Quotulatiousness

January 21, 2013

The civil rights movement as an insurgency

Filed under: History, Liberty, Politics, USA — Tags: , , , — Nicholas @ 11:38

Mark Grimsley explains why the 1960’s civil rights movement should properly be considered an insurgency:

Labeling that movement an insurgency flies in the face of the common perception of what constitutes an insurgency. Three objections spring to mind. One is superficial, though perhaps understandable in the post-9/11 era: Isn’t it outrageous to call the movement an insurgency? Aren’t insurgencies evil? Such a reaction fails to recognize that the term “insurgency” is value-neutral. Insurgents have also fought for noble causes. The United States itself was the product of an insurgency.

The remaining objections are more substantive. First, the movement was nonviolent, so how could it have been an insurgency? After all, even the official U.S. Department of Defense definition of insurgency assumes “armed conflict” as a basic tactic. Second, it is often thought that the civil rights movement received unstinting support from the U.S. government. Popular films such as Mississippi Burning (1988), whose protagonists are Federal Bureau of Investigation agents hell-bent on defeating the Ku Klux Klan, reinforce this interpretation. If so much pressure on segregationist governments emanated from above, then using the term “insurgency” — a challenge to the existing power structure from below — seems preposterous.

These objections, however, hinge on serious misconceptions about the nature of the civil rights movement, about the stance the federal government took toward civil rights, and above all about the scope of the “insurgency” concept. Once these are cleared away, the notion of the movement as an insurgency becomes more plausible. Ultimately, it becomes inescapable.

Typically, groups excluded from power wage wars of insurgency, and Southern blacks certainly fit that description. Before 1965, few blacks in the Deep South could even vote. Nowhere in the South were they able to influence legislation and law enforcement through the normal political process. The civil rights movement attempted to gain access to political power by coercion. Had it been done with guns, no one would hesitate to think of it as an insurgency.

January 20, 2013

Pennsylvania quashes latest terror threat

Filed under: Bureaucracy, Education, Liberty, USA — Tags: , , , — Nicholas @ 11:59

This story is not taken from the pages of The Onion:

The incident occurred Jan. 10 while the girl was waiting in line for a school bus, said Robin Ficker, the Maryland lawyer retained by the girl’s family. He would not identify the girl or her parents, but gave this version of events:

Talking with a friend, the girl said something to the effect “I’m going to shoot you and I will shoot myself” in reference to the device that shoots out bubbles. The girl did not have the bubble gun with her and has never shot a real gun in her life, Ficker said.

Elementary school officials learned of the conversation and questioned the girls the next day, Fickler said. He said the girl did not have a parent present during the 30 minutes of questioning.

The result, he said, was that the student was labeled a “terrorist threat” and suspended for 10 days, Ficker said. The school also required her to be evaluated by a psychologist, Ficker said.

This designated terrorist is five.

H/T to Dan Mitchell for the link.

We also need to protect our kids from being exposed to bureaucrats who are jaw-droppingly stupid.

Actually, WordPress is telling me that “droppingly” isn’t a word. So maybe instead we should take Instapundit’s advice and reward these idiot officials with some tar and feathers.

And I hope the tattle-tale punk from the bus stop who ratted out the little girls is condemned to some sort of grade-school purgatory featuring never-ending wedgies.

On a more serious note, I hope the parents sue the you-know-what out of the school.

January 10, 2013

Colby Cosh on the rules of hunger striking

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

A useful guide to those who have a legitimate grievance that can’t be addressed in any other way:

Congratulations! If you are thinking of conducting a hunger strike to advance some very important cause, this guide is for you. Think of it as a sort of Anarchist’s Cookbook for those who intend to stop eating for political purposes. The hunger strike is very nearly the greatest weapon of protest available to the truly powerless. In its potential for non-violently multiplying the revolutionary leverage of a single dedicated person, it is perhaps exceeded only by the act of setting oneself on fire in the public square — a tactic which, it must be admitted, does have a slightly better record of influencing the course of history.

The formal hunger strike is made prestigious by its association with Mohandas K. Gandhi, who (probably uniquely) applied it several times with devastating effect in various contexts. Because hunger strikes have often failed, however, it is worth considering the reasons Gandhi was able to make it work — implicit conditions you should, before you proceed, make sure of your ability to satisfy.

[. . .]

Many of these rules or conditions can be summed up by simply observing that people will not want to believe that you, as a hunger striker, fully intend to die a slow death for your beliefs: the whole point of the exercise is to create a vivid, heartbreaking tableau that is unbearable to contemplate. The corollary is that they will tell themselves anything — that you are crazy; that you are a fanatic; that you are engaged in a ploy for immortality and fame; that you are secretly eating — rather than believe the terrible proposition you are putting forward to them. You had better be in possession of the truth. If not, you should throw down this guide and never return to it.

January 7, 2013

“[N]o person in Canada stands above or outside of the law”

Filed under: Cancon, Law, Liberty, Media, Railways — Tags: , , , , — Nicholas @ 15:09

Christie Blatchford on the inability of Canadian police to shut down protests by First Nations groups that violated the law:

Saying “I do not get it,” an Ontario Superior Court judge Monday bemoaned the passivity of Ontario police forces on illegal native barricades and issued a lament for the state of law-and-order in the nation.

“…no person in Canada stands above or outside of the law,” Judge David Brown said in a decision that was alternately bewildered and plaintive.

“Although that principle of the rule of law is simple, at the same time it is fragile. Without Canadians sharing a public expectation of obeying the law, the rule of law will shatter.”

Judge Brown was formally giving his reasons for having granted CN Rail an emergency injunction last Saturday night, when the railway rushed to court when Idle No More protesters blocked the Wymans Road crossing on the main line between Toronto and Montreal.

January 5, 2013

Bryan Caplan’s “Libertarian Purity Test”

Filed under: Government, Liberty, Politics — Tags: — Nicholas @ 12:56

I’m nowhere near as doctrinaire a libertarian as I used to be: I scored only 79 (out of a possible 160) on this test. It’s clearly my minarchist tendencies that kept me in the bottom half of the scoring (I prefer the “nightwatchman” state with police, courts, and military still being valid activities for the government: to a true anarchist that makes me a splitter if not an actual traitor).

This is the Libertarian Purity Test, which is intended to measure how libertarian you are. It isn’t intended to be any sort of McCarthyite purging device — just a form of entertainment, hopefully thought-provoking. I like it a lot better than the more famous “World’s Shortest Political Quiz” because I haven’t stated the questions with any intent to give an upward bias to a test-taker’s score, and because it gives a clearer breakdown between hard and soft-core libertarians. Enjoy, suggest your friends try it out, and see how you compare to other test-takers…

A note on meaning: The word privatized as used throughout the survey means that a given government service is henceforth supplied by the free market and paid for by consumers. It is distinguished from sub-contracting in which the government uses tax money to hire a private firm to provide a government service.

January 4, 2013

“[W]hy Bleeding Heart Libertarians have their work cut out for them”

Filed under: Liberty, Media — Tags: , , , — Nicholas @ 14:02

Bryan Caplan thinks he can explain why there is a gender gap among libertarians (along with a few other gender gaps):

My study of personality psychology makes me one of the doubters. On the popular Myers-Briggs personality test, there is a huge Thinking-Feeling gap between men and women. For men, the breakdown is roughly 60% Thinking, 40% Feeling. For women, the breakdown is roughly 30% Thinking, 70% Feeling.

This Thinking/Feeling disparity explains a lot about gender gaps in college major and occupation. There’s every reason to think that this disparity can help explain gender gaps in political and social views.

To make a long story short: Thinking people tend to have “hard heads” and “hard hearts,” while Feeling people have “soft heads” and “soft hearts.” Unsurprisingly, then, Feeling people tend to hold more anti-market views. I’ve similarly found strong evidence that males “think more like economists.” This gender belief gap increases with education, consistent with a simple model where male and female students gradually learn more about whatever their personalities incline them to study.

The whole premise “Bleeding Heart Libertarianism,” of course, is that we should unbundle the hardness of our heads and the hardness of our hearts. Logically speaking, we can combine hard heads and soft hearts. Empirically, though, this combination is rare. And that’s why Bleeding Heart Libertarians have their work cut out for them. If you’re trying to sell libertarianism to Feeling people, “hard head, soft heart” ideas are more persuasive than “hard head, hard heart” ideas. But the libertarian remains at an inherent disadvantage against intellectual rivals pedaling “soft head, soft heart” ideas.

December 26, 2012

QotD: Those who have given up liberty for “security”

Filed under: Government, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 11:13

Furthermore, do we really want to live in a world of police checkpoints, surveillance cameras, metal detectors, X-ray scanners, and warrantless physical searches? We see this culture in our airports: witness the shabby spectacle of once proud, happy Americans shuffling through long lines while uniformed TSA agents bark orders. This is the world of government provided “security,” a world far too many Americans now seem to accept or even endorse. School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America.

Do we really believe government can provide total security? Do we want to involuntarily commit every disaffected, disturbed, or alienated person who fantasizes about violence? Or can we accept that liberty is more important than the illusion of state-provided security? Government cannot create a world without risks, nor would we really wish to live in such a fictional place. Only a totalitarian society would even claim absolute safety as a worthy ideal, because it would require total state control over its citizens’ lives. We shouldn’t settle for substituting one type of violence for another. Government role is to protect liberty, not to pursue unobtainable safety.

Our freedoms as Americans preceded gun control laws, the TSA, or the Department of Homeland Security. Freedom is defined by the ability of citizens to live without government interference, not by safety. It is easy to clamor for government security when terrible things happen; but liberty is given true meaning when we support it without exception, and we will be safer for it.

Ron Paul, “Seeking Total Security Leads to a Totalitarian Society”, Eurasia Review, 2012-12-26

December 19, 2012

Clever wording can’t take away an enumerated constitutional right

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 13:54

Megan McArdle on the pious hopes of those who hope to bring in draconian gun control regulation by abstruse and intricate verbal gymnastics:

Others are suggesting a de-facto ban, accomplished either through a huge tax, or a ban on ammunition. Oh, I’ve also seen calls to limit the amount of ammunition people can buy, but I don’t think those people have thought this through. For starters, the number of bullets used by a typical rampage shooter is about what a target shooter or hunter might go through in an afternoon or two of range practice. And most gun homicides are not rampage shootings; they have one or two victims, and a correspondingly small number of cartridges expended. Moreover, even a very strict per-purchase limit would permit people to accumulate ammunition over time.

No, the people who want to tax guns at 17,000%, or ban ammunition, or make cartridges cost $2,000 apiece, are the only ones hinting at something that might make a real dent in America’s unusually high rate of gun homicide. Except for one thing: you can’t do an end-run around an enumerated right with some sort of semantic game. Chief Justice John Roberts is not Rumplestiltskin; he is not bound by the universe to disappear if you can only find the correct secret word.

You cannot accomplish back-door censorship by taxing at 100% all profits of any news corporation named after a “carnivorous mammal of the dog family with a pointed muzzle and bushy tail, proverbial for its cunning.” You cannot curtail the right to protest by requiring instant background checks and a 90-day waiting period on anyone who wants to assemble with 500 of their friends in a public area. Nor can you restrict the supply of ink used to print Korans. If you pass a law like that, the Supreme Court will say “nice try, guys” and void all the painstakingly constructed verbal origami that was supposed to make civil liberties infringement look like an innocent exercise of the taxing power.

December 18, 2012

QotD: Time to look at repeal

Filed under: Law, Liberty, Media, Quotations, USA — Tags: , , , , — Nicholas @ 10:32

Is America ready to repeal the first Amendment and regulate Hollywood and the video game industry? Free speech absolutists point to their peaceful enjoyment of action-packed Blockbuster movies where protagonists of those films are often portrayed slaying hundreds of people in simulated scenes of violence.

Yet, journalists are broadcasting America’s call for an end to the tragedies through the regulation of this so-called freedom that has already killed too many. “The debate is long overdue. The mass-killing perpetrated by America’s free-speech culture is our hottest story today,” said one network reporter. “Adam or Ryan Whats-His-Name was just another face. The real problem that must be addressed is America’s sick love affair with unsanctioned ideas and unfettered access to violent imagery.”

The founding fathers could not have imagined high-capacity mass-communications networks when they wrote the Constitution. Thomas Paine was a pamphleteer, not a mass merchant of kill porn on iTunes. Indeed, in the age of quills and parchment, Thomas Jefferson could not have imagined tweeting, or using the cable news industry to launch into the superstardum of American’s celebrity culture overnight.

“I’m a free speech moderate,” said one New York Times reporter reflecting upon the recent tragedy, “I’m in the news business because of free-speech. But, I’m also here to make a difference. If, because of this overdue regulation, it becomes more difficult to speculate wildly about the identity of the shooter based on an intern’s cursory scan of social media, so be it.”

Stephen Taylor, “Time to look at repeal”, Stephen Taylor, 2012-12-17

P.J. O’Rourke on marijuana and same-sex marriage

Filed under: Humour, Law, Liberty, Religion — Tags: , , — Nicholas @ 09:37

December 13, 2012

The ITU’s latest attempt to hijack the internet

Filed under: Bureaucracy, Liberty, Media, Technology — Tags: , , , — Nicholas @ 14:09

David Gewirtz has the details:

According to The Weekly Standard, the chairman of the International Telecommunication Union (ITU) decided to try an end-run around the U.S., Europe, and most freedom-loving nations by conducting a survey of nations and putting forth a resolution that gives governments control over Internet policy, which includes everything you and I send across the pipes.

Apparently, this wasn’t a binding policy, but it’s a political gambit designed to get the UN to continue the process of trying to wrest control of the Internet from those interested in freedom to those interested in control of freedoms.

I’m a strong believer in a global Internet, but I’m starting to think countries like China and Russia and Cuba and the various regressive Middle Eastern states are more trouble than they’re worth. Maybe it’s just time we pulled the Internet plug on them*.

You can’t have a free society when you also have “official truth” enforced by law

Filed under: History, Law, Liberty, Media, WW2 — Tags: , , — Nicholas @ 10:03

At sp!ked, Angus Kennedy explains why open debate and free speech is a far better solution to holocaust denial than hate speech laws and officially sanctioned “truth”:

Firstly, I think that genocide denial has always been something of a shrill brand rather a real force in the world. It had it’s heyday in 1970s France with Robert Faurisson, a rather lame literary critic in the south of France who denied the Holocaust, and was taken apart by, among other people, the French classicist and structuralist Pierre Vidal-Naquet, who was also a left-winger. Vidal-Naquet did not call for the legal prohibition of denial; instead he argued that contempt is a much more effective weapon. Similarly, Deborah Lipstadt, the author of History on Trial: My Day In Court With David Irving (2005), rails against genocide denial but is still opposed to criminalising it, shuddering at the thought ‘that politicians might be given the power to legislate on history’. I think that is a useful point to bear in mind.

The decision of whether or not to criminalise genocide denial is, in a way, the key free speech issue, the fundamental taboo. In that sense, it’s interesting that there continue to be movements by governments to make genocide denial illegal. France will probably try to push through the genocide denial law, despite it being overturned by its constitutional court, and argue for restrictions on what the French can and cannot say.

To make it clear, I’m completely opposed to criminalisation of speech or, to be more accurate, criminalisation of an idea — because that’s what this is. This is governments saying that a certain idea — genocide denial — should be illegal. I don’t think history is a matter for judges; it’s a matter for historians. I think that the completely unrestricted and absolute right to free speech is simply the best method we’ve got for getting closer to historical truth with a capital ‘T’. We should not be criminalising ideas; we should never be pragmatic about where we extend tolerance — it is a principal to be defended at all costs.

December 12, 2012

Offensensitivity down under

Filed under: Australia, Law, Liberty — Tags: , , — Nicholas @ 10:17

Australia is exploring the notion of making it illegal to offend others (I guess it got precedence over the bill to make water run uphill…):

Have you ever called the Prime Minister ‘Juliar’? Or called a mate a dopey bastard? New laws could put a stop to name calling.

Civil Liberties Australia (CLA) warn the PM herself could be in trouble for calling Opposition Leader Tony Abbott a misogynist if proposed amendments to anti-discrimination laws take effect — although Julia Gillard has the protection of Parliamentary privilege.

What about cricket sledging, or paying out on a mate?

CLA chief executive officer Bill Rowlings has lashed out at the proposed amendments to anti-discrimination laws which make it unlawful to “offend” people.

His attack follows ABC chairman Jim Spigelman’s scathing appraisal this week — he said that the laws could breach our international obligations to freedom of speech.

Update: Of course, it’s rather unfair of me to point my finger and laugh at our Australian cousins when Albertans get up to similar japes of a quasi-legal kind:

One is surprised to discover that Hanna felt it needed to outlaw theft and assault, and also amused to contemplate the idea of a court trying to define “social out-casting”. But it turns out, anyway, that the law does not actually outlaw bullying! It instead does a bizarre half-gainer and prohibits the making-of-someone-feel-as-though-they-are-being-bullied.

    1. No person shall, in any public place:

         a. Communicate either directly or indirectly, with any person in a way that causes the person, reasonably in all the circumstances, to feel bullied.

To prove an offence under this scheme, one apparently only needs to show that one felt taunted, put down, or outcast. (Felt “reasonably”, that is. I would have thought the salient characteristic of feelings is that they are not reason, but there you go.) The Hanna Herald has said the bylaw is “based on similar laws passed around Alberta.” One hopes that this is not the case, but readers are invited to submit local intelligence. If we can call it that.

December 11, 2012

Reason.tv: James Payne on Six Political Illusions

Filed under: Books, Economics, Government, Liberty, Media — Tags: , , — Nicholas @ 09:27

“The first thing [children] think about of government is that it is like a super parent,” says author and Reason Magazine contributor James Payne. Payne points out that seeing government as having the virtues of a parent — wisdom, responsibility, money, unlimited funds for whatever you need — has lead to illusions about what role the government should be playing in our lives.

Payne sat down to talk with Reason TV at Libertopia 2012 in San Diego, Calif. to discuss his book, Six Political Illusions: A Primer on Government for Idealists Fed Up with History Repeating Itself.

December 6, 2012

NZ court allows Kim Dotcom to sue for illegal spying

Filed under: Business, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:01

This could get interesting quickly:

Details of the top secret international spy agency ring known as Echelon will have to be produced after a new judgment in the Kim Dotcom case.

The internet tycoon was also cleared to pursue a case for damages against the police and the Government Communications Security Bureau in a judgment which has opened the Government’s handling of the criminal copyright case for its harshest criticism yet.

[. . .]

Chief high court judge Helen Winkelmann said the GCSB would have to “confirm all entities” to which it gave information sourced through its illegal interception of Dotcom’s communications.

She said her order included “members of Echelon/Five Eyes, including any United States authority”. The Echelon network is an international intelligence network to which New Zealand and the United States are members, along with Australia, Canada and the United Kingdom.

The judgment also recorded Dotcom’s suspicions he had been spied on at least six weeks before the GCSB admitted to doing so, and sought details as to whether others had been swept up in the illegal operation.

Update: Moved the video below the fold to stop it auto-playing any time someone visited the blog main page.

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