Quotulatiousness

September 27, 2018

France moves toward the Soviet system of psychological “treatment” for dissidents

You may not agree with much that prominent French nationalist politician Marine Le Pen stands for, but the recent court order that she must undergo a psychological evaluation as part of the investigation of a “hate crime” should worry everyone. Jacob Sullum writes:

Marine Le Pen speaking in Lille during the 2017 French presidential election
Photo by Jérémy-Günther-Heinz Jähnick via Wikimedia Commons

France ranked 12 notches above the United States in this year’s World Press Freedom Index, produced by Reporters Without Borders. But such ratings can be misleading, as illustrated by the prosecution of Marine Le Pen, head of the right-wing National Rally party (formerly the National Front), for posting images of ISIS atrocities on Twitter. Last week Le Pen revealed that she had been ordered to undergo a psychiatric examination as part of the investigation into her speech crime, which added another layer of Soviet-style thought control to the story.

It is inconceivable that an American politician, no matter how extreme his views, would be prosecuted for doing what Le Pen did, because a law like the one she is charged with violating would be clearly inconsistent with the First Amendment. That law, Article 227-24 of the French Criminal Code, makes it a crime, punishable by a fine of €75,000 (about $88,000) and up to three years in prison, to distribute “a message bearing a pornographic or violent character or a character seriously violating human dignity…where the message may be seen or perceived by a minor.” Le Pen allegedly ran afoul of that prohibition in 2015 by posting three pictures of men murdered by ISIS—one beheaded, one burned alive, and one run over by a tank—in response to a Twitter user who likened her party to the terrorist organization. “Daesh [the Arabic acronym for ISIS] is this!” she tweeted.

This case vividly illustrates why Article 227-24 would never pass constitutional muster in the United States. Le Pen’s tweet is indisputably political speech, sitting at the core of the expression protected by the First Amendment. The terms of Article 227-24 (especially the phrase “seriously violating human dignity”) are broad and vague, encouraging self-censorship and inviting politically motivated prosecution of people who irk the powers that be. Le Pen, who unsuccessfully ran against Emmanuel Macron in a presidential runoff last year, was stripped of her parliamentary immunity six months later, leaving her open to prosecution.

September 20, 2018

Mind Your Business Ep. 3: Public Safety from Private Security

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

Foundation for Economic Education
Published on 18 Sep 2018

In Detroit, dependence on law enforcement has proved insufficient to keep people safe. Enter Dale Brown, a threat management professional who specializes in stopping violence and empowering individuals to protect themselves and their loved ones.

September 18, 2018

Mad Max and the 338-candidate promise

Filed under: Cancon, Liberty, Politics — Tags: , , — Nicholas @ 05:00

Colby Cosh offers some electoral advice to Maxime Bernier and the still-hot-off-the-presses PPC/PP proto-party:

Let’s say, for the sake of argument, that you have high hopes for the new Max Bernier Party. Perhaps you believe, as my colleague Andrew Coyne does, that there is still far too much fly-blown 1970s-style intervention and protectionism in Canada’s economy. Perhaps you are in favour of a more hard-headed approach to immigration policy, or you are allergic to “diversity” as a supreme ideal. Maybe you just appreciate Bernier’s devil-may-care swashbuckling spirit.

Assuming some or all of these things are true, as some or all of them are true of me: were you especially impressed by Friday’s launch of the People’s Party of Canada? Bernier, I have to say, does not seem at all sure about the order in which he wants to go about things. Sixteen months ago he came close to winning the leadership of the Conservative Party of Canada: perhaps it was on the day he lost (May 27, 2017) that he decided the big Conservative tent was, as he has now described it, “intellectually and morally corrupt,” meriting only destruction. That hypothesis makes his secession from the Conservatives seem like a spasm of arrogance.

[…]

So, to skip past those already familiar critiques of the Liste Maxime in the hope of adding a new one: why a full slate? Promising to run 338 candidates is a good way of maximizing the harm to the CPC, if this is just a plan for samurai revenge. A leader like Bernier, who is thoughtful about ideology and does enjoy recognition from coast to coast, would be a good central building block for a libertarian-ish or classical liberal political party, if you want such a party. But his party is bound to be judged by its 10 dumbest, least careful candidates. (They all are, with the possible exception of the Liberals!) Why couldn’t Bernier start out by using the first part of his 13 months to find 20 or 30 really good ones, and run only those?

As far as anyone knows, he is starting out with zero potential candidates who have any credibility or experience to speak of. There definitely weren’t any on the dais with him Friday. Nobody thinks Bernier is aiming to create a purely regional party, but if that is his concern, he would only have to make sure that his wedge of 10 or 20 or 50 candidates was spread around suitably.

Frankly, if I were the megalomaniac in charge of this thing, I would take some care not to launch my movement shortly before a general election, but as soon as possible after. You know what’s a good way to build an insurgent party? By-elections! In a by-elections, a party leader can work closely with a single candidate and move into the riding himself for personal appearances. Other non-cash resources can be concentrated. Turnout is usually low in by-elections, and the establishment candidates are often dire. But, then, I lived as a sullen, dopey teen in Deborah Gray’s riding, and have some memory of a thing called “Reform,” and they say those early-life experiences are often powerful obstacles to understanding.

I think this is quite sensible advice, as even finding a full slate of “paper” candidates can be a difficult task for small parties — and the PPC is quite small for the time being — so concentrating on finding credible candidates to run in winnable or merely competitive races makes a heck of a lot of sense. Even a limited slate of 30 still allows the media to find one or two who can be baited into making statements that can be played for all they’re worth by hostile editorialists, but over 300? The media sharks would be spoiled for choice. With a more limited group of viable candidates, there are fewer chances of a random blowhard (or a closet racist) suddenly being elevated by CBC anchors as the visible face of the new party.

September 16, 2018

Maxime Bernier and the People’s Party of Canada

Filed under: Cancon, Liberty, Politics — Tags: , , , — Nicholas @ 03:00

Andrew Coyne says there’s room in Canadian politics for Mad Max’s new party:

In principle, there is room for a new party in Canadian politics; arguably, there is a need for one.

That the established parties have tended to pander to narrow and particular interests, rather than the broader public interest, is well documented, as is the result: an ever-expanding state devoted almost wholly to redistributing income, not from rich to poor, but from taxpayers to well-organized and well-cultivated client groups (notably the state’s own employees). In the same way the state redistributes from consumers to producers, from west to east, young to old, and so on, in the service of neither efficiency nor justice nor even raw numbers but just whoever frightens politicians the most.

Which over time — people learn — has come to include everybody. We subsidize everything that moves in this country, and charge ourselves higher taxes to pay for it, then demand more subsidies to offset the burden of taxes. And the fruit of all this frantic attempt to redistribute from everybody to everybody? A nation brimming with grievance and resentment, every part of the country convinced the rest are making out at its expense.

A party that proposed to end the money-go-round — to wean the country’s business class, in particular, off the public teat, to shut down the “regional development” spigots and bust up the cartels that, behind our protectionist walls, are permitted to genteelly pick our pockets — would therefore be a signal addition to our politics. If it chose to frame this critique not as a fairly straightforward application of Economics 101 but as a radical determination to govern “for all Canadians,” so be it.

And if it made life difficult for the established parties, so much the better. The market for ideas thrives on competition and choice as much as any other. The cartelization of our economy is in part a reflection of the cartelization of our politics. A more robustly conservative party, in particular, less burdened by the Conservatives’ crippling self-doubt, would be a welcome addition, even if I don’t like all of its ideas: millions of Canadians do, and it is wrong that they should go unrepresented.

September 14, 2018

The Mencken Society versus the alt-right “Mencken Club”

Filed under: History, Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 03:00

In the current issue of Reason, Mencken biographer Marion Elizabeth Rodgers explains why the great essayist would not welcome the adulation of the alt-right “Mencken Club”:

Libertarians and conservatives have always admired H. L. Mencken, the 20th century journalist and satirist famous for his literary and political commentary. Now the Baltimore author and editor, whose heydey lasted from the 1920s to the late 1940s, has become a hero to the alt-right, who have cherry-picked his views to support their white supremacist vision. For white nationalist leader Richard Spencer and fellow enthusiasts, Mencken embodies “worthy ideals,” namely, a questioning of “the egalitarian creed, democratic crusades, and welfare statism” that American democracy has become since the New Deal. Such is the essence of humor: It is hard to believe that Mencken would have ever given his worshippers the time of day.

[…]

Unlike the Mencken Society — a scholarly organization founded in 1976 in Baltimore that hosts talks on Mencken’s life and works by such luminaries as the late Christopher Hitchens, Arnold Rampersad, and Alfred Kazin — the Mencken Club holds pseudo-academic conferences ranging in themes as “The West: Is It Dead Yet?” or “The Right Revisited.” In 2016, the club focused on the populism of Donald Trump and the preservation of white Christian heritage through anti-immigration policies. White House speechwriter Darren Beattie spoke to members alongside Peter Brimelow, white nationalist and founder of the anti-immigrant website Vdare.com — a gig that ultimately cost Beattie his job.

Speakers rarely mention Mencken’s name at their meetings, except for random recitals from Chrestomathy or his earliest works: The Philosophy of Friedrich Nietzsche (1908), whom the alt-right see as a great visionary, and from Men Versus the Man: A Correspondence between Rives La Monte, Socialist, and H. L. Mencken, Individualist (1910), an epistolary debate where Mencken explores Social Darwinism, eugenics, heredity, and race. In the most offensive passage, Mencken defines “the American negro” as “a low-caste man,” and that the “superior white race will be fifty generations ahead of him.” In its podcast, club members touted Men Versus the Man as “a fun book” and asserted “race realists, anti-globalists, educational reductionists and immigration restrictionists can draw nourishment from Mencken … and his disdain for the low-caste man.”

In reality, Mencken would have shunned the white identity politics of the alt-right. To Mencken, Nietzsche’s “superior man” was the enlightened individual of honor and courage, regardless of race, creed, or social background. Soon after 1910, Mencken reversed his views of white superiority and began calling for civil rights for African Americans. Despite the fact that his Diary contains racial slurs and ethnic slang, Mencken rebelled against “the Aryan imbecilities of Hitler” and stated: “To me personally, race prejudice is one of the most preposterous of all the imbecilities of mankind. There are so few people on earth worth knowing that I hate to think of any man I like as a German or a Frenchman, a gentile or a Jew, Negro or a white man.”

He was especially contemptuous of white Anglo-Saxon Southerners, describing them as “shiftless [and] stupid,” and extolled African Americans as “superior to the whites against whom they are commonly pitted.” Unique for the mid-1900s and into the ’20s and ’30s, he collaborated with black intellectuals and was the first white editor to publish their work in his magazine, The American Mercury, and energetically promoted their writings in his books and columns and to his publisher Alfred Knopf. He was relentless in his campaigns against the Ku Klux Klan, and he joined forces with the NAACP to testify against lynching before the U.S. Congress. He repeatedly wrote against segregation; behind the scenes he discussed strategies with African-American leaders to promote civil rights.

QotD: Free market capitalism

Filed under: Economics, Liberty, Politics, Quotations — Tags: , , — Nicholas @ 01:00

What is free-market capitalism? Allan Meltzer, an economist at Carnegie Mellon, a Hoover Institution scholar, and onetime advisor to President Ronald Reagan, offers a classic definition. “As long as you engage in actions where your actions don’t impinge upon other people, you’re free to buy and sell anything you want,” he says, adding that free-market capitalism protects private property. Thomas Coleman, a hedge-fund veteran heading up an economic-policy shop at the University of Chicago, adds another key element: free-market capitalism functions best when people and companies can trade “without systemic distortion of prices.” Deirdre McCloskey, until last year a professor at the University of Illinois, and author of the recent book Bourgeois Equality, says, “I don’t like calling it capitalism, anyway, which was a word invented by our enemies. … I call it instead market-tested betterment, innov-ism. … That’s what’s made us rich.” McCloskey says that the heart of “betterment” is Adam Smith’s ideal of “every man to pursue his own interest in his own way” — and that “doesn’t mean a large government sector,” she emphasizes.

Free-market capitalism isn’t the same thing as radical libertarianism. Stan Veuger, an American Enterprise Institute scholar and economics lecturer at Harvard, dismisses what he calls “the anarcho-capitalist ideal”: an economy with no regulations and zero taxation. “There are places like Somalia that score well” on such purist definitions of free markets, he points out. To work well, capitalism needs “an environment where people can concentrate on being productive,” rather than, say, having private armies to assure personal safety. Free-market capitalism requires laws and rules, more than ever, now that more people live in close proximity in dense cities than ever before. Human activity leads to disputes, and disputes can be solved, or at least moderated, by resolutions that govern behavior. We often forget that markets don’t make broad public-policy decisions; governments do. Markets allocate resources under a particular policy regime, and they can provide feedback on whether policies are working. If a city, say, restricts building height to preserve sunlight in a public park, free-market actors will take the restricted supply into account, raising building prices. This doesn’t mean that the city made the wrong decision; it means that the city’s voters will risk higher housing prices in order to preserve access to sunlight. By contrast, a city that restricts housing supply and restricts prices via rent regulation is thwarting market signals — it takes an action and then suppresses the direct consequences of that action.

Nicole Gelinas, “Fake Capitalism: It’s not free markets that have failed us but government distortion of them”, City Journal, 2016-11-06.

September 10, 2018

QotD: Perversion of the law

Filed under: Law, Liberty, Quotations — Tags: , — Nicholas @ 01:00

The law perverted! The law — and, in its wake, all the collective forces of the nation — the law, I say, not only diverted from its proper direction, but made to pursue one entirely contrary! The law become the tool of every kind of avarice, instead of being its check! The law guilty of that very iniquity which it was its mission to punish! Truly, this is a serious fact, if it exists, and one to which I feel bound to call the attention of my fellow citizens.

Frédéric Bastiat, The Law, 1850.

September 6, 2018

QotD: Freedom of speech

Filed under: Liberty, Quotations — Tags: , — Nicholas @ 01:00

A metaphor: we have freedom of speech not because all speech is good, but because the temptation to ban speech is so great that, unless given a blanket prohibition, it would slide into universal censorship of any unpopular opinion.

Scott Alexander, “You Are Still Crying Wolf”, Slate Star Codex, 2016-11-16.

September 4, 2018

QotD: Law and morality

Filed under: Law, Liberty, Quotations — Tags: , , — Nicholas @ 01:00

In the first place, it would efface from everybody’s conscience the distinction between justice and injustice. No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable. When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law — two evils of equal magnitude, between which it would be difficult to choose.

Frédéric Bastiat, The Law, 1850.

August 21, 2018

Only certain kinds of truth can be allowed in modern Britain

Filed under: Britain, Liberty, Politics, Technology — Tags: , , , , — Nicholas @ 05:00

Brendan O’Neill on the latest outrage on British social media — telling unpleasant or unwelcome truths:

Is it now a crime to tell the truth in Britain? It’s heading that way. At the weekend it was revealed that Merseyside Police are making ‘enquiries’ into a trans-sceptical group that distributed stickers saying ‘Women don’t have penises’. Yes, that’s right: the police, the actual police, are investigating a group for expressing what the vast majority of people consider to be a biological, social, actual fact: that if you have a penis you are not a female. What next: arrest people for saying the sky is blue or that Piers Morgan is a muppet?

The stickers, shaped like penises, were produced by a so-called TERF group. TERF stands for ‘trans-exclusionary radical feminist’ – that is, a feminist who doesn’t think men who have a sex change are real women – but it is really just an updated, PC word for ‘witch’. When trans-sceptical women are denounced as ‘TERFs’ by hordes of irate identitarians online, they are really being branded disobedient bitches, women who really ought to know their place. The ‘TERFs’ distributed their heretical stickers in the Merseyside area, including on the Antony Gormley sculptures that make up his piece ‘Another Place’ on Crosby Beach, and all hell broke loose.

Twitter went into meltdown. This is a hate crime, they said. These people genuinely believe it is a hate crime to say women don’t have penises. Arrest all biology teachers right away! Twitter snitches, who are legion, grassed on the TERFs to the mayor of Liverpool, Joe Anderson, who promised that he would get the police to ‘identify those responsible’ for these outrageous declarations of scientific truth. These sticker heretics are an affront to Liverpool’s history of ‘diversity’ and ‘equality’, he said. A fancy way of saying they are thoughtcriminals. And lo, the Merseyside Police duly got involved: ‘[W]e are aware of this matter and enquiries are being made.’

August 19, 2018

Poor whites in the pre-Civil War South

Filed under: Economics, History, Liberty, Politics, USA — Tags: , , , — Nicholas @ 03:00

Colby Cosh retweeted this fascinating thread by Keri Leigh Merritt (embed through the ThreadReaderApp):

August 17, 2018

Thomas Clarkson: The First Abolitionist

Filed under: Africa, Britain, History, Liberty — Tags: , — Nicholas @ 02:00

Foundation for Economic Education
Published on 26 Jul 2018

The brutal and cruel transatlantic slave trade lasted for more than 300 hundred years. In 1785, Thomas Clarkson, a man you’ve probably never heard of, firmly held to his belief that no man can rightly claim ownership over another. That year he vowed to end the transatlantic slave trade. This is his story.

August 15, 2018

Hotel security theatre meets DEF CON attendees in Las Vegas

Filed under: Business, Liberty, USA — Tags: , — Nicholas @ 05:00

Las Vegas hotels have a clear duty to be more vigilant about their security procedures, but the folks at the most recent DEF CON gathering were perhaps not the best-chosen group to try out a new “swaggering bully-boys security enforcement” policy:

In the wake of the mass shooting in Las Vegas in October of 2017, hotels in the city started drafting more aggressive policies regarding security. Just as Caesars Entertainment was rolling out its new security policies, the company ran head on into DEF CON — an event with privacy tightly linked to its culture.

The resulting clash of worlds — especially at Caesars Palace, the hotel where much of DEF CON was held — left some attendees feeling violated, harassed, or abused, and that exploded onto Twitter this past weekend.

Caesars began rolling out a new security policy in February that mandated room searches when staff had not had access to rooms for over 24 hours. Caesars has been mostly tolerant of the idiosyncratic behavior of the DEF CON community, but it’s not clear that the company prepared security staff for dealing with the sorts of things they would find in the rooms of DEF CON attendees. Soldering irons and other gear were seized, and some attendees reported being intimidated by security staff.

And since the searches came without any warning other than a knock, they led, in some cases, to frightening encounters for attendees who were in those rooms. Katie Moussouris — a bug bounty and vulnerability disclosure program pioneer at Microsoft, an advocate for security researchers, and now the founder and CEO of Luta Security — was confronted by two male members of hotel security as she returned to her room. When she went into the room to call the desk to verify who they were, they banged on the door and screamed at her to immediately open it.

In another case, a hotel employee—likely hotel security—entered the room of a woman attending DEF CON without knocking:

Robert Heinlein – Highs and Lows – #2

Filed under: Books, History, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 04:00

Extra Credits
Published on 14 Aug 2018

Heinlein’s novels made science fiction mainstream and even contributed to modern libertarianism. His novels vary widely in the philosophies they explore, but ultimately they all reflect how Heinlein saw himself: as the self-reliant “competent man” protagonist of his stories, despite glaring inconsistencies.

August 14, 2018

Ontario embraces online sales for marijuana, with retail stores to follow in 2019

Filed under: Business, Cancon, Government, Liberty — Tags: , , , , — Nicholas @ 05:00

Chris Selley on the Ontario government’s surprisingly sensible approach to phasing in retail sales of cannabis over the next eight months:

Ontario’s Progressive Conservative government called a brief truce in its multi-front war with the federal Liberals on Monday to give one of Prime Minister Justin Trudeau’s signature policies a major boost: as had been widely rumoured, the Tories will scrap the previous Liberal government’s tentative public marijuana retail scheme and instead hand out licenses to the private sector.

How many licenses and what kinds of stores are just two of many unresolved details. The government says it will consult widely to determine how best to proceed, with a target opening date for licensed brick-and-mortar stores of April 1, 2019 (with publicly run online sales to commence in October). But it seems safe to hope the cap, if any, will be significantly higher than the previous government’s laughably timid 150.

Thanks to Toronto’s reluctantly laissez-faire approach to illegal storefront (nudge-wink) “medical” marijuana “dispensaries,” we know 150 might not even satisfy a free market in the country’s largest city. Trudeau has always said the goal of legalization was to smash the illegal market and plunk down a legal one in its place. The Ontario Liberals’ plan seemed almost tailor-made to fail in that endeavour.

There remains ample room for the new government to screw this up. But if it gets pricing and regulation and enforcement halfway right, the country’s most populous province should now be well placed to give legalization a good shot at achieving what proponents have always said it should — which is, basically, to make it like booze. Of course kids still get their hands on booze, but at least it’s a bit of a chore. And at least when kids get drunk, they’re not drinking moonshine.

The need to claim the retail market from the existing extra-legal networks will hinge on quality, availability and (especially) the prices that the province sets. Price it too high (pun unintentional), and the legal market will not take over distribution and sales from the black market. Provide poor quality and get the same results. Restrict sales too stringently, and watch the profits go back to the current dealers … who are not noted for their sensibilities about selling drugs to the under-aged.

In the meantime, it’s interesting to ponder why they’re going in this direction. Fedeli and Attorney-General Caroline Mulroney were at great pains Monday to stress their primary concern was the children.

“First and foremost, we want to protect our kids,” said Mulroney. “There will be no compromise, no expense spared, to ensure that our kids will be protected following the legalization of the drug.”

“Under no circumstances — none — will we tolerate anybody sharing, selling or otherwise providing cannabis to anybody under the age of 19,” said Mulroney. Fedeli vowed that even a single sale to a minor would void a retailer’s license.

Yet, let’s be honest, kids well under the age of 19 can already get cannabis and other illicit drugs — more so in urban and suburban areas, but it’s hard to imagine that legalizing cannabis for 19-plus customers somehow magically renders the under-19s uninterested in getting access, too.

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