This slow erosion of freedom of expression has come about in ways both social and legal. Before the 1960s, arguments for censorship tended to focus on sexual morality, pornography and obscenity. The censors themselves were usually depicted as benighted moral conservatives — priggish maiden aunts. Freedom of political speech, however, was regarded as sacrosanct by all. As legal restraints on obscenity fell away, however, freedom of political speech began to come under attack from a different kind of censor — college administrators, ethnic-grievance groups, gay and feminist advocates.
The new censors advanced such arguments as that “free speech can never be an excuse for racism.” These arguments are essentially exercises both in begging the question and in confusing it. While the principle of free speech cannot justify racism any more than it can disprove racism, it is the only principle that can allow us to judge whether or not particular speech is racist. Thus the censor’s argument should be reversed: “Accusations of racism can never be an excuse for prohibiting free speech.”
Meanwhile, the narrowly legal grounds for restricting speech changed, too. Since the 18th century, the basic legal justifications for restricting political speech and publication were direct incitement to harm, national security, maintaining public order, libel, etc. Content wasn’t supposed to be considered (though it was sometimes smuggled in under other headings).
Today, content is increasingly the explicit justification for restricting speech. The argument used, especially in colleges, is that “words hurt.” Thus, universities, parliaments, courts and various international bodies intervene promiscuously to restrict hurtful or offensive speech — with the results described above. In the new climate, hurtful speech is much more likely to be political speech than obscene speech.
John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.
November 6, 2015
QotD: The slow erosion of freedom of expression
November 3, 2015
Brian Micklethwait explains why libertarians love Uber
At Samizdata, Brian Micklethwait discusses why Uber comes up in conversation with libertarians … constantly:
I and my libertarian friends all love Uber. By that I don’t just mean that we love using Uber, the service, although I am sure that just like many others, we do. I mean that we love talking about Uber, as a libertarian issue, as an issue that nicely illustrates what libertarianism is all about and the sorts of things that libertarians believe in. In particular, we believe in: technological innovation and the freedom to do it, for the benefit of all, except those in the immediate vicinity of it and overtaken by it, because they make a living from the technology that is being overtaken.
[…]
To me, the really interesting thing about Uber as an issue is how it makes a nonsense of the old Public Choice dilemma in pro-free market lobbying and opinion-mongering. I’m talking about the fact, which it does often tend to be, that when there is a lurch, proposed or actual, towards a free market, unleashed either by politics or by technology or by a mixture of the two, the people who suffer or who look like they will soon suffer are highly concentrated and easily organised and know exactly who they are. However, those who will benefit from the new dispensation are dispersed and hard to organise and tend not to know who they are. Consequently you get this imbalance in the political argument, in favour of the status quo, even if, in the longer run, many more people would benefit from the new dispensation than the old, and would like it very much, in the event that that ever discovered that they were benefiting from it.
Uber might have been invented to solve the above problem.
Thought: maybe there is a sense in which it was invented to solve this problem. Discuss.
October 28, 2015
October 27, 2015
Cultural appropriation is bunk
At The Federalist, David Marcus explains how he considered the arguments of those pushing the idea of “cultural appropriation” … and rejected them:
I read a lot as a kid. Books were a pleasure and window into worlds. I read James Joyce and Marcel Proust, but I also read James Baldwin and Zora Neal Hurston. Every book spoke to me in its own way, and I felt a connection to their authors. I felt like I was having a private conversation with them. After finishing a book, I felt a kind of ownership of it. Each volume took a permanent place in my consciousness.
This was before the popular emergence of the idea of cultural appropriation. Nobody told me that books, music, and clothing created by people who didn’t look like me didn’t belong to me, that I was somehow borrowing them. Today, people do tell me this. They tell me that I must tread lightly when engaging in cultural forms not invented by my white ancestors.
I have listened to their arguments, read their theories, and arrived at a conclusion. They are wrong. All cultures are mine.
Over at The Atlantic, Jenni Avins writes about the dos and don’ts of cultural appropriation. To her credit, she explores how culture blending is central to the development of, well, everything. Since time immemorial, from the spice road to Times Square, cultures have influenced each other and produced the world as we know it.
[…]
But in America there is one culture that anyone and everyone is free to appropriate. White culture, be it classical music, the novel, or the business suit, is never the subject of claims of appropriation. Last week, a perfect example of this disparity was on display in an announcement from the theater world. Howlround, a website that describes itself as a theater commons and has a strong influence on the theater community, announced its call for 2020 to be a Jubilee year to promote diversity in theater.
What form will this Jubilee take? Well, it’s a doozy: “We declare the year 2020 the year of Jubilee. For the 2020–2021 season, all performances produced in the United States of America will be by women, people of color, artists of varied physical and cognitive abilities, and LBGTQA artists. Every theatre large and small is included in the vision…This is also a time for straight, white men to rejoice, to witness, to listen, and to be fed for one year by the stories they’ve also been denied. “
On its face, this is absurd nonsense. The idea that any American artists would seek to officially prohibit — in other words, ban — any artist’s work on the basis of his or her race or gender is mind-numbing. It is also quite likely that any theater company without an ethnically based mission that officially signed onto this plan would be breaking the law. Finally, it’s obviously not going to happen. But for all its preening silliness, this Jubilee fiasco tells us something interesting about cultural appropriation.
Here’s a clue: if the race or gender of an author or playwright matters more to you than the quality of the book or play, the problem isn’t the artist: the problem is you.
QotD: The new censors
Governments began to treat those threatened for their opinions almost as harshly as those attacking them. Dutch legal authorities tried repeatedly, if unsuccessfully, to prosecute Mr. Wilders for “inciting hatred” with his film. He was briefly prohibited from entering Britain. In 2006, Tony Blair’s government passed the Racial and Religious Hatred Act — a kind of “blasphemy lite” law — ostensibly designed to protect all religions against threatening expression but generally understood as intended to limit hostile criticism of Islam. Both the U.S. and the European Union have entered into a dialogue in recent years with the 56 states of the Organization of the Islamic Conference, which is seeking an international law prohibiting blasphemy. In 2011, Secretary of State Hillary Clinton told the OIC that, while the First Amendment prevented the U.S. from prohibiting speech, the administration might still “use some old-fashioned techniques of peer pressure and shaming so that people don’t feel they have the support to do what we abhor.”
Admittedly, it is difficult to draw a clear line between criticism of an Islamic belief and an attack on Muslims who believe it. If you denounce a belief as absurd, you are implicitly criticizing the believers as credulous fools. Christians have to endure explicit denunciations of their faith all the time from such writers as Richard Dawkins and Sam Harris. And so they should. If you can’t stand the heat, don’t listen to hellfire sermons from atheists.
Hearing criticisms of your own convictions and learning the beliefs of others are training for life in a multifaith society. Preventing open debate means that all believers, including atheists, remain in the prison of unconsidered opinion. The right to be offended, which is the other side of free speech, is therefore a genuine right. True belief and honest doubt are both impossible without it.
It isn’t just some Muslims who want the false comfort of censoring disagreeable opinions. Far from it. Gays, Christians, feminists, patriots, foreign despots, ethnic activists — or organizations claiming to speak for them — are among the many groups seeking relief from the criticism of others through the courts, the legislatures and the public square.
John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.
October 17, 2015
Ken White of Popehat.com Talks Blogging, Anonymous Speech
Published on 13 Oct 2015
Ken White, founder of the influential group blog Popehat, tells FIRE how he got interested in the First Amendment and discusses anonymous speech on the Internet.
White, who writes for Popehat on a variety of issues, including the First Amendment, criminal justice, and the legal system, said a college project at Stanford University “during … one of the upsurges of controversy on campus about speech codes and speech issues,” opened his eyes to the nuances of the First Amendment.
“I wound up doing my senior honors thesis in college with a law school professor on the subject of legal restrictions on hate speech,” White said. “I thought it was very much emblematic of a very American problem, and that is: How do we express our disapproval — our moral disapproval — for bad things like bigotry, while not restricting liberties?”
Popehat seems to be a space created to do exactly that. The forum has evolved into a blog the contributors describe as a “group complaint” about “whatever its authors want.”
That freedom hasn’t always come so easily for White, who blogged anonymously for more than five years due to concerns his honest blogging might harm his career. He still thinks anonymous speech provides both benefits and drawbacks.
“I think the right to anonymous speech is very central in the First Amendment and in American life,” said White. “Throughout American history, people have said unpopular things, incendiary things, politically dangerous things behind the shield of anonymity. A lot of bad things come with that. There’s some really terrible, immoral, anonymous behavior on the Internet.”
White said there’s also a risk to writing anonymously, and that even while he benefitted from posting behind the security of an online persona, he supports the rights of others to try and discover his true identity. Eventually, White said he gave up the pretext and started blogging under his own name.
For more from White, including why free speech “catchphrases” harm First Amendment discourse, watch the above video.
October 13, 2015
Gary Johnson might end up being the “non-weird candidate for whom America has been waiting”
The US Libertarian Party’s nomination race won’t make much of a splash in the media (for the usual reasons all minor parties encounter), but if Gary Johnson wins the nomination again he might be the most normal candidate in 2016:
Gary Johnson, not yet an official 2016 Libertarian Party candidate for president, spoke to the two-day LibertyFest 2015 at the Warsaw hall in the Williamsburg neighborhood of New York City this weekend. He defended freedom in all its forms, from the unregulated entrepreneurship of Uber and Lyft to marijuana, reduced taxes, and reduced warfare.
Yet even I — an anarcho-capitalist, as you may recall — am beginning to wonder if it’s necessary to emphasize philosophy for Johnson to shine in the strange setting of the 2016 race. I mean, if the Republicans end up offering someone as odd as Trump or Carson, and the Democrats offer a criminal such as Clinton or a socialist such as Sanders … couldn’t Johnson plausibly just run as the non-weird candidate for whom America has been waiting?
And believe me, I know how strange it sounds to be talking about the Libertarian as the normal one for a change. (Jimmy McMillan, the “Rent Is Too Damn High” guy, spoke on the same stage a couple hours before Johnson, and it’s not clear McMillan is even a full-fledged libertarian — maybe more of a Georgist? Or just an interesting, earnest character?)
Let us assume for the sake of argument that Johnson beats other would-be Libertarian Party nominees including Austin Petersen, who gave an energetic LibertyFest speech about mobilizing libertarian activists as if for war and hopes he’ll one day get the chance to institute a flat tax. Much as Libertarians usually worry about having a candidate who lacks the guts to push their philosophy in a full-throated way (witness their occasional wariness about Rand Paul), might this be a good year in which to skip ideology and use mere sanity as a wedge issue?
October 12, 2015
The rise of the censors on campus
Ginni Thomas discusses free speech under attack with FIRE’s Greg Lukianoff.
“The battle over free speech is not partisan,” says a proud liberal whose organization helps a wide variety of clients facing free speech threats. He has spent fifteen years in the field as a fearless advocate who worked at the ACLU before coming to the Foundation for Individual Rights in Education (FIRE).
Greg Lukianoff, the President and CEO of FIRE, starts this 20 minute video interview for The Daily Caller by assessing global issues. “The international situation for freedom of speech is dire,” says Lukianoff, focusing on the emergence of blasphemy laws to not offend Islam.
This harks back to a previous Daily Caller interview with Steve Coughlin, author of “Catastrophic Failure,” who discussed the Organization of Islamic Cooperation’s Ten Year Program of Action to make Islamic speech codes the global speech standard. In America, this would entail making free speech conditional on not defaming Islam, a religion of less than 1 percent of the US population.
H/T to David Thompson for the link.
October 10, 2015
Police body cameras
There’s plenty of argument about whether body cams are a pro- or anti-police innovation. Here’s an example of the way body cams can actually help to show when the police are doing everything right, and things still go wrong:
We’ve written a lot here at Ars about how video surveillance has captured cops doing bad things. We cover this area because the technology of body cams, Taser cams, dash cams, and even images taken by bystanders has changed our perspective on police behavior that would likely have been swept under the rug previously.
But this surveillance technology also captures officers who, in the words of a local Cleveland county prosecutor, have acted with “remarkable restraint.” In this instance, body cam footage of several Cleveland patrol officers shows them doing everything they could to convince a man to put down his weapon.
Police came to visit Theodore Johnson’s Cleveland residence after his wife claimed he threatened to kill her. The man had already shot one officer, striking the chest of a patrolman David Muniz’s ballistic vest. “I know you shot me, but I’m not going to shoot you,” Muniz tells the 64-year-old Johnson, according to police body cam footage taken at the scene.
To be honest, I’m quite impressed at the restraint these officers managed to show. If a member of my team had just been shot, I know it’d be very tough for me not to return fire…
October 3, 2015
The TSA and the transgendered traveller
Scott Shackford on the special hell the TSA reserves for transgendered air travellers:
When Shadi Petosky began tweeting about her terrible treatment at the hands of Transportation Security Administration (TSA) workers at Orlando International Airport on Sept. 21, she detailed an experience of being ordered around, patted down, dehumanized, and threatened. She was describing a situation familiar to anybody who gets caught up in the agency’s airport security theater.
Petosky is also transgender, and that played heavily into her experience. But being transgender and tripping up alerts at airports and getting taken aside or treated poorly is also not a new problem with TSA screening, though it was the first time Petosky, a writer and producer, had an encounter this bad. While she was tweeting her experience, other transgender people on Twitter responded about having similar problems.
What’s new is that Petosky’s encounter ended up getting significant news coverage, from The New York Times, to the Los Angeles Times, to Vox.com, along with television networks. The coverage highlighted a problem that has persisted for a while: TSA agents are not well-trained to deal with transgender travelers, leaving these flyers uncertain of what to expect when going through airports. Furthermore, the screening technology used for scanning bodies passing through the airport has no real mechanism for recognizing the biology of transgender travelers, prompting confusion to trigger completely unfounded security fears.
Many travelers may not even realize it, but as they’re forced in to spread eagle for body scanners in security lines at the airport, a TSA agent is pressing a button telling the machine whether the person inside is a male or female. They don’t ask—they just look and decide. In Petosky’s case, the TSA employee saw a woman and pressed the appropriate button. And then the employee declared there was an “anomaly,” which Petosky bluntly explains to Reason, is her penis.
October 2, 2015
Marcus Porcius Cato – the man who almost stopped Julius Caesar
In The Freeman, Lawrence W. Reed talks about one of the last few Republicans in the Rome of Julius Caesar’s ascendance:
In the estimations of many historians, two men hold the honor as the most notable defenders of the Roman Republic. Marcus Tullius Cicero was one. Marcus Porcius Cato, or “Cato the Younger,” was the other.
Since there was a “younger,” there must have been an “elder,” too. Cato the Elder was the great grandfather of the younger. Both men, separated by more than a century, were influential in public office. Think of the elder as the social conservative, concerned in his day with preserving the customs and traditions of Rome. The younger was one of history’s early libertarians, interested more in personal and political liberties because he believed that if they were lost, nothing else mattered. It is this second one to whom I refer in the balance of this essay as simply “Cato.”
By the time of Cato’s birth in 95 BC, the Roman Republic was long in the tooth. Founded four centuries earlier, it had risen from obscurity to political and economic dominance in the Mediterranean. Rome was easily the world’s wealthiest and most powerful society. It wasn’t a libertarian paradise — slavery was a part of its makeup, as it was even more brutal everywhere else — but Rome had taken liberty to a zenith the world had never seen before and wouldn’t see again for a long time after it finally fell. The constitution of the republic embodied term limits; separation of powers; checks and balances; due process; habeas corpus; the rule of law; individual rights; and elected, representative legislative bodies, including the famous Senate. All of this was hanging by a thread in the first century BC.
Cato was just five years of age when Rome went to war with its former allies in the Italian peninsula — the so-called “Social War.” Though the conflict lasted just two years, its deleterious effects were huge. The decades to follow would be marked by the rise of factions and conflict and local armies loyal to their commanders instead of the larger society. A “welfare-warfare” state was putting down deep roots as Cato grew up. The limited government, personal responsibility and extensive civil society so critical to the republic’s previous success were in an agonizing, century-long process of collapse. Even many of those who recognized the decay around them nonetheless drank the Kool-Aid, succumbing to the temptations of power or subsidies or both.
Before the age of 30, Cato had become a supremely disciplined individual, a devotee of Stoicism in every respect. He commanded a legion in Macedon and won immense loyalty and respect from the soldiers for the example he set, living and laboring no differently from day to day than he required of his men. He first won election to public office (to the post of quaestor, supervising financial and budgetary matters for the state) in 65 BC and quickly earned a reputation as scrupulously meticulous and uncompromisingly honest. He went out of his way to hold previous quaestors accountable for their dishonesty and misappropriation of funds, which he himself uncovered.
Later he served in the Roman Senate, where he never missed a session and criticized other senators who did. Through his superb oratory in public and deft maneuverings in private, he worked tirelessly to restore fealty to the ideals of the fading Republic.
September 30, 2015
Russia’s “bounty” on TOR
Strategy Page on the less-than-perfect result of Russia’s attempt to get hackers to crack The Onion Router for a medium-sized monetary prize:
Back in mid-2014 Russia offered a prize of $111,000 for whoever could deliver, by August 20th 2014, software that would allow Russian security services to identify people on the Internet using Tor (The Onion Router), a system that enables users to access the Internet anonymously. On August 22nd Russia announced that an unnamed Russian contractor, with a top security clearance, had received the $111,000 prize. No other details were provided at the time. A year later is was revealed that the winner of the Tor prize is now spending even more on lawyers to try and get out of the contract to crack Tor’s security. It seems the winners found that their theoretical solution was too difficult to implement effectively. In part this was because the worldwide community of programmers and software engineers that developed Tor is constantly upgrading it. Cracking Tor security is firing at a moving target and one that constantly changes shape and is quite resistant to damage. Tor is not perfect but it has proved very resistant to attack. A lot of people are trying to crack Tor, which is also used by criminals and Islamic terrorists was well as people trying to avoid government surveillance. This is a matter of life and death in many countries, including Russia.
Similar to anonymizer software, Tor was even more untraceable. Unlike anonymizer software, Tor relies on thousands of people running the Tor software, and acting as nodes for email (and attachments) to be sent through so many Tor nodes that it was believed virtually impossible to track down the identity of the sender. Tor was developed as part of an American government program to create software that people living in dictatorships could use to avoid arrest for saying things on the Internet that their government did not like. Tor also enabled Internet users in dictatorships to communicate safely with the outside world. Tor first appeared in 2002 and has since then defied most attempts to defeat it. The Tor developers were also quick to modify their software when a vulnerability was detected.
But by 2014 it was believed that NSA had cracked TOR and others may have done so as well but were keeping quiet about it so that the Tor support community did not fix whatever aspect of the software that made it vulnerable. At the same time there were alternatives to Tor, as well as supplemental software that were apparently uncracked by anyone.
September 28, 2015
QotD: Universal criminality
I’ve written on many occasions about what I call universal criminality, the crowning achievement of the modern police state, under which there are so many vague, overbroad and counterintuitive laws that every single person is in violation of at least a few of them at all times. Nearly any encounter with the police can be turned into “assault on a police officer” or “resisting arrest”, almost any business can be twisted into “racketeering”, virtually any financial transaction can be redefined as “money laundering” and even normal friendships or business interactions can be tortured into “conspiracy”. But while charges like these can be used to harass, bankrupt and imprison the target, possibly for many years, they often lack the firepower necessary to totally destroy his life forever; after his release from prison he might still be able to find work, have a normal social life and rebuild his shattered fortunes into some semblance of a comfortable existence. Worst of all (from the prosecutorial viewpoint), the public might even side with the victim, turning him into a martyr both during and after his state-sanctioned torture and caging. But there is one weapon in the state’s arsenal which, used properly, will utterly destroy a person’s life. At the end of the process he will have no money, no friends and no home; he will be completely unemployable and condemned to everlasting surveillance, shunned by society and unable even to avail himself of even paid companionship without triggering still more awful consequences. If the prosecutor is really lucky, his victim may even be murdered by the police or other thugs or take his own life. And all it takes to detonate this thermonuclear weapon of modern law is the sending of a single email.
Maggie McNeill, “Instant Criminal”, The Honest Courtesan, 2014-09-19.
September 26, 2015
Straight Up: The Issue of Alcohol in Ontario
Published on 24 Nov 2014
A documentary exploring the peculiar system of alcohol retail and distribution in Ontario.
The beverage alcohol system in Ontario is unique in the world. A government monopoly and a few private companies enjoy preferential access to the province’s consumers. Meanwhile, about 300 Ontario breweries, wineries, and distillers face a number of bureaucratic and structural barriers that effectively shut them out of the market in Ontario. This film tries to explain the origins of the beverage alcohol system in Ontario, and what it means for producers and consumers in the province today.
H/T to Eric Beiers for the link.
September 25, 2015
QotD: The danger of vague laws
Prosecutors, and regulators more generally, like vague standards that are impossible to enforce consistently. It gives them a great deal of discretion in whom they target and how. It is a threat that can be wielded to force pleas to lesser crimes or other “voluntary” actions that obviate the need for a messy trial they might lose.
Megan McArdle, “California Accidentally Legalizes Campus Sex”, Bloomberg View, 2014-09-23.
