Quotulatiousness

June 29, 2014

Freedom of (certain kinds of) political speech

Filed under: Law, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 10:04

Mark Steyn explains why it’s not a trivial thing to allow the Internal Revenue Service to operate as the financial wing of a political party:

… we’ve had a steady stream of emails from readers explaining that this is all well and good but it’s taxable income and what I really need to do is set up a 501(c)3 or 501(c)4 or 501(c)87 or some such as a vehicle for this campaign.

To which the answer is: well, we certainly considered the possibility, and a few years ago I might have entertained the notion. But not anymore. The National Organization for Marriage, which was founded to protect the pre-revisionist definition of marriage, is, in its various arms, both a 501(c)3 and a 501(c)4. As such, its tax returns are publicly available, but not its donor lists. Nevertheless, it is obliged to report its donors on Schedule B to the Internal Revenue Service. Someone at the IRS leaked the donor lists to a man called Matthew Meisel, a gay activist in Boston. Meisel in turn passed it on to the gay group Human Rights Campaign (whose president was a national co-chair of the Obama re-election campaign), and HRC in turn published the list of donors, which was subsequently re-published by The Huffington Post.

There’s no secret about why they’d do such a thing. As we know, if you disagree with progressive orthodoxy, you have no right to host a cable-TV home-decor show or give a commencement address at an American university or be a beauty-queen contestant. But that’s not enough for these groups. If you’re not a public figure, if you’re just a Californian who puts up a yard sign or a bumper sticker on Proposition Eight, your car will be keyed and your house defaced. And likewise, if you slip a check in the mail for a modest sum, it is necessary that you also be made an example of. Brandon Eich, Richard Raddon and Scott Eckern all lost prominent positions as chief executives because of their donations. But Marjorie Christoffersen, a 67-year-old Mormon who works in the El Coyote restaurant in Los Angeles, was forced to quit because she wrote a $100 check in support of Proposition Eight.

So, when it comes to the leaking of donor lists, we’re not dealing with anything “theoretically” or “potentially” “troubling”. These guys act on this information, and act hard, and they are willing to destroy your life for a hundred bucks.

This is nothing to do with whether you support or oppose same-sex marriage. This is about whether you support free speech, public advocacy, private advocacy and ultimately — one day soon — the sanctity of the ballot box, and whether you oppose a culture of partisan thuggery.

So how did leaking the National Organization for Marriage donor lists work out for the IRS? Well, after a two-year legal battle, the Government of the United States admitted wrongdoing and agreed to settle. For $50,000.

After two years in the toilet of American “justice”, I can tell you that 50 grand barely covers your tips to the courthouse washroom attendant. It’s nothing. The IRS budget is over $11 billion, so you figure out how many organizations’ donor lists they can leak for 50K a pop while still keeping it under “Miscellaneous” in the annual breakdown. $50,000 isn’t even a slap on the wrist — and this notwithstanding that the IRS, as it has in the Lois Lerner case, obstructed and lied, almost laughably: For example, they claimed that the leak was an inadvertent error by a low-level clerk called Wendy Peters in March 2011. But in February 2011 Mr Meisel, the gay activist, was already letting it be known that he had a source who could get him the info.

As in the Lerner case, the inconsistencies and obfuscations were irrelevant. Like Ms Lerner, Mr Meisel took the Fifth. The NOM asked the Department of Justice to grant Meisel immunity so that he could be persuaded to disclose what really happened. But Eric Holder’s corrupt Justice Department had already decided it wasn’t going to investigate the matter so it had no reason to grant Meisel immunity. The Fifth Amendment, a constitutional safeguard to protect the citizen against the state in potentially criminal matters, is being creatively transformed to protect the state against the citizens in matters for which a corrupt and selective Justice Department will never bring criminal prosecution.

So, when it comes to leaking confidential taxpayer information for partisan advantage, the IRS got away with it.

May 27, 2014

Infantilizing university students

Filed under: Liberty, Media, Politics, USA — Tags: , , , , — Nicholas @ 07:03

Robert and Araz Shibley say that the push for trigger warnings over a larger share of university course content will help to ensure that students remain unready for the stresses of real life after leaving the cloisters of academia:

When a college places limits on the topics their students can encounter, it effectively robs them of a complete education. To attend college is (or should be) to deliberately seek out an experience in which one will wrestle with humanity’s most serious issues. Students and professors must be able to discuss such topics like the adults they are. Trigger warning policies make this kind of discourse less likely to take place. Instead, they send the troubling message that professors should avoid ideas that could potentially spark an emotional response from their students, and they guarantee that the students who skip certain lectures or assignments will not receive the full benefit of the classroom experience.

This is of particular concern in fields where “triggering” subjects are likely to be important to the understanding of the subject matter; the warnings guarantee the result of a student body that is less informed and knowledgeable about the subject. Imagine attempting to lead a classroom discussion about, say, the Rape of Nanking in the context of a “trigger warning” campus. Virtually no detail of that or many other sorry chapters of human history is less than massively disturbing. Yet avoiding or glossing over the many distressing aspects of war — or, worse, allowing students to skip lessons on it altogether — will leave students with a very incomplete comprehension of the subject. As Conor Friedersdorf writes in his piece on trigger warnings, “Surely college students should know what’s coming when they set out to plumb human civilization. A huge part of it is a horror show. To spare us upset would require morphine.”

[…]

Prior to the 1960s, it was assumed that colleges and universities would stand in loco parentis (in the place of the parents) when it came to their students. The campus foment of the 1960s, capped off by the lowering of the voting age to 18 in 1971, was thought to have ended the era of in loco parentis and its distinctively paternalistic features, like curfews for women on campus, disciplinary action for perceived moral failures, single-sex dorms that barred members of the opposite sex from even visiting, and restrictions on free speech. Yet today’s campuses are slowly rebuilding themselves into even stricter parents than they were in the 1950s.

By adopting measures like restrictive speech codes, free speech zones, and mandatory “training” on how to speak to and relate with other students, colleges have long been creating an environment similar to that of living with an inflexible and officious parent. Trigger warnings now threaten to drag the protective impulse of parenting into the college curriculum itself. If we want colleges to train students to be rational, free-thinking, fully participating members of a democratic society, mandating trigger warnings is an excellent way to ensure that we fail.

May 16, 2014

Nobody expected the university inquisition

Filed under: Politics, USA — Tags: , , — Nicholas @ 08:19

The old Monty Python skit may now need to be amended, replacing “an almost fanatical devotion to the Pope” with “an almost fanatical devotion to political correctness”. Dan Henninger calls it the “Bonfire of the Humanities”:

It’s been a long time coming, but America’s colleges and universities have finally descended into lunacy.

Last month, Brandeis University banned Somali-born feminist Ayaan Hirsi Ali as its commencement speaker, purporting that “Ms. Hirsi Ali’s record of anti-Islam statements” violates Brandeis’s “core values.”

This week higher education’s ritualistic burning of college-commencement heretics spread to Smith College and Haverford College.

On Monday, Smith announced the withdrawal of Christine Lagarde, the French head of the International Monetary Fund. And what might the problem be with Madame Lagarde, considered one of the world’s most accomplished women? An online petition signed by some 480 offended Smithies said the IMF is associated with “imperialistic and patriarchal systems that oppress and abuse women worldwide.” With unmistakable French irony, Ms. Lagarde withdrew “to preserve the celebratory spirit” of Smith’s commencement.

On Tuesday, Haverford College’s graduating intellectuals forced commencement speaker Robert J. Birgeneau to withdraw. Get this: Mr. Birgeneau is the former chancellor of UC Berkeley, the big bang of political correctness. It gets better.

Berkeley’s Mr. Birgeneau is famous as an ardent defender of minority students, the LGBT community and undocumented illegal immigrants. What could possibly be wrong with this guy speaking at Haverford??? Haverfordians were upset that in 2011 the Berkeley police used “force” against Occupy protesters in Sproul Plaza. They said Mr. Birgeneau could speak at Haverford if he agreed to nine conditions, including his support for reparations for the victims of Berkeley’s violence.

[…]

Years ago, when the academic left began to ostracize professors identified as “conservative,” university administrators stood aside or were complicit. The academic left adopted a notion espoused back then by a “New Left” German philosopher — who taught at Brandeis, not coincidentally — that many conservative ideas were immoral and deserved to be suppressed. And so they were.

This shunning and isolation of “conservative” teachers by their left-wing colleagues (with many liberals silent in acquiescence) weakened the foundational ideas of American universities — freedom of inquiry and the speech rights in the First Amendment.

No matter. University presidents, deans, department heads and boards of trustees watched or approved the erosion of their original intellectual framework. The ability of aggrieved professors and their students to concoct behavior, ideas and words that violated political correctness got so loopy that the phrase itself became satirical — though not so funny to profs denied tenure on suspicion of incorrectness. Offensive books were banned and history texts rewritten to conform.

April 29, 2014

Allowing freedom of speech also means allowing hate speech

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 09:24

Greg Lukianoff explains why free speech is so important and why attempts to restrict “hate speech” are toxic to the long term health of a culture or society:

Last month was a bittersweet seventh birthday for Twitter. The Union of Jewish French Students sued the social-media giant for $50 million in a French court in light of anti-Semitic tweets that carried the hashtag #unbonjuif (“a good Jew”). In January, Twitter agreed to delete the tweets, but the student group now wants the identities of the users who sent the anti-Semitic messages so that they can be prosecuted under French law against hate speech. Twitter is resisting. It claims that as an American company protected by the First Amendment, it does not have to aid government efforts to control offensive speech.

Internationally, America is considered radical for protecting speech that is highly offensive. But even in the U.S., Twitter should not be surprised to discover ambivalence and even outright hostility toward its principled aversion to censorship, especially in that once great institution for the open exchange of ideas: American higher education.

“Hate speech” is constitutionally protected in the United States. But the push against “hurtful” and “blasphemous” speech (primarily speech offensive to Islam) is gaining ground throughout the world. Last fall, for example, when many thought a YouTube video that satirized Mohammed caused a spontaneous attack on our consulate in Benghazi, academics across the country rushed to chide America for its expansive protections of speech. And as someone who has spent more than a decade fighting censorship on American college campuses, I run into antagonism toward free speech on a regular basis, most recently last month, when I spoke at Columbia Law School. After my speech, law professor Frederick Schauer criticized his American colleagues for not being more skeptical about the principle of free speech itself.

[…]

No doubt the open, anarchical, epistemological system that was celebrated in the Enlightenment — which Jonathan Rauch dubbed “liberal science” in his classic work on the value of freedom of speech, Kindly Inquisitors — has resulted in a flowering of creative and scientific thought. It has helped reveal what we consider to be objective facts (e.g., the Earth is an oblate spheroid; gravity is a fundamental force). But the free exchange of ideas benefits society not only by unearthing “Big T” truths; more importantly, it continually exposes mundane yet important pieces of information about the world. I will call this “Little t” truth. “Little t” truths include: who disagrees about what and why, what people feel about a particular issue, what events the newspapers think are important to report. The fact that Argo is a movie is truth, whether or not it represents an accurate view of history, as is the fact that some topics of discussion interest no one, while others are radioactive.

Twitter provides a powerful way to view the world. Never before have human beings been able to check the global zeitgeist with such immediacy and on such a massive scale. Its primary service is not to dispense the Platonic ideal of Truth (“the form of beauty = x”), but rather to provide unparalleled access to the peculiar thoughts, ideas, misconceptions, genuine wisdom, fetishes, fads, jokes, obsessions, and problems of a vast sea of people from different cultures, classes, countries, and backgrounds.

In order to be an effective mirror to global society, Twitter thinks of itself primarily as a platform and does its best to get out of the way. Therefore, we know things we simply would not know otherwise — from the trivial to the serious. The people who want to scour mass media and cleanse it of all hateful or hurtful opinions miss that their purge would deny us important knowledge. Simply put, it is far better to know that there are bigots among us than to pretend all is well. As Harvey Silverglate, co-founder of FIRE (the Foundation for Individual Rights in Education, where I serve as president), likes to say, he supports free speech because he thinks it’s important that he know if there’s an anti-Semite in the room so he can make sure not to turn his back to that person.

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 12, 2014

Political religion

Filed under: Politics, Religion, USA — Tags: , , , — Nicholas @ 08:19

In the most recent Goldberg File “news”letter, Jonah Goldberg discusses what serves some non-religious groups as an effective religion-replacement:

… I read some reviews of Jody Bottum’s new book (which I’ve now ordered). In, An Anxious Age: The Post Protestant Ethic and the Spirit of America, Bottum argues that today’s liberal elites are the same liberal elites that we’ve always had. They come from the ranks of mainline Protestants that have run this country for generations (with some fellow-travelling Jews and Catholics, to be sure). But there’s a hitch. They champion a

    social gospel, without the gospel. For all of them, the sole proof of redemption is the holding of a proper sense of social ills. The only available confidence about their salvation, as something superadded to experience, is the self-esteem that comes with feeling they oppose the social evils of bigotry and power and the groupthink of the mob.

This strikes me as pretty close to exactly right. They’re still elitist moralizers but without the religious doctrine. In place of religious experience, they take their spiritual sustenance from self-satisfaction, often smug self-satisfaction.

One problem with most (but not all) political religions is that they tend to convince themselves that their one true faith is simply the Truth. Marxists believed in “scientific socialism” and all that jazz. Liberalism is still convinced that it is the sole legitimate worldview of the “reality-based community.”

There’s a second problem with political religions, though. When reality stops cooperating with the faith, someone must get the blame, and it can never be the faith itself. And this is where the hunt for heretics within and without begins.

Think about what connects so many of the controversies today: Mozilla’s defenestration of Brendan Eich, Brandeis’ disinviting of Ayaan Hirsi Ali, the IRS scandal, Hobby Lobby, Sisters of Mercy, the notion climate skeptics should be put in cages, the obsession with the Koch brothers, not to mention the metronomic succession of assclownery on college campuses. They’re all about either the hunting of heretics and dissidents or the desire to force adherence to the One True Faith.

It’s worth noting that the increase in these sorts of incidents is not necessarily a sign of liberalism’s strength. They’re arguably the result of a crisis of confidence.

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

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 5, 2014

“They, and they alone, will decide who the Racists are”

Filed under: Football, History, Politics, USA — Tags: , , , , , — Nicholas @ 09:53

Ace on racism and the unofficial deciders on who is a racist and who is not:

Karl Lueger was the mayor of Vienna at the turn of the century, whose populist politics were often riven with anti-semtism — so much so that he was cited as an inspiration by none other than Adolf Hitler in Mein Kampf.

However, there’s a debate about how anti-semitic he actually was, and how much of an anti-semite he pretended to be for the sake of political positioning.

Lueger is famous for an answer he once gave on this issue. He was asked how he squared that fact that many of his policies were anti-semitic, while he counted many Jews among his close friends.

“I decide who is a Jew,” he said, apparently creating his own definition of Judaism.

This flexible opinion on “who is a Jew” permitted him to both debase himself (and Vienna) with populist politics of hatred while simultaneously carving out a space for himself to consort with the Hated Other, as he might choose.

Similarly, today, White “liberals” have decided to sell out liberalism to the leftist, totalitarian goons of the Progressive Speech Police. They’ll join the Progressives’ hate campaigns against free speech and free thought — but only when those campaigns are directed towards non-liberals.

Playing to the Progressive mobs just like Luegar played to the Vienna ones, White Liberals reserve themselves the power to both traffic in hateful intolerance, and except themselves and their friends from the claims they otherwise inflict on others.

They, and they alone, will decide who the Racists are.

In the case of the campaign to get Dan Snyder to rename the Washington Redskins (because it’s an offensive, racist epithet), Ace points out that some racist terms are more equal than others:

Obviously no one names a sports club after something they think is substandard, or shoddy, or weak, or useless. People always object to the Redskins name by using the same example — “Well, what would you say if someone named his baseball team the New York N*****s, huh?”

But that’s stupid. No one does that. No one would do that. Because “N****r” is inherently a demeaning term, and a hateful one, and no one — no one — names their sports clubs after things they hate.

They name them after things they respect, or wish to emulate, or wish to associate themselves with. Thus the large number of teams named after great cats, and bears, and stallions, and even the gee-whiz technology of the 50s (jets, rockets).

And as for clubs named after types of people, all those people have a positive association; in football, especially, a martial-themed sport if there ever was one, those positive associations all have to do with virility and deadliness in battle:

Vikings.

Raiders.

Buccaneers.

Warriors.

Fighting Irish.

Spartans.

You do not see “The San Francisco Coolie Laborers” in the lists of any sports teams, nor the “Boston Drunken Irish Wife-Batterers.” All team names are tributes to the group in the nickname.

Some team names implicitly specify a race/ethnicity — Vikings, Fighting Irish. There is no commotion over this — people understand that when someone names a team the “Vikings,” they mean it a positive way. They are speaking of the fury of the Northmen — and not, for example, their propensity to rape and reduce much of Europe to a constant Twilight in which civilization could never advance too far before being pillaged and raped into rubble.

Nor does anyone seriously think “the Fighting Irish” is really about the Irish’s well-known tendency to over-indulge in alcohol and then get their Irish up. (Oh, what a giveaway.) And that one really does actually step right on up to the line of being a slur against the Irish — but we understand the intent behind it is playful, and positive. (Mostly.)

In fact, White Liberals currently on their jihad against the name “Redskins” make an exception for other teams with Indian nicknames — Braves, Chiefs, Indians, all okay. Not racist, the White Liberals have decided, although it’s unclear how they’ve come to this conclusion.

All three names, after all, do reference a specific race — Native Americans — just as surely as “Redskins” does, and for the exact same reasons.

But White Liberals know the difference. White Liberals can tell you who the Racists are.

April 4, 2014

“Why do these bigots still have jobs? Let’s go get them”

Filed under: Business, Media, Politics, USA — Tags: , , , — Nicholas @ 08:45

In Slate, Will Saletan digs through the data to find the next set of targets:

Some of my colleagues are celebrating. They call Eich a bigot who got what he deserved. I agree. But let’s not stop here. If we’re serious about enforcing the new standard, thousands of other employees who donated to the same anti-gay ballot measure must be punished.

More than 35,000 people gave money to the campaign for Proposition 8, the 2008 ballot measure that declared, “Only marriage between a man and a woman is valid or recognized in California.” You can download the entire list, via the Los Angeles Times, as a compressed spreadsheet. (Click the link that says, “Download CSV.”) Each row lists the donor’s employer. If you organize the data by company, you can add up the total number of donors and dollars that came from people associated with that company.

The first thing you’ll notice, if you search for Eich, is that he’s the only Mozilla employee who gave to the campaign for Prop 8. His $1,000 was more than canceled out by three Mozilla employees who donated to the other side.

The next thing you’ll notice is that other companies, including other tech firms, substantially outscored Mozilla in pro-Prop 8 contributions attributed to their employees. That includes Adobe, Apple, Google, Microsoft, Oracle, Sun Microsystems, and Yahoo, as well as Disney, DreamWorks, Gap, and Warner Bros.

Thirty-seven companies in the database are linked to more than 1,300 employees who gave nearly $1 million in combined contributions to the campaign for Prop 8. Twenty-five tech companies are linked to 435 employees who gave more than $300,000. Many of these employees gave $1,000 apiece, if not more. Some, like Eich, are probably senior executives.

Why do these bigots still have jobs? Let’s go get them.

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.

Welcome to the church of SSM militant

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 07:20

A National Review editorial on the Mozilla CEO’s short tenure after being outed as a supporter of a Californian anti-SSM ballot initiative:

In 2008, Barack Obama and Brendan Eich both were against gay marriage. Senator Obama averred his support for the one-man/one-woman view of marriage, while Mr. Eich, a cofounder of the Mozilla web-browser company, donated $1,000 to support Proposition 8 — a California ballot initiative that had the effect of making Senator Obama’s avowed marriage policy the law in California, at least until a federal court overturned it on the theory that California’s constitution is unconstitutional. Barack Obama inexplicably remains, as of this writing, president of the United States of America, but Mr. Eich has just been forced out as CEO of Mozilla because of his political views.

The various tendencies that operate under the general heading of “gay rights” have had an extraordinary run of it in the past several years, in both the political and the cultural theaters. We now have a constitutional right to commit homosexual acts (Lawrence v. Texas), while Facebook offers at last count 56 different gender options to its users (trans with or without asterisk, genderqueer, neutrois, and two-spirit among them). Having won the battle in California, the sore winners are roaming the battlefield with bayonets and taking no prisoners. Mr. Eich’s donation had been a matter of public record for some years, but Eros is a jealous god, and he will have blood from time to time. Mr. Eich’s elevation to the chief executive’s position provided occasion for critics within his firm and without to make an example of him.

[…]

Again, it is in this case a matter of culture. The nation’s full-time gay-rights professionals simply will not rest until a homogeneous and stultifying monoculture is settled upon the land, and if that means deploying a ridiculous lynch mob to pronounce anathema upon a California technology executive for private views acted on in his private life, then so be it. The gay agenda of the moment is, ironically enough, to force nonconformists into the metaphorical closet. If through the miracle of modern medicine you end up with five sets of mixed genitals, you’ll get your own section in the California civil-rights statutes; cling to nearly universal views about marriage for a few months after it’s become unfashionable, and you’re an untouchable.

Unless, that is, you’re the anti-gay-marriage candidate that all the pro-gay-marriage people voted for in 2008, in which case you get a pass, apparently on the theory that everybody assumed you were being willfully dishonest for political reasons. (That assumption provides a relatively rare point of agreement between homosexual activists and the editors of this magazine.) There simply is to be no disagreement, no dissent, and no tolerance for other points of view.

Update: In Time, Nick Gillespie says there’s both good and bad aspects of this event.

Welcome to the brave new world of socially conscious… web-browsing. In the past, consumers might patronize certain businesses (Whole Foods, say, or Ben & Jerry’s) whose stated missions extended beyond increasing shareholder value and avoided others that might have politically objectionable CEOs or reputations for being anti-abortion (Domino’s Pizza, say) or public positions opposed to certain forms of birth control (Hobby Lobby, for instance). Now we’re boycotting free products such as Firefox and demanding companies dance to the tune called by customers. I think that’s a good thing overall — but it may end up being just as difficult for consumers to live with as it will be for corporations.

Whether you care about gay marriage or politically correct web experiences, Eich’s resignation shows how businesses respond to market signals. “Mozilla believes both in equality and freedom of speech. Equality is necessary for meaningful speech,” writes Mitchell Baker, the organization’s executive chairwoman, in announcing Eich’s stepping down. “And you need free speech to fight for equality. Figuring out how to stand for both at the same time can be hard.”

Just as the Internet has empowered consumers to find cheaper prices, more-extensive reviews, and a wider variety of goods than ever before, it’s also made it easier for them to call out companies for all sorts of dastardly actions, screw-ups, and problems. I like that OKCupid’s intervention wasn’t a call for government action to limit people’s choices or ban something. Indeed, OKCupid didn’t even block Firefox users from its site — rather, it politely asked them to consider getting to the site via a different browser.

April 1, 2014

Losing a debate? Demand that your opponents be locked up!

Filed under: Environment, Italy, Media, Politics, USA — Tags: , , , — Nicholas @ 08:57

Not, I’m afraid, an April Fool’s Day story:

Finally, someone has come up with a way to settle the debate over climate change: Put the people on the wrong side of the argument in cages.

A writer for the website Gawker recently penned a self-described “rant” on the pressing need to arrest, charge and imprison people who “deny” global warming. In fairness, Adam Weinstein doesn’t want mass arrests (besides, in a country where only 44% of Americans say there is “solid evidence” of global warming and it’s mostly due to human activity, you can’t round up every dissenter). Fact-checking scientists are spared. So is “the man on the street who thinks Rush Limbaugh is right. … You all know that man. That man is an idiot. He is too stupid to do anything other than choke the earth’s atmosphere a little more with his Mr. Pibb burps and his F-150’s gassy exhaust.”

But Weinstein’s magnanimity ends there. Someone must pay. Weinstein suggests the government simply try the troublemakers and spokespeople. You know, the usual suspects. People like Limbaugh himself as well as ringleaders of political organizations and businesses that refuse to toe the line. “Those malcontents must be punished and stopped.”

Weinstein says that this “is an argument that’s just being discussed seriously in some circles.” He credits Rochester Institute of Technology philosophy professor Lawrence Torcello for getting the ball rolling. Last month, Torcello argued that America should follow Italy’s lead. In 2009, six seismologists were convicted of poorly communicating the risks of a major earthquake. When one struck, the scientists were sentenced to six years in jail for downplaying the risks. Torcello and Weinstein want a similar approach for climate change.

This is a great standard for free speech in America. Let’s just agree that the First Amendment reads, “Nothing in this clause shall be considered binding if it contradicts legal practices in the Abruzzo region of Italy.”

The truth is this isn’t as new an outlook as Weinstein suggests. For instance, in 2009, New York Times columnist Paul Krugman insisted that “deniers” in Congress who opposed the Waxman-Markey climate change bill were committing “treason” while explaining their opposition on the House floor. (That same year, Krugman’s fellow Timesman Thomas Friedman wrote that China’s authoritarian system was preferable to ours, in part, because it lets “enlightened” leaders deal with climate change.)

March 30, 2014

“[E]very Ohio political candidate has escaped from a lunatic asylum and all Ohio ballot initiatives are the work of Satan”

Filed under: Humour, Liberty, Politics, USA — Tags: , , — Nicholas @ 10:11

P.J. O’Rourke finally made his mom proud by filing a brief of Amici Curiae to the US Supreme Court:

Ilya Shapiro, with a J.D. from the University of Chicago Law School, is Senior Fellow in Constitutional Studies at Cato and editor-in-chief of the Cato Supreme Court Review. He often files amicus briefs, especially in cases where constitutionally guaranteed rights are imperiled. But these briefs are serious in tone even though Ilya is funny in person.

He’s also self-effacing, saying, “There are people who know more about Constitutional law than I do, and there are people who are funnier than I am, but I do occupy the very small area of overlap in that Venn diagram.”

The Venn diagram seemed like the only proper approach to a law that would make you a criminal in Ohio for saying that Buckeye president William Howard Taft was so fat his wife had to grease the doorframe and tell him there was a banana cream pie in the Blue Room to get him into the White House.

The fight-a-laugh-with-a-laugh brief was Cato Legal Associate Gabriel Latner’s idea. He wrote the first draft. Cato Research Fellow Trevor Burrus added research. And more jokes. Then Ilya Shapiro took over. I was asked to read it and give it my endorsement because I am an expert on being run out of Ohio. Ask my mother.

Politico posted a condensed version of the brief, and I shared the byline with Ilya. On the Above the Law blog David Lat called it the “Best Amicus Brief Ever.” (Albeit that’s a low “bar” — notice how I casually toss in legal jokes now that I’m arguing a case before the Supreme Court.) And a lawyer friend of mine congratulated me on what he said was the first legal brief in history to go viral.

March 5, 2014

QotD: “Truthiness” and the First Amendment

Filed under: Humour, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 10:22

In modern times, “truthiness” — a “truth” asserted “from the gut” or because “it feels right,” without regard to evidence or logic5 — is also a key part of political discourse. It is difficult to imagine life without it, and our political discourse is weakened by Orwellian laws that try to prohibit it.

After all, where would we be without the knowledge that Democrats are pinko-communist flag-burners who want to tax churches and use the money to fund abortions so they can use the fetal stem cells to create pot-smoking lesbian ATF agents who will steal all the guns and invite the UN to take over America? Voters have to decide whether we’d be better off electing Republicans, those hateful, assault-weapon-wielding maniacs who believe that George Washington and Jesus Christ incorporated the nation after a Gettysburg reenactment and that the only thing wrong with the death penalty is that it isn’t administered quickly enough to secular-humanist professors of Chicano studies.

Everybody knows that the economy is better off under [Republican/Democratic]6 presidents — who control it directly with big levers in the Oval Office — and that:

    President Obama is a Muslim.
    President Obama is a Communist.
    President Obama was born in Kenya.
    Nearly half of Americans pay no taxes.7
    One percent of Americans control 99 percent of the world’s wealth.
    Obamacare will create death panels.
    Republicans oppose immigration reform because they’re racists.
    The Supreme Court is a purely political body that is evangelically [liberal/conservative].8

All of the above statements could be considered “truthy,” yet all contribute to our political discourse.

5. Wikipedia.com, Truthiness, http://en.wikipedia.org/wiki/Truthiness (last visited Feb. 28, 2014) (describing the term’s coinage by Stephen Colbert during the pilot of his show in October 2005). See also Dictionary.com, Truthiness, http://dictionary.reference.com/browse/truthiness (last visited Feb. 28, 2014).
6. Circle as appropriate.
7. 47 percent to be exact, though it may be higher by now.
8. Again, pick your truth.

Ilya Shapiro and P.J. O’Rourke, BRIEF OF AMICI CURIAE CATO INSTITUTE AND P.J. O’ROURKE IN SUPPORT OF PETITIONERS, Susan B. Anthony List v. Driehaus [PDF], 2014-02-28

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