One of the peculiar phenomena of our time is the renegade Liberal. Over and above the familiar Marxist claim that “bourgeois liberty” is an illusion, there is now a widespread tendency to argue that one can defend democracy only by totalitarian methods. If one loves democracy, the argument runs, one must crush its enemies by no matter what means. And who are its enemies? It always appears that they are not only those who attack it openly and consciously, but those who “objectively” endanger it by spreading mistaken doctrines. In other words, defending democracy involves destroying all independence of thought. This argument was used, for instance, to justify the Russian purges. The most ardent Russophile hardly believed that all of the victims were guilty of all the things they were accused of: but by holding heretical opinions they “objectively” harmed the regime, and therefore it was quite right not only to massacre them but to discredit them by false accusations. The same argument was used to justify the quite conscious lying that went on in the leftwing press about the Trotskyists and other Republican minorities in the Spanish civil war. And it was used again as a reason for yelping against habeas corpus when Mosley was released in 1943.
These people don’t see that if you encourage totalitarian methods, the time may come when they will be used against you instead of for you. Make a habit of imprisoning Fascists without trial, and perhaps the process won’t stop at Fascists. Soon after the suppressed Daily Worker had been reinstated, I was lecturing to a working men’s college in South London. The audience were working‐class and lower‐middle‐class intellectuals — the same sort of audience that one used to meet at Left Book Club branches. The lecture had touched on the freedom of the press, and at the end, to my astonishment, several questioners stood up and asked me: Did I not think that the lifting of the ban on the Daily Worker was a great mistake? When asked why, they said that it was a paper of doubtful loyalty and ought not to he tolerated in war time. I found myself defending the Daily Worker, which has gone out of its way to libel me more than once. But where had these people learned this essentially totalitarian outlook? Pretty certainly they had learned it from the Communists themselves!
Tolerance and decency are deeply rooted in England, but they are not indestructible, and they have to be kept alive partly by conscious effort. The result of preaching totalitarian doctrines is to weaken the instinct by means of which free peoples know what is or is not dangerous. The case of Mosley illustrates this. In 1940, it was perfectly right to intern Mosley, whether or not he had committed any technical crime. We were fighting for our lives and could not allow a possible Quisling to go free. To keep him shut up, without trial, in 1943 was an outrage. The general failure to see this was a bad symptom, though it is true that the agitation against Mosley’s release was partly factitious and partly a rationalization of other discontents. But how much of the present slide to ward Fascist ways of thought is traceable to the “anti‐Fascism” of the past ten years, and the unscrupulousness it has entailed?
George Orwell, “The Freedom of the Press“, 1945 (written as the introduction to Animal Farm, but not published in Orwell’s lifetime).
June 9, 2025
QotD: “Defending” democracy with totalitarian methods
June 5, 2025
The Liberals believe this time they’ll keep kids away from internet porn
Sometimes it’s hard to get a grip on what Liberals actually believe, as on the one hand they’re actively resisting pulling literal pornography out of school libraries (because it’s “LGBT friendly”) and on the other hand, they’re all gung-ho for yet another attempt to pass legislation that will try to prevent kids from seeing porn on the internet:
How does a website automatically, “responsibly” prove someone’s age down the end of an internet connection, without actually verifying their ID? Answer: It doesn’t. Obviously
There is another legislative effort afoot to keep Canadian children away from pornography. It’s well-intentioned effort, I suppose, but such efforts didn’t work very well when pornography was printed on glossy paper and distributed on VHS tapes and pay-per-view, so it seems particularly improbable in the internet age.
Bill S-209 is Independent (Liberal-appointed) Senator Julie Miville-Dechêne’s second attempt at a private member’s bill on the topic. It is predicated on the notion that it’s easier to verify age automatically than it used to be: “Online age-verification and age-estimation technology is increasingly sophisticated and can now effectively ascertain the age of users without breaching their privacy rights”, the bill’s preamble avers.
It is absolute rubbish, to the extent that even the Liberals under former prime minister Justin Trudeau seemed to realize it the first time it was tried. We can only hope Mark Carney’s Liberals are of similar mind. Early signs are not positive. The reappointment of Steven Guilbeault as heritage minister (now called Canadian identity and culture minister, for some reason) doesn’t bode well. He seems genuinely to dislike the online world on principle.
Or, maybe it does bode well. Guilbeault did a singularly terrible job trying to sell the Liberals’ anti-internet agenda in English Canada. I’m not sure he could give away ice cream in a Calgary heatwave. So if you think laws targeting “online harms” are doomed to fail at best — and could lead to dystopian outcomes — then maybe Guilbeault is exactly the fellow you want in charge.
When it came to online porn, the Trudeau Liberals seemed to have some sense of the Sisyphean proposition before them. Miville-Dechêne’s first attempt at a bill received support from MPs of all parties in the House of Commons last year, but the Liberal leadership cited privacy concerns in refusing to get behind it.
In large part that might just have been because Conservative Leader Pierre Poilievre supported the idea and, to Liberals, anything Poilievre supports must obviously be a serious threat to humanity’s survival. But still, Trudeau was pretty unequivocal in rejecting the idea.
June 3, 2025
May 31, 2025
“U.S. libertarians [are] the best friends Canada doesn’t know it has”
In the National Post, Colby Cosh sings the praises of American libertarians for their work in trying to dismantle some of Donald Trump’s dubiously Constitutional extensions of presidential power:

The James L. Watson Court of International Trade Building at 1 Federal Plaza in Lower Manhattan, New York City.
Photo by Americasroof via Wikimedia Commons.
The U.S. Court of International Trade (CIT) issued a decision Wednesday that annuls various salvos of surprise economic tariffs, including ones on Canada, that have been enacted by President Donald Trump since his inauguration in January. I won’t lie to you: I had the same initial reaction to this consequential news that you probably did, which was “Hooray!” and then “Huh, there’s a U.S. Court of International Trade?”
This court is surely unfamiliar even to most Americans, no doubt because much of its work involves settling issues like “Do hockey pants count as ‘garments’ or ‘sports equipment’ under customs law?” Nevertheless, the CIT does have exclusive jurisdiction over civil actions involving U.S. trade law. It’s just that no president has ever before rewritten the tariff schedule of the republic in the half-mad fashion of a child taking crayons to a fresh-painted wall.
The American Constitution, from day one, has unambiguously assigned the right to set international tariffs to Congress. Congress is allowed to delegate its powers to the president and his agents for limited or temporary purposes, but it can’t abandon those powers to him altogether. Defining this legal frontier is what the CIT was asked to do, and their demarcation of it will now swim upward through higher appellate courts (its decision has been put on hold in the meantime).
The lawsuit was actually two parallel suits raising overlapping objections to the tariffs. One was brought forward by 12 U.S. states, and the other was filed by a group of tariff-exposed American businesses, including manufacturers of bikes, electronics kits and fishing equipment. The latter set of plaintiffs was roped together by the usual posse of heroic libertarians and legal originalists, including George Mason University law prof Ilya Somin.
About 24 hours after Trump originally announced the “Liberation Day” worldwide tariffs, Somin quickly blogged about how insanely unconstitutional the whole idea was, and concluded his article essentially by saying “I’m darn well gonna do something about this nonsense”. I don’t mean to suggest he deserves primary credit; I only intend to call attention, once again, to U.S. libertarians being the best friends Canada doesn’t know it has.
May 30, 2025
Senate to once again try to pass internet age verification and website blocking
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:
- 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.
- The organization can make the case that there is “legitimate purpose related to science, medicine, education or the arts”.
- 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
May 16, 2025
Those scary “Brexity books”
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:
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 2024A 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 MiniTruePost-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
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
March 20, 2025
US Supreme Court to hear case that might overturn the Kelo decision
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
February 28, 2025
QotD: A jaundiced view of the feminist movement
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.
















