Quotulatiousness

December 2, 2014

The brief flicker of interest in the problems of police militarization

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 00:04

At Techdirt, Tim Cushing relives that brief, shining moment when the nation seemed to suddenly notice — and care about — the ongoing militarization of the police:

It’s an idea that almost makes sense, provided you don’t examine it too closely. America’s neverending series of intervention actions and pseudo-wars has created a wealth of military surplus — some outdated, some merely more than what was needed. Rather than simply scrap the merchandise or offload it at cut-rate prices to other countries’ militaries (and face the not-unheard-of possibility that those same weapons/vehicles might be used against us), the US government decided to distribute it to those fighting the war (on drugs, mostly) at home: law enforcement agencies.

What could possibly go wrong?

Well, it quickly became a way to turn police departments into low-rent military operations. Law enforcement officials sold fear and bought assault rifles, tear gas, grenade launchers and armored vehicles. They painted vivid pictures of well-armed drug cabals and terrorists, both domestic and otherwise, steadily encroaching on the everyday lives of the public, outmanning and outgunning the servers and protectors.

It worked. The Department of Homeland Security was so flattered by the parroting of its terrorist/domestic extremist talking points that it handed out generous grants and ignored incongruities, like a town of 23,000 requesting an armored BearCat because its annual Pumpkinfest might be a terrorist target.

Then the Ferguson protests began after Michael Brown’s shooting in August, and the media was suddenly awash in images of camouflage-clad cops riding armored vehicles while pointing weapons at protesters, looking for all the world like martial law had been declared and the military had arrived to quell dissent and maintain control.

This prompted a discussion that actually reached the halls of Congress. For a brief moment, it looked like there might be a unified movement to overhaul the mostly-uncontrolled military equipment re-gifting program. But now that the indictment has been denied and the city of Ferguson is looted and burning, those concerns appear to have been forgotten.

November 30, 2014

Even the Marxists think laws “protecting” women are paternalistic and patronizing

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

In Britain’s Weekly Worker — subtitled “A paper of Marxist polemic and Marxist unity” — Yassamine Mather argues that the demand for “safe spaces” is insulting to women and denies their legal and moral equality with men:

In her speech to LU conference the Communist Platform’s Tina Becker, arguing against the proposed ‘safe spaces’ document, said it was patronising and bureaucratic. What did she mean by these two adjectives?

The idea that women in leftwing organisations need ‘protection’, as opposed to ‘empowerment’, is what is patronising. No doubt Felicity Dowling’s extensive work in dealing with child abuse cases and fighting for children’s rights is commendable. However, time and time again when she speaks about safe spaces she starts with abused children, before moving swiftly to the need for safe places for women, gays, blacks in society and, by extension, in the organisations of the left. I disagree with such a classification of women, gays and blacks as weak creatures — actual and potential victims who constantly need ‘protection’ from the rest of society.

On the contrary, as adults they need a progressive culture that encourages them and everyone else to challenge sexism, homophobia and racism. Comrades in Left Unity are not weak creatures: they are conscious individuals who recognise capitalism as their enemy — that is why they are in politics. They do not need protective legislation of the type social workers use when dealing with vulnerable children.

Here the example that comes to my mind is the struggles of Iranian women over the last 35 years. They had to fight misogyny not only at home, but in every aspect of social, political and economic life. The state claimed that their ‘safety’ was best maintained by segregation — in the home, or beneath the hijab in the street. But women rejected this from the first days of the Islamic Republic. They took to the streets and fought against misogynist legislation and, although there are still many battles to win, they have made great strides against all odds — to such an extent that the women’s movement in Iran is by far the most significant social movement of the region. Would they have been able to achieve this if in their battles against misogyny they had retreated to ‘safe spaces’? Of course not. On the contrary, it is precisely the ‘safe spaces’ provided by the clerical regime that they are rebelling against.

On the left the most effective way to fight sexism and racism is to make sure we battle against privileged positions and the abuse of power, against secrecy and cronyism. It was not lack of safe spaces that led to the disastrous situation in the Socialist Workers Party. It was secrecy, the power of those in authority, their ability to use ‘confidentiality’ to suppress reporting. A ‘safe spaces’ policy cannot protect women from a ‘comrade Delta’.

H/T to Natalie Solent for the link.

November 29, 2014

Another part of Robert Heinlein’s legacy

Filed under: Books, Business, History, Liberty, Media, USA — Tags: , , , — Nicholas @ 00:02

John C. Wright explains why Robert A. Heinlein was so important to the development of the science fiction field:

If you are unfamiliar with the name Robert Heinlein, he is rightly called the Dean of Science Fiction; his pen is the one that first broke through from the pulps into the slicks, and then into juveniles, and then into the mainstream. Were it not for him, we would still be a Hugo Gernsbeckian ghetto.

Heinlein was also a bold advocate for equality of all races and both sexes, at a time when such ideas were not discussed in polite society. He was the main champion in our little Science Fiction ghetto of all things Progressive and Leftwing, that is, the Leftwing of that time. (They have since reversed their standards, for example, swapping a principled opposition to censorship to a full-throated advocacy of it, or swapping an unprincipled opposition to monogamy to an even more unprincipled advocacy of abstinence combined with libertinism.)

The Left owe Heinlein an immense debt of gratitude. Ergo they are ungrateful.

While working on the novel that was to become Rocket Ship Galileo, Heinlein warned his agent that the inclusion of an ethnically diverse cast was not only deliberate — it was non-negotiable, and if an editor requested the removal of the Jewish character, Blassingame (the agent) was to take the book elsewhere.

This is from the letter Heinlein wrote to his agent about his wishes:

    “I have deliberately selected a boy of Scotch-English pioneer ancestry, a boy whose father is a German immigrant, and a boy who is American Jewish. Having selected this diverse background they are then developed as American boys without reference to their backgrounds. You may run into an editor who does not want one of the young heroes to be Jewish. I will not do business with such a firm. The ancestry of the three boys is a “must” and the book is offered under those conditions. My interest was aroused in this book by the opportunity to show to kids what I conceive to be Americanism. The use of a diverse group … is part of my intent; it must not be changed. … I am as disinterested as a referee but I want to get over an object lesson in practical democracy.”

Commenting on this is one Mitch Wagner, freak, writing on the blog maintained by Tor books — one of the largest and most well-respected names in science fiction publishing, as well as being my own publisher. This is not some overlooked corner or outlier opinion.

Wagner snarks:

    This is all admirable, but let’s keep in mind what’s missing from this cast: Asians; disabled people; non-Americans of any kind; lesbians, gays, and the transgendered; Muslims, Buddhists, Hindus, or representatives of the other major world religions. Heinlein’s book was enormously ethnically diverse in that it included the full variety of American Judeo-Christian boys.

    And even the notion that the ethnically diverse boys are “developed as American boys without reference to their backgrounds” is a little creepy.

The freakish Mr. Wagner is not satisfied that Heinlein stormed the breach for them, being the first science fiction writer to put a Jew (Morrie Abrams from Rocket Ship Galileo), a Filipino (Juan Rico, Starship Troopers), a Negro (Rod Walker from Tunnel in the Sky implicitly and Mr. Kiku from The Star Beast explicitly) a Mohammedan (Dr. “Stinky” Mahmoud from Stranger in a Strange Land) or a Maori girl (Podkayne from Podkayne of Mars) in the spotlight as a main character and hero or heroine, but then criticizes Heinlein for not having as a main character … who? A cross-dressing homosexual castrati Hindu as a main character in a children’s book published in 1947? The Democrat Party still had Jim Crow laws and segregation in the South, and in those days the militant arm of the Democrat Party, the KKK, were still lynching blacks.

Do you understand to what the freakish Mr. Wagner is objecting? He is objecting to the melting pot theory that men of different races, locked into endless mutual hatred in the old world, can leave their hatred behind here in the new world. He is objecting to racelessness. Hence, he is a racist.

Heinlein showed backbone and gorm and ran the risk of being blackballed and put out of business by the Left (who, then as now, have major influence amounting to near total control in the New York publication industry) — and for this bold stance, unheard-of at the time, the gormless and freakish Mr Wagner criticizes Mr. Heinlein.

November 25, 2014

The rise of the Stepford Students

Brendan O’Neill is disturbed that the very people who should be most welcoming of intellectual challenge and alternative points of view are the very ones who are most militant about “safe spaces” and allowing no platform to dissenting views:

Have you met the Stepford students? They’re everywhere. On campuses across the land. Sitting stony-eyed in lecture halls or surreptitiously policing beer-fuelled banter in the uni bar. They look like students, dress like students, smell like students. But their student brains have been replaced by brains bereft of critical faculties and programmed to conform. To the untrained eye, they seem like your average book-devouring, ideas-discussing, H&M-adorned youth, but anyone who’s spent more than five minutes in their company will know that these students are far more interested in shutting debate down than opening it up.

[…]

If your go-to image of a student is someone who’s free-spirited and open-minded, who loves having a pop at orthodoxies, then you urgently need to update your mind’s picture bank. Students are now pretty much the opposite of that. It’s hard to think of any other section of society that has undergone as epic a transformation as students have. From freewheelin’ to ban-happy, from askers of awkward questions to suppressors of offensive speech, in the space of a generation. My showdown with the debate-banning Stepfords at Oxford and the pre-crime promoters at Cambridge echoed other recent run-ins I’ve had with the intolerant students of the 21st century. I’ve been jeered at by students at the University of Cork for criticising gay marriage; cornered and branded a ‘denier’ by students at University College London for suggesting industrial development in Africa should take precedence over combating climate change; lambasted by students at Cambridge (again) for saying it’s bad to boycott Israeli goods. In each case, it wasn’t the fact the students disagreed with me that I found alarming — disagreement is great! — it was that they were so plainly shocked that I could have uttered such things, that I had failed to conform to what they assume to be right, that I had sought to contaminate their campuses and their fragile grey matter with offensive ideas.

Where once students might have allowed their eyes and ears to be bombarded by everything from risqué political propaganda to raunchy rock, now they insulate themselves from anything that might dent their self-esteem and, crime of crimes, make them feel ‘uncomfortable’. Student groups insist that online articles should have ‘trigger warnings’ in case their subject matter might cause offence.

[…]

Stepford concerns are over-amplified on social media. No sooner is a contentious subject raised than a university ‘campaign’ group appears on Facebook, or a hashtag on Twitter, demanding that the debate is shut down. Technology means that it has never been easier to whip up a false sense of mass outrage — and target that synthetic anger at those in charge. The authorities on the receiving end feel so besieged that they succumb to the demands and threats.

Heaven help any student who doesn’t bow before the Stepford mentality. The students’ union at Edinburgh recently passed a motion to ‘End lad banter’ on campus. Laddish students are being forced to recant their bantering ways. Last month, the rugby club at the London School of Economics was disbanded for a year after its members handed out leaflets advising rugby lads to avoid ‘mingers’ (ugly girls) and ‘homosexual debauchery’. Under pressure from LSE bigwigs, the club publicly recanted its ‘inexcusably offensive’ behaviour and declared that its members have ‘a lot to learn about the pernicious effects of banter’. They’re being made to take part in equality and diversity training. At British unis in 2014, you don’t just get education — you also get re-education, Soviet style.

Shami Chakrabarti’s On Liberty fails to persuade

Filed under: Books, Britain, Liberty, Media — Tags: , , — Nicholas @ 00:03

Tim Black thinks John Stuart Mill (were he still alive) would be within his rights to sue Chakrabarti for mis-appropriating the title of his famous book:

Given the eponymous nod to John Stuart Mill, Shami Chakrabarti’s On Liberty promises to be a tribute to individual freedom. It promises to be a stirring defence of liberty written by someone who, as the head of the 80-year-old civil-rights campaign group Liberty, has been knee-deep, holding back the tide of aggressive, illiberal legislation. It promises to be an unbowed affirmation of freedom at a time when it has rarely been more devalued.

But the reality of Chakrabarti’s On Liberty, an awkward amalgam of the semi-personal and the mainstream political, never even comes close to realising the promise. Instead, it turns out to be a desperately dull encomium to the human-rights industry, a verveless trudge down Good Cause lane, with every battle against New Labour anti-terror legislation, each scuffle with the ASBO-happy authorities, eventually turning into a victory for the indispensable European Court of Human Rights. Hooray for Strasbourg! If John Stuart Mill wasn’t so liberal (and dead), he’d be within his rights to sue Chakrabarti for calumny.

But first, the prose. Whatever vital impulse there was behind writing this book must have expired long before it reached the page. There’s no life here, no spirit. It as if Chakrabarti has barely thought about the words she’s using. Even when she’s describing the frustrations of her ‘university-educated’ mum, held back ‘by a lack of affordable childcare’, she sounds as if she’s dashing off a policy document, not portraying a loved one. Admittedly, she does prove capable of a geekish whimsy at points — ‘You might say that I am a Jedi Knight who began on the dark side of the force’, she writes of her career beginnings at the UK Home Office. But On Liberty is mainly composed of dead phrases and, worse still, argument-averse legalese. ‘This type of administrative detention by the UK secretary of state’, she writes of the internment of foreign terror suspects at Belmarsh, ‘is not incompatible with the right to personal liberty and the right against arbitrary detention under Article 5 of the Human Rights Convention, as long as it is necessary to the stated purpose, provided for in legislation and subject to scrutiny and appeals in the appropriate courts and tribunals’. Magical stuff.

QotD: Rand Paul and the war on drugs

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

I’ll do everything to end the war on drugs. … The war on drugs has become the most racially disparate outcome that you have in the entire country. Our prisons are full of black and brown kids. Three-fourths of the people in prison are black or brown, and white kids are using drugs, Bill, as you know … at the same rate as these other kids. But kids who have less means, less money, kids who are in areas where police are patrolling … Police are given monetary incentives to make arrests, monetary incentives for their own departments. So I want to end the war on drugs because it’s wrong for everybody, but particularly because poor people are caught up in this, and their lives are ruined by it.

Rand Paul, speaking to Bill Maher, 2014-11-15.

November 22, 2014

The rise of the Quebec libertarian movement

Filed under: Cancon, Liberty — Tags: , , — Nicholas @ 10:02

Back when I was active in the Libertarian Party of Canada, Quebec was an almost unknown area … there were so few libertarians or pro-free market people that we rarely tried to run a candidate in elections there. That apparently is now changing:

Published on 18 Nov 2014

“For a couple of years now, Canada has had a freer economy than the United States.”

That’s Martin Masse, one of the leading figures in the Canadian libertarian movement. Back in the late 90s, when libertarianism was a thoroughly marginal ideology in the country, Masse started Le Quebecois Libre, an online gathering place for allies to the cause.

Things have since changed. Free market ideas now inform Canadian public policy to a degree that’s probably surprising to the average American. Reason TV recently sat down with Masse to find out about this transformation and to discuss the future of liberty in our neighbor to the North.

November 21, 2014

QotD: Trigger warnings

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

I like trigger warnings. I like them because they’re not censorship, they’re the opposite of censorship. Censorship says “Read what we tell you”. The opposite of censorship is “Read whatever you want”. The philosophy of censorship is “We know what is best for you to read”. The philosophy opposite censorship is “You are an adult and can make your own decisions about what to read”.

And part of letting people make their own decisions is giving them relevant information and trusting them to know what to do with them. Uninformed choices are worse choices. Trigger warnings are an attempt to provide you with the information to make good free choices of reading material.

And my role model here, as in so many other places, is Commissioner Lal: “Beware he who would deny you access to information, for in his heart, he dreams himself your master.”

Scott Alexander, “The Wonderful Thing About Triggers”, Slate Star Codex, 2014-05-30.

November 19, 2014

Net Neutrality is a good thing, right?

Net Neutrality is back in the news thanks to President Obama making a PR push to the regulators who may (or may not) be crafting regulations to bring the internet under government supervision:

Because this issue is still in the FCC’s hands, no one can know for sure what rules the agency will adopt. One important question, though, is: will neutrality apply to wireless services or only to cable-based ISPs, such as Comcast, Time Warner, and AT&T? In addition, will failure to preserve the status quo slow down the speed at which Internet connections and broadband capacity expand (because ISPs won’t be able to shift more of the expansion costs onto the “hogs”)? And what exactly is wrong with ISPs wanting to charge content providers higher prices for more bandwidth and faster, more reliable downloads?

More certain, however, is that regulations requiring “net neutrality” will end up benefiting the large, established ISPs. Incumbent firms have gained from “common carrier” regulation throughout U.S. history. As a matter of fact, the FCC predictably will be captured (if it has not already been) by the very companies President Obama wants to regulate “in the public interest.”

The president’s call to action sounds eerily similar to demands for federal railroad regulation that ultimately led to the creation of the Interstate Commerce Commission in 1887. Until it was put out of business in the early 1980s by President Jimmy Carter, the ICC allowed the railroads and, later, motor carriers and pipelines to charge prices exceeding competitive levels, thereby trying its best to protect the carriers’ profits at consumers’ expense.

William Shugart follows up on his original post:

The source of today’s online bottleneck can be traced back to local and regional government authorities, who quickly recognized the benefits (to them personally) of creating and granting exclusive franchises to one ISP that would, for the term of the contract, be a monopolist. (Government officials can extract more rents if they negotiate with only a handful of contestants.) Given that only one ISP would “win” the right to provide online content to local customers, the local monopolists also recognized a benefit of exclusive franchises: They would have the freedom to discriminate against some content suppliers by adding extra fees for privileged access.

So, a simple solution to the absence of net neutrality is readily available: Foster competition between ISPs.

Some people might raise the objection that, in this realm, robust competition for consumer dollars is unlikely because the suppliers of connections to the Internet are “natural monopolists”. In fact, ISPs are not “natural monopolists” as some commentators would have us believe. They are local government-granted monopolies. (Even Frederic Scherer, the author of the influential textbook Industrial Market Structure and Economic Performance, wrote that such claims of “natural monopoly” are “trumped up.”) Competition between ISPs nowadays is a contest for the favors of mayors and city councils who ultimately will determine who will win the exclusive franchise; it is not competition for the business of paying customers.

QotD: Celebrate conformity

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

I heard a lot of that kind of talk during my battles with the Canadian ‘human rights’ commissions a few years ago: of course, we all believe in free speech, but it’s a question of how you ‘strike the balance’, where you ‘draw the line’… which all sounds terribly reasonable and Canadian, and apparently Australian, too. But in reality the point of free speech is for the stuff that’s over the line, and strikingly unbalanced. If free speech is only for polite persons of mild temperament within government-policed parameters, it isn’t free at all. So screw that.

But I don’t really think that many people these days are genuinely interested in ‘striking the balance’; they’ve drawn the line and they’re increasingly unashamed about which side of it they stand. What all the above stories have in common, whether nominally about Israel, gay marriage, climate change, Islam, or even freedom of the press, is that one side has cheerfully swapped that apocryphal Voltaire quote about disagreeing with what you say but defending to the death your right to say it for the pithier Ring Lardner line: ‘“Shut up,” he explained.’

A generation ago, progressive opinion at least felt obliged to pay lip service to the Voltaire shtick. These days, nobody’s asking you to defend yourself to the death: a mildly supportive retweet would do. But even that’s further than most of those in the academy, the arts, the media are prepared to go. As Erin Ching, a student at 60-grand-a-year Swarthmore College in Pennsylvania, put it in her college newspaper the other day: ‘What really bothered me is the whole idea that at a liberal arts college we need to be hearing a diversity of opinion.’ Yeah, who needs that? There speaks the voice of a generation: celebrate diversity by enforcing conformity.

Mark Steyn, “The slow death of free speech”, The Spectator, 2014-04-19

November 12, 2014

“We’re just wild and [ableist slur], aren’t we?”

Filed under: Liberty, Media, USA — Tags: , , , — Nicholas @ 07:56

Susan Kruth on what can happen in the wonderful world of academia when free speech can’t even be used on a panel on free speech:

So what exactly happened at Smith? Smith President Kathleen McCartney, moderating the panel, asked about the line between free speech and hate speech. Torch readers know such a line doesn’t exist. Kaminer said, regarding what’s allowed in the classroom, that there’s a difference between students cursing at each other and students using words in the context of a discussion — for example, talking about the use of “the n-word” in Adventures of Huckleberry Finn. She prompted the audience: “When I say, ‘n-word,’ … what word do you all hear in your head?” and proceeded to repeat the answer she got from the audience, remarking that “nothing horrible happened” when she did so. Some students, however, not only condemned Kaminer for uttering the word but also argued that McCartney should have intervened.

Smith’s student newspaper The Smith Sophian later published a transcript of the panel that both prefaces the content with a trigger warning and censors a number of potentially explicit words, to the point that, in some cases, it’s not clear at first glance what was said. This censored transcript is therefore itself an excellent example of how censorship hurts dialogue. All instances of “nigger” are written as “[n-word].” Kaminer’s use of the word “cunt”—which she used one time, to clarify a student’s reference to “the c-word,” was written as “[c-word],” resulting in this line in the transcript:

    WK: And by, “the c-word,” you mean the word [c-word]?

Clarification was evidently needed, considering that another c-word was also censored from the transcript:

    Kathleen McCartney: … We’re just wild and [ableist slur], aren’t we?

That’s right, wild and crazy. It took my colleagues and me a moment to figure that one out (it is audible in the audio recording of the panel). Despite this word apparently being too offensive to reproduce in the transcript, it was spoken by all three of the other panelists besides Kaminer, in addition to President McCartney.

This kind of censorship serves only to distract from the real dialogue that was happening among panel members and the audience at Smith. It is the Sophian’s editors’ prerogative to cut words from its reporting, but to do so is counterproductive. Newspapers exist to provide information, and censorship inhibits that goal. It also cannot be justified in the name of safety, since no reasonable person could interpret the publication of an accurate transcript as threatening.

November 8, 2014

Republicans and the Patriot Act re-authorization in May 2015

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 08:31

Conor Friedersdorf on the ethical and moral challenge that will face the Republican members of the next Congress soon after they take office:

The Patriot Act substantially expires in May 2015.

When the new Congress takes up its reauthorization, mere months after convening, members will be forced to decide what to do about Section 215 of the law, the provision cited by the NSA to justify logging most every telephone call made by Americans.

With Republicans controlling both the Senate and the House, the GOP faces a stark choice. Is a party that purports to favor constitutional conservatism and limited government going to ratify mass surveillance that makes a mockery of the Fourth Amendment? Will Mitch McConnell endorse a policy wherein the Obama administration logs and stores every telephone number dialed or received by Roger Ailes of Fox News, Wayne LaPierre of the NRA, the Koch brothers, the head of every pro-life organization in America, and every member of the Tea Party? Is the GOP House going to sacrifice the privacy of all its constituents to NSA spying that embodies the generalized warrants so abhorrent to the founders?

The issue divides elected Republicans. Senator Rand Paul and Representative Justin Amash are among those wary of tracking the phone calls of millions of innocent people. Senator Richard Burr favors doing it. Republicans pondering a run for president in 2016 will be trying to figure out how mass surveillance will play in that campaign.

Many would rather not take any stand before May, as if governing — the very job citizens are paying them to do — is some sort of trap. But their preferences don’t matter. This fight is unavoidable.

Sadly, the smart money is betting that they’ll flub it and just re-authorize with little or no changes to the most offensive parts of the legislation. Because 2016.

November 7, 2014

QotD: Freedom of speech versus “fear, cowardice and rationalization”

Filed under: Books, Liberty, Media, Middle East, Quotations — Tags: , , — Nicholas @ 00:01

On Feb. 14, 1989, I happened to be on a panel on press freedom for the Columbia Journalism Review when someone in the audience told us of Ayatollah Ruhollah Khomeini’s religious edict for blasphemy against the British novelist Salman Rushdie. What did we think? We didn’t, as I best recall, disgrace ourselves. We said most of the right things about defending freedom of thought and the imagination.

But the death sentence from Iran’s supreme leader seemed unreal — the sending of a thunderbolt from medieval Qom against modern Bloomsbury — and we didn’t treat it with the seriousness that it deserved. I recall, alas, making a very poor joke about literary deconstructionism. My colleagues, though more sensible, were baffled and hesitant. Was it even true — or perhaps just a mistranslation?

We knew soon enough that it was true. The literary, media and political worlds rallied in defense of Mr. Rushdie. He became a hero of free speech and a symbol — even if a slightly ambivalent postcolonial one — of Western liberal traditions. But he also went, very sensibly, behind a curtain of security that was to last many years.

And by degrees — when it seemed that not only Mr. Rushdie’s life but the lives of his publishers, editors and translators might be threatened — his base of support in the literary world thinned out. Sensitive intellectuals discovered that, in a multicultural world, respect for the Other meant understanding his traditions too, and these often were, well, sterner than ours. Freedom of speech was only one value to be set against…ahem, several other values. Fear, cowardice and rationalization spread outward.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

November 6, 2014

Asset forfeiture again

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 00:02

In the Washington Post last month, David Post discussed the issue of asset forfeiture:

The heat is slowly turning up on the government’s use of civil asset forfeiture procedures to extort money out of innocent individuals without the messy need to actually show that they did anything wrong or wrongful. I blogged about this a couple of weeks ago, and today’s New York Times has a front page article detailing another wrinkle in the civil forfeiture scam: seizures of funds deposited in violation of the “anti-structuring” provisions of the federal code.

As you probably know, banks have an obligation to report all cash transactions of more than $10,000 to the federal government. What you may not know is that it is a federal crime to “structure a transaction,” including by “breaking down a single sum of currency exceeding $ 10,000 into smaller sums, … “for the purpose of evading the [reporting] requirement.” The reporting requirement itself is designed to alert the government to possibly suspicious transactions involving proceeds from money laundering, or drugs or gambling or other cash-intensive activities. But the statute makes the evasion itself a crime — even if the money was derived from perfectly lawful activities, and even if the “purpose of evading the reporting requirement” is a perfectly benign one. And to make matters much worse, the IRS doesn’t even have to charge you with the crime of “structuring” in order to seize the proceeds of the transaction under civil asset forfeiture laws, and the Times article details growing use of this procedure to take and keep money belonging to innocent individuals who are never even charged with the crime at all.

November 5, 2014

Alaska, Oregon, and Washington DC vote to legalize marijuana

Filed under: Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 07:24

Jacob Sullum on the success of two more state legalization campaigns (oh, and the imperial capital, too):

Yesterday Alaska became the fourth state to legalize marijuana for recreational use. With 74 percent of precincts reporting, 52 percent of voters favored legalization. Alaska joins Oregon and Washington, D.C., which legalized marijuana on the same day, and Colorado and Washington state, where voters approved legalization in 2012.

Alaska has taken a unique approach to marijuana since 1975, when the Alaska Supreme Court decided that the state constitution’s privacy clause allows people to possess small amounts of cannabis at home for personal use without fear of arrest or punishment. But that ruling raised an obvious question: Where are people supposed to get the pot they are allowed to use?

Measure 2 answers that question with a system similar to Colorado’s. It allows adults 21 or older to possess up to an ounce of marijuana at a time, grow up to six plants at home, and transfer up to an ounce at a time to other adults “without remuneration.” It authorizes state-licensed growers, cannabis product manufacturers, and retailers, to be regulated by Alaska’s Alcoholic Beverage Control Board or a separate agency created by the state legislature.

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