Quotulatiousness

January 3, 2012

Gary Johnson tops ACLU campaign report, beating Barack Obama and Ron Paul

The American Civil Liberties Union is doing something different this year to assist voters in finding the candidates who most clearly support civil liberties. This “ACLU Campaign Report Card” highlighted the good and bad aspects (at least in the ACLU’s view) of each of the current GOP candidates and President Obama:

We may surprise some people in that the scores in the report card — which is viewable here — don’t divide along party lines. In fact, the report card reveals a deep ideological rift in the GOP.

Our experts found that Republicans Ron Paul and Jon Huntsman earned solid scores, with four, three and two torches across most major categories, although both received one torch on marriage equality and none on reproductive rights.

President Obama also achieved solid scores or better across most categories, including four torches for ending the “Don’t Ask, Don’t Tell” policy. However, he received just one torch and none for keeping Guantanamo Bay open and continuing unconstitutional surveillance under the PATRIOT act, respectively.

Republican-turned-Libertarian Gary Johnson scored even better than Paul, Huntsman and Obama, earning four and three torches on most major issues. They stand in stark contrast to the other major GOP candidates, three of whom — Michele Bachmann, Mitt Romney and Rick Santorum — didn’t earn a single torch in any of the seven major categories.

Rick Perry and Newt Gingrich received torches in only one category: two torches each for promoting a humane immigration policy, including their support for a path to legal status for some long-term residents.

Ultimately, the good news from the report card is that genuine support for our constitutional values and freedoms has no partisan boundaries. Indeed, Ron Paul’s recent surge in Iowa has been attributed to his adherence to the Constitution and civil liberties.

January 2, 2012

The Economist profiles Ron Paul

Filed under: Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 11:01

The latest Lexington column is entitled “Ron Paul’s big moment”:

People who say that politicians are all the same may be in for a surprise next week. Heading the polls in Iowa, whose caucuses on January 3rd mark the true start of the Republican race for a presidential candidate, is a 76-year-old libertarian from Texas with a worldview so wacky and a programme so radical that he was recently discounted as a no-hoper. Even if he wins in quirky Iowa, Ron Paul will never be America’s president. But his coming this far tells you something about the mood of Republican voters. A substantial number like a man who wants to abolish the Federal Reserve, introduce a new currency to compete with the dollar, eliminate five departments of the federal government within a year, pull out of the United Nations and close all America’s foreign bases, which he likens to “an empire”.

How did such a man rise to the top of the polls? One thing to note is that his support has a ceiling: in no state do more than about a third of Republican voters favour him, though in Iowa’s crowded race that could be all he needs. Also, liking the man does not require liking his policies. During the candidates’ debates of 2011, Mr Paul won plaudits for integrity. Where slicker rivals chop, change and pander, the rumpled Mr Paul hews to his principles even when they are unpopular. Unlike Newt Gingrich, who seldom misses a chance to play on fears of Islam, Mr Paul insists on the rule of law and civil liberties and due process for all—including suspected terrorists. Unlike Michele Bachmann and Rick Santorum, who adore Israel and can sound impatient to bomb Iran, Mr Paul has no great love for the Jewish state, even though this hurts him with the evangelical voters of Iowa. He opposed the Iraq war from the start and wants America to shun expensive foreign entanglements that make the rest of the world resent it.

January 1, 2012

The “progressive” view of Ron Paul

Filed under: Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 11:25

Glenn Greenwald on how the Ron Paul campaign is viewed from the other side:

That’s fairly remarkable: here’s the Publisher of The Nation praising Ron Paul not on ancillary political topics but central ones (“ending preemptive wars & challenging bipartisan elite consensus” on foreign policy), and going even further and expressing general happiness that he’s in the presidential race. Despite this observation, Katrina vanden Heuvel — needless to say — does not support and will never vote for Ron Paul (indeed, in subsequent tweets, she condemned his newsletters as “despicable”). But the point that she’s making is important, if not too subtle for the with-us-or-against-us ethos that dominates the protracted presidential campaign: even though I don’t support him for President, Ron Paul is the only major candidate from either party advocating crucial views on vital issues that need to be heard, and so his candidacy generates important benefits.

Whatever else one wants to say, it is indisputably true that Ron Paul is the only political figure with any sort of a national platform — certainly the only major presidential candidate in either party — who advocates policy views on issues that liberals and progressives have long flamboyantly claimed are both compelling and crucial. The converse is equally true: the candidate supported by liberals and progressives and for whom most will vote — Barack Obama — advocates views on these issues (indeed, has taken action on these issues) that liberals and progressives have long claimed to find repellent, even evil.

As Matt Stoller argued in a genuinely brilliant essay on the history of progressivism and the Democratic Party which I cannot recommend highly enough: “the anger [Paul] inspires comes not from his positions, but from the tensions that modern American liberals bear within their own worldview.” Ron Paul’s candidacy is a mirror held up in front of the face of America’s Democratic Party and its progressive wing, and the image that is reflected is an ugly one; more to the point, it’s one they do not want to see because it so violently conflicts with their desired self-perception.

December 31, 2011

The Christian Post: No, you can’t be a Christian and a libertarian

Filed under: Liberty, Religion — Tags: , , — Nicholas @ 11:27

The executive editor of The Christian Post explains why liberty is incompatible with the teachings of Christianity:

Dr. Richard Land, president of the Ethics & Religious Liberty Commission of the Southern Baptist Convention and executive editor of The Christian Post, said that “of course libertarians can be Christians — but so can racists.”

“If you are a Christian and a libertarian, you would have to basically ignore all of Romans 13 where God lays down a specific role that the government is divinely ordained to play which is to reward those who are right and punish those who are evil.”

“Libertarians are not being consistent in applying the Bible to their thought process,” Land contended The government not only has a right, he said, but is called upon by God to regulate societal morality.

“Slavery was outlawed by the government. Is that not a moral issue? There are laws against rape, murder, theft … all of these are moral issues that the government has and must regulate.”

The evangelical leader argues that libertarians compartmentalize their faith when their Christian faith must be first and foremost in every aspect of their life — even in politics and government.

Many Christian libertarians, for instance, argue that sin that is “victimless” — such as drug use — should not be made illegal because users knowingly chose to use the substance on their own accord, and by exercising their free will poorly, they will also have to suffer the consequences.

Conservative Christians, however, do not see any sin as “victimless” and argue that Christianity by its very nature affirms the idea of corporate solidarity. Therefore, every action, or lack of, has a ripple effect on society, which impacts the lives of others.

According to the Christian Right, libertarians put too much emphasis on individual liberties and not enough on the consequences those liberties could have on society.

Don’t mess with Firefly (or the right to free speech)

Filed under: Bureaucracy, Education, Liberty, Media — Tags: , , , , — Nicholas @ 00:05

December 30, 2011

Revolution driven by social media? How 16th Century . . .

Filed under: History, Liberty, Media, Technology — Tags: , , — Nicholas @ 10:33

The Economist shows that there’s nothing new in social media as a catalyst for change:

It is a familiar-sounding tale: after decades of simmering discontent a new form of media gives opponents of an authoritarian regime a way to express their views, register their solidarity and co-ordinate their actions. The protesters’ message spreads virally through social networks, making it impossible to suppress and highlighting the extent of public support for revolution. The combination of improved publishing technology and social networks is a catalyst for social change where previous efforts had failed.

That’s what happened in the Arab spring. It’s also what happened during the Reformation, nearly 500 years ago, when Martin Luther and his allies took the new media of their day—pamphlets, ballads and woodcuts—and circulated them through social networks to promote their message of religious reform.

Scholars have long debated the relative importance of printed media, oral transmission and images in rallying popular support for the Reformation. Some have championed the central role of printing, a relatively new technology at the time. Opponents of this view emphasise the importance of preaching and other forms of oral transmission. More recently historians have highlighted the role of media as a means of social signalling and co-ordinating public opinion in the Reformation.

Now the internet offers a new perspective on this long-running debate, namely that the important factor was not the printing press itself (which had been around since the 1450s), but the wider system of media sharing along social networks — what is called “social media” today. Luther, like the Arab revolutionaries, grasped the dynamics of this new media environment very quickly, and saw how it could spread his message.

December 28, 2011

Dan Savage not worried about anti-gay stance in Ron Paul’s newsletters

Filed under: Liberty, Media, Politics, USA — Tags: , , — Nicholas @ 12:08

The man who perhaps single-handedly saved us from a Santorum presidency doesn’t think the anti-gay comments in Ron Paul’s newsletters matter:

In 2011, the press has discovered — for the third time — the newsletters Paul sold in the years between his failed 1984 Senate bid and his congressional comeback in 1996. They reveal Paul (or his ghostwriter) to be a scared cynic with paranoid thoughts about blacks, gays, and Israel. The comments about black men — including their supposed “criminal” tendencies — have attracted wide attention. But the newsletters were often just as vitriolic about gay people, saying they were “far better off when social pressure forced them to hide their activities.” A “gay lobby” suppressed the truth about AIDS, the newsletters claimed. “I miss the closet,” groaned Paul-or-his-ghost.

Republicans aren’t supposed to survive comments like that. Gay activists have “glitter-bombed” Michele Bachmann and Newt Gingrich, showering them with sparkles to shame them for their anti-gay rights stances. After Rick Santorum compared gay sex to “man on dog” sex, Dan Savage told fans to Google-bomb “Santorum,” propagating the idea that it’s a Latin-sounding word for “the frothy mixture of lube and fecal matter that is sometimes the by-product of anal sex.” That was six years ago. Santorum still gets humiliating questions about it.

Nobody grills Paul about this stuff. When I asked Savage about the ugly comments in old Paul Survival Reports, he shrugged them off. “Ron Paul can have the closet,” he said. “He might miss it, but we sure don’t. Maybe there’s room in there for his old newsletters?”

There is no comparing Paul and Santorum, said Savage, because Paul is a leave-us-alone libertarian. “Ron is older than my father, far less toxic than Santorum, and, as he isn’t beloved of religious conservatives, he isn’t out there stoking the hatreds of our social and political enemies,” he explained. “And Ron may not like gay people, and may not want to hang out with us or use our toilets, but he’s content to leave us the fuck alone and recognizes that gay citizens are entitled to the same rights as all other citizens. Santorum, on the other hand, believes that his bigotry must be given the force of law. That’s an important difference.”

The racist origins of the drug war

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:53

Back in the dim, distant past when Ron Paul was running for President on the Libertarian Party ticket, he outlined the reasons for the start of the war on drugs. Ryan Grimm summarizes the situation in the late 1980s:

Ron Paul’s presidential campaign has spent the last two weeks dealing with the political consequences of the reemergence of racist newsletters that went out under his name in the 1980s and ‘90s. During that same time period, however, Paul also laid out an historical analysis of the racist roots of the drug war that accurately and honestly reflects its origins.

In 1988 Paul made a presidential campaign stop at the National Organization for the Reform of Marijuana Laws while running on the Libertarian Party ticket. “What was so bad about the period from 1776 to 1914?” Paul wondered, referring to a time in American history when drugs were legal on the federal, and, in many towns, local level. “In the 20th Century, the doctors, like all business people, decided that there ought to be a monopoly. ‘If you wanted a little bit of codeine in your cough medicine, it would be much better if you come to me so I can charge you $25 for a prescription.’”

Paul, in a speech aired at the time on C-SPAN went on. “Before the 20th Century there was none of that and it was the medical profession as well as many other trade groups that agitated for the laws. And you know there’s a pretty good case made that this same concept was built in with racism as well. We do know that opium was used by the Chinese and the Chinese were not welcomed in this country,” Paul said. “We do know that the blacks at times use heroin, opium and the laws have been used against them. There have been times that it has been recognized that the Latin Americans use marijuana and the laws have been written against them. But lo and behold the drug that inebriates most of the members of Congress has not been touched because they’re up there drinking alcohol.”

Uncovering the historical definition of “the press”

Filed under: History, Liberty, Media, USA — Tags: , , , — Nicholas @ 11:35

Elizabeth sent me a link to this Dan Smyth post on what the US Founding Fathers understood the term “the press” to mean:

If the Founders wanted to protect in particular who today we call media, reporters, etc. with “freedom of…the press,” then surely the Founders could have written, for example, “freedom of … journalists” or “freedom of … newsmongers.”

Volokh describes how, with no significant exceptions, prominent writers the Founders often cited, including William Blackstone, Jean-Louis De Lolme, and George Tucker, connected press freedom with the right of every “freeman,” “citizen,” or “individual” to “write,” “print,” or “publish” his or her thoughts. This fact implies the Founders didn’t intend the press clause to protect the existing or future collection of “newsmongers” per se but rather to recognize the right of any person (or “freeman”) to use printing presses (Until 1694, England imposed licenses on publications, which the Founders abhorred). James Madison’s following first draft of the Bill of Rights’ speech/press clauses highlights this point: “The people [emphasis added] shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” According to Johnson’s dictionary, “people” had such definitions as “a nation,” “men, or per[s]ons in general,” and “the commonality.”

Volokh provides much more evidence for the press clause’s “the press” being the printing press, particularly his evaluations of U.S. court cases from the Founding to 2011 that demonstrate judges have consistently interpreted the press clause as protecting any individuals who use the printing press, including newspaper advertisers and authors of letters to the editor, pamphlets, and books. Volokh describes how it was only the 1970s when some lower courts began interpreting the press clause’s “the press” to be a collection of journalists and not the printing press as a technology.

“Truth and love must prevail over lies and hatred”

Filed under: Europe, History, Liberty — Tags: , , , — Nicholas @ 00:06

Matt Welch returns to Prague for Václav Havel’s funeral:

It’s a safe bet that in the history of state funerals, no former president has been sent off to the Absolute Horizon by not one but at least three different live, nationally televised rock songs about heroin.

Such was Václav Havel’s genre-straddling life and thoroughgoing conception of freedom that it seemed as natural as tartar sauce on fried cheese to bookend a portentous, Dvořák-haunted National Requiem Mass in Central Europe’s oldest Gothic cathedral with a loose-limbed, hash-scented rock and roll celebration at the Czech Republic’s most storied music venue, all while the non-VIPs on the streets of Prague (and their counterparts outside the capital) lent the most dignity of all to the three-day National Mourning by creating ad-hoc candlelit shrines in whatever patches of cobblestone reminded them of the man who made them most proud to be Czechs.

It was a remarkable memorial, one that — like Havel himself — could not have happened in any other city or country. Yet the celebration offered enough bread crumbs for non-Czechs to stumble upon the promise of forgotten political alchemies lurking just outside our daily view. I was there to pay my respects; here are some observations and pictures.

December 27, 2011

Finding the motivations for those scary “libertarian” folk

Jacob Sullum on a recent New York Times article that tried to define the typical Ron Paul supporter (and whether Ron Paul is responsible for their views):

Why does the Times think it is relevant to note that libertarians who focus on economic freedom are “backed to some degree by wealthy interests”? Isn’t that true of pretty much every political movement and organization, including Marxism and the Democratic Party? The implication seems to be that defenders of economic freedom are carrying water for special interests, who are in it only for the money.

Weirdly, the Times locates the scary militants in the part of the libertarian movement that focuses on “personal liberty,” which includes not only the rights explicitly protected by the Constitution (such as freedom of speech, freedom of religion, due process, and freedom from unreasonable searches and seizures) but also such unspecified rights as freedom to engage in consensual sexual relationships, to marry people of either sex, to bet on games of chance, and to ingest psychoactive substances (or even raw milk). So according to the Times, the right-wing extremists attracted to Paul are a tolerant, cosmopolitan group that nevertheless harbors odious views about blacks, Jews, and gay people. Also note that the Times, perhaps unintentionally, says the Constitution “at its extreme has helped fuel militant antigovernment sentiment.” All the more reason to be wary of defending this radical document.

In short, the libertarian movement consists of two parts: 1) self-interested tycoons seeking low taxes and minimal regulation in the name of economic freedom and 2) crazy right-wingers who take the Constitution too seriously and worry about personal freedom. I always thought the distinguishing feature of libertarianism was defending both economic and personal liberty, based on the insight that they are two manifestations of the same thing. But what do I know? I did not realize that the rule of law was a concept invented by F.A. Hayek until the Times explained it to me.

December 26, 2011

Brian Doherty doesn’t think the Ron Paul newsletters matter very much

Filed under: Liberty, Media, Politics — Tags: , , , — Nicholas @ 12:08

Over at Hit & Run, Brian Doherty outlines why he doesn’t think the Ron Paul Newsletter kerfuffle matters:

Many voices whose accomplishments I otherwise respect think that the fact Ron Paul had associates who, for a brief period over a decade in the past, wrote some mean-spirited, nasty, and dumb stuff rooted in race and sexual orientation under his name is the most important thing to discuss about Ron Paul, and that the public condemnation and humiliation of those supposedly responsible is the most important public policy issue surrounding Paul’s campaign now.

Part of this seems to be based on a so-far completely imagined belief that this particular repetition of the newsletter story cycle is somehow destroying Ron Paul’s campaign and that such name-naming or “grappling with the past” is necessary to save that campaign. While this may become true (and the consistent harping on and reminding people of it can’t help), there’s no evidence for it yet; Paul’s still gaining in polls. Note this Fox story headlined “Newsletters, Statements Cause Campaign Problems for Ron Paul” where the only voices they can find who actually thinks it’s an important issue belong to Paul’s opponent Newt Gingrich and GOP apparatchik Karl Rove and National Review editor Rich Lowry (whose own publication’s history has worse to answer to in terms of racial insensitivity combined with actual expressed support for legal actions against the rights of African-Americans, which leads Paul fans to believe that none of this has to do with actual objections to anyone with connections to past awful race-based comments, but with scuttling what is good about the Ron Paul campaign).

[. . .]

By any standard of political or moral judgment that I can respect, that is what is important about Ron Paul and the story of Ron Paul now. And from my five years of experience reporting on the Ron Paul movement that’s arisen since 2007, both for Reason and for my forthcoming book, I can assure any old libertarian worried about old libertarian movement business that it is the good things about Ron Paul that have won him the support and love he has won, and that this old business is irrelevant to them, and thus irrelevant to the actual important political and cultural story about Ron Paul now.

Delingpole: “I wouldn’t write a rude song about Islam if you paid me a million quid”

Filed under: Liberty, Media, Religion — Tags: , , , , — Nicholas @ 11:57

James Delingpole is upset with the easy laughs that comedians can get for poking fun at Christianity, yet the same comic geniuses are terrified to offend the equally parody-worthy Islam — and for good reason. Write and perform a ditty about Jesus and you’re the toast of the town and get invited to all the late-night TV talk shows. Do something remotely the same on the topic of Mohammed and get a set of real death-threats and the constant need to check under your car for explosives:

Did you hear the song Aussie comic Tim Minchin wrote savagely satirising Islam for Channel 4’s Eid special? No, I didn’t either. It didn’t happen and it never would happen: first because no broadcast station in its right mind would ever allow it; second because I don’t believe that Minchin would be stupid enough to write it.

And I’m not calling Minchin out for physical cowardice on this issue. From the Danish cartoons to the Paris bombing, we’ve seen far too many cases of artists testing the right to free speech — only to find that where certain religions are concerned, such matters are strictly verboten. But what I am definitely accusing him of is hypocrisy and moral cowardice, as regards the banned song he wrote for a Jonathan Ross Christmas special likening Jesus to a blood-drinking zombie.

[. . .]

Again, let me stress, this isn’t a plea to Minchin to acquire set of cojones and commit suicide through the medium of satire. I wouldn’t write a rude song about Islam if you paid me a million quid. Or even ten million. But what I equally wouldn’t do is compromise my integrity by laying heavily into one soft-target religion while treating a rival one, far more ripe for satire, with kid gloves. To do so would, I think, make me look a hypocrite and a fraud.

Update, 27 December: Sorry, fixed the broken link. Didn’t realize it wasn’t working properly until now.

Montana voters angry over “indefinite detention” vote, seek to recall their senators

Filed under: Government, Liberty, USA — Tags: , , , , , — Nicholas @ 11:42

Jonathan Turley has the details:

We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.

Montana is one of nine states with recall laws. The other states are Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin. Eighteen states have recall laws, but most do not apply to federal officers.

H/T to Radley Balko for the link.

December 23, 2011

What is justice?

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:19

We may not be able to fully answer that question, but I think Scott Greenfield has a good case for what isn’t justice:

Whenever a motion is made for a bill of particulars in the Southern District of New York, the government’s response is the same: It would unduly prejudice the government to be required to disclose allegations of fact that would enable the defendant to know the specific conduct that forms the basis of the charge against him. And the court agrees.

You know, telling the defense what exactly it says the defendant did that was criminal would indeed prejudice the government. It would give the defense half a chance to prepare its defense. Well, maybe only a third of a chance, but at least a chance. Level the playing field, if only a bit? Prejudice.

But when it comes to prosecuting “enemy combatants,” the ante is upped. Way upped. Not only is the risk of individual failure at stake, but the reputation of a government that’s come to depend on a population who believes, with their every breath, that it can be trusted to ignore every safeguard around which are concept of a legal system is based, and still be fair. The integrity of the outcome must be trusted, and yet the conviction of those denied their rights must be assured.

What to do? It’s not enough to deny the defense access to the evidence against the defendant. No, not the puny refusal to provide a bill of particulars, but wholesale denial of “state secrets.” Still, a criminal defense lawyer gets used to thinking fast, working on the fly. We don’t enjoy the luxury of depositions, document demands, the absolute necessities of civil practice where lawyers whine about not being allowed to use a proctoscope at least five years in advance of trial. We prepare for surprises because we have no choice. We deal with the unknowns, because that’s our job.

Bad enough? Nope, read the rest of the post to find out just what little similarity to actual justice is in operation for those accused of being “enemy combatants”.

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