Quotulatiousness

April 27, 2014

The state of the US judicial system

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

In a column about Mark Steyn’s legal battles with Michael Mann, Conrad Black takes time out to revisit the overall state of the US court system:

… American justice is in a shocking condition. Too many judges in the U.S. are elected; too many are ex-prosecutors; the battle over capital punishment has taken all the air out of the room in which the infamous severity of American sentences and the unspeakable lopsidedness of prosecutorial success should be debated. This is a country that inspired the world with a vision of freedom and democracy (though Great Britain, Switzerland, much of the Netherlands, and Scandinavia were just as democratic at the time of the American Revolution). Yet the entire legal apparatus has sat like a gigantic suet pudding and the Supreme Court, in between its four-month vacations, has drunk the Kool-Aid of its own bathwater. The Fifth, Sixth, and Eighth Amendment guaranties of due process, just compensation for seizure of property, grand jury deliberations as assurance against capricious prosecution, prompt justice, access to counsel (of choice), impartial jury, and reasonable bail have been put to the shredder. The United States has six to twelve times the number of incarcerated people per capita as Australia, Canada, France, Germany, Japan, and the United Kingdom, the nearest comparable countries. Even after removing from the totals all those with unstigmatizing records irrelevant to their hireability today (DUI or disorderly conduct decades ago, for example), about 15 percent of adult males are felons.

Prosecutors win 99.5 percent of their cases, 97 percent of them without trial, because of the plea bargain system, which has often been reduced to a sleazy extortion or subornation of confected and rehearsed inculpatory testimony in exchange for immunities, including from the perjury sponsored and approved by the prosecutors. This is far from what was intended by the authors of the Bill of Rights and the original propagators of the tenuous theory that American independence was a new order of the ages and the dawn of government of, by, and for the people, vested with inalienable rights, according to self-evident truths.

Beyond all that, the American legal profession is a suffocating cartel that saps 10 percent of American GDP and through its members in legislatures and regulatory authorities adds 4,000 statutes and regulations a year to the law books, steadily tightening its strangulation of American life, all and always in the name of a society of laws and the ever more equitable refinement of civilization. It would have been impossible and unreasonable to anticipate that so perceptive and spontaneous and fearless an observer as Steyn would not steadily broaden his range of fire, as he has. At one point Steyn began filing motions on his own behalf—the best written court documents you may ever read—that drip with disdain for the judicial process. He quotes Lady MacBeth and describes various pieces of the case using phrases such as “multi-car pileup,” “zombie-like,” “Potemkin hearing” and “meretricious folderol.” It would have been equally unreasonable not to foresee that the authorities upon whom his withering fire descended would not resent this deserved if unaccustomed hostility, and whatever one may think of Mann, he cannot be faulted tactically for trying to tuck himself under the wing of an affronted legal establishment. That does not justify Mann’s infliction of the hockey stick upon the world (like the great Montreal Canadiens point-man Bernard “Boom Boom” Geoffrion lowering — with considerable but probably not sufficient provocation — the real article onto the cranium of a New York Ranger forward sixty years ago) any more than it whitewashes Mann’s own insults. He has dismissed the immensely respected Danish scientist and intellectual Bjorn Lomborg as “a career fossil fuel industry apologist”; Judith Curry, co-editor of the Encyclopedia of Atmospheric Sciences and an honored member of the National Research Council’s climate research committee, as a “serial climate disinformer”; Australian journalist Andrew Bolt as a “villainous” threat to the planet who is paid by Rupert Murdoch “to lie to the public” (Mann apologized for this one after Bolt—in solidarity with Steyn—threatened a lawsuit); and the rest of us as mere “climate change deniers.”

April 26, 2014

University “safe space” policies require censorship and intellectual repression

Filed under: Bureaucracy, Liberty, Politics — Tags: , , — Nicholas @ 10:31

Poor university students these days … they’re uniquely vulnerable and unable to handle the threat of an uncensored discussion of issues. Universities are actively pushing policies to restrict and filter any messages that might reach their students that fails to follow all the current orthodoxies:

It appears then that today’s students are too vulnerable to be exposed to any robust and challenging discussion. This grows out of a culture that has promoted the idea that every individual is emotionally vulnerable and cannot cope with a growing range of encounters and experiences. It is now believed that we live in a world of unmitigated risks and problems, only waiting around the corner to trip you up again, and our ability to deal with everyday problems seems to have diminished. According to sociologist Frank Furedi, vulnerability has become conceptualised a central component of the human condition and “contemporary culture unwittingly encourages people to feel traumatised and depressed by experiences hitherto regarded as routine”, from unwanted cat-calling to the discussion of dangerous ideas.

It’s a far cry from the tradition out of which the theory of liberal education and the modern university was born. The period of the Enlightenment was led by the rallying call of Immanuel Kant – ‘Sapere aude!’ – dare to know and dare to use your own understanding in the creation and formation of your own opinions. However, this is the reverse of what we are seeing today as debate is closed down and speech is censored on campus all in the name of safety.

If we are to recapture the campus, lead the progress of human knowledge, and create an active and engaged citizenry towards progressive social change, it’s free speech and expression we must engage in.

April 24, 2014

Reason.tv – Is Democracy Overrated? Q&A with Columnist David Harsanyi

Filed under: Books, Liberty, Politics, USA — Tags: , — Nicholas @ 08:51

Published on 22 Apr 2014

“I think the Founders weren’t wary enough of democracy,” says David Harsanyi, senior editor at The Federalist and a nationally syndicated columnist. “I think there are bigger problems with it.”

Harsanyi sat down with Reason TV‘s Nick Gillespie to discuss his new book, The People Have Spoken and They Are Wrong: The Case Against Democracy, why we put too much weight on voting, and why praising democracy is just celebrating mob rule.

“Democracy’s just a process that reflects the morals and ethics of the people who vote,” he said. “It doesn’t guarantee you freedom — just check out the Gaza Strip or Egypt or anywhere else.”

April 19, 2014

Orwell and equality

Filed under: Books, Britain, History, Liberty, Media — Tags: , , , — Nicholas @ 11:28

Bruno Waterfield reviews a recent “intellectual biography” by Robert Colls, George Orwell: English Rebel:

Orwell, or rather Blair, was of the British upper class, but he could clearly see that human equality was a fact. It transcended class and nationality, and was palpable even in the briefest of encounters between people. It was the ‘crystal spirit’ that had bought a young Italian, and Orwell, to fight for democracy in Spain, just as it was the same human quality that made life in a slum unbearable. Equality for Orwell was not a merely a measure or a statistic; it was a quality that all living humans have, a resistance to fate even at its most blind.

These two encounters also reveal a man with a deep belief in the character and qualities of living humans, something that Robert Colls understands in his excellent ‘intellectual biography’ of Orwell. No book about Orwell can be perfect; the man was too contradictory, too contrarian and too bloody minded to be an easy study. But Colls (with some limitations) really gets it. Orwell refused ideology in a century defined by it, and that was his strength and brilliance. Setting out his stall, Colls, a professor of Cultural History at De Montfort University, puts his finger on why Orwell despised ideology as a ‘form of abstract knowledge which, in order to support a particular tendency or regime, has to distort the world and usually does so by drawing off, or separating out, ideas from experience. Ideology, in Orwell’s eyes, could never afford to get too close to the lives of the people. The more abstract the idea and the language that that expressed it, the more ideological the work and vice versa’, he writes at the book’s beginning.

‘[Orwell] knew that if he was saying something so abstract that it could not be understood or falsified, then he was not saying anything that mattered’, Colls continues. ‘He staked his reputation on being true to the world as it was, and his great fear of intellectuals stemmed from what he saw as their propensity for abstraction and deracination – abstraction in their thinking and deracination in their lives. Orwell’s politics, therefore, were no more and no less than intense encounters turned into writings he hoped would be truthful and important. Like Gramsci, he believed that telling the truth was a revolutionary act. But without the encounters he had no politics and without the politics he felt he had nothing to say.’

Orwell was on a collision course with the intelligentsia to which he, as a rebel and a modernist radical, instinctively belonged, but which, due to its embrace of social engineering, the state and Stalinism, he was starting to oppose. His dissidence appears early in The Road to Wigan Pier where, as Colls wisely remarks, ‘Socialism emerges not as the solution but the problem, and the unemployed and exploited emerge not as a problem but the solution’. Colls paraphrases Orwell: ‘The battle of the classes… will not be won in the abstract, or in some future state, but in the present, in how people actually are and what they actually think of each other.’ Orwell despised the ‘Europeanised’ intellectual British Left because they had become wilfully displaced and removed, uprooted from the lived life of their country. Even worse, the deracinated intellectuals, divorced from the majority, wanted to refashion the people in their image. In the world of Beatrice and Sidney Webb and Fabian socialism, gaining political power also meant using the state to engineer the people, through eugenics and public health.

[…]

Orwell returned to Britain in time for the beginning of the Second World War. Apart from taking up the cudgels on behalf of the truth in Spain, without which the historical record would have been badly damaged by the falsifiers, he was not immune to much of the confusion that plagued the left in the run up to hostilities. Should socialists refuse to take sides in a conflict between imperialist powers? Should socialists sabotage the war efforts and oppose rearmament in the face of the threat from Nazi Germany? George Orwell was as confused as anyone else and his writings of 1939 and early 1940 are full of the turmoil and contradictions of the day.

But then in 1940, Orwell took another one of his leaps away from the lines and orthodoxies of leftish ideology which had led many intellectuals into pacifism or the defeatism of toeing the Stalinist line on the Soviet Union’s 1939 pact with the Nazis. In a way, Orwell’s experiences in Wigan and Barcelona, prepared the ground. In the Second World War, he would side with the British people, and an imperfect British state, because Britain’s political and wider culture reflected a way of living better than the fascism or Stalinist communism preferred by many of the intelligentsia. He reserved and exercised his right to criticise British imperialism, which he continued to attack throughout the war and his life. Again, his instincts were right or, at the very least, less wrong than most on the left. Instead of abstract ideology, distorted and twisted to suit either a Marxism that was synonymous with Stalinist tyranny, or the elitist social engineering of the Fabians, Orwell advocated a patriotic defence of a way of life that could not be trusted to intellectuals or, by implication, the state.

April 17, 2014

Online illegal drug sales persist because they’re safer than other channels

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 07:34

At the Adam Smith Institute blog, Daniel Pryor discusses the reasons for “Silk Road” continuing despite police crackdowns:

Growing up in Essex has made me appreciate why purchasing illegal drugs online is a far more attractive option. I have experienced the catastrophic effects of drug prohibition first-hand, and it is part of the reason that the issue means a great deal to me. Friends and acquaintances have had terrible experiences due to contamination from unscrupulous dealers with little incentive to raise their drugs’ quality, and every reason to lace their products with harmful additives. The violence associated with buying and selling drugs in person has affected the lives of people close to me.

As a current university student, I now live in an environment populated by many people who use Silk Road regularly, and for a variety of purchases. From prescription-only ‘study drugs’ like modafinil to recreational marijuana and cocaine, fellow students’ experiences with drugs ordered from Silk Road have reinforced my beliefs in the benefits of legalisation. They have no need to worry about aggressive dealers and are more likely to receive safer drugs: meaning chances of an overdose and other health risks are substantially reduced.

Their motivations for using Silk Road rather than street dealers correlate with the Global Drug Survey’s findings. Over 60% of participants cited the quality of Silk Road’s drugs as being a reason for ordering, whilst a significant proportion also used the site as a way to avoid the potential violence of purchasing from the street. Given that payments are made in the highly volatile Bitcoin, it was also surprising to learn that lower prices were a motivation for more than a third of respondents.

Nevada standoff and the rule of law

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:25

I haven’t been following the situation in Nevada between the armed forces of the Bureau of Land Management and the armed citizenry in support of rancher Cliven Bundy, but while my sympathies normally go toward the individual rather than the state, this case doesn’t appear to be clear-cut (and Bundy is clearly in violation of the law to some degree). Kevin Williamson seems to be in the same general state of mind:

Deserts always feel like my natural habitat, and I am very fond of them. That being said, I have, for my sins, spent a fair amount of time in Clark County, Nev., and it is not the loveliest stretch of desert in these United States, or even in the top twelve. Protecting the pristine beauty of the sun-baked and dust-caked outskirts of Las Vegas and its charismatic fauna from grazing cattle — which the Bureau of Land Management seems to regard as an Old Testament plague — seems to me to be something less than a critical national priority. At the same time, the federal government’s fundamental responsibility, which is defending the physical security of the country, is handled with remarkable nonchalance: Millions upon millions upon millions of people have crossed our borders illegally and continue to reside within them. Cliven Bundy’s cattle are treated as trespassers, and federal agents have been dispatched to rectify that trespass; at the same time, millions of illegal aliens present within our borders are treated as an inevitability that must be accommodated. In practice, our national borders are a joke, but the borders of that arid haven upon which ambles the merry Mojave desert tortoise are sacrosanct.

[…]

The relevant facts are these: 1) Very powerful political interests in Washington insist upon the scrupulous enforcement of environmental laws, and if that diminishes the interests of private property owners, so much the better, in their view. 2) Very powerful political interests in Washington do not wish to see the scrupulous enforcement of immigration laws, and if that undercuts the bottom end of the labor market or boosts Democrats’ long-term chances in Texas, so much the better, in their view.

This isn’t the rule of law. This is the rule of narrow, parochial, self-interested political factions masquerading as the rule of law.

If we are to have the rule of law, then, by all means, let’s have the rule of law: Shut down those federal subsidies and IRS penalties in states that did not create their own exchanges under the Affordable Care Act — the law plainly does not empower the federal government to treat federal exchanges identically to state exchanges. And let’s enforce the ACA’s deadlines with the same scrupulosity with which the IRS enforces its deadlines. Let’s see Lois Lerner and a few hundred IRS employees thrown in the hole for their misappropriation of federal resources, lying to Congress, etc. — and let’s at least look into prosecuting some elected Democrats for suborning those actions. And if you want to get to the real problem with illegal immigration, let’s frog-march a few CEOs, restaurateurs, and small-time contractors off to prison for violating our immigration laws — and they can carry a GM product-safety manager and a National Highway Traffic Safety Administration executive under each arm. Let’s talk about enumerated powers.

H/T to Jon, my former virtual landlord, for the link.

April 15, 2014

Militarization of the police, pervasive surveillance, incarceration rates, and other police state trappings

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas @ 10:24

An email from Rupert included a link to this infographic illustrating the “progress” of the United States toward a police state:

Click image to see full infographic

Click image to see full infographic

It’s easy to poke fun at people who worry about the ever-growing state involvement in everyday life … well, it used to be fun until the NSA’s incredible list of surveillance programs became known. Now, paranoia is the rational state for anyone concerned with their privacy and freedom of speech. We had Godwin’s Law, which provided a useful rule of thumb for when internet arguments had passed the point of no return. This is a rare example of an argument that meets the condition of Godwin’s Law (in the infographic), yet still remains relevant.

April 14, 2014

In defence of limited corporate liability

Filed under: Business, Law, Liberty, USA — Tags: , , — Nicholas @ 10:47

The RSS feed that used to track Megan McArdle’s posts at Bloomberg View has been on the fritz for a couple of weeks, so I missed this article when it was posted earlier this month:

The argument for unlimited liability isn’t just a libertarian evergreen; it’s also something you occasionally hear from the far left, because it would basically make the corporate form untenable. Imagine, if you would, that by buying and holding the share of a firm for 10 minutes, you thereby subjected yourself to seizure of all your goods to satisfy potential lawsuit judgments — even if those judgments involved behavior that involved no legal liability at the time of the acts.

Not possible? That’s basically what happened with asbestos liability. Firms that had had no legal liability under the doctrines of the times in which the asbestos was sold or used suddenly found themselves driven into bankruptcy by massive settlements. Moreover, after the first wave of lawsuits exhausted the funds available to pay asbestos claims, plaintiffs’ lawyers started pushing to expand the number of pockets that could be dipped into.

A company that had never manufactured asbestos could be sued and have to spend hundreds of millions of dollars on lawsuits and settlements because it had once bought a company with an insulation division that had formerly manufactured asbestos — even though it had immediately sold off that division in the process of completing the merger. Insurers could be forced to pay out for the whole of a company’s liability if they had sold a company insurance for even a year between the time a company started making or using asbestos and the time that the plaintiff discovered the harm. And “harm” wasn’t limited to getting sick; you could sue for the emotional distress of worrying that you might get sick.

Kind of hard to imagine becoming a shareholder under those circumstances, isn’t it? Maybe you’d better put your money in the bank — a small, privately held bank, of course. Commerce would look something like it did in medieval Italy, where all economic activity was basically organized by the family or the partnership.

Growth would have to be financed by debt or by retained earnings. That’s how British firms financed expansion in the early days of the Industrial Revolution. It’s how small businesses tend to finance expansion now.

The traditional libertarian answer is “insurance”, but that’s a non-starter as well.

To which I answer: What insurance company?

Insurers are also corporations, and their owners get the same valuable shield from liability that everyone else gets from the corporate form. They may have shareholders, or they may be mutually held by their policy holders, but either way, someone is getting protection from lawsuit by the same laws that protect General Motors Co. This sort of liability shield is vital for any large aggregation of capital requiring lots of contributors — which is basically the definition of an insurance company.

April 11, 2014

Virginia bans campus “free speech zones”

Filed under: Bureaucracy, Education, Liberty, USA — Tags: , , , — Nicholas @ 08:51

The way the fight for free speech has been going, you might be forgiven for reading that headline as “Virginia bans free speech”, but fortunately it’s actually a significant improvement in the right of university students to speak freely:

On Friday, Virginia Governor Terry McAuliffe signed a bill into law effectively designating outdoor areas on the Commonwealth’s public college campuses as public forums, where student speech is subject only to reasonable, content- and viewpoint-neutral time, place, and manner restrictions. Under this new law, college students at Virginia’s public universities will not be limited to expressing themselves in tiny “free speech zones” or subject to unreasonable registration requirements.

HB 258, championed by its lead patron Delegate Scott Lingamfelter, passed both houses of the Virginia General Assembly unanimously. The Foundation for Individual Rights in Education (FIRE) urged the passage of the bill and testified on behalf of the legislation in hearings in both legislative houses.

“FIRE thanks Governor McAuliffe, Delegate Lingamfelter, and all of Virginia’s delegates and senators for coming together and supporting this legislation,” said FIRE Legislative and Policy Director Joe Cohn. “One in six public colleges in the United States unjustly restricts student speech with free speech zones. Thanks to this new law, public institutions in Virginia will no longer be among them.”

Restricting student speech to tiny “free speech zones” diminishes the quality of debate and discussion on campus by preventing expression from reaching its target audience. Often, institutions that maintain these restrictive policies also employ burdensome permitting schemes that require students to obtain administrative permission days or even weeks before being allowed to speak their minds. Even worse, many of these policies grant campus administrators unfettered discretion to deny applications based on the viewpoint or content of the speakers’ intended message.

April 8, 2014

Ten un-answerable questions for libertarians

Filed under: Humour, Liberty — Tags: , — Nicholas @ 11:58

Uh-oh, Bleeding Heart Libertarians has spilled the beans:

10 Questions Libertarians Can’t Answer, and Hope You Won’t Ask!

Libertarianism philosophy is like a cockroach that scurries away once you shine the light of reason on it. Here are 10 hard questions libertarians can’t answer.

1. Which Koch brother has more authority over you? […]
2. Which corporation should rule the world? […]
3. When oppressing the poor, is it better to use kicks or punches? Or should you hire other poor people to beat up poor people for you? […]
4. If you’re so smart, how come not everyone’s a libertarian? […]
5. Wasn’t America libertarian in 1850? Or at least 1870? And isn’t American 2014 clearly better than American in 1850 or 1870? […]
6. How could a libertarian society produce new generations? […]
7. If Murray Rothbard was such a badass anarchist, why did he work for a state university? […]
8. Come to think of it, how can libertarianism ever get going without stealing from the government? […]
9. Which political leaders will you put on your currency? […]
10. If capitalism is so awesome, why is anyone still poor? […]

H/T to Julian Sanchez who offers this trigger warning:

Choosing when to die

Filed under: Europe, Health, Liberty — Tags: , , — Nicholas @ 06:52

Colby Cosh discusses the latest Swiss innovation to come to the tabloid newspapers’ attention:

Five or six times I must have read the story about the relatively healthy little old English lady who killed herself rather than struggle on through the “digital age”, and I still cannot quite think what to make of it. Surely there is something noble about leaving life on what are as nearly as possible one’s own terms, with some strength left, after a full, long, largely happy existence.

Unlike a lot of self-described “environmentalists”, she clearly believed the Malthusian script and took the recommended action: “The environmentalist was also worried about the damage being wrought on the planet by overcrowding and pollution.” If she was that worried about poor old Mother Earth, one might wonder why she took so long to take her leave of it.

I suppose Dignitas does its best to make sure oldies aren’t being urged to suicide by impatient heirs, but surely there is only so much the staff can do, and it is in their interest to do as little as possible. It is certainly easy to imagine ethically dubious ways of encouraging the irritability of a cranky, inconvenient old person. Oo, hardly worth the trouble of gettin’ out of bed in the morning, is it, gran? Oh, dear, are your lungs givin’ you a hard time again? Tsk, must make you want to chuck it all in sometimes. If you are a person of British descent, you take in a certain amount of this glum, boggy attitude with every meal anyway. It comes naturally.

And there is my only real concern about institutionalizing the right to die … that it will encourage a certain haste: not among the elderly or afflicted, but among their caregivers, descendents, and prospective legatees. I think you should have the right to decide when to die, but it is a situation that offers the unscrupulous and unprincipled a quicker route to impose their desires on others.

But who is ready to have the government issue packets of Nembutal every five years with Canada Pension Plan cheques? Whatever solution we decide on for the convenience of the legitimately ailing or hopeless, I want the doctors — who, after all, belong to a profession that cannot seem to stop prescribing useless antibiotics for upper respiratory infections — to have as little to do with it as possible. Physicians are not saints, and they will follow the “easier for me” heuristic, like other primates, if non-negotiable aspects of their duty are thrown open to fiddling. “Do no harm” has been at the top of the list for 2,400 years, and, please, keep in mind, it took them 2,200 of those to give up therapeutic bloodletting.

Exactly.

QotD: Making certain arguments “beyond the pale”

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

The right to free speech may begin and end with the First Amendment, but there is a vast middle where our freedom of speech is protected by us — by our capacity to listen and accept that people disagree, often strongly, that there are fools, some of them columnists and elected officials and, yes, even reality-show patriarchs, that there are people who believe stupid, irrational, hateful things about other people and it’s okay to let those words in our ears sometimes without rolling out the guillotines.

[…]

The trouble, I think, is when ostracizing a viewpoint as “beyond the pale” becomes not an end but a means to an end; that by declaring something unsayable, we make it so. It makes me uncomfortable, even as I see the value of it. I for one would love homophobia to fully make it on that list, to get to the point where being against gay marriage is as vulgar and shameful as being against interracial marriage. But it isn’t. Maybe it will be. But it isn’t. And kicking a reality-show star off his reality show doesn’t make that less true. Win the argument; don’t declare the argument too offensive to be won. And that’s true whether it’s GLAAD making demands of A&E or the head of the Republican National Committee making demands of MSNBC.

The bottom line is, you don’t beat an idea by beating a person. You beat an idea by beating an idea. Not only is it counter-productive — nobody likes the kid who complains to the teacher even when the kid is right — it replaces a competition of arguments with a competition to delegitimize arguments. And what’s left is the pressure to sand down the corners of your speech while looking for the rough edges in the speech of your adversaries. Everyone is offended. Everyone is offensive. Nothing is close to the line because close to the line is over the line because over the line is better for clicks and retweets and fundraising and ad revenue.

Jon Lovett, “The Culture of Shut Up: Too many debates about important issues degenerate into manufactured and misplaced outrage — and it’s chilling free speech”, The Atlantic, 2014-04-07

April 7, 2014

The Non-Libertarian Police Department

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 08:37

I linked to Tom O’Donnell’s “Libertarian Police Department” article last week. This week, Conor Friedersdorf presents the Non-Libertarian Police Department. The difference is that O’Donnell’s department doesn’t exist, while Friedersdorf is describing far too many actual police departments:

I can laugh along with parodies of libertarian ideology. But shouldn’t a reductio ad absurdum start with a belief that the target of the satire actually holds? Tom O’Donnell proceeds as if libertarians object to the state enforcing property rights – that is to say, one of the very few state actions that virtually all libertarians find legitimate! If America’s sheriffs were all summarily replaced by Libertarian Party officials selected at random, I’m sure some ridiculous things would happen. Just not any of the particular things that were described. That isn’t to say that there weren’t parts of the article that made me laugh. It got me thinking too. If the non-libertarian approach to policing* was the target instead, would you need hyperbole or reductio ad absurdum? Or could you just write down what actually happens under the officials elected by non-libertarians? It is, of course, hard to make it funny when all the horrific examples are true:

I was just finishing up my shift by having sex with a prostitute when I got a call about an opportunity for overtime. A no-knock raid was going down across town.

“You’re trying to have your salary spike this year to game the pension system, right?” my buddy told me. “Well, we’re raiding a house where an informant says there’s marijuana, and it’s going to be awesome – we’ve got a $283,000 military grade armored SWAT truck and the kind of flash grenades that literally scared that one guy to death.”

“Don’t start without me,” I told him. “I just have to stop by this pawn shop. It’s run by some friends of mine from ATF. They paid this mentally disabled teenager $150 dollars to get a neck tattoo of a giant squid smoking a joint. Those guys are hilarious.”

The post-legalization hellhole that is Denver

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 07:54

Well, we can’t say they didn’t warn us that if Denver allowed the sale of legal marijuana, it would descend into a lawless vortex of violence:

“There will be many harmful consequences,” Douglas County Sheriff David Weaver warned in a September 2012 statement. “Expect more crime, more kids using marijuana, and pot for sale everywhere.”

One California sheriff went on Denver television to warn that, as a result of marijuana in his county, “thugs put on masks, they come to your house, they kick in your door. They point guns at you and say, ‘Give me your marijuana, give me your money.'”

Three months into its legalization experiment, Denver isn’t seeing a widespread rise in crime. Violent and property crimes actually decreased slightly, and some cities are taking a second look at allowing marijuana sales.

“We had folks, kind of doomsayers, saying, ‘Oh my gosh, we’re going to have riots in the streets the day they open,'” Denver City Council President Mary Beth Susman, a supporter of legal marijuana, says. “But it was so quiet.”

[…]

Prior to legalization, opponents warned property crime would rise. Denver District Attorney Mitch Morrissey argued robbers would prey on marijuana businesses and their customers, because they’re more likely to carry cash (and, of course, the drug).

So far, city data shows no increase in property crime. Compared to the first two months of 2013, property crime in January and February actually dropped by 12.1 percent. Reports of robberies and stolen property dropped by 6.2 percent and 13 percent, respectively. Burglaries and criminal mischief to property rose by only 0.5 percent.

Denver residents don’t seem especially concerned with the issue, either. Susman recalls a recent community meeting she held with senior citizens: when she asked if the crowd wanted her to talk about marijuana, people told her they were tired of hearing about the issue.

“Based on my general understanding in my district, it is becoming ho-hum,” Susman says.


A sign is displayed outside the 3-D Denver Discrete Dispensary on January 1, 2014 in Denver, Colorado. Legalization of recreational marijuana sales in the state went into effect at 8am this morning. (Photo by Theo Stroomer/Getty Images)

April 4, 2014

Free Speech NOW!

Filed under: Liberty, Media — Tags: , , , , — Nicholas @ 07:47

Spiked - Free Speech NOW

sp!ked launches a new project:

Every man should think what he likes and say what he thinks.’ It is 350 years since Spinoza, the great Dutchman of the Enlightenment, wrote those simple but profound words. And yet every man (and woman) is still not at liberty to think what he or she likes, far less say it. It is for this reason that, today, spiked is kicking off a transatlantic liberty-loving online magazine and real-world campaign called Free Speech Now! — to put the case for unfettered freedom of thought and speech; to carry the Spinoza spirit into the modern age; to make the case anew for allowing everyone to say what he thinks, as honestly and frankly as he likes.

It is true that, unlike in Spinoza’s day, no one in the twenty-first century is dragged to ‘the scaffold’ and ‘put to death’ for saying out loud what lurks in his heart — at least not in the Western world. But right now, right here, in the apparently democratic West, people are being arrested, fined, shamed, censored, cut off, cast out of polite society, and even jailed for the supposed crime of thinking what they like and saying what they think. You might not be hanged by the neck anymore for speaking your mind, but you do risk being hung out to dry, by coppers, the courts, censorious Twittermobs and other self-elected guardians of the allegedly right way of thinking and correct way of speaking.

Ours is an age in which a pastor, in Sweden, can be sentenced to a month in jail for preaching to his own flock in his own church that homosexuality is a sin. In which British football fans can be arrested for referring to themselves as Yids. In which those who too stingingly criticise the Islamic ritual slaughter of animals can be convicted of committing a hate crime. In which Britain’s leading liberal writers and arts people can, sans shame, put their names to a letter calling for state regulation of the press, the very scourge their cultural forebears risked their heads fighting against. In which students in both Britain and America have become bizarrely ban-happy, censoring songs, newspapers and speakers that rile their minds. In which offence-taking has become the central organising principle of much of the political sphere, nurturing virtual gangs of the ostentatiously outraged who have successfully purged from public life articles, adverts and arguments that upset them — a modern-day version of what Spinoza called ‘quarrelsome mobs’, the ‘real disturbers of the peace’.

[…]

The lack of a serious, deep commitment to freedom of speech is generating new forms of intolerance. And not just religious intolerance of the blasphemous, though that undoubtedly still exists (adverts in Europe have been banned for upsetting Christians and books in Britain and America have been shelved for fear that they might offend Muslims). We also have new forms of secular intolerance, with governmental scientists calling for ‘gross intolerance’ of those who promote quackery and serious magazines proposing the imprisonment of those who ‘deny’ climate change. Just as you can’t yell fire in a crowded theatre, so you shouldn’t be free to ‘yell “balderdash” at 10,883 scientific journal articles a year, all saying the same thing’, said a hip online mag this week. In other words, thou shalt not blaspheme against the eco-gospel. Where once mankind struggled hard for the right to ridicule religious truths, now we must fight equally hard for the right to shout balderdash at climate-change theories, and any other modern orthodoxy that winds us up, makes us mad, or which we just don’t like the sound of.

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