Quotulatiousness

August 11, 2010

Jonathan Rauch on overturning Proposition 8

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

Jonathan Rauch has concerns about the judicial decision that overturned California’s Prop. 8:

Last week, U.S. District Judge Vaughn Walker declared that California’s ban on same-sex marriage — and, by implication, any state’s ban — violates the U.S. Constitution. The case is on its way to appeal, where it may be overturned. Already, though, gay men and women across the country are celebrating unreservedly. I only wish I could join them.

That feels strange to say. After all, as a gay man, a leading proponent of gay marriage and half of a same-sex marriage myself (my partner and I got married in the District of Columbia in June), I find so much to celebrate. How could I not?

[. . .]

So I think the decision is a radical one, but not, ironically, as it pertains to homosexuality or to marriage. No, Walker’s radicalism lies elsewhere: In his use of the Constitution to batter the principles of its two greatest exponents — Madison and Abraham Lincoln, a Burkean who was steadfast in his belief that ideals must be leavened with pragmatism.

History will, I believe, vindicate Walker’s view of marriage. Whether it will see him as having done gay rights a favor is less clear. For all its morally admirable qualities, his decision sets the cause of marriage equality crosswise with moderation, gradualism and popular sovereignty. Which, in America, is a dangerous place to be.

August 9, 2010

The inevitable decline in public respect for the police

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:13

Paul Bonneau examines the declining levels of respect among members of the public for the police:

I’ve gotten the impression lately that cops aren’t getting very much support in Internet forums these days, even in places where in the past you’d find almost unqualified support. About everyone seems fed up with ’em.

I wondered why this should be. Why are they becoming so much more frequently scorned?

[. . .]

I think one reason cops are hated is that people generally don’t like being scrutinized, and put under suspicion for minding their own business; they really, really don’t like that. Cops are always checking you out, looking for a reason to “brace” you (an old meaning of the word that looks very useful these days).

The War on Some Drugs has to cause some hatred, as more and more peoples’ lives are ruined by it. Indeed, this prison industry boondoggle has stained all aspects of the “Justice” system, not just cops.

Another reason is that cops are treated, and see themselves, as superior to the rest of us. In innumerable ways, cops are always given the benefit of the doubt; certainly legally, and also informally — although the latter seems to be fading a bit, as trust in cops fades. They are “The Only Ones”, we are “mundanes”, “proles”, peons. They can lie to us, we can’t lie to them; they can beat us up and torture us, but if we touch them it is “assault”.

Along with this insufferable attitude is a self-regard that what they are about is important and good. I suppose everyone suffers from this malady, but usually it does not impact a person as it does when one runs into a cop in the throes of it. As C.S. Lewis put it, “Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good, will torment us without end for they do so with the approval of their own conscience.” What are cops, if not “omnipotent moral busybodies”? At least when the Mafia runs a protection racket, they don’t deceive themselves they are doing you a benefit. One appreciates the Mafia’s honesty, in comparison.

August 7, 2010

Mr. Harper: Tell the Americans to bugger off!

If you’ve been reading Quotulatiousness for a while, you’ll rarely detect serious amounts of anti-Americanism. I’m not reflexively anti-American, and have little time for those folks who think that being Canadian requires an anti-American attitude. That being said, it’s time for the Canadian government to tell the American government (and Canadian “tough on crime” types) to go to hell:

The Canadian government’s effort to give the United States the authority to veto any Canadian-origin airplane passenger who is unwelcome in the United States — even on flights merely overflying the United States, without a scheduled stop in that country — is unacceptable. It is another worrisome indication that the Conservatives are posturing over-manfully over the tired hagus of law and order, at the expense of the sovereignty of Canada and the rights of its citizens and welcome visitors.

Certainly, the requirements of continental security must be emphasized to give the United States an adequate comfort level that Canada is not a conduit of terrorists. But plausibly suspected terrorists already are subject to detention in, and extradition from Canada. So the main effect of the proposed legal changes would be to extend the rules governing terrorism and other extreme criminal activity to people who are alleged wrongdoers or undesirables on much less grave and certain grounds.

It should be perfectly adequate to advise the United States of the identity of overflying passengers; and to warn all passengers that if they are sought in the United States, or persona non grata in that country for any reason, in the unlikely event of an unscheduled stateside landing, they could be at risk of inconvenience and even detention.

Canada is, despite recent attempts to emulate a doormat, an independent country. We’ve been “offered” chances to join the union and have seen off those offers with fixed bayonets (our own and our British allies). We share with the United States what used to be the world’s longest undefended border, and both countries have benefitted from this arrangement for more than a century. Since 9/11, the “undefended” status has become less and less accurate.

It is in our interests to keep that border as open as possible: most Canadian businesses depend on having access to the 300+ million American market, and our economy would suffer greatly if the border was closed. What would be a minor economic inconvenience to the Americans would be a devastating government-induced depression to Canada. But keeping the border open is not worth allowing Washington to dictate Canada’s foreign and domestic policies.

Though not identical, it smacks of the British practice in the early 18th century of seizing American seamen and forcing them into servitude on British ships. That practice led to the War of 1812, a slightly farcical conflict in which a British-Canadian shore party burned down the White House and the U.S. Capitol, and chased President Madison out of Washington with a painting of the first president under his arm, (one of the less publicized but more picturesque episodes in the eventful history of the U.S. presidency).

It’s unlikely that a war of any kind would break out between Canada and the United States, thank goodness, but Canada should not kowtow to American pressure. Tell Mr. Obama to go to hell, Stephen!

Pat Condell: Freedom is my religion

Filed under: Europe, Liberty, Religion — Tags: , , , , , — Nicholas @ 20:14

August 6, 2010

Tide turning on porn prosecutions in the UK?

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 09:00

After the US government’s prosecution of a pornography company owner collapsed last month, the British anti-porn campaign has suffered a setback. The Register reports on the case:

A stunning reversal for police and prosecution in North Wales may herald the beginning of the end for controversial legislation on possession of extreme porn.

The case, scheduled to be heard yesterday in Mold Crown Court, was the culmination of a year-long nightmare for Andrew Robert Holland, of Coedpoeth, Wrexham, Clwyd as the CPS declined to offer any evidence, and he left court a free man. The saga began last summer when, following a tip-off, police raided Holland’s home looking for indecent images of children. They found none, but they did find two clips, one involving a woman purportedly having sex with a tiger, and one which is believed to have depicted sado-masochistic activity between adults.

Despite Holland’s protests that he had no interest in the material, and that it had been sent to him unsolicited “as a joke”, he was charged with possessing extreme porn. In a first court appearance in January of this year, the “tiger porn” charge was dropped when prosecuting counsel discovered the volume control and at the end of the action heard the tiger turn to camera and say: “That beats doing adverts for a living.”

The laws are seriously skewed when the potential punishment for simple possession of “extreme” pornography approaches the actual punishment for serious violent crime.

August 5, 2010

US governments still finding this “free speech” thing annoying

If you support the notion of free speech, it is most important to support it during elections . . . but not everyone feels this way:

The Associated Press reports that California’s Fair Political Practices Commission (FPPC) is considering “how to regulate new forms of political activity such as appeals on a voter’s Facebook page or in a text message.

Not whether to regulate these new forms of political speech, but how.

The recommendations apparently include “requiring tweets and texts to link to a website that includes . . . full disclosures, although some people feel the disclosure should be in the text itself no matter how brief . . . .”

To paraphrase Chief Justice John Roberts, this is why we don’t leave our free speech rights in the hands of FPPC bureaucrats. To bureaucrats like those at the FPPC, the Federal Election Commission or their analogues, there seems to be no need to show any evidence that Twitter, Facebook or text messages actually pose any threat to the public. It is enough that they these new forms of low-cost media aren’t currently regulated, but could be. Their primary concern, apparently, is that the regulation of political speech be as comprehensive as possible.

Free speech can be a messy thing — but censorship is worse.

August 3, 2010

Your elected representatives demand tokens of your respect

Filed under: Government, Liberty, Politics, USA — Tags: , , — Nicholas @ 07:44

You may have elected them (someone had to), but you must show deference and respect at all times:

Sources reported this week that the city council of Elmhurst, Ill., had asked its attorney to research various definitions of “disorderly conduct,” in the course of considering possible changes to rules of decorum in city council meetings. The move was prompted by an incident in June in which a frustrated citizen rolled her eyes and audibly sighed during a meeting, and was promptly ejected from the chamber.

Reportedly, Darlene Helsop had hoped to speak to the finance committee about its plan to hire a state lobbyist, but wasn’t given the opportunity to do so. She sighed and rolled her eyes, to the great irritation of committee chairman Stephen Hipskind. “Making faces behind the mayor’s back is disruptive, in my opinion,” he said, and he ordered Helsop to leave. To their credit, other council members objected and two left, ending the meeting for lack of a quorum. But the council still seems to have asked its attorney to look into the legal ramifications of a rule that would encompass eye-rolling and (presumably) face-making.

So remember, serfs citizens, show respect to your owners leaders . . . or else!

July 29, 2010

An end to ASBOs in sight?

Filed under: Britain, Law, Liberty, Media — Tags: , , , — Nicholas @ 09:01

BBC News thinks that the much-maligned ASBO may be going away.

Home Secretary Theresa May has signalled the possible end of Asbos in England and Wales, saying it is “time to move beyond” the orders, first introduced by Labour 11 years ago.

They have been imposed on 10-year-old boys and 80-year-old women, used to sober up persistent drunks and mute noisy neighbours.

Of course, one of the more useful aspects of the ASBO has been to allow the media an easy way to find stories to run in the quiet times, like this one:

A 60-year-old man from Northampton was banned from dressing as a schoolgirl.

Peter Trigger’s Asbo stopped him from wearing skirts or showing bare legs on school days between 0830 and 1000 and 1445 and 1600.

The authorities acted after parents complained he was waiting near a primary school dressed in clothes similar to school uniform. He then breached this in December last year by bending over in front of his neighbours repeatedly.

You see, without the ASBO, reporters would have to dig up gems like that themselves, instead of having the local police blotter highlight the most newsworthy items for them.

I often wondered, when reading some of the weird and whacky things that people were hit with ASBOs over, why existing laws weren’t applied (lots of these violations were clearly against the law before ASBOs were created). The intent may have been to give judges more flexibility in sentencing, but in practice it appears to have created a “market” in unusual sentences and distorted the notion of equality before the law.

July 28, 2010

More on that elusive right to photography

Filed under: Law, Liberty — Tags: , , — Nicholas @ 12:13

Jon, my former virtual landlord sent me a link to this article, with more on the “you have the right only if they don’t stop you” aspect of imaginary laws and their not-so-imaginary enforcers:

Legally, it’s pretty much always okay to take photos in a public place as long as you’re not physically interfering with traffic or police operations. As Bert Krages, an attorney who specializes in photography-related legal problems and wrote Legal Handbook for Photographers, says, “The general rule is that if something is in a public place, you’re entitled to photograph it.” What’s more, though national-security laws are often invoked when quashing photographers, Krages explains that “the Patriot Act does not restrict photography; neither does the Homeland Security Act.” But this doesn’t stop people from interfering with photographers, even in settings that don’t seem much like national-security zones.

Tennessee law student Morgan Manning has compiled a list of incidents in which individuals were wrongly stopped. Cases like that of Seattle photographer Bogdan Mohora, who was arrested for taking pictures of police arresting a man and had his camera confiscated. Or NASA employee Walter Miller, who was stopped for photographing an art exhibit near the Indianapolis City-County Building and told that “homeland security” forbade photos of the facility. More recently, a CBS news crew was turned back from shooting the oil-fouled gulf coastline by two U.S. Coast Guard officers who said they were enforcing “BP’s rules.”

All of which leads people to believe that there really are laws restricting peoples’ right to take photographs or videos, because police and other government officials keep acting like there are such laws.

So what should you do if you’re taking photos and a security guard or police officer approaches you and tells you to stop? First, be polite. Security people have tough jobs and probably mean well. Ask them what legal authority they have to make you stop. (If you’re in a public place, like a street, a park, etc., they have none; if you’re in a private place, such as a shopping mall, they may have a basis for banning pictures.) Krages advises those hassled by security guards to threaten to call law enforcement. If it’s an actual police officer who’s telling you to stop shooting, ask to speak to a superior. And remember — you never have a legal duty to delete pictures you’ve taken.

More importantly, we need better education among security guards and law enforcement. In Britain, the country’s police chiefs’ association is attempting to educate officers about the rights of photographers. So far, nothing like that has happened in the U.S., but it should. Trying to block photography in public places is not only heavy-handed and wrong but, thanks to technology, basically useless. With the proliferation of cameras in just about every device we carry, digital photography has become too ubiquitous to stop. Let’s have a truce in the war on photography and set our sights on the real bad guys. Who, it seems, don’t carry cameras anyway.

What is a “fusion center”?

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 07:50

Wendy McElroy thinks you should know how much domestic surveillance has increased in recent years:

The Fort Wayne Journal Gazette reported on July 25 that “there are 72 fusion centers around the nation, analyzing and disseminating data and information of all kinds. That is one for every state and others for large urban cities.”

What is a fusion center?

The answer depends on your perspective. If you work for the Department of Homeland Security, it is a federal, state, local, or regional data-coordination units, designed to improve the sharing of anti-terrorism and anti-crime data in order to make America safer. If you are privacy or civil-rights advocate, it is part of a powerful new domestic surveillance infrastructure that combines data from both the public and private sectors to track innocent people and so makes Americans less safe from their own government. In that respect, the fusion center is reminiscent of the East German stasi, which used tens of thousands of state police and hundreds of thousands of informers to monitor an estimated one-third of the population.

The history of fusion centers provides insight into which answer is correct.

July 23, 2010

Define, or be defined

Filed under: Economics, Liberty, Media — Tags: , , — Nicholas @ 22:28

Jesse Walker looks at efforts to take the notion of “capitalism” and wrap it up in the more user-friendly term “free enterprise”:

[T]here’s an effort afoot to rebrand “capitalism” as “free enterprise.” On the face of it, I like the idea. Capital is going to be a central part of any modern economic system, whether or not there’s a lot of government intervention. By contrast, the phrase “free enterprise” implies economic liberty.

Unfortunately, MSNBC identifies the chief force behind the idea as the U.S. Chamber of Commerce, a group whose commitment to economic liberty is so strong that it came out for TARP, the Detroit bailout, and the 2009 stimulus. If the Chamber were more honest about its outlook, it would reject “free enterprise” for a more frank label, like “corporate welfare.” But I suspect that wouldn’t be good branding.

In the same way we had to give up the historical meaning of the word “liberal” to folks who used it to imply almost the opposite, we should probably abandon the word “capitalism”. For a start, the word was popularized by that great pamphlet writer Karl Marx, and it has a pejorative connotation to most people who hear it used. “Capitalists” are folks in top hats who ride in chauffeured limousines and have no sympathy or respect for “the working man”. Try subbing in “Plutocracy” or “Rich F*cking Bastards” and you’ll get close to the popular image of the current term.

In any argument where you try using terms that have been appropriated by your opponents, you’re already ceding the high ground. “Capitalism” is a word that comes pre-loaded with all the negativity your opponents delight in — don’t play their game by their rules!

Nick Gillespie predicts next season’s key moments in Mad Men

Filed under: History, Liberty, Media — Tags: , , , , — Nicholas @ 22:14

I’m not qualified to judge, as I’ve never watched the show (in spite of the enticement of casting Christina Hendricks in a vital role). How do Nick’s predictions match your expectations for the new season of the show?

My recollections of the era aren’t relevant: I was four years old, and living in another country at the time.

July 20, 2010

Welcome back to the draft era

Filed under: Government, Law, Liberty, Military, USA — Tags: , , , — Nicholas @ 07:11

. . . at least, if Representative Charles Rangel gets this piece of dreck through the legislative process:

HR 5741 IH

111th CONGRESS
2d Session
H. R. 5741

To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.

If this passes, I’ll be happy to welcome the next generation of draft dodgers into Canada. In spite of their sometimes loopy politics, we managed to absorb the last bunch reasonably well.

July 17, 2010

QotD: The census as legalized theft of time and resources

Filed under: Bureaucracy, Cancon, Economics, Government, Liberty, Quotations — Tags: — Nicholas @ 21:01

Those defending the Census’ mandatory long form have clothed their arguments in the public interest. We need, they argue, a detailed, fair and statistically accurate count of the population to ensure that government services and programs are effectively delivered to Canadians. Without going into how useful many of these programs really are, let’s agree that the Census provides an enormously valuable store of data. Data that is used not only by all three levels of government, but also market researchers, academics, corporations and charities.

The data gathered by the Census is a vital resource for both the public and private sector. But it is not the only valuable product or service used by governments. Governments also large use large quantities cement, asphalt, paper, sophisticated electronic equipment and the services of tens of thousands of Canadians. Yet it is expected that government pay for these products and services, from Canadians who voluntarily exchange their talents and energies.

If employees of the federal government started randomly seizing cement trucks, or conscripting people off the streets to build roads, such conduct would be rightly denounced. It would be the sort of behaviour one expects of thugs like Hugo Chavez or Fidel Castro, not the government of a free country like Canada. The Census, for the all the recent beating of breasts and furrowing of brows, is just another service the government needs to conduct its affairs.

A mandatory cenus is less about some hazy notion of the public interest, and more about governments, corporations, academics and other consumers of Census data getting a free ride. Rather than having to conduct their own research, and make careful adjusts to compensate for possible distortions between samples and the overall popualtion, these data consumers get the government to force ordinary Canadians to save them the bother.

Publius, “The Census: Government Information Theft”, Gods of the Copybook Headings, 2010-07-16

July 16, 2010

Addressing the science and technology gender gap

Filed under: Economics, Education, Liberty, Science, Technology — Tags: , , , — Nicholas @ 09:32

It must be the start of the silly season, as lots of words are being flung around about the low number of women in science, technology, engineering, and math (STEM). The numbers are well short of gender parity, which some are latching on to as prima facie proof of misogyny, prejudice, and deliberate stunting of women’s career choices. Legislative and regulatory “fixes” are being suggested. Not so fast, says Eric S. Raymond:

Let’s get one shibboleth out of the way first: Larry Summers was right to be skeptical about the prospects for “equality” in STEM (science, technology, math, engineering) fields in general. Just the difference in dispersion of the IQ curves for males and females guarantees that, let alone the significant differences in mean at spatial visualization and mathematical ability. Removing all the institutional, social and psychological barriers will not achieve a 1:1 sex ratio in these fields; the best we can hope for is a large, happy female minority — that is, as opposed to a small and unhappy one.

[. . .]

I don’t mean to deny that there is still prejudice against women lurking in dark corners of the field. But I’ve known dozens of women in computing who wouldn’t have been shy about telling me if they were running into it, and not one has ever reported it to me as a primary problem. The problems they did report were much worse. They centered on one thing: women, in general, are not willing to eat the kind of shit that men will swallow to work in this field.

Now let’s talk about death marches, mandatory uncompensated overtime, the beeper on the belt, and having no life. Men accept these conditions because they’re easily hooked into a monomaniacal, warrior-ethic way of thinking in which achievement of the mission is everything. Women, not so much. Much sooner than a man would, a woman will ask: “Why, exactly, am I putting up with this?”

Correspondingly, young women in computing-related majors show a tendency to tend to bail out that rises directly with their comprehension of what their working life is actually going to be like. Biology is directly implicated here. Women have short fertile periods, and even if they don’t consciously intend to have children their instincts tell them they don’t have the option young men do to piss away years hunting mammoths that aren’t there.

Eric feels that the big problem (at least in computing) is that the field has become the modern sweatshop: better paid by far than sweatshops of the non-digital nature, but still the kind of work that only appeals to the obsessives, the ones who like to focus monomaniacally on goals. As a general rule, men are much more likely to accept this kind of work, as men tend to have a bias towards monomania that most women don’t.

There’s also the social aspect: geeks don’t talk to one another in the same way or for the same lengths of time as non-geeks do. They may communicate by email or instant messaging or other non face-to-face media, but conversation — unless it’s focused on the task at hand — isn’t a preferred activity during work hours (which, for a true geek, may be all the hours not spent sleeping or eating). Looking at that kind of environment doesn’t attract people who are well socialized and who are used to more interaction with co-workers.

As a comment on Eric’s post put it: “You’re saying the real “problem” with the gender ratios is not sexism, its that most women have more sense than we males do!”

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