely further radicalize its opponents and undermine hopes for its future political stability.

Bahrain’s fierce, stifling repression of a peaceful reform movement in mid-March 2011 represented an important watershed in the regional Arab uprising. Huge numbers of Bahrainis had joined in street protests in the preceding month, defining themselves as part of the broader Arab uprising and demanding constitutional reforms and political freedoms. Bahrain’s protest movement began as a reformist and not revolutionary one, and the Bahrain Independent Commission of Inquiry found no evidence that the protests were inspired or supported by Iran.

[. . .]

A ferocious battle over how to understand the events in Bahrain has unfolded in the months since the crackdown, as anyone who has attempted to report on or discuss it can attest. Supporters of the regime have argued that they did what they must against a dangerously radical, sectarian Shi’a movement backed by Iran, and fiercely contest reports of regime abuses. The opposition certainly made mistakes of its own, both during the protests leading up to the crackdown and after. But fortunately the facts of Bahrain’s protest movement and the subsequent crackdown have been thoroughly documented by Bahrain’s Independent Commission of Inquiry.

The BICI report established authoritatively that the Bahraini regime committed massive violations of human rights during its attempts to crush the protest movement. Hundreds of detainees reported systematic mistreatment and torture, including extremely tight handcuffing, forced standing, severe beatings, electric shocks, burning with cigarettes, beating of the soles of the feet, verbal abuse, sleep deprivation, threats of rape, sexual abuse including the insertion of items into the anus and grabbing of genitals, hanging, exposure to extreme temperatures, forced nudity and humiliation through acts such as being forced to lick boots of guards, abuse with dogs, mock executions, and being forced to eat feces (BICI report, pp.287-89). Detainees were often held for weeks or months without access to the outside world or to lawyers. This, concluded the BICI, represented “a systematic practice of physical and psychological mistreatment, which in many cases amounted to torture, with respect to a large number of detainees in their custody” (Para 1238, p.298). And then there was the demolition of Shi’a mosques, widespread dismissals from public and private sector jobs and from universities, sectarian agitation in the media, and so much more. No political mistakes made by the opposition could possibly justify these acts.

« Newer Posts — Older Posts »

Powered by WordPress