Quotulatiousness

December 28, 2011

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

Filed under: Liberty, Media, Politics — Tags: , , , , , — Nicholas @ 12:06

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”.

December 22, 2011

Pat Condell on the intolerance of diversity

Filed under: Liberty, Religion — Tags: , , , , — Nicholas @ 11:48

December 21, 2011

Gary Johnson to formally leave GOP race

Filed under: Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 09:32

As I reported last week, former New Mexico governor Gary Johnson has been forced out of the GOP race and will seek the Libertarian Party nomination instead:

The former two-term New Mexico governor, whose campaign for the GOP nomination never caught fire, will make the announcement at a press conference in Santa Fe on Dec. 28. Johnson state directors will be informed of his plans on a campaign conference call Tuesday night, a Johnson campaign source told POLITICO.

The move has been expected for weeks — Johnson had run a New Hampshire-centric effort that never got him past a blip in the polls. He appeared at only two nationally televised debates, and only one in which other major candidates took part.

Johnson expressed deep disillusionment with the process as his libertarian message failed to catch fire and he received almost no attention for his bid. He soon began flirting with the Libertarians when it became clear that he was gaining no traction in GOP primaries.

Panic in Iowa

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , — Nicholas @ 09:26

Panic, at least, for the Republican establishment who are facing a full-scale Paulista Revolutionary outbreak:

    What has me concerned is that on Main Street Iowa people are coming up to me and saying, ‘What do you think about Dr. Paul?’ These are folks who have to be informed. They have to get past the 30- and 60-second ads. If you ask Iowans if they’re for legalizing marijuana or legalizing heroin, they’d say no. But Dr. Paul has said on many occasions that that’s OK. But people don’t all know that.

I’m not sure whether to be delighted or depressed by the reaction of Iowa Republicans like Andy Cable to the suddenly-real possibility that Ron Paul might win — and thereby discredit! — the state’s first-in-the-nation nominating caucuses. The anomalous importance of Iowa within the U.S. election system has traditionally been defended on two major grounds: (a), that the state is pretty representative of the American “middle” in both geographic and demographic senses, and (b), that a small state like Iowa (or New Hampshire) can scrutinize candidates with a salutary close-up intensity, given a long pre-election period in which to do it.

There is no doubt something to these arguments. (Along with obvious rebuttals to both.) But how can a major party have its cake and eat it too? Specifically, how can the concept of Iowa’s special mission as a testing range for candidates be reconciled with Mr. Cable’s panicky Yuletide talk of uninformed goon voters flying off the handle? Cable’s state has benefited significantly from being a political bellwether, both from the quadrennial media activity and attention and from the political pork that follows. (Ethanol accounts for 9% of the state’s GDP.) Yet Cable is not even waiting for Paul to be nominated before undermining the whole basis for taking Iowa seriously.

December 20, 2011

Reason.TV: Grandma got indefinitely detained (A very TSA Christmas)

Filed under: Government, Humour, Liberty, USA — Tags: , , , — Nicholas @ 14:18

Steve Paikin asks whether we should legalize drugs

Filed under: Americas, Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 14:06

The kind of folks who make up the bulk of the “Occupy” movement

Filed under: Liberty, Media, USA — Tags: , , , , , — Nicholas @ 13:49

Charles Cooke reports on a recent study of the membership of the “Occupy” groups:

The report, Shortselling America, reveals that, below the surface, there is a lot more going on than meets the eye, and most of it has very little to do with “social justice.” Its author, Frontier Lab takes an interesting approach, applying techniques of market research to political science. The group’s aim is to move away from the short-term model employed by political pollsters — which, although valuable, essentially provides just a fleeting snapshot — and instead to conduct a more thorough assessment of participants’ values. From these data, they then seek to predict future behavior. An example: Surface-level polling will see consumers tell us that the reason they buy a particular dish soap is because it is green, or cheap, or conveniently sized. But research shows the deeper truth is that, overwhelmingly, people buy the same brand as their mother did. (Nobody will write that on a survey.)

What did Frontier Lab discover? First, that many of the rank-and-file occupiers feel isolated in their lives, and appear to lack basic community ties such as are provided by participation in clubs, churches, and strong families. Indeed, much of the report could have come from the early chapters of Robert Putnam’s Bowling Alone. They thus attach to their political causes with something like a religious fervor. For many, a commitment to “social justice” is “not the end, but rather a means to an inflated sense of self and purpose in their own lives.” Crucially, involvement with others who agree with them provides an “overwhelming feeling of being part of a family.” I noticed this on my first trip down to Zuccotti Park, when I saw a telling sign adorning the entrance to the tent city: “For the first time in my life, I feel at home.” On subsequent visits I was struck by the importance of the commune to the project. As much as anything else, vast swathes of occupiers were simply looking for a new club. This group, Frontier Lab dubs the “Communitarians.”

The second group, which to all intents and purposes forms the leadership, is less existentially lost, and derives its fulfillment from the “prestige,” “validation,” and “control” afforded by the movement’s coverage in the media. Frontier Lab calls this group the “Professionals.” Its members fill the ranks of the professional Left and boast long histories of attending and organizing protests. For them, indignation is quotidian, “community action” is a career, and they feel “validated by the fame and attention” and “rewarded for their life choices.” Unlike the Communitarians, the Professionals actually want tangible change, or a “win,” but politics is still playing second fiddle to self. There is nothing spontaneous or organic about the movements they lead. They are waiting for the revolution and hope to be in its vanguard. Their careers depend upon it.

H/T to Ace, who added this post-script to the quote: “Testing on the Myers-Briggs personality profile consistently put the rank-and-file in the Stunted Weakling category, and the leadership in the Gigantic Colossal Douchebag group”

Next on the protest agenda: Occupy Xmas

Filed under: Economics, Liberty, Media, Politics — Tags: , , , , — Nicholas @ 08:33

Patrick Hayes talks about the new agenda item for the self-declared 99%:

At a time when Occupy protesters are closing up camps the world over — either due to force by the authorities or because it’s too cold to protest outside — the widely acknowledged founders of the Occupy movement, Vancouver-based magazine AdBusters has claimed protesters’ next move should be to ‘Occupy Christmas’. The rationale for this, is as follows: ‘You’ve been sleeping on the streets for two months pleading peacefully for a new spirit in economics. And just as your camps are raided, your eyes pepper-sprayed and your head’s knocked in, another group of people are preparing to camp-out. Only these people aren’t here to support Occupy Wall Street, they’re here to secure their spot in line for a Black Friday bargain at Super Target and Macy’s.’

What bastards the 99 per cent are! Occupy protesters have experienced an ordeal akin to Christ being nailed to the cross, and all the greedy, selfish, Judas-like masses want to do is shop! The new Occupy protests began on Black Friday (the day after Thanksgiving) in the US last month, where goods are heavily discounted in shops in an attempt to kick-start spending and get shops’ P&L sheets ‘into the black’ in the run-up to Christmas. Occupy protesters left their tents and headed to the malls to tell consumers — or ‘cum-sumer whores’ as some protesters put it in their leaflets — to stop buying Christmas presents at discounted prices for their loved ones.

The idea behind this, as AdBusters — renowned also for founding Buy Nothing Day — noted is that ‘Occupy gave the world a new way of thinking about the fat cats and financial pirates on Wall Street. Now let’s give them a new way of thinking about the holidays, about our own consumption habits… This year’s Black Friday will be the first campaign of the holiday season where we set the tone for a new type of holiday culminating with #OCCUPYXMAS.’

December 19, 2011

Brendan O’Neill: Hitch was no Orwell

Filed under: Liberty, Media, Politics — Tags: , , , , — Nicholas @ 10:48

As the most common comparison of the late Christopher Hitchens is to George Orwell, it seems inevitable that Brendan O’Neill would find fault with that:

Since Christopher Hitchens’s untimely death, his impressively less talented imitators in the Liberal press and blogosphere have been singing the praises of his Orwell-style arguments against tyranny. At a time when some sections of the Left are happy to snuggle up with weird-beards and dictators, we need more Orwell-inspired, Hitchensesque intolerance of authoritarianism, they tell us. It would indeed be a good thing to see some proper Left-wing liberty-mongering. However, there are two important differences between Orwell’s anti-authoritarianism and that practised by his modern-day acolytes in the Hitchens and post-Hitchens sets.

The first is in the use and abuse of the f-word. Today’s Orwell wannabes use the word “fascism” with gay abandon. For them, everything horrible is fascism. Four idiots from the north of England carrying out a terror tantrum in London? Fascism. Saddam Hussein? Fascist. Gaddafi? Fascist. Three men and a dog in a bedsit in Karachi fantasising about destroying the world? Fascists. Hitchens himself suffered serious bouts of this ahistorical Tourette’s syndrome (branding everything from Thatcherite policies to Islamic militants as fascistic), though not on the same level as his fanboys, who, lacking Hitchens’s linguistic flair, just come across like whiny teenagers railing against their parents when they bandy about the f-word.

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