No one ever heard of the truth being enforced by law. Whenever the secular arm is called in to sustain an idea, whether new or old, it is always a bad idea, and not infrequently it is downright idiotic.
H.L. Mencken, Minority Report, 1956.
July 26, 2018
QotD: Protecting the truth
July 24, 2018
Ayn Rand and the Hollywood blacklist
In the August/September issue of Reason, Jesse Walker discusses the role Ayn Rand played in the House Committee on Un-American Activities’ anti-Communist hearings on Tinseltown’s great and good:
Ayn Rand was a blacklist truther. The novelist and screenwriter had been a friendly witness during the House Committee on Un-American Activities’ 1947 hearings on Hollywood subversion — the probe that prompted the studios to announce that they would not hire Communists. But when she was asked about her testimony two decades later, she claimed that the blacklist was a myth.
“I do not know of any red blacklisted in Hollywood,” Rand told a Boston audience in 1967. “I do know, if the newspaper stories can be trusted, that many of those ‘blacklisted’ people … were working in Hollywood thereafter under assumed names.” The real victims, she insisted, were the hearings’ friendly witnesses. “You talk about the blacklisting of reds. I don’t know of one leftist who has suffered for his views, and conversely, I don’t know of one pro-capitalist who in one form or another did not have to suffer for his views.”
This was misleading, to put it mildly. The blacklist really did exist. It was an organized effort to remove people from the movie industry for their political opinions, and the federal government played a major role in launching it. Anyone who cares about free expression should object to that sort of censorship by proxy, both as it manifested itself in the early days of the Cold War and as it threatens to re-emerge in social media today.
Yes, some of the more talented blacklisted writers continued to find work under assumed names or behind fronts. Dalton Trumbo knew how to write a movie that audiences would pay to see, and so Trumbo’s screenplays remained in demand. But others didn’t do studio work for a long time or left the industry altogether. (Blacklistee Alvah Bessie wound up taking a job as stage manager in a San Francisco nightclub and writing novels on the side.) And even folks like Trumbo found themselves getting paid a lot less. The blacklist eventually dissolved, but that took years. It is simply untrue that no Communists, real or alleged, lost work because of it.
On the other hand, it is true that some of the friendly witnesses of ’47 fared pretty badly. Rand mentioned a few examples at that Boston speech, among them Morrie Ryskind, who worked for those other Marxes when he scripted three Marx Brothers movies. “In Hollywood, he was getting $3,000 a week, which at the time was top money for writers,” she said. But “he has not worked as a writer one day since appearing as a friendly witness.” In Show Trial (Columbia University Press), his engrossing new book about those hearings, the Brandeis historian Thomas Doherty lists several examples of his own, from Jack Moffitt, who stopped getting hired to write motion pictures and fell back on reviewing movies for The Hollywood Reporter, to Fred Niblo Jr., who wound up leaving Hollywood to write religious films for television and documentaries for the State Department. In risk-averse Hollywood, anyone who stuck his head out might lose work for his trouble, especially if he came from the low end of the industry’s totem pole.
But this should not be equated, Doherty writes, “with the state-coerced, institutionally enforced blacklist of Communists, fellow travelers, and stubborn liberals.” That was a more fearsome and intrusive beast.
July 15, 2018
1918 Flu Pandemic – Trench Fever – Extra History – #2
Extra Credits
Published on 14 Jul 2018The flu arrived in France. It found a pleasant home in the crowded wartime trenches, much to the dismay of the Allies who tried to keep the flu a secret. When it made its way to Madrid, not subject to wartime censorship, it picked up the nickname “Spanish flu.”
June 2, 2018
YouTube Won’t Host Our Homemade Gun Video. So We Posted It on PornHub Instead.
ReasonTV
Published on 31 May 2018Reason has a new video out today explaining how to put together a homemade handgun using some very simple tools and parts you can buy online. But you won’t find it on our YouTube channel.
_____After the March for Our Lives rally, YouTube announced that it would no longer allow users to post videos that contain “instructions on manufacturing a firearm.”
Our video and its accompanying article are part of a package of stories in Reason‘s “Burn After Reading” issue. It includes a bunch of how-to’s, including how to bake pot brownies, how to use bitcoin anonymously, how to pick the lock on handcuffs, and how to hire an escort.
The whole issue is a celebration of free speech and our way of documenting how utterly futile of all kinds of prohibitions can be.
We made a video showing how easy it is to DIY a Glock because we wanted to show how the First Amendment reinforces the Second Amendment. If a bunch of journalists can build a handgun in their kitchen, we can assume it’ll be pretty hard to keep guns out of the hands of motivated criminals.
If YouTube prevents us from uploading the video, have they violated our First Amendment rights?
“YouTube of old days was this amazing thing that has become the digital library of Alexandria on the Internet,” says Karl Kasarda, the co-host of InRangeTV, a weekly YouTube show about guns. The show used to survive on ad revenue, until YouTube started de-monetizing certain forms of content. Once YouTube made it impossible for Kasarda to make money on its platform, he started posting his content to other places, including PornHub.
Last October Prager University, a conservative video production shop, sued YouTube, saying it had restricted the audience for content and alleging that the company was “unlawfully censoring its educational videos and discriminating against its right to freedom of speech.”
But here’s the thing: YouTube is a private platform. There is nothing in the First Amendment (or the Second) that requires them to host our gun video. Reason can turn down articles for any cause that we choose. We can do it because we don’t like the color of the author’s hair, or because we don’t like the font she used in her pitch email. We wouldn’t be violating a single constitutional right by doing so.
We wish YouTube would run our video. It’s awesome. But equally awesome is YouTube’s right — our right — not to run content we don’t like.
Karl Kasarda is correct that YouTube is the closest thing we have to the Library of Alexandria. It still doesn’t mean they have to carry our video.
YouTube is hardly the first to test this principle. In 1972, a teachers union president who was running for state legislature sued The Miami Herald, insisting it run an editorial he had written after he was attacked in its pages. The Supreme Court correctly ruled that ordering a newspaper to print an editorial violates the First Amendment. After all, a newspaper is “more than a passive receptacle.”
Prager University argued that YouTube isn’t entitled to the same editorial discretion as The Miami Herald because it advertises itself as a “platform for free expression” that’s “committed to fostering a community where everyone’s voice can be heard.” A federal judge, thankfully, dismissed the Prager lawsuit, rejecting the company’s argument that YouTube is comparable to a “government entity” and thus must be open-access. A slew of other judges have arrived at the same conclusion.
YouTube deserves the same editorial latitude those judges gave to The Miami Herald in the 1970s and that Reason enjoys today.
And that’s one of the things our new gun video is celebrating. If YouTube doesn’t want to post it to their site, its loss. We’ll just post it to another platform. That’s what the free and open internet is all about. So if you want to see our video, you can watch it here at Reason.com — or head over to PornHub and see how to make your very own unregistered firearm.
Links:
https://reason.com/archives/2018/05/31/how-to-legally-make-your-own-o
https://www.pornhub.com/view_video.php?viewkey=ph5b0460dc60380Edited by Todd Krainin. Narrated by Katherine Mangu-Ward. Written by Jim Epstein and Katherine Mangu-Ward. Cameras by Meredith Bragg.
May 27, 2018
May 23, 2018
April 5, 2018
Mark Steyn on the YouTube shooting in San Bruno
The shooting at the YouTube offices in San Bruno, California may not be in the headlines for long, as the story is so off-beat compared to other recent events that it doesn’t easily fit the model the media prefers for reporting gun crime (or high tech stories). Mark Steyn calls it the “grand convergence”:
The San Bruno attack also underlines a point I’ve been making for over a decade, ever since my troubles with Canada’s “human rights” commissions: “Hate speech” doesn’t lead to violence so much as restraints on so-called “hate speech” do – because, when you tell someone you can’t say that, there’s nothing left for him to do but open fire or plant his bomb. Restricting speech – or even being perceived to be restricting speech – incentivizes violence as the only alternative. As you’ll notice in YouTube comments, I’m often derided as a pansy fag loser by the likes of ShitlordWarrior473 for sitting around talking about immigration policy as opposed to getting out in the street and taking direct action. In a culture ever more inimical to freedom of expression, there’ll be more of that: The less you’re permitted to say, the more violence there will be.
Google/YouTube and Facebook do not, of course, make laws, but their algorithms have more real-world impact than most legislation – and, having started out as more or less even-handed free-for-alls, they somehow thought it was a great idea to give the impression that they’re increasingly happy to assist the likes of Angela Merkel and Theresa May as arbiters of approved public discourse. Facebook, for example, recently adjusted its algorithm, and by that mere tweak deprived Breitbart of 90 per cent of its ad revenue. That’s their right, but it may not have been a prudent idea to reveal how easily they can do that to you.
What happened yesterday is a remarkable convergence of the spirits of the age: mass shootings, immigration, the Big Tech thought-police, the long reach of the Iranian Revolution, animal rights, vegan music videos… But in a more basic sense the horror in San Bruno was a sudden meeting of two worlds hitherto assumed to be hermetically sealed from each other: the cool, dispassionate, dehumanized, algorithmic hum of High Tech – and the raw, primal, murderous rage breaking through from those on the receiving end.
March 31, 2018
If anybody could be described as Machiavellian, it’d surely be Machiavelli, right?
At the Foundation for Economic Education, Paul Meany tries to rescue the reputation of Niccolò Machiavelli:
If you have ever studied Shakespeare, you might have heard your teacher use the word “Machiavellian” to describe amoral characters such as Iago from Othello or Edmund from King Lear. “Machiavellian” denotes a person or action that disregards morality and is wholly self-serving. The origin of the word derives from the famous Florentine politician and writer Niccoló Machiavelli.
[…]
Published posthumously, The Prince left Machiavelli with an infamous reputation as an amoral, atheistic, and cynical writer. In 1559, the Catholic Church put Machiavelli’s works on the Index of Prohibited Books. In the play The Jew of Malta by Christopher Marlowe, written in 1589, Machiavelli appears in the prologue, boldly exclaiming, “I count religion but a childish toy, and hold there is no sin but ignorance.”
Machiavelli came to be associated with an Elizabethan term, “Old Nick,” used to denote the devil. There is a subject of modern psychology, known as the “dark triad,” which focuses on three malevolent personality traits: narcissism, psychopathy, and Machiavellianism.
However, this deeply negative image of Machiavelli did not always exist. In the 17th and 18th centuries, a more positive view of Machiavelli emerged, with authors such as the Republican James Harrington referring to Machiavelli as “the prince of politicians.” During the Italian Renaissance, humanist Giovanni Battista Busini fondly described Machiavelli as “a most extraordinary lover of liberty.”
This praise might seem confusing; after all, the word “Machiavellian” denotes someone who is cunning and unscrupulous. How could a man so devious and pragmatic be called a lover of liberty? The answer lies with Machiavelli’s other book, known as Discourses on Livy, which presents a very different image of his political beliefs.
[…]
The stark differences between Machiavelli’s Discourses on Livy and The Prince come from the nature of the aims of each book. The Prince aims to refine the conduct of a single prince, while Discourses on Livy offers guidance for the entire citizen body. The Prince was written to address a unique political opportunity that quickly evaporated, whereas Discourses on Livy was written to articulate the principles required by republics that sought longevity, liberty, and prosperity.
To this day, there still remains a huge debate over the intricacies and contradictions that characterize Machiavelli’s writings. Machiavelli was an extremely nuanced and original thinker whose reputation should not exclusively be that of an evil schemer. He argued for a republic whose liberty is safeguarded by the common person, in which free, unhindered debate provides the best course of action, and where compromises between opposing groups create harmony. Discourses on Livy reveals another side of Machiavelli, a man committed to the ideals of freedom through the means of representative government.
March 20, 2018
Free speech on the ropes
J.D. Tuccille says the right to freedom of speech isn’t dead, but it might not qualify for a new life insurance policy:
We have an environment in which the president of the United States is dismissive of the free speech rights of his opponents, prominent constitutional scholars sniff at free speech unless it’s used by the “right” people for their favored goals, and the country’s leading civil liberties organization is suffering an internal revolt by staffers who oppose “rigid” support for free speech protections.
Last October, President Trump said “It’s frankly disgusting the way the press is able to write whatever they want to write.” That came just hours after he tweeted, “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License? Bad for country!” And even before Trump took the oath of office, he’d huffed that protesters who burn American flags should face loss of citizenship or jail.
So if you’re an academic with expertise in constitutional law, and you have months to watch a populist politician who commands the power of the presidency fulminate about punishing those who criticize him, what do you do? If you’re Georgetown Law’s Louis Michael Seidman, you suggest that the president might be on to something.
In a forthcoming paper, Seidman’s main complaint is that free speech doesn’t inherently favor progressivism — it allows too much voice to people who disagree. “At its core, free speech law entrenches a social view at war with key progressive objectives,” writes Seidman.
Sure, “the speech right has instrumental utility in isolated cases,” he adds. But “significant upside potential”? Nah.
[…]
In its early days, the American Civil Liberties Union (ACLU) viewed free speech as a tool of social justice, suited to particular purposes under particular conditions,” wrote Weinrib, calling on the modern organization to rededicate itself to progressive political goals over civil libertarian advocacy.
The ACLU may be close to taking her advice. Last fall, about 200 of the organization’s staff members signed a letter objecting to the groups’ “rigid stance” on the First Amendment. The letter was characterized by former ACLU board member Michael Meyers as “a repudiation of free-speech principles.”
Huh. With a president who openly chafes at criticism and suggests media naysayers should be punished with the force of law, now seems like a perfect time for opponents to rally around unfettered debate and the First Amendment. Instead, lefty academics and activists are lining up to agree with Trump that a free press and individual rights to freedom of speech, belief, and association are indeed overrated overall.
March 3, 2018
Arguments against having students read To Kill a Mockingbird
I’m very much anti-censorship, so in the vast majority of cases where “pressure groups” are demanding that a book be removed from a school reading list, I’m usually against the idea. Recently, a demand to pull Harper Lee’s To Kill a Mockingbird was denied, but Ann Althouse explains why, unlike so many other efforts, in her opinion this one deserves a fair hearing:
I think the argument against selecting this book — of all books — as the go-to reading about race discrimination is, in fact, very strong. I understand that schools defend their own choices and are dug in here, but the Kameetas made an excellent argument (as far as I can tell from this summary). The black characters are basically “spectators and bystanders.” I think the book is also a problem because:
1. It’s a rape story where the woman lies about rape. Why should the first thing children learn about rape be about the woman lying?
2. Rape is a complex subject, difficult for 9th graders to understand, and yet this rape story is cartoonish, in which the man is absolutely, unquestionably innocent. Why present a book as literature when it deals with this important subject in a completely unsubtle way, completely subordinated to another subject the author is bent on telling (the outrageous accusation against an innocent man)?
3. Racial discrimination is also a complex subject, especially as it persists today, but the racial injustice shown in the book is so exaggerated that it allows a present-day reader to feel smugly distanced. Nobody we know is that over-the-top racist, so weren’t those people back then terrible? That’s not how high-quality literature is supposed to work on readers. They should need to question their own simplistic preconceptions.
4. It’s not a subtle telling of the story of how courts work and might carry forward racial prejudice. The evidence of the man’s innocence is so completely obvious that you have a complete breakdown of justice. That doesn’t begin to enlighten students about how there could be racial disparities in the justice system today. It invites them to sit back and think people in the past were crazy.
5. There is blatant stereotyping of the poor white family, and their problems are not treated as perhaps a consequence of poverty. They’re treated as genetically deficient. They are truly the irredeemable deplorables.
6. There is great sentimentality about this book in the older generation. Having reread this book very carefully and written about it (in the Michigan Law Review, here), I hold the informed opinion that it is not a very good book and the practice of imposing on the younger generations — with endless pressure to regard it as a great classic — deserves serious, vigorous questioning.
February 28, 2018
China: Triumph and Turmoil, Episode 1 – Emperors
Niall Ferguson
Published on Jan 31, 2018Niall Ferguson shows how the vast apparatus of the Chinese state has always been called on to subjugate individual freedom to the higher goal of unity. Ferguson also examines how, on the other hand, centralized control produces tensions that threaten to destroy the country.
QotD: Words as “physical violence”
Berkeley. Evergreen. Middlebury. Missou. Yale. Brown. McMasters. Wilfred Laurier. The list goes on. One must wonder where this trend will ultimately take us. There have been several justifications given for this increasing rash of no-platforming, shaming, and at times, physical violence on North American campuses. In essence, these justifications can be distilled into a triad of well-meaning but ultimately flawed theses, namely, 1.) that all discourse is about power and that any speech that renders a listener physiologically uncomfortable therefore rises to the level of a physical attack upon that individual, thereby justifying actual physical violence in response, 2.) that for the sake of historically marginalized voices, persons who are members of historically privileged groups should forfeit their right to free speech or ought to remain silent, 3.) that certain assertions, even if possibly true, are nonetheless morally impermissible to make since to do so will likely create conditions whereby bad-intentioned persons will inevitably and successfully advance their morally heinous projects.
This first thesis — that all discourse is fundamentally about power — finds its philosophical origins in the likes of post-modernists such as Jacques Derrida and Michel Foucault. To quote Foucault, “Discourses are tactical elements or blocks operating in the field of force relations.” Thus, on Foucalt’s view, if all discourse is, at heart, really just veiled force relations between competing groups; if language isn’t fundamentally capable of being about objective truth or about the world in any meaningful sense, then the ink symbols written on the page and the shaped air admitted from one’s mouth in the forms of ‘rationality’, ‘facts’, ‘knowledge’, and ‘truth’ are just another set of weapons in a person’s overall arsenal to seize and maintain power, no different in kind from weapons of a physical sort. To speak then, on Foucault’s view, is to wield a weapon, albeit a subtler and refined one. The uncomfortable physiological feeling of hearing offensive speech, it would then seem, vindicates this view that one is being attacked. One might thus conclude, “Why not attack back with heavier, more effective, and more expedient weapons?”
Michael Robillard, “In Defense of Offense”, Quillette, 2018-02-05.
January 14, 2018
December 28, 2017
QotD: The 1960s cultural revolution
The entire political and cultural trajectory of the decades following World War II in the U.S. was a movement away from the repressions of the Cold War standoff with the Soviet Union, when the House Un-American Activities Committee of the U.S. House of Representatives searched for signs of Communist subversion in every area of American life. A conspicuous target was the Hollywood film industry, where many liberals had indeed been drawn to the Communist Party in the 1930s, before the atrocities of the Stalinist regime were known. To fend off further federal investigation, the major studios blacklisted many actors, screenwriters, and directors, some of whom, like a favorite director of mine, Joseph Losey, fled the country to find work in Europe. Pete Seeger, the leader of the politicized folk music movement whose roots were in the social activism of Appalachian coal-miners in the 1930s, was banned from performing on network TV in the U.S. in the 1950s and ‘60s.
There were sporadic landmark victories for free speech in the literary realm. In 1957, local police raided the City Lights Bookshop in San Francisco and arrested the manager and owner, Beat poet Lawrence Ferlinghetti, for selling an obscene book, Allen Ginsberg’s epic protest poem, Howl. After a long, highly publicized trial, Howl was declared not obscene, and the charges were dropped. The Grove Press publishing house, owned by Barney Rosset, played a heroic role in the battle against censorship in the U.S. In 1953, Grove Press began publishing affordable, accessible paperbacks of the voluminous banned works of the Marquis de Sade, a major thinker about sex and society at the close of the Enlightenment. In 1959, the Grove Press edition of D.H. Lawrence’s 1928 novel, Lady Chatterly’s Lover, then banned in the U.S., was confiscated as obscene by the U.S. Postal Service. Rosset sued and won the case on federal appeal. In 1961, the publication by Grove Press of another banned book, Henry Miller’s 1934 novel, Tropic of Cancer, led to 60 obscenity trials in the U.S. until in 1964 it was declared not obscene and its publication permitted.
One of the supreme symbols of newly militant free speech was Lenny Bruce, who with Mort Sahl transformed stand-up comedy from its innocuous vaudevillian roots into a medium of biting social and political commentary. Bruce’s flaunting of profanity and scatology in his improvisational onstage act led to his arrest for obscenity in San Francisco in 1961, in Chicago in 1962, and in New York in 1964, where he and Howard Solomon, owner of the Café Au Go Go in Greenwich Village, were found guilty of obscenity and sentenced to jail. Two years later, while his conviction was still under appeal, Bruce died of a drug overdose at age 40.
This steady liberalizing trend was given huge impetus by the sexual revolution, which was launched in 1959 by the marketing of the first birth control pill. In Hollywood, the puritanical studio production code, which had been adopted in the early 1930s under pressure from conservative groups like the Legion of Decency and the United States Conference of Catholic Bishops, was gradually breaking down and was finally abandoned by the late 1960s. The new standard of sexual expression was defined by European art films, with their sophisticated scripts and frank nudity. Pop music pushed against community norms: in 1956, Elvis Presley’s hip-swiveling gyrations were cut off by the TV camera as too sexual for the Ed Sullivan Show, which was then a national institution. As late as 1967, the Ed Sullivan Show was trying to censor the song lyrics of major bands like the Doors and the Rolling Stones, who were imitating the sexual explicitness of rural and urban African-American blues. (The Stones capitulated to Sullivan, but the Doors fought back — and were never invited on his show again.) Middle-class college students in the 1960s, including women, began freely using four-letter words that had rarely been heard in polite company, except briefly during the flapper fad of the 1920s. In the early 1970s, women for the first time boldly entered theaters showing pornography and helped make huge hits out of X-rated films like Deep Throat, Behind the Green Door, and The Devil in Miss Jones.
In short, free speech and free expression, no matter how offensive or shocking, were at the heart of the 1960s cultural revolution. Free speech was a primary weapon of the Left against the moralism and conformism of the Right.
Camille Paglia, “The Modern Campus Has Declared War on Free Speech”, Heat Street, 2016-05-09.