Quotulatiousness

May 30, 2025

Senate to once again try to pass internet age verification and website blocking

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

Some ideas are so horrible that they never, ever die. The Canadian Senate nearly got an age verification and website blocking ban into law during the last Parliament, and as Michael Geist discusses, they’re not giving up now:

“In the east wing of the Centre Block is the Senate chamber, in which are the thrones for the Canadian monarch and consort, or for the federal viceroy and his or her consort, and from which either the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators themselves sit in the chamber, arranged so that those belonging to the governing party are to the right of the Speaker of the Senate and the opposition to the speaker’s left. The overall colour in the Senate chamber is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom; red was a more royal colour, associated with the Crown and hereditary peers. Capping the room is a gilt ceiling with deep octagonal coffers, each filled with heraldic symbols, including maple leafs, fleur-de-lis, lions rampant, clàrsach, Welsh Dragons, and lions passant. On the east and west walls of the chamber are eight murals depicting scenes from the First World War; painted in between 1916 and 1920.”
Photo and description by Saffron Blaze via Wikimedia Commons.

The last Parliament featured debate over several contentious Internet-related bills, notably streaming and news laws (Bills C-11 and C-18), online harms (Bill C-63) and Internet age verification and website blocking (Bill S-210). Bill S-210 fell below the radar screen for many months as it started in the Senate and received only cursory review in the House. The bill faced only a final vote in the House but it died with the election call. This week, the bill’s sponsor, Senator Julie Miville-Dechêne, wasted no time in bringing it back. Now Bill S-209, the bill starts from scratch in the Senate with the same basic framework but with some notable changes that address at least some of the concerns raised by the prior bill (a fulsome review of those concerns can be heard in a Law Bytes podcast I conducted with Senator Miville-Dechêne).

Bill S-209 creates an offence for any organization making available pornographic material to anyone under the age of 18 for commercial purposes. The penalty for doing so is $250,000 for the first offence and up to $500,000 for any subsequent offences. The previous bill used the term “sexually explicit material”, borrowing from the Criminal Code provision. This raised concerns as the definition in the Criminal Code is used in conjunction with other sexual crimes. The bill now features its own definition for pornographic material, which is defined as

    any photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts, but does not include child pornography as defined in subsection 163.1(1) of the Criminal Code.

Organizations can rely on three potential defences:

  1. The organization instituted a government-approved “prescribed age-verification or age estimation method” to limit access. There is a major global business of vendors that sell these technologies and who are vocal proponents of this kind of legislation.
  2. The organization can make the case that there is “legitimate purpose related to science, medicine, education or the arts”.
  3. The organization took steps required to limit access after having received a notification from the enforcement agency (likely the CRTC).

Note that Bill S-209 has expanded the scope of available technologies for implementation: while S-210 only included age verification, S-209 adds age estimation technologies. Age estimation may benefit from limiting the amount of data that needs to be collected from an individual, but it also suffers from inaccuracies. For example, using estimation to distinguish between a 17 and 18 year old is difficult for both humans and computers, yet the law depends upon it. Given the standard for highly effective technologies, age estimation technologies may not receive government approvals, leaving only age verification in place.

May 22, 2025

Lucy Connolly, political prisoner

I’m no firebrand on social media — I’d probably have a lot more followers if I were — but I can easily imagine a situation like the one that got Lucy Connolly sent off to the British gulags for an ill-judged social media post:

In what has become an emblematic case of the UK’s betrayal of free speech, Lucy Connolly has now lost her appeal for early release. This mother and childminder had posted an offensive tweet in the direct aftermath of the Southport murders, in which a psychopath brutally attacked children with a knife at a yoga class. She had believed the false claim that the perpetrator was an asylum seeker, and written online that she had no objection to people burning down hotels where immigrants were residing.

The tweet was taken as evidence that Connolly had intended to “stir up racial hatred” and incite violence during the febrile climate of the summer riots. It had been deleted within hours, no violence occurred as a result, and yet she was sentenced to 31 months in prison. Given that the severity of Connolly’s sentence was doubtless related to unofficial government pressure on the judiciary, many have made the case that Connolly is a political prisoner.

For all our shared revulsion at the tweet, we must remember that we are still talking here about words, not actions. It was completely right that Philip Prescott, a man who attacked a mosque as part of a mob during the riots, was sentenced to 28 months in jail. But Connolly has received an even longer sentence having committed no acts of violence at all. Many rapists and paedophiles have been treated far more leniently. I know of no sound argument that could possibility justify this state of affairs. It is the very definition of two-tier justice.

Let’s get the caveats out of the way. Nobody is defending what Connolly wrote. It was unpleasant, rash, misjudged, and much else besides. Here is the post in full.

Grim stuff. But it by no means fulfils any serious definition of incitement to violence. For one thing, she is not calling on hotels to be torched, but is rather making clear that she would not care if that occurred. This distinction is key, but has been overlooked. Moreover, Connolly has zero influence or clout. It is not as though anyone reading this could have taken it as an instruction or order and acted accordingly. Those wishing to appreciate the full context of why Connolly behaved as rashly as she did should read this excellent piece by Allison Pearson for The Telegraph.

It should go without saying that in a free society some people are going to say ghastly things. That’s the price we pay for liberty. The judge in this case made a statement in his ruling that has been widely interpreted as political: “It is a strength of our society that it is both diverse and inclusive. There is always a very small minority of people who will seek an excuse to use violence and disorder causing injury, damage, loss and fear to wholly innocent members of the public and sentences for those who incite racial hatred and disharmony in our society are intended to both punish and deter.”

May 16, 2025

Those scary “Brexity books”

Filed under: Books, Britain, Europe, History, Liberty, Media, Politics — Tags: , , , — Nicholas @ 04:00

Andrew Doyle on the sudden interest British police seem to be taking about what kind of books you may have on your shelves at home:

If the British police saw this collection, you’d be lucky to get out of prison in fifty years!

The UK police certainly seem to believe in that old aphorism that that “You can tell everything you need to know about a person from their bookshelf”. There has been much press coverage this week of the case of Julian Foulkes, a former policeman who was arrested at his home in Gillingham for tweetcrime. It took six officers to handcuff the pensioner and take him to a cell, and bodycam footage from the arrest shows them assessing the contents of his bookshelves. One was seen singling out The War on the West by Douglas Murray and another remarked that there were “very Brexity things”.

I have a fair few “Brexity” books on my shelf too. I have just as many “anti-Brexity” books, as it happens. It seems to have escaped the attention of these officers that it is possible to read multiple points of view without necessarily subscribing to any of them. They have also apparently forgotten that “Brexity” views are fairly commonplace, enough so to win the largest democratic mandate the country has ever seen. If it’s a majority view, is it really all that controversial?

I recall during the lockdown I was scheduled for a television interview and, having set up the webcam, I suddenly realised that the two volumes of Ian Kershaw’s excellent biography of Hitler were not only visible, but prominent. The design of the books’ spines is such that the word “HITLER” is displayed in huge letters. Very dramatic and marketable, but not so helpful if you’re about to appear on live television. I must confess that I repositioned my chair to ensure that the books were obscured.

But why? It isn’t as though any sensible person could possibly believe that my interest in the history of tyranny implies an endorsement of it. I could just as easily have a copy of Mein Kampf on the shelf and still retain my wholehearted opposition to its author and everything he stood for. If I owned a copy of the Koran, would that make me a Muslim? If I owned a copy of Jilly Cooper’s Riders, would that make me prone to passionate romps in stables? As a chronic hay fever sufferer, this hardly seems likely.

The assumption that the books we choose to read are a mirror-image of our private thoughts, or that we are so malleable that any opinion we encounter will automatically be assimilated, is very much a core tenet of faith in today’s woke mindset, one that has quite palpably infected the justice system. Those who are currently serving prison time for offensive tweets will be aware that the unevidenced belief that the public act on cue to the language they read has some very authoritarian consequences.

April 29, 2025

1984 and the Politicizing of Language

Feral Historian
Published 16 Aug 2024

A dive into 1984 in relation to modern politics can’t be done without pissin’ in everyone’s Froot-Loops, so grab a tall glass of Victory Gin and let’s talk about how The Party functions, how doublethink makes us crazy, and how it’s not just those nutters on the other side that do it.

I take a few jabs at current sacred cows of the Left and Right here. Hopefully the comments won’t look like Hate Week.

00:00 Intro
01:46 Thoughtcrime and Doublethink
12:27 War is Peace
17:46 Oligarchal Collectivism
22:12 MiniTrue

Post-release edit: It’s been pointed out that I grossly oversimplified the military analysis later in the video, which is true. Man-portable air defense systems and maneuver warfare are a lot more complicated than this video implies. As for that one particular doublethink example mentioned so very briefly, some of the counterpoints have been … impressive contortions of language in their own right. But not interesting enough to discuss the matter further.

April 23, 2025

Germany’s extremely extreme extreme right AfD now the most popular party

Filed under: Germany, Liberty, Media, Politics, Weapons — Tags: , , , , — Nicholas @ 05:00

Friedrich Merz, the leader of the “main” right-wing party in the Bundesrat seems to have a problem with math, as he keeps promising to cut the AfD support in half, yet ends up doubling it:

Many years ago – in 2018, to be precise – a man named Friedrich Merz was in the running to succeed Merkel as chairman of the CDU.

Merz said many interesting things back then. On 14 November 2018, for example, he gave an interview to BILD, in which he denounced Alternative für Deutschland as a party “that does not distance itself from the right” and said that “this makes them unsuitable for any coalition”. Merz pledged to win back all the CDU voters who had defected to the AfD over the years. “In the short term,” he said, “it will probably be impossible to get rid of the AfD,” but if he were chosen to succeed Merkel, he pledged that he could “cut their support in half“.

The very next day he tweeted the exact same thing – promising to lead the CDU back to 40% in the polls and to “halve the AfD“.

At a regional CDU conference around this time, Merz yet again promised to “cut the AfD in half,” adding that “this really is possible”. If I looked harder, I could probably find even more examples of Merz repeating this exact same promise. He made it such a core component of his campaign for the party chairmanship that the Frankfurter Allgemeine Zeitung observed in retrospect: “The whole idea of Merz as party chairman was based on the notion that he would win back votes that Angela Merkel had lost“.

[…]

The latest Forsa poll (conducted for RTL and ntv) has Alternative für Deutschland at a cool 26%. That is their best result in history, and it makes them the strongest party in the Federal Republic. This is the second such poll that places AfD in first place, following an Ipsos survey from 9 April that pegged them at 25%.

Merz has indeed done something to AfD support involving the operand of 2. It’s just not exactly what he imagined.

Now all of that rhetoric we one once heard from the cartel parties – about the importance of dealing with the AfD on the issues and of making convincing appeals to the “democratically inclined” among AfD voters – have become yesteryear’s pablum. They are going to try to ban the AfD now. Because they can’t beat them in any other way, and because they believe Germans shouldn’t be allowed to cast their votes beyond the narrow confines of the political cartel that runs the Federal Republic, they’re going to try to remove the AfD from the board via legal trickery.

Of course, if the AfD is now the most popular party in Germany, it must be suppressed ASAP, and the individual members of the party must be punished “to save democracy”:

In Germany, owning guns is a privilege that can be taken away — not for breaking the law, but for holding the wrong political opinion.

Members and supporters of the right-leaning Alternative für Deutschland (AfD) party are now facing mass gun license revocations. The reason? The German government has labeled the AfD a “right-wing extremist” group — a political designation that suddenly makes its members “unreliable” under the country’s gun laws. And just like that, firearms must be surrendered or destroyed.

If that sounds outrageous, it should. But it’s not surprising.

[…]

In 2021, Germany’s domestic intelligence agency, the Bundesamt für Verfassungsschutz (BfV), designated the entire AfD as a “suspected threat to democracy”. That move allowed the government to surveil, wiretap, and investigate the party and its members.

It didn’t stop there.

Courts have now upheld revoking gun licenses from AfD members, based solely on their political affiliation. In one case, a couple in North Rhine-Westphalia lost legal ownership of over 200 firearms. They weren’t criminals. They weren’t accused of wrongdoing. They were just AfD members.

Another court in Thuringia blocked a blanket gun ban for all AfD members — but left the door wide open for revocations on a case-by-case basis.

In Saxony-Anhalt, officials are reviewing the gun licenses of 109 AfD members. As of last fall, 72 had already been targeted for revocation, with the rest under active review. The justification? Supporting a party the state now claims is “working against the constitutional order”.

And the courts are backing it up. According to a March 2024 ruling, former or current AfD supporters “lack the reliability” required to legally own firearms.

April 20, 2025

QotD: “Hate speech”

… they have convinced themselves that certain forms of speech are not free speech. That certain beliefs should not be afforded the liberty of expression. You hear it in their telling, baleful mantra that “Hate speech is not free speech”. And if “hate speech” is not free speech, but rather some kind of toxin, a pox on public life, then crushing it is not censorship. It is more like an act of public health: cleansing the public realm of diseased thoughts that are liable to harm certain groups. These people see themselves not as censors, but as public-health activists delousing the community of germs spread by evil men and women.

This is why they balk and protest when the words free speech are used against them. They detest the idea that they are enemies of liberty. But of course that is precisely what they are. Just consider that nonsensical chant “Hate speech is not free speech”. There are two profound moral problems with this idiotic tautology. The first is that, actually, even genuinely hateful speech, including racist gibberish and misogynistic blather, should be free speech. By its very definition freedom of speech should extend to all speech, even speech we detest. And secondly, “hate speech” has become a slippery, amorphous category that now covers not only foul old nonsense like Holocaust denial, but also trans-sceptical feminism, criticism of Islam, opposition to mass immigration, and so on. “Hate speech” really means thoughtcrime. It is an utterly ideological category used by the cultural and intellectual elites to demonise and censor ideas, beliefs and moral convictions they disapprove of. The war on “hate speech” is the new war on heresy, on free-thinking, on minority opinion, on challenging beliefs. It is blatant censorship.

The illiberal liberals’ conflation of genuine hatred with moral opinion, all of which then gets cynically collapsed under the name of “hate speech”, was beautifully captured in an exchange on the BBC’s Politics Live yesterday. Pushing back against the FSU’s Inaya Folarin Iman, Baroness Kennedy arrogantly predicted that the FSU would be embraced by “racists … people who hate homosexuals, who hate trans people, [and] people … who have hostile views towards Islam”. Hold on. One of these things is not like the others. What is wrong with having hostile views on Islam? Is hostility towards a powerful world religion now a form of “hate speech”? Yes, it is. Kennedy’s conflation of criticism of Islam with racism and homophobia perfectly encapsulated the way in which “hate speech” is now used to police not only genuinely hateful ideas, but also blasphemy against religious ideas. Even that key freedom human beings fought so hard for – the right to mock gods and prophets and religious ideology – is now threatened by the censorious ideology of “hate speech”.

Brendan O’Neill, “Why we must win the fight for free speech”, Spiked, 2020-02-26.

April 13, 2025

They really are trying to shut down “wrong” speech on the internet

I’ve always been a huge fan of free speech, which has been under continuous and escalating threat by many governments both in person and online. A side-note in the ongoing Canadian federal election has been Liberal leader Mark Carney’s commitment to addressing “online harm” as he defines it:

At a campaign rally in Hamilton, Ontario, Liberal leader Mark Carney unveiled what can only be described as a coordinated assault on digital freedom in Canada. Behind the slogans, applause lines, and empty rhetoric about unity, one portion of Carney’s remarks stood out for its implications: a bold, unapologetic commitment to controlling online speech under the guise of “safety” and “misinformation”.

    We announced a series of measures with respect to online harm … a sea of misogyny, anti-Semitism, hatred, conspiracy theories — the sort of pollution that’s online that washes over our virtual borders from the United States.

He then made clear his intention to act:

    My government, if we are elected, will be taking action on those American giants who come across [our] border.

The former central banker, who now postures as a man of the people, made it clear that if the Liberals are re-elected, the federal government will intensify efforts to regulate what Canadians are allowed to see, say, and share online. His language was deliberate. Carney condemned what he called a “sea of misogyny, anti-Semitism, hatred, conspiracy theories” polluting Canada’s internet space — language borrowed directly from the Trudeau-era playbook. But this wasn’t just a moral denunciation. It was a legislative preview.

Carney spoke of a future Liberal government taking “action on those American giants who come across our borders”. Translation: he wants to bring Big Tech platforms under federal control, or at least force them to play the role of speech enforcers for the Canadian state. He blamed the United States for exporting “hate” into Canada, reinforcing the bizarre Liberal narrative that the greatest threat to national unity isn’t foreign actors like the CCP or radical Islamists — it’s Facebook memes and American podcasts.

But the most revealing moment came when Carney linked online speech directly to violence. He asserted that digital “pollution” affects how Canadians behave in real life, specifically pointing to conjugal violence, antisemitism, and drug abuse. This is how the ground is prepared for censorship: first by tying speech to harm, then by criminalizing what the state deems harmful.

What Carney didn’t say is just as important. He made no distinction between actual criminal incitement and political dissent. He offered no assurance that free expression — a right enshrined in Canada’s Charter of Rights and Freedoms — would be respected. He provided no definition of what constitutes a “conspiracy theory” or who gets to make that determination. Under this framework, any criticism of government policy, of global institutions, or of the new technocratic order could be flagged, throttled, and punished.

And that’s the point.

Mark Carney isn’t interested in dialogue. He wants obedience. He doesn’t trust Canadians to discern truth from fiction. He believes it’s the job of government — his government — to curate the national conversation, to protect citizens from wrongthink, to act as referee over what is and isn’t acceptable discourse. In short, he wants Ottawa to become the Ministry of Truth.

In Britain, their equivalent to Canada’s “online harms” legislation has induced Bitchute to discontinue service to users in the UK:

A READER alerted us to this statement posted on the Bitchute homepage, visible to geolocated UK users:

    After careful review and ongoing evaluation of the regulatory landscape in the United Kingdom, we regret to inform you that BitChute will be discontinuing its video sharing service for UK residents.

    The introduction of the UK Online Safety Act of 2023 has brought about significant changes in the regulatory framework governing online content and community interactions. Notably, the Act contains sweeping provisions and onerous corrective measures with respect to content moderation and enforcement. In particular, the broad enforcement powers granted to the regulator of communication services, Ofcom, have raised concerns regarding the open-ended and unpredictable nature of regulatory compliance for our platform.

    The BitChute platform has always operated on principles of freedom of speech, expression and association, and strived to foster an open and inclusive environment for content creators and audiences alike. However, the evolving regulatory pressures — including strict enforcement mechanisms and potential liabilities — have created an operational landscape in which continuing to serve the UK market exposes our company to unacceptable legal and compliance risks. Despite our best efforts to navigate these challenges, the uncertainty surrounding the OSA’s enforcement by Ofcom and its far-reaching implications leaves us no viable alternative but to cease normal operations in the UK.

    Therefore, effective immediately, BitChute platform users in the UK will no longer be available to view content produced by any other BitChute user. Because the OSA’s primary concern is that members of the public will view content deemed unsafe, however, we will permit UK BitChute users to continue to post content. The significant change will be that this UK user-posted content will not be viewable by any other UK user, but will be visible to other users outside of the UK. Users outside the UK may comment on that content, which the creator will continue to be able to read, delete, block, reply and flag. Users outside the UK may share UK-user produced content to other users outside of the UK as normal. In other words, for users in the UK, including content creators, the BitChute platform is no longer a user-to-UK user video sharing service.

This is the exactly the kind of consequence we at TCW feared a result of the overly restrictive and poorly written Online Safety Act 2023, which has now come into force.

The way the technology works is that websites can use a geolocation service to analyse the IP address your internet service provider has given your service, and use this to determine where you are. Google does this to tailor ads to you, Amazon does this to get you the most convenient version of their website.

Now Bitchute are using this service to protect themselves from the UK Government’s overreach.

The good news: there is a way round this.

April 10, 2025

Too much free speech is bad for German democracy

Filed under: Germany, Government, Liberty, Media, Politics — Tags: , , , , , — Nicholas @ 04:00

eugyppius notes that criticizing German politicians for their lack of commitment to the principles of free speech can land you in prison if you’re not careful:

David Bendels, the chief editor of the AfD-adjacent Deutschland Kurier, has been threatened with prison time and sentenced to seven months of probation for a Twitter meme. It is the harshest sentence ever handed down to a journalist for a speech crime in the Federal Republic of Germany.

This is the illegal tweet, which Bendels posted via the official Deutschland Kurier X account on 28 February 2024:

It shows German Interior Minister Nancy Faeser holding a sign that has been manipulated to read “I hate freedom of speech!” Bendels posted the image to satirise Faeser’s disturbing plans to restrict the speech, travel and economic activity of political dissidents in Germany, which she had announced at a press conference a few weeks earlier.

Faeser personally filed criminal charges against Bendels for defamation after Bamberg police brought the meme to her attention. Last November, the Bamberg District Court summarily ordered Bendels to pay an enormous fine for this speech crime “against a person in political life”. This is yet another prosecution that proceeds from our lèse-majesté statute, or section 188 of the German Criminal Code, which provides stiffened penalties for those who slander or insult politicians, because politicians are special people and more important than the rest of us.

The same Bamberg prosecutor’s office and the same Bamberg District Court had previously pursued the German pensioner Stefan Neihoff for the crime of posting another meme implying that German Economics Minister Robert Habeck might be a moron. That case, too, seems to have been brought to Habeck’s attention by Bamberg police, who requested that Habeck file charges. The Bamberg police apparently have very little to do beyond trawling the internet for political memes and protecting democracy by suppressing democratic freedoms.

Bendels appealed his summary penalty, and so the Bamberg District Court put him on trial. Yesterday the judges found him guilty and sentenced him to seven months in prison, which they suspended in favour of probation. The judges claimed that Bendels was guilty because he had distributed a “factual claim about the Minister of the Interior, Ms Faeser … that was not recognisably … inauthentic”, and judged that his meme was “likely to significantly impair [Faeser’s] public image”. The presiding judge demanded that Bendels submit a written apology to the Interior Minister for having so egregiously slandered her.

March 20, 2025

US Supreme Court to hear case that might overturn the Kelo decision

Filed under: Bureaucracy, Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 08:00

J.D. Tuccille discusses a US Supreme Court case on abuse of the power of eminent domain that might be the key to reversing the ridiculous Kelo precedent:

… the U.S. Supreme Court may soon overturn one of its worst decisions in recent memory — a ruling that justified government stealing property from its owners to pass it to better-connected private parties. On Friday, the court will decide whether to consider a New York case that could upset the precedents set by Kelo v. New London, an eminent domain battle that prompted books, a movie, and state-level legal reforms. While Kelo was a loss for anybody who wants to set boundaries around government power, the court could take the opportunity this week to set things right with Bowers v. Oneida County Industrial Development Agency.

Kelo Abandoned Basic Limitations on Government Power

In dissenting to the majority’s 2005 decision in Kelo allowing the taking of a house owned by Susette Kelo by the city government of New London, Connecticut to transfer it to a favored developer, Justice Sandra Day O’Connor quoted Calder v. Bull (1798): “[A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it”.

“Today the Court abandons this long-held, basic limitation on government power”, O’Connor added. “Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded — i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public — in the process.”

That dissent was joined by Chief Justice William H. Rehnquist and Justices Clarence Thomas and Antonin Scalia. Also agreeing with the dissenters were a great many Americans horrified that the Supreme Court had signed off on the confiscation of private property so long as a potential new owner could show spiffy plans for the confiscated parcels and promise greater tax revenue. It wouldn’t even have to be a fulfilled promise — Susette Kelo’s house remained undeveloped when financing for the project fell through.

The response to Kelo included books, a movie — Little Pink House — and a wave of state-level court decisions and legislative efforts intended to rein-in the abuse of eminent domain.

Most States Have Reformed Eminent Domain — but Not New York

“Since Kelo v. New London, 47 states have strengthened their protections against eminent domain abuse, either through legislation or state supreme court decisions,” notes the Institute for Justice (I.J.). Of course, not all the reforms were created equal. I.J. grades the various efforts, with states like Florida getting an “A” grade and Connecticut — where the Kelo case occurred — lagging with a “D”. A 2009 study found that “states with more economic freedom, greater value of new housing construction, and less racial and income inequality are more likely to have enacted stronger restrictions, and sooner” on eminent domain.

And then there’s New York. I.J. gives that state an “F” because it failed to even attempt reform. In 2009, that state’s highest court conceded “it may be that the bar has now been set too low” as it approved seizure of private property for redevelopment. “But any such limitation upon the sovereign power of eminent domain as it has come to be defined in the urban renewal context is a matter for the Legislature, not the courts.” The legislature never acted.

March 5, 2025

Trump’s next target – Europe

Andrew Doyle thinks that the next step of Donald Trump’s culture war will be highlighted by a struggle over freedom of speech with the UK and the regulators of the European Union:

British PM Keir Starmer talks with US President Donald Trump in the White House.

New battle lines are forming in the culture war. While the woke movement appears to be in retreat, the forces of authoritarianism are regrouping for a fresh assault. Rather than maintaining a straightforward conflict between right and left, the next phase of the culture war will most probably be waged between Europe and the United States. It has all the qualities of a novel by Henry James for the digital age, with the distinctions between the old world and the new brought once again into sharp focus.

Free speech will be the key issue. Most of us will have seen the footage of vice-president J. D. Vance last week in the Oval Office taking Keir Starmer to task for the “infringements on free speech that actually affect not just the British” but also “American technology companies and by extension, American citizens”. Starmer pushed back, saying “in relation to free speech in the UK, I’m very proud of our history there”. It’s a bit like Hannibal Lecter boasting about his ongoing commitment to vegetarianism.

The word “history” was apt, given that Starmer’s government is seemingly determined to ensure that free speech is consigned to the past. One of its first acts after seizing power was to ditch the Higher Education (Freedom of Speech) Act. In February, Angela Rayner revealed her plans for the establishment of a sixteen-member council on “Islamophobia” which could see the criticism of religion criminalised. Meanwhile, Yvette Cooper has been staunchly defending the police for recording “non-crime”, while the chairman of the College of Policing, Lord Herbert, has suggested that the best approach to tackling the controversy is to simply rename “non-crime hate incidents” as something more palatable. Apparently Lord Herbert believes that the problem is the nomenclature, not the fact that citizens are being investigated by the armed wing of the state for lawful behaviour.

All of this is before we get to Starmer applying pressure to the judiciary to mete out draconian sentences for offensive posts and memes on social media, and the government’s determination to crack down on online “disinformation”. Ours is an authoritarian government, and Starmer’s Orwellian denial of the truth of his position in the Oval Office is to be expected. Autocrats throughout history have enacted censorship “for the public good”. Today, they target “disinformation”, a term so vague that it can be applied to anyone who questions the narrative of the ruling class.

And so, as I say, the new front of the culture war will most likely be transatlantic. The US government will simply not tolerate the widespread censorship of its citizens by laws passed overseas. Jim Jordan, chairman of the Committee on the Judiciary of the House of Representatives, has already issued subpoenas to eight US tech companies to divulge all communications they have had with the UK government regarding “content moderation” (i.e., censorship). Jordan is particularly concerned about the Labour government’s intention to empower OfCom to regulate social media, and he has specifically mentioned UK officials who “have already threatened to use UK laws to police American speech”.

N.S. Lyons suggested in the latest post at The Upheaval that Vice President J.D. Vance’s real message to the European leaders can be rephrased as “Give Up the Information War and GTFO”:

The political elite of Europe and the Anglosphere appeared shocked by J.D. Vance’s wonderfully blunt speech in Munich last month. The U.S. Vice President declared Washington’s top security concern to be “the threat from within” the NATO alliance and castigated assembled leaders for their increasingly brazen assaults on “democratic values”, including censoring speech, suppressing popular opposition parties, and canceling elections. But if this shock isn’t feigned then it is rather remarkable, given that these elites were in their own way already effectively at war with the United States. All Vance did was point out the nature of this hidden conflict.

Vance delivered multiple messages with his speech, the broadest and most historic of which was that the era of “post-national” globalist liberalism is over. The United States, he indicated, now has a core interest in seeing a Western world that is collectively strong because its sovereign nations are strong, with the self-confidence to independently defend themselves physically, culturally, and spiritually. His emphasis on promoting free speech and democratic legitimacy tied into this message, but was about far more than the importance of “shared values” or even Washington’s new friendliness to nationalist parties. Practically, it was an implied warning that the role Europe has been playing as a proxy actor in the political and ideological conflicts raging in the United States will no longer be tolerated. More specifically, it was a declaration that ongoing transatlantic institutional, technological, and legal support for America’s embattled left-wing deep state must end – or else.

After Donald Trump’s election in 2016, America’s panicked establishment elites reacted by attempting to construct a system for managing public opinion through strict control of information, especially online information. The idea was that growing public support for populism was fueled by “low-information voters” and their consumption of “misinformation” and “disinformation”, including from foreign actors, and that if their “information diet” could just be controlled then they would stop voting wrong. The underlying assumption here was of course that the elite’s own increasingly radical policy preferences were the only rational path, opposable only by the stupid and easily manipulated. As Trump’s defeated opponent Hillary Clinton would later put it, social media platforms had fundamentally changed the information environment and “if they don’t moderate and monitor the content, we lose total control”.

This intended system of thought-control would later grow into the censorship industrial complex that was partially revealed following Elon Musk’s acquisition of Twitter. But a big obstacle initially stood in the way: the U.S. Constitution and its protection of free speech. The public might be receiving the “wrong” information on the internet, but “our First Amendment stands as a major block to be able to just, you know, hammer it out of existence”, as John Kerry lamented in a speech to the World Economic Forum.

Under the Biden administration, this legal problem was partially solved by simply ignoring it, the federal government directly colluding with technology companies and a network of “independent” (state-funded) “fact-checking” organizations to impose mass censorship on American citizens. The result was, as one federal judge later described it, effectively “the most massive attack against free speech in United States’ history”.

A more subtle and sustainable work-around was also discovered, however. This was to circumvent the U.S. Constitution by outsourcing the policing of the internet and populist movements to other countries around the world. This could be done because the internet is global and so the whole network is affected by government regulations on any local market of sufficient size. Leaders on both sides of the Atlantic immediately grasped that legal and regulatory structures imposed by the European Union, with the leverage of its huge unified market, could for example force internet companies the world over – including U.S. companies – to change their behavior in order to comply and avoid losing access (this imperialistic regulatory strong-arming was dubbed the “Brussels Effect”, becoming Europe’s only significant innovation this century).

February 28, 2025

QotD: A jaundiced view of the feminist movement

Filed under: Government, History, Law, Liberty, Politics, Quotations, USA — Tags: , , , — Nicholas @ 01:00

The idea of the suffragettes was that women should share in the political business of the menfolk voting on leaders whose main task was deciding matters of crime, taxation, and war, on the grounds that they share in the outcomes and burdens of any bad decisions in that area.

Note that governments, back in the day, did not attempt to act as a nanny, warding off daily harms from unsafe commercial products, or was government in the business of educating the young, nursing the sick, or managing the personal lives of all the children of all ages inhabiting the nation.

The idea of the men who invented feminism was that propelling women into the workforce would increase the tax base, break apart the nuclear family, and increase sales of expensive drugs to promote temporary sterility.

Breaking the family in turn would make women more dependent on the government than on their menfolk, and draw the unreasoning admiration women typically bestow upon their protectors and breadwinners onto the Powers That Be. The fanatical devotion that mothers of convicts show, when they insist forever that their child is innocent, would then be channeled into the ballot box toward whatever demagogue with a vacant smile promised to remove dangerous liberty from the hands of the children, regardless of age, inhabiting the nation.

Pornographers like Hugh Hefner encouraged feminism on the grounds that it would increase vice, and hence the monetary gain from the public sale of vice.

Then, once women were in the workforce, excluding them from the military and other areas where men are better qualified was said to be a sign of hidden bigotry against them. The idea of this bigotry was so stupid that a new word had to be coined to hide its meaning, and that word is “sexism”.

The word “racism” — which at the time had a meaning — was decapitated and the word “sex” — and at the time this word also had a meaning — was sutured onto the neckstump, to produce a new word intended to denounce a nonexistent hatred and contempt felt by men against women.

There have been wars between races and tribes since time immemorial, and hatred between races and tribes. But the war between the sexes is not really a war, because both sides keep flirting with the other, and settling down, and having babies and suchlike.

John C. Wright, “No More Lads”, John C. Wright’s Journal, 2020-01-28.

February 16, 2025

Canada – parliamentary democracy or elected dictatorship?

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

During the entire dramatic confrontation with Donald Trump, Canada’s parliament has been prorogued … effectively meaning that the opposition can’t hold the government to task for how it is handling Trump’s aggression. In any other western country, parliament would have been in session all the way through this, but because Justin Trudeau was aware that his government might be defeated in the house, he chose to ask the Governor General to prorogue until late March.

Not everyone has been meekly accepting Trudeau’s position, and the Justice Centre for Constitutional Freedoms is challenging the prorogation in Federal Court. Dan Knight updates us on the progress of the hearing:

Arms of the Federal Court of Canada

We are now in Day 2 of the Federal Court hearing, where Justin Trudeau’s government is trying to convince a judge that shutting down Parliament to avoid Well, folks, here we are. Day two of the Federal Court showdown, where the Trudeau government is desperately trying to convince Canadians that shutting down Parliament to protect their own hide was a completely reasonable thing to do. They want you to believe that this is all perfectly normal, that it’s routine, that it’s just a quirk of the system. Nothing to see here, folks!

But the problem with lying is that eventually, you get caught. And on Day 2 of this hearing, Justin Trudeau’s legal team got caught. Over and over again.

If you watched what unfolded in court, you saw the Trudeau government’s lawyers flailing like fish on dry land, fumbling through weak excuses as Chief Justice Paul S. Crampton shredded their arguments one by one. At one point, they actually misrepresented a legal precedent in court, only for the Chief Justice to read the case aloud and reveal that it actually contradicted their argument. Humiliating.

And that was just the start.

This case isn’t just about whether Trudeau technically had the ability to prorogue Parliament. It’s about why he did it — and more importantly, whether Canada is now a country where the Prime Minister can shut down democracy whenever it gets inconvenient for him. Because if the courts let this stand, what’s stopping the next Prime Minister from proroguing indefinitely? What’s stopping the government from suspending Parliament every time there’s a corruption scandal, every time they fear a non-confidence vote, every time they need to cover up a mess of their own making?

And that’s exactly what Trudeau did. His government was facing multiple crises all at once — a massive financial scandal, a looming non-confidence vote, and an economic firestorm caused by Trump’s tariff threats. So rather than actually dealing with it, he shut Parliament down. The question is: Did he have the right to do that?

[…]

The Chief Justice has promised to issue a ruling before Parliament resumes on March 24. That means this case will be decided before Trudeau can walk away and pretend none of this ever happened.

If the court rules against the government, it will mean that future Prime Ministers cannot abuse prorogation to avoid scrutiny. It will send a clear message that shutting down Parliament to protect yourself is unconstitutional and illegal.

But if the government wins, it will mean that the Prime Minister can shut down democracy anytime he wants. It will mean that Canada is no longer a functioning parliamentary system but a country where the executive can do whatever it pleases.

And if that happens, ask yourself this: What’s stopping the next Prime Minister from just shutting down Parliament indefinitely?

Trudeau might be stepping down soon, but his legacy of corruption, incompetence, and political cowardice will haunt this country for years. The question now is whether the courts will allow him to rewrite the rules of democracy on his way out the door.

We’ll find out soon.

Update: Fixed broken link.

February 8, 2025

QotD: American gun rights

Filed under: Government, Liberty, Media, Politics, Quotations, USA, Weapons — Tags: , , , , , — Nicholas @ 01:00

I was asked last night why, when I talk about politics, I focus on gun rights so much. Surely, said querent, there are lots of other important things for a libertarian like you to weigh in on. Censorship. DEI. AGW hysteria. The list goes on …

Fair question. It’s because many years ago L. Neil Smith, a libertarian SF writer sadly no longer with us, persuaded me of something important.

A politician’s attitude about firearms rights is a very reliable index for his actual attitude about individual freedom and agency.

Never mind what they say about other issues. A politician standing up for the right of ordinary citizens to be armed is sending a very reliable signal that he values their ability to assert their freedom, and trusts them to generally make correct choices about the use of violence even it might be directed against himself.

Conversely, a politician who is against gun rights is telling on himself. He fears the wrath of the people and wants them disempowered. He does not trust them to employ violence only when necessary.

And that’s actually the best case. In far too many cases, anti-gun politicians clearly dream of being the jackboot that stomps on human faces forever, and view the disarmament of the general population as a step towards that end.

If I must have politicians meddling in my affairs, I demand at the very least that they respect my freedom and my agency. That’s why I demand that they respect my right to keep and bear arms.

Gun rights may look like a narrow single issue. It isn’t. It’s an even better index of a politician’s attitude about liberty than questions about free speech and censorship, because it pushes the stakes higher. Because words can’t kill you, but arms wielded by enraged citizens can.

No matter what soothing words drop from his lips, no matter what promises he makes, the politician who tries to disarm you is always, always, always your enemy. Never forget that.

ESR, Twitter, 2024-11-06.

January 28, 2025

What Britain desperately needs is common-sense pointy stick controls

Britain’s gun laws make Canada look like the wild west, yet the government still wants far greater control over objects that can be used as weapons. The conviction of the Southport murderer, who used a knife obtained through Amazon, seems to have given the British government under Kurt Stürmer Keir Starmer an excuse to crack down even further on any kind of device with a sharpened blade rather than the criminals who wield them:

Southport murderer Axel Rudakubana.
Photo released by Merseyside Police.

“Time and again, as a child, the Southport murderer carried knives. Time and again, he showed clear intent to use them,” U.K. Prime Minister Keir Starmer wrote in a piece for The Sun about Axel Rudakubana, who admitted murdering three girls and injuring others at a Taylor Swift-themed dance class last year. “And yet tragically, he was still able to order the murder weapon off of the internet without any checks or barriers. A two-click killer. This cannot continue. The technology is there to set up age-verification checks, even for kitchen knives ordered online.”

What Starmer mentioned but glossed over is that Rudakubana was three times referred to a program intended to divert people from radicalization and terrorism before authorities lost interest in him. At the time of his arrest, he had a copy of an Al Qaeda training manual, which led him to being charged and sentenced for terrorism. He also possessed the deadly poison ricin that he’d manufactured himself in sufficient quantity to conduct a mass attack.

Rudakubana was a human bomb waiting to go off. But Starmer focused not on officials’ failure to pay attention, but on knives — edged tools that are among humans’ earliest and most important creations.

“Online retailers will be required to ask for two types of ID from anyone seeking to buy a knife under plans being considered by ministers to combat under-age sales after the Southport murders,” reports Charles Hymas of The Telegraph. “Buyers would have to submit an ID document to an online retailer and then record a live video or selfie to prove their age.”

It’s difficult to see how an ID check is going to stand between those planning mayhem and tools first crafted 2.6 million years ago in their most primitive form and still used by people every day. My dentist forges knives in his backyard for fun. One of my nephews turns files into knives on a grinding wheel. Scraping an appropriate material against a stone will give you an edge and a point. ID checks don’t seem like a barrier to people with bad intentions and the ability to make ricin in their bedrooms.

A Case History in Ridiculously Restrictive Policies

This is why the U.K. strikes many Americans as the reductio ad absurdum of policies that demonize objects rather than targeting bad actors. Opponents of authoritarian laws ask: What will the authorities do once they’ve made firearms difficult to legally acquire, and crime continues? Will they ban knives?

The answer from the U.K., which already has restrictive gun laws, is yes, they will ban knives — or at least impose access and carry restrictions and consider forbidding blades to have points. The result has been a black market in smuggled and illicitly manufactured firearms that will inevitably extend to knives. Harmless people are now arrested for having Swiss Army knives in car glove compartment or for possessing locking knives on the way home from jobs that require them. And the country’s crime problems continue to grow.

That’s bad enough, but U.K. authorities, like those elsewhere, also prefer to surveil the entire population to detect anything they could call a danger to public order, rather than focusing on specific individuals harming others.

“There are now said to be over 5.2 million CCTV cameras in the UK,” according to Politics.co.uk. “Surveillance footage forms a key component of UK crime prevention strategy,” but “the proliferation of CCTV in public places has fueled unease about the erosion of civil liberties and individual human rights, raising concerns of an Orwellian ‘big brother’ culture.”

The British government also monitors online activity to an extent that Edward Snowden deemed it “the most extreme surveillance in the history of western democracy.”

That surveillance turns up comments, jokes, and rants authorities just don’t like. “Think before you post,” the government warns people. “Content that incites violence or hatred isn’t just harmful – it can be illegal.” But the authorities enforce a broad definition of unacceptable material. People have been arrested for dressing as terrorists for Halloween, for making intemperate online remarks, and for just getting things wrong when posting on the internet (they’ll need a big paddy wagon for that one).

January 25, 2025

“How can an active program of ending censorship; of lauding colour blind appointment on merit; … be Fascism redux?”

Filed under: Government, Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 04:00

As discussed yesterday, one of the many “hitting the ground running” acts of Donald Trump at the beginning of his second term in office has been to issue executive orders to dismantle a lot of progressives’ favourite policies, and many of them are calling it “fascism”:

Trump-the-Presidency 2.0 has already proved to be rather different from the 1.0 version. It is not merely that this time around he won the US popular vote. It is that he has “hit the ground running” with a whole stack of executive orders.

Watching the reaction to this has become — to put it mildly — a somewhat bifurcated experience. Lots of people, who were relieved at his victory, applaud what they see as a return to common sense; a rejection of censorship; a rejection of a politics intrusive into any and all aspects of life.

Conversely, there are also lots of — typically very online — people who see it as Fascism redux, as the equivalent of the end of Weimar Germany being live-streamed. How can an active program of ending censorship; of lauding colour blind appointment on merit; of removing DEI commissars from the US Federal Government; that includes appointment of women and persons of colour to senior positions; be Fascism redux?

The short answer is: it isn’t. The question then becomes, how can it be seen as such? This is where the long-run consequences of anti-discrimination law kicks in.

Anti-discrimination law creates a legal-bureaucratic structure that operates on the basis that the general citizenry is continually hovering on the edge of wrong think (racism) and wrong act (discrimination). The presumption becomes — without all this active effort — racism and discrimination will be unleashed.

This is nonsense. Anglosphere countries have low levels of racism and anti-discrimination norms have become widely accepted. Where there are discrimination issues, they are mostly problems of cultural distance that have a significant element of practicality from differing expectations between groups.

Nevertheless, it is very much in the interests of the legal-bureaucratic structure that anti-discrimination law sets up that propensities to wrong act and wrong think be seen as real, and endemic. Even better, is if the problem is seen as even larger than originally conceived.

So, we get a double expansion. The first expansion is in the range of protected groups. This provides a broadening of the social ambit of the potential wrong thinking (racism, misogyny, homophobia, Islamophobia, transphobia …) and of the potential wrong acting (who might be discriminated against).

As this moral dimension becomes so elevated—not least because there are so much employment involved, but also as considerable social leverage is created by for those who can set what is, or is not, legitimate action and speech—there is expansion of what constitutes wrong think and wrong act. There is large, indeed expanding, ambit for intellectual and other entrepreneurs to identify new sins of discrimination, new sins of unequal consideration, new ways wrong think propagates, and new ways of signalling one’s rejection of such sins.

It is better still if uttering true things becomes a wrong act, expressing wrong think, for people are prone to do that, to notice things. Of course, if you start trying to shun, shame and punish folk for expressing true things, for noticing things, you are likely to generate quite a lot of resentment. This is useful, for such pushback just further “establishes” the propensity to wrong think and wrong act. Hence Transphobia and Islamophobia becoming such markers of wrong think—there are so many true things to not notice.

There is even a term for someone who notices inconvenient patterns — far right. A term that has become the classic thought-terminating cliché in the service of not noticing.

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