Here one comes upon an all-important English trait: the respect for constitutionalism and legality, the belief in “the law” as something above the State and above the individual, something which is cruel and stupid, of course, but at any rate incorruptible.
It is not that anyone imagines the law to be just. Everyone knows that there is one law for the rich and another for the poor. But no one accepts the implications of this, everyone takes it for granted that the law, such as it is, will be respected, and feels a sense of outrage when it is not. Remarks like “They can’t run me in; I haven’t done anything wrong”, or “They can’t do that; it’s against the law”, are part of the atmosphere of England. The professed enemies of society have this feeling as strongly as anyone else. One sees it in prison-books like Wilfred Macartney’s Walls Have Mouths or Jim Phelan’s Jail Journey, in the solemn idiocies that take place at the trials of conscientious objectors, in letters to the papers from eminent Marxist professors, pointing out that this or that is a “miscarriage of British justice”. Everyone believes in his heart that the law can be, ought to be, and, on the whole, will be impartially administered. The totalitarian idea that there is no such thing as law, there is only power, has never taken root. Even the intelligentsia have only accepted it in theory.
George Orwell, “England Your England”, 1941-02-19.
May 9, 2019
QotD: Respect for the law
May 8, 2019
Your electronic devices and the Canadian Border Services Agency
A few years ago, many civil libertarians were upset that the US government allowed warrantless searches of electronic devices at the border, but it was less well known that the Canadian Border Services Agency does the same at the Canadian border:
“Canadian Border Sign” by jimmywayne is licensed under CC BY-NC-ND 2.0
According to the CBSA, it has the right to search electronic devices at the border for evidence of customs-related offences — without a warrant — just as it does with luggage.
If travellers refuse to provide their passwords, officers can seize their devices.
The CBSA said that between November 2017 and March 2019, 19,515 travellers had their digital devices examined, which represents 0.015 per cent of all cross-border travellers during that period.
During 38 per cent of those searches, officers uncovered evidence of a customs-related offence — which can include possessing prohibited material or undeclared goods, and money laundering, said the agency.
While the laws governing CBSA searches have existed for decades, applying them to digital devices has sparked concern in an era where many travellers carry smartphones full of personal and sometimes very sensitive data.
A growing number of lawyers across Canada argue that warrantless digital device searches at the border are unconstitutional, and the practice should be stopped or at least limited.
“The policy of the CBSA of searching devices isn’t something that is justifiable in a free and democratic society,” said Wright who ran as a Green Party candidate in the 2015 federal election.
“It’s appalling, it’s shocking, and I hope that government, government agencies and the courts, and individual citizens will inform themselves and take action.”
May 6, 2019
“Casual sex” isn’t actually all that casual to most women
Suzanne Venker makes the case that the innate physiological and psychological differences between men and women accounting for most women’s much lower comfort level with “no-strings-attached” sexual encounters:
The differences between women and men are vast, and in no domain is this more true than sex. Our bodies alone prove this in spades! If one body carries life and the other doesn’t, this clearly makes the sexes unequal. Newsflash: The birth control pill doesn’t change a woman’s inherent nature — it merely gives the illusion she’s just like a man.
She’s not. A woman’s need to bond with a man, to feel safe and loved and committed to, is crucial for her to feel secure enough to let down her guard sexually. That’s why she feels uneasy about one-night stands. Her body won’t cooperate.
It’s also why men, not women, are the ones who gain the most from casual sex. (To be clear: I’m not arguing that it’s “OK” or even good for men to sleep around; I’m simply pointing out why, from a physical standpoint, they aren’t angst-ridden when they do.)
Women just aren’t designed for one-night stands. What do we think all those films and television programs are about where the man and the woman have sex and he doesn’t call her the next day, so she thinks he’s a jerk? If women were “just like men,” this would never be a theme in the first place.
When it comes to uncommitted sex, women are playing a game they can’t win. Feeling “used,” or like a “booty call,” is the most common experience of women who engage in casual sex, or “hookups,” whether they’re teenagers or grown women. That just isn’t the case for most men.
Every American over the age of 40 knows this to be true, and adults in schools and at home are failing our youth by not passing this wisdom along — particularly when young people are bombarded with the lie that casual sex is empowering.
May 4, 2019
May 3, 2019
The rarely used US Foreign Agent Registration Act (FARA)
Ron Paul wonders why Russian national Maria Butina got a harsher sentence under the Foreign Agent Registration Act than an actual foreign agent who was paid millions of dollars by the Iraqi regime under Saddam Hussein:
Russian gun rights activist and graduate exchange student Maria Butina was sentenced to 18 months in prison last week for “conspiracy to act as a foreign agent without registering.” Her “crime” was to work to make connections among American gun rights activists in hopes of building up her organization, the Right to Bear Arms, when she returned to Russia.
She was not employed by the Russian government nor was she a lobbyist on Putin’s behalf. In fact the Putin Administration is hostile to Russian gun rights groups. Nevertheless the US mainstream media and Trump’s Justice Department are treating her as public enemy number one in a case that will no doubt set the dangerous precedent of criminalizing person-to-person diplomacy in the United States.
The Foreign Agent Registration Act (FARA) was passed in 1938 under pressure from the FDR Administration partly to silence opposition to the US entry into World War II. While a handful of cases were prosecuted during the war, between 1966 and 2015 the Justice Department only brought seven FARA cases for prosecution.
Though very few cases have been brought on FARA violations, one of them was against Samir Vincent, who was paid millions of dollars by Saddam Hussein to lobby for sanctions relief without registering. He got off with a fine and “community service.”
Millions of dollars in unregistered payments from Saddam Hussein gets no jail time, while Butina gets 18 months in prison for privately promoting a cause most Americans support! How is this justice?
The US Justice Department is not even as tough on illegals who commit capital crimes in the US!
Unfortunately Maria Butina was in the wrong place at the wrong time. With the rise of the “Russiagate” hysteria, Butina’s case was seen as a useful tool by Democrats to push the idea that President Trump was put into office by the Russians. Plus, many of them are also hostile to our Second Amendment and to the National Rifle Association. So it was a perfect storm for Butina.
QotD: The key difference between The Fountainhead and Atlas Shrugged
Reading Goddess of the Market much later in life, I finally met the woman behind the philosophy. Rand doesn’t start out so bad, at least in Burns’ telling. Who can blame the Russian-born Rand, watching helplessly as Communists seize her father’s pharmacy, for growing up to be a furious foe of collectivism (and realpolitik compromise), whose übermensch heroes fight back against the “parasites, moochers and looters“, and win?
Yet the sprinklings of patriotic, almost Capra-esque populism that softened The Fountainhead’s unavoidable elitism are absent entirely in her follow-up, Atlas Shrugged, replaced by an almost hallucinatory misanthropy. What happened, Burns wonders, in the intervening thirteen years?
The answer seems obvious to me now, rereading her book in my 50s:
Menopause.
Ayn Rand, the avatar of adolescence, was going through The Change.
“Now in her forties,” writes Burns of the author between novels, “Rand struggled with her weight, her moodiness, her habitual fatigue.” Already dependent on the crazy-making Benzedrine she’d been popping to help her meet her Fountainhead deadline, Rand was hurtling toward what we’d now recognize as a midlife crisis.
Enter Nathaniel Blumenthal. He’d begun corresponding with Rand while still a high school student, but unlike her thousands of other teenage fans, he’d even memorized The Fountainhead. At UCLA, he’d coauthored a letter to the campus paper, declaring that a professor with suspected Communist ties who’d killed himself deserved “to be condemned to hell.” Then he changed his surname to “Branden” because it had “Rand” in it.
So, basically a nut.
Kathy Shaidle, “The Danger of Ayn Rand”, Taki’s Magazine, 2017-04-18.
April 29, 2019
Cannabis stores struggling against cheaper black market weed outlets
In a rational world, a license to sell legal cannabis from a storefront where you have almost a legal monopoly would be a license to print money — the market demand is very clearly real and widespread. Yet Toronto’s legal cannabis stores are still suffering:
How much would it suck to go through all the trouble of opening a legal weed store, only to have dozens of people do the exact same thing without paying for permits, inspections or meeting any sort of government regulations?
How much would it suck to then watch these people not only get away with their illegal operations, but do so while luring your customers away with cheaper prices?
Probably as much as it would suck to sink years of your life into building a retail cannabis business and then learning that only 25 of such stores could exist in all of Ontario — and that the owners of those stores would be chosen at random.
It’s been nearly one month since Doug Ford’s PC government allowed the first wave of brick and mortar retail cannabis stores to open across Ontario. Three have launched so far in Toronto, where five licenses were issued in total, but many consumers aren’t pleased with consistently long lines and higher (than pre-legalization) prices.
So, like the rest of Canada, Toronto continues to buy black market weed.
Roughly 20 unlicensed dispensary storefronts are still up and running across the city as of April 25, in addition to more than 100 illegal marijuana delivery services.
You can find them all on WeedMaps, a popular online cannabis community that’s been listing these types of businesses for adult consumers in North America since 2008.
It’s not that police and bylaw enforcement officers can’t find these illicit dispensaries — I mean, operators are advertising their locations and menus online for all to see.
The problem is that no level of government can (or will) shut them down for very long.
“Why not?” you ask? Well, it’s complicated.
April 26, 2019
“Rose Wilder Lane may be the most controversial woman nobody’s ever heard of”
NPR‘s Etelka Lehoczky interviews cartoonist Peter Bagge about his new book, Credo: The Rose Wilder Lane Story:
Journalist, novelist and polemicist Rose Wilder Lane may be the most controversial woman nobody’s ever heard of. Today she’s known primarily for her turbulent collaboration with her famous mother, Laura Ingalls Wilder, on the Little House on the Prairie books. But Lane’s story doesn’t end there — far from it. A fire-breathing libertarian, she denounced Social Security as a “Ponzi scheme” and grew her own food to protest World War II rationing. From the 1920s through the 1960s she wrote one of the first libertarian manifestos (1943’s The Discovery of Freedom), hobnobbed with Ayn Rand, penned six novels and amassed a 100-plus-page FBI file. In Credo: The Rose Wilder Lane Story, cartoonist Peter Bagge illustrates Lane’s hurly-burly life in his own inimitable way.
Lane isn’t the first controversial woman Bagge has chosen to write (and draw) about — he published books on Margaret Sanger in 2013 and Zora Neale Hurston in 2017. In an email conversation, he told me why he decided to focus on these particular women.
“I was ready to do a book-length comic-book biography, and while reading about people’s life stories I noticed there were women during the years around the world wars who pretty much did exactly what they wanted,” he says. “It struck a note in me just because there’s been — and it isn’t just with women, it’s with everybody these days — this obsession with safety. You know, ‘I don’t feel safe,’ or, ‘Because of how I identify myself, there are people trying to hold me back.’ These women never, ever stopped for a single second in doing what they wanted to do. In the back of my mind I thought this would be something of a demonstration of how people could be and — I would argue — should be.”
March 30, 2019
The EU’s copyright regulation is a stalking horse for online censorship and control
To the amazement of many non-EU observers, the European Parliament passed blatantly authoritarian and corporatist changes to the rules on copyrights that will have potentially vast impact on the internet across the world, not just inside the EU. At City A.M., Kate Andrews explains why this is such bad news for all internet users:
The two most controversial points in the law – Article 11 and Article 13 – are almost certain to stifle digital activity, and interfere with the free way that people currently use online platforms.
Article 11, known as the “link tax”, would make online platforms compensate press publishers for links and article content posted on their sites.
As my colleague Victoria Hewson highlighted in her latest briefing, this approach has been “widely criticised as a distortive measure that seeks to prop up a declining industry”.
As many local and national newspapers decline in readership and revenue, governments have become increasingly protectionist in their attempts to “rebalance” the sector, by cracking down on online platforms.
The link tax has little merit, even if rebalancing is the goal. News outlets which require payment for readership already have logins and paywalls to protect their content from free access.
[…]
Article 13 will also be distortive to the market, as it makes online platforms increasingly liable for copyright infringement.
As Hewson’s briefing notes, major online platforms already have routine screening processes for content that violates copyright law or their own rules. But the new regulations “remove the protection for platforms previously available if they removed violating content promptly on receiving notice of it, and contravene fundamental rights such as free expression and freedom from monitoring”.
The Directive claims that safeguards – including pastiche, parody, and quotations – will be protected, and that meme content has been excluded.
But the algorithms which these platforms will have to implement to adhere to Article 13 are going to struggle to see the difference between infringement and fair use when comparing uploads to content that is registered as copyrighted.
March 29, 2019
March 18, 2019
Reconciling the libertarian and anti-immigration wings of Maxime Bernier’s PPC
In the Post Millennial, Brad Betters looks at how the PPC’s libertarian ideals co-exist with skepticism about current government immigration plans:
While there are many patterns of abuse in the mass media’s everyday coverage of Maxime Bernier — i.e. the constant comparisons to Donald Trump, the failure to actually engage with his policies, quoting those who accuse him of “pandering”, while failing to quote his supporters (although there is the occasional exception) — one that jumps out is the routine questioning of his ideological bona fides.
Being ideologically inconsistent is a serious charge for many among Bernier’s base. While not a concern for liberals and progressives (they just want power and results), it is for many conservatives, even if it means becoming “beautiful losers”, as one US conservative commentator put it years back.
Recently, the National Post’s John Ivison referred to Bernier’s party, the People’s Party of Canada (PPC), as being plagued by a “fundamental contradiction” in that it’s “led by a libertarian free-marketer and supported by anti-globalists.”
Although vague, Ivison is no doubt, at least in part, referring to the PPC’s call to reduce immigration levels. His Post colleague Stuart Thomson was more express, calling Bernier’s immigration position “a diversion from his ideological playbook” — a criticism repeated by Global News’ West Block host Mercedes Stephenson among others.
In calling to reduce immigration, Bernier is being perfectly faithful to free-market thought. Importing workers from abroad, if high enough, can lead to supply shocks in the domestic labour market, weighing down and distorting wage rates in the process — indeed, economists are mystified why wages in Canada have flatlined despite years of growing GDP.
For large employers, these expansions can lead to giant windfalls and a chance to avoid facing market discipline — i.e. by not innovating or offering the wages needed to draw in new workers. Markets which are expanded artificially are not “free”, and profits pumped-up with the help of government we usually call ‘subsidies’: two things free-marketer libertarians revile.
Equally reviled among libertarians is ‘big government’; something that goes hand in hand with mass immigration. Large populations with diverse languages, cultures, and religions serve as a perfect excuse for new government programs and bureaucratic meddling: from government-funded language instruction, translators, and signage, to more housing and educational and job-training initiatives for unprepared newcomers.
Overlaying all this is the array of government watchdogs mandated to ensure immigrating visible minorities get the requisite (i.e. ever-increasing) amount of cultural sensitivity and achieve economic parity with old-stock Canadians.
March 15, 2019
QotD: Gender correctness
Five years ago, if someone had told you it would soon become tantamount to a speechcrime to say ‘There are two genders’, you would have thought them mad.
Sure, we live in unforgivably politically correct times. Ours is an era in which the offence-taking mob regularly slams comedians for telling off-colour jokes, demands the expulsion from campus of speakers who might offend students’ sensibilities, and hollers ‘Islamophobe’, ‘homophobe’ or ‘transphobe’ at anyone who transgresses their moral code on anything from same-sex marriage to respecting Islam. (A phobia, we should always remind ourselves, is a mental malaise, a disturbance of the mind. How very Soviet Union to depict your opponents essentially as mentally diseased.)
And yet for all that, surely it would never become a risky business to utter the opinion: ‘There are men and women and that’s all.’ Well, that has now happened. It is now looked upon as hateful, sinful and phobic, of course, to express a view that has guided humanity for millennia: that humankind is divided into two sexes, and they are distinctive, and one cannot become the other.
Say that today in a university lecture room packed with right-on millennials and watch their faces contort with fury. Write it in a newspaper column or blog post and witness the swift formation of a virtual mob yelling for you to be fired. Say it on TV and there will be protests against you, petitions, demands that you and your foul, outdated ideology be denied the oxygen of televisual publicity.
Brendan O’Neill, “It isn’t TERFs who are bigoted – it’s their persecutors”, Spiked, 2019-01-28.
March 8, 2019
Stephen Fry on Political Correctness and Clear Thinking
The Rubin Report
Published on 4 Apr 2016Stephen Fry (actor and comedian) joins Dave Rubin for a quick discussion about political correctness, clear thinking, V for Vendetta, free speech, and his decision to quit Twitter.
This is a bonus edition of ‘The Sit Down’ on The Rubin Report, filmed on the set of Larry King Now.
What are your thoughts? Comment below or tweet to Dave: https://twitter.com/RubinReport
Watch more on Ora TV: http://www.ora.tv/rubinreport
Find us on Patreon: https://www.patreon.com/rubinreport?ty=h
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Stephen Fry
Actor, Author, and Comedian
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Care about free speech? Tired of political correctness? Like discussions about big ideas? Watch Dave Rubin on The Rubin Report. Real conversations, unfiltered rants, and one on one interviews with some of the most interesting names in news and entertainment. Comedians, authors, and influencers join Dave each week to break down the latest in politics and current events. Real people, real issues, real talk.
February 28, 2019
ProTip – Never, ever, ever read the comments
Scott Alexander explains why he had to ask the moderators to shut down the r/slatestarcodex subreddit’s Culture War thread:
This post is called “RIP Culture War Thread”, so you may have already guessed things went south. What happened? The short version is: a bunch of people harassed and threatened me for my role in hosting it, I had a nervous breakdown, and I asked the moderators to get rid of it.
I’ll get to the long version eventually, but first I want to stress that this isn’t just my story. It’s the story of everyone who’s tried to host a space for political discussion on the Internet. Take the New York Times, in particular their article Why No Comments? It’s A Matter Of Resources. Translated from corporate-speak, it basically says that unmoderated comment sections had too many “trolls”, so they decided to switch to moderated comment sections only, but they don’t have enough resources to moderate any controversial articles, so commenting on controversial articles is banned.
And it’s not just the New York Times. In the past five years, CNN, NPR, The Atlantic, Vice, Bloomberg, Motherboard, and almost every other major news source has closed their comments – usually accompanied by weird corporate-speak about how “because we really value conversations, we are closing our comment section forever effective immediately”. People have written articles like The Comments Apocalypse, A Brief History Of The End Of The Comments, and Is The Era Of Reader Comments On News Websites Fading? This raises a lot of questions.
Like: I was able to find half a dozen great people to do a great job moderating the Culture War Thread 100% for free without even trying. How come some of the richest and most important news sources in the world can’t find or afford a moderator?
Or: can’t they just hide the comments behind a content warning saying “These comments are unmoderated, read at your own risk, click to expand”?
This confused me until I had my own experience with the Culture War thread.
The fact is, it’s very easy to moderate comment sections. It’s very easy to remove spam, bots, racial slurs, low-effort trolls, and abuse. I do it single-handedly on this blog’s 2000+ weekly comments. r/slatestarcodex’s volunteer team of six moderators did it every day on the CW Thread, and you can scroll through week after week of multiple-thousand-post culture war thread and see how thorough a job they did.
But once you remove all those things, you’re left with people honestly and civilly arguing for their opinions. And that’s the scariest thing of all.
Some people think society should tolerate pedophilia, are obsessed with this, and can rattle off a laundry list of studies that they say justify their opinion. Some people think police officers are enforcers of oppression and this makes them valid targets for violence. Some people think immigrants are destroying the cultural cohesion necessary for a free and prosperous country. Some people think transwomen are a tool of the patriarchy trying to appropriate female spaces. Some people think Charles Murray and The Bell Curve were right about everything. Some people think Islam represents an existential threat to the West. Some people think women are biologically less likely to be good at or interested in technology. Some people think men are biologically more violent and dangerous to children. Some people just really worry a lot about the Freemasons.
Each of these views has adherents who are, no offense, smarter than you are. Each of these views has, at times, won over entire cultures so completely that disagreeing with them then was as unthinkable as agreeing with them is today. I disagree with most of them but don’t want to be too harsh on any of them. Reasoning correctly about these things is excruciatingly hard, trusting consensus opinion would have led you horrifyingly wrong throughout most of the past, and other options, if they exist, are obscure and full of pitfalls. I tend to go with philosophers from Voltaire to Mill to Popper who say the only solution is to let everybody have their say and then try to figure it out in the marketplace of ideas.
But none of those luminaries had to deal with online comment sections.
The thing about an online comment section is that the guy who really likes pedophilia is going to start posting on every thread about sexual minorities “I’m glad those sexual minorities have their rights! Now it’s time to start arguing for pedophile rights!” followed by a ten thousand word manifesto. This person won’t use any racial slurs, won’t be a bot, and can probably reach the same standards of politeness and reasonable-soundingness as anyone else. Any fair moderation policy won’t provide the moderator with any excuse to delete him. But it will be very embarrassing for to New York Times to have anybody who visits their website see pro-pedophilia manifestos a bunch of the time.
“So they should deal with it! That’s the bargain they made when deciding to host the national conversation!”
No, you don’t understand. It’s not just the predictable and natural reputational consequences of having some embarrassing material in a branded space. It’s enemy action.
Every Twitter influencer who wants to profit off of outrage culture is going to be posting 24-7 about how the New York Times endorses pedophilia. Breitbart or some other group that doesn’t like the Times for some reason will publish article after article on New York Times‘ secret pro-pedophile agenda. Allowing any aspect of your brand to come anywhere near something unpopular and taboo is like a giant Christmas present for people who hate you, people who hate everybody and will take whatever targets of opportunity present themselves, and a thousand self-appointed moral crusaders and protectors of the public virtue. It doesn’t matter if taboo material makes up 1% of your comment section; it will inevitably make up 100% of what people hear about your comment section and then of what people think is in your comment section. Finally, it will make up 100% of what people associate with you and your brand. The Chinese Robber Fallacy is a harsh master; all you need is a tiny number of cringeworthy comments, and your political enemies, power-hungry opportunists, and 4channers just in it for the lulz can convince everyone that your entire brand is about being pro-pedophile, catering to the pedophilia demographic, and providing a platform for pedophile supporters. And if you ban the pedophiles, they’ll do the same thing for the next-most-offensive opinion in your comments, and then the next-most-offensive, until you’ve censored everything except “Our benevolent leadership really is doing a great job today, aren’t they?” and the comment section becomes a mockery of its original goal.
I’ll allow one exception to the rule I provided in the headline: the comments at David Thompson’s blog are always worth reading, but I have to assume that David or countless unpaid minions must work very hard indeed to maintain the quality of comments that get posted. I’ve never actively encouraged commenting here at Quotulatiousness, and I don’t spend a lot of time on the various social media sites as I have a low tolerance for the kinds of “conversation” you tend to find there.
February 25, 2019
Modern parenting – too many helicopters yield lots of snowflakes
It’s a commonplace assertion that children today have less unscheduled, unsupervised opportunities for play and exploration, and parents have been indoctrinated into the belief that the world has become a much more dangerous place and their kids need 24/7 protection from those myriad dangers. “Helicopter” parenting is a rational response to this indoctrination, but it comes with costs to the growth and maturity of the next generation. More than a decade ago, I posted this graphic showing how each generation has been more protective of their own children than their parents had been for them:
The problem has been getting worse over time, as Rob Creasy and Fiona Corby describe:
Children growing up in the UK are said to be some of the unhappiest in the industrialised world. The UK now has the highest rates of self harm in Europe. And the NSPCC’s ChildLine Annual Review lists it as one of the top reasons why children contact the charity.
Children’s mental health has becomes one of British society’s most pressing issues. A recent report from the Prince’s Trust highlights how increasing numbers of children and young people are unhappy with their lives, sometimes with tragic consequences.
This is a generation of young people that has been labelled as “snowflakes” – unable to handle stress and more prone to taking offence. They are also said to have less psychological resilience than previous generations. And are thought to be too emotionally vulnerable to cope with views that challenge their own.
[…]
Children’s lives are being stifled. No longer are children able to spend time with friends unsupervised, explore their community or hang around in groups without being viewed with suspicion. Very little unsupervised play and activity occurs for children in public spaces or even in homes – and a children’s spare time is often eaten up by homework or organised activity.
This is further impacted by the way children are taught in schools and how pressure to succeed has led to a taming of education. But if children are never challenged, if they don’t ever experience adversity, or face risks then it is not surprising they will lack resilience.
