Quotulatiousness

February 29, 2024

The incredibly harmful Online Harms Act

Michael Geist thinks a substantial part of the Online Harms Act should be removed:

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill, I identified the provisions as one of three red flags, warning that they “feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints”. There is no obvious need or rationale for penalties of life in prison for offences motivated by hatred, nor the need to weaponize human rights complaints by reviving Human Rights Act provisions on communication of hate speech. As more Canadians review the bill, there is a real risk that these provisions will overwhelm the Online Harms Act and become a primary area of focus despite not being central to the law’s core objective of mitigating harms on Internet platforms.

Indeed, these concerns are already attracting media coverage and were raised yesterday in columns and commentary from Andrew Coyne and Professor Richard Moon, who I think rightly describes the core provisions of the Online Harms Act as “sensible and workable” but notes that these other provisions are troubling. Bill C-63 is effectively four bills in one: (1) the Online Harms Act, which forms the bulk of the bill and is focused on the duties of Internet platforms as they respond to seven identified harms, (2) the expansion of mandatory child pornography reporting requirements to include those platforms, (3) the Criminal Code provisions, which opens the door to life in prison for committing offences that are motivated by hatred of certain groups, and (4) the changes to the Canadian Human Rights Act, which restores Section 13 involving communicating hate speech through the Internet as a discriminatory practice. The difference between the first two and the latter two is obvious: the first two are focused on the obligations of Internet platforms in addressing online harms, while the latter two have nothing directly to do with Internet platforms at all.

The Criminal Code and Human Rights Act changes originate in Bill C-36, which was introduced in 2021 on the very last sitting day of the Parliamentary session. The bill died on the order paper with an election call several weeks later and did not form a core part of either the online harms consultation or the 2022 expert panel on online harms. These provisions simply don’t fit within a legislative initiative that is premised on promoting online safety by ensuring that social media services are transparent and accountable with respect to online harms. Further, both raise legitimate concerns regarding criminal penalties and misuse of the human rights complaint system.

At the National Post, Carson Jerema points out that under the Online Harms Act, the truth is no defence:

As much as the Liberals want everyone to believe that their proposed online harms act is focused almost exclusively on protecting children from predators, and that, as Justice Minister Arif Virani said, “It does not undermine freedom of speech,” that simply isn’t true. While the legislation, tabled Monday, could have been much worse — it mercifully avoids regulating “misinformation” — it opens up new avenues to censor political speech.

Under the bill, condemning the Hamas massacre of 1,200 people on Oct. 7, could, under some circumstances, be considered “hate speech”, and therefore subject to a human rights complaint with up to $50,000 in penalties. As part of the new rules designed to protect Canadians from “online harms”, the bill would reinstate Section 13 of the Canadian Human Rights Act, the hate speech provision repealed under the Harper government.

The new version is more tightly defined than the original, but contains the same fatal flaws, specifically that truth is no defence and that what counts as hate speech remains highly subjective.

Under the new Section 13: “it is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination”.

It is distressingly easy to imagine scenarios where everyday political speech finds itself under the purview of the Canadian Human Rights Commission. Criticizing Hamas and the murderous ideology that motivates it could, to some, be seen as “likely to foment detestation or vilification” against a group, especially if the condemnation of Hamas notes that Palestinians generally support the terrorist group or that Hamas is driven by religious fanaticism.

Dan Knight calls it “the sequel no one asked for”:

Morning my fellow Canadians and lets break into the liberals latest sequel with Bill C-63 the its failed predecessor, Bill C-36, which is a sequel nobody asked for in the saga of online hate speech legislation. We’re witnessing a government’s second attempt to police what you can say online.

Now, the Liberal government in Canada initially put forward Bill C-36. This bill aimed to tackle extreme forms of hate speech online. It sought to bring back a version of a section that was repealed from the Canadian Human Rights Act in 2013. Why was it repealed, you might ask? Because critics argued it violated free speech rights. But here we are, years later, with the Liberals trying to reintroduce similar measures under the guise of combating hate speech. Under the proposed changes, folks could be fined up to $20,000 if found guilty of hate speech that identifies a victim. But here’s the kicker: the operators of social media platforms, the big tech giants, are initially left out of the equation. Instead, the focus is on individuals and website operators. Now, the government says it plans to hold consultations over how to make these social media platforms more accountable. But the details are hazy, and the timeline is, well, as clear as mud.

The justice minister of Canada has framed these amendments as a way to protect the vulnerable and hold individuals accountable for spreading hatred online. But let’s be clear: there’s a thin line between protecting individuals and infringing upon free speech. And that line is looking blurrier by the day in Canada. Critics, including the Opposition Conservatives, have voiced concerns that these measures could curb freedom of speech and be difficult to enforce. They argue that the government’s efforts might not just be about protecting citizens but could veer into controlling what can and cannot be said online. And when the government starts deciding what constitutes “hate speech”, you have to start wondering: Who gets to draw that line? And based on what standards?

And, just when you thought it couldn’t get any more Orwellian, enter the pièce de résistance: the Digital Safety Commission of Canada. Because, clearly, what’s missing in the fight against “hate speech” is another layer of bureaucracy, right? Another set of initials to add to the alphabet soup of governmental oversight. So, here’s the deal: this newly minted commission, with its CEO and officers — oh, you better believe there will be officers — is tasked with overseeing the online speech of millions. And let me tell you, nothing says “independent” like a government-appointed body policing what you can and cannot say on the internet. I can just imagine the job postings: Now Hiring: Online Expression Regulators, proficiency in silencing dissent highly valued.

February 20, 2024

Pronoun mandates – “It would be like being told to announce the colour of your aura every time you began a conversation”

Filed under: Liberty, Media, Politics — Tags: , , , — Nicholas @ 03:00

Following up on Brendan O’Neill’s report from last week, Andrew Doyle explains why it’s essential for sensible people to resist compelled speech, which these mandatory pronoun declarations clearly are:

This is how it begins. “Why not add your pronouns to your email signature?” “Why not announce your pronouns at the beginning of meetings?” “Why not encourage your staff members to ask for pronouns in day-to-day conversation?” After all, it’s just about being compassionate and creating a more “inclusive” work environment. Only a bigot would object to that …

It’s this kind of skewed reasoning that has led to the firing of Fran Itkoff, a 90-year-old volunteer for the National Multiple Sclerosis Society in the USA, who simply expressed confusion when faced with a request that she add pronouns to her emails. “I had seen it on a couple of letters that had come in after the person’s name”, Itkoff said in an interview, “but I didn’t know what it meant”.

[…]

Like the vast majority of the population, I use pronouns to denote the biological sex of the person to whom I’m referring. And I certainly would not comply if commanded to declare my own due to my innate aversion to any form of compelled speech. The lessons of history are clear: when those in authority begin to demand the use of certain phrases, they have taken the first step on the pathway to tyranny. I do not wish to see a future in which we are forced to stand in lockstep and chant the approved slogans of the ruling class.

Of course, the declaration of pronouns is far removed from any such scenario, but the principle to me is sacrosanct. I will not be told what to say by anyone, least of all those who claim to know what is best for the good of society. Authoritarians have always couched their demands in faux-benevolence, and we have seen how gender ideologues have a particular tendency to viciousness and bullying. “Be kind … or else” is not a maxim to which I am willing to capitulate.

To ask for pronouns in the workplace is the equivalent of suggesting that employees pledge fealty to a deity they do not worship. It is a kind of test, a way to ensure that the tenets of Critical Social Justice – otherwise known as “wokeness” – are being observed. Spinoza argued that for any man to “be compelled to speak only according to the dictates of the supreme power” is a violation of his “indefeasible natural right” to be “the master of his own thoughts”. Once you agree to make statements in favour of a belief-system you do not hold, you are surrendering your agency to those who will exploit it.

While the declaration of pronouns remains a purely voluntary matter, it is fair to say that no-one’s free speech is being violated. But the consequences for non-compliance in the workplace are becoming increasingly severe. Members of staff are passed over for promotion, they are smeared as unreconstructed bigots and “transphobes”, and eventually shunned and isolated. I have written before about friends of mine in the acting profession who feel uncomfortable in stating pronouns at the beginning of rehearsals, but know that they are unlikely to be recast if they refuse. This may not be compulsion, but it is coercion.

February 19, 2024

The heirs of Walter Ulbricht

Filed under: Germany, Government, Liberty, Politics — Tags: , , — Nicholas @ 05:00

Chris Bray linked to this fascinating — and depressing — report on the German government’s plans to crack down on “extreme” “right-wing” groups and individuals … to “protect our democracy”, of course:

After Germany’s defeat in 1945, Walter Ulbricht returned from exile in Moscow to become one of the founding politicians of the DDR. The new state, he said, “must look democratic, but we must have everything under control“. It has been 80 years since Ulbricht spoke those words, and while the DDR has faded away, their spirit lives on in the political establishment of the Federal Republic. Our present rulers are doing everything in their power to re-establish pseudodemocracy in the West. This is not a mere eugyppius exaggeration, and it is not sensationalism for internet clicks. It is what our politicians themselves are saying.

As in the DDR, we hear that these antidemocratic measures are necessary to protect us from the threat posed by the right. The truth is much more mundane: Germany has one of the oldest party systems in Europe. As has already happened in many other countries, this post-war establishment is coming apart. While our neighbours have endured the rise of new parties and political structures with some measure of equanimity, our cartel politicians in Germany are terrified of losing power, and they will use all the tools at their disposal to keep hold of it – up to and including the suspension of democracy itself.

Alternative für Deutschland find themselves in the targets of our nominally democratic priesthood not because they are extremely right-wing, or racist, or xenophobic or anything like that. Politically, they’re hardly different from the CDU of the 1980s. Their real crime is having achieved enough strength to threaten the establishment ecosystem. The stronger AfD become, the harder it will prove for the reigning parties to form anti-AfD coalitions. [my emphasis, NR] Some of these parties, like the FDP, seem destined to disappear entirely; others, like the SPD, fear a future of permanent irrelevance. The once-dominant centre-right CDU, meanwhile, will find itself unable to form workable governments with partners on the left, and thus without any excuse not to enact the mild nationalism that a clear majority of voters demand, and that is so deeply out of fashion with our globalist rulers.

This is the purpose of the unceasing, astroturfed agitation “against the right” that the establishment have visited upon Germany for over a month now. The protests have not worked to destroy support for the AfD, so now they are being repurposed as a license to take enforcement action against “right-wing extremism”. Interior Minister Nancy Faeser (SPD) said at a press conference on Tuesday that the protests have given her both “encouragement” and a “mandate” to proceed against the right. “This really is a very positive signal,” she said, “because it is about defending our open society against its enemies. As a democracy on the defence, we must stand up to the extremists.”

Faeser spoke these words in the course of announcing a range of measures via which she hopes to combat “right-wing extremism”. These are also outlined in a 16-page Interior Ministry paper on “Resolutely Combating Right-Wing Extremism: Using the Instruments of Defensive Democracy“. Here, it is important to note that Faeser is among the most unpopular politicians in all of Germany. Last year she suffered a humiliating defeat in her effort to become Minister President of Hessen, and 60% of Germans view her unfavourably. That is powerful motivation to bring German democracy back under control. Her “package of measures” to combat “the right” are some of the most openly antidemocratic, dictatorial policies I have ever seen any Western politician articulate. In other nations these kinds of things are surely said behind closed doors, but in Germany they are printed in all the major papers. You can only imagine what these people contemplate in secret. [again, my emphasis. We already know that at least one Canadian government minister wanted to send the tanks in against the Freedom Convoy in 2022 – NR]

Faeser and her fellow political enforcers have such a wide-ranging, fluid understanding of what “right-wing extremism” constitutes, that the label can be deployed against basically anybody. The Interior Ministry paper claims that “The aim of right-wing extremists is to abolish liberal democracy and reshape our society according to their nationalist, racist and anti-pluralist ideas”. You might think, “well, that’s okay then, I’m a pluralist liberal,” but that would be as naive as thinking you were safe from the Stasi because you were not a fascist. The same paper proceeds to complain that “the extremist … New Right … aims to discuss topics and use terms that give their inhuman plans a harmless appearance”. Translated from democratese: “There are people out there who are not saying anything illegal but they have made themselves inconvenient anyway”. The president of the Federal Office for the Protection of the Constitution, Thomas Haldenwang, likewise spoke at the press conference of the tendency of “right-wing extremists” to “dress up and camouflage themselves”. They must “be unmasked and exposed … [as] enemies of our democracy”.

This construction of “right-wing extremism” as a cryptic, hidden quality that requires unveiling by the political police is unimaginably dangerous. You are never safe from a regime that thinks this way, because what you actually say, do or even believe doesn’t matter. You are guilty of “right-wing extremism” if Haldenwang’s office thinks you are. This flexibility is important, because the establishment are not actually interested in driving out zombie National Socialists. They want to neuter the political opposition, whatever its form or programme.

February 17, 2024

The pronoun police claim another scalp

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 04:00

Brendan O’Neill recounts the very sad tale of a 90-year-old woman who has been cancelled by the charity she’d volunteered for over 60 years for questioning mandatory “preferred pronouns”:

Two people at EuroPride 2019 in Vienna holding an LGBTQ+ pride rainbow flag featuring a design by Daniel Quasar; this variation of the rainbow flag was initially promoted as “Progress” a PRIDE Flag Reboot.
Photo by Bojan Cvetanović via Wikimedia Commons.

This strange case tells us so much about our times. It confirms that pronounology is tantamount to a religion among the godless new elites. Showy declarations of one’s pronouns play an entirely doctrinal role. They’re the means through which the new establishment – and those who aspire to enter its rarefied ranks – signal their fealty to the god of political correctness, and to that especially angry god of transgenderism. This is why anyone, like Mrs Itkoff, who questions the faddish mumbo jumbo of putting “he / him”, “she / her” or “they / them” after one’s name must be dealt with severely – because they’re not only querying a way of speaking; they’re blaspheming against the entire cult of correct-thought that the new elites have built in order that they might distinguish between good people and bad people, between in-group folk and out-group folk.

Ostentatious pronoun declaration serves no practical purpose. Consider that even Joe Biden has declared his pronouns. No one is going to mistake this 81-year-old fella for a she / her or they / them. We know dozy old Joe’s a bloke. No, he says “he / him” not to be helpful but to signal his unswerving allegiance to elite opinion, to demonstrate his devotion to the new ruling ideologies. This is why the political class, the corporate world and sharp-elbowed youths who want to get their hands on those levers of cultural power make such a big deal of declaring their pronouns – because they know this religious incantation is a door-opener par excellence.

The reason I never use “preferred pronouns” is simple: I don’t subscribe to the neo-religion of gender ideology, which would have us believe that there are two you’s – your mysterious inner gendered soul and your outward biological appearance. Every time we declare our pronouns, or genuflect to someone else’s “preferred pronouns”, we are implicitly buying into this very modern delusion, this woke hocus pocus. I’m with Mrs Itkoff – the idea that people can choose their pronouns, rather than being allocated pronouns that accord with the truth and reason of their biological sex, doesn’t “make sense to me”.

The Itkoff case also confirms how cavalierly despotic woke has become, especially its post-sex, post-truth trans wing. The trans ideology has enacted numerous cruelties on women. Rapists in women’s prisons, men in women’s domestic-violence shelters, women’s sports almost entirely upended by an invasion of mediocre blokes who’ve changed their name to Crystal or whatever – there is no female right, no basic tenet of decency, that cannot be sacrificed at the altar of gender validation. Now, even the charitable urges of an elderly lady can be thrown on to the bonfire of the cruelties – goodness erased in the name of never offending men who think they’re women. That so-called progressives back this sacrifice of women’s right to organise and speak as they see fit in the name of appeasing delusional men is concerning in the extreme.

Then there’s the ageism. We need to talk about the searing hostility of the woke towards older people, especially older women. You don’t even have to be 90. Witness the ceaseless haranguing of “Karens”, a derogatory term for middle-aged, mostly white women who dare to stand up for themselves in public. They’ve become the hate figures of our time. The author Victoria Smith refers to it as “hag hate”, an “ageist misogyny” aimed at women who are perceived not only to be past their supposed sell-by date, but also, even worse, to be possessed of “incorrect” beliefs. The old ducking of hags in open water has been replaced by the shaming of hags on open web forums.

Partly, it’s just old-world ageist sexism rehabilitated in PC lingo. It should not be surprising that the cult of transgenderism – an ideology that indulges men’s jealous coveting of the hyper-sexualised female body – should be so staggeringly hostile to older women. To women who have “sagged”, whether physically or morally, and thus put themselves beyond the cravings of trans activists who seem to value only the young, the pert, the sexualised. That women are human beings, who go through every stage of human existence, seems to be beyond the moral grasp of trans ideologues for whom womanhood is costume and little more.

But there’s something else going on, too. Today’s fashionable ageism is not only misogynistic – it’s Maoist. When I read about the case of Fran Itkoff, it was Maoism that came to mind. For wasn’t that also a crusade against “the old”? Those hotheaded cancellers of 1960s China openly declared war on the “Four Olds” – old ideas, old culture, old customs and old habits. They demonised and tortured those who gave voice to “old” ideals. Are we not witnessing something similar today? Statues of “problematic” historical figures are torn down, “offensive” old literature is rewritten, old people – like Fran – are sent into social oblivion. Wokeness is Maoism with better PR. We need to do something about it before we arrive in a world where people like Mrs Itkoff are not only cancelled but are also made to stand in public squares with placards around their necks identifying them as rancid old wrongthinkers. It is time to defend “the old” from the crazed young of the woke crusade.

February 16, 2024

“Someone implying that being blocked on Twitter is somehow a violation of their free speech is the fastest way you can tell people you don’t understand free speech”

Filed under: Books, Liberty, Media, Technology — Tags: , , — Nicholas @ 03:00

Andrew Doyle likes being able to block other users from polluting his social media experience, and explains that “free speech” does not grant anyone a guaranteed audience:

How do we argue with those who are incapable of argumentation? This is a question I’ve been grappling with for some time. If your child is demanding sweets before dinner, screaming like a banshee and committing various acts of domestic vandalism, you have few options. You might attempt to initiate a debate, outlining the pros and cons of ingesting unhealthy food in advance of a nutritious meal, but this strategy will invariably fail. In the end, you’ll just have to tell the little brat to shut up and do what he’s told. Or, better still, avoid having children in the first place.

Many of us will have experienced something similar on Twitter (or X, if you insist). Something about the platform has the effect of curdling the sweetest Dr Jekylls into the most repugnant of Mr Hydes. And when someone just bleats insults, or mischaracterises your views, or generally cannot engage in good faith, the best thing to do is to block them. You don’t owe anyone your time and attention, and you’ll only drive yourself insane trying to reason with the unreasonable. Most clever adages end up being attributed to Mark Twain whether he wrote them or not, and this one is no exception: “Never wrestle with a pig; you just get dirty and the pig enjoys it”.

One of the best things about withdrawing from Twitter is that I am no longer bombarded by complaints that my blocking people on the platform proves that my commitment to free speech is inauthentic. The typical tactic is to screenshot the cover of my book Free Speech and Why It Matters as a kind of “gotcha” to illustrate my hypocrisy. And while I am grateful for the publicity, it does get rather tedious having to explain this most common and basic of misapprehensions. The podcaster Stephen Knight put it rather succinctly: “Someone implying that being blocked on Twitter is somehow a violation of their free speech is the fastest way you can tell people you don’t understand free speech”. Instead of smugly posting images of my book, perhaps they ought to read it instead.

In a surreal twist, my blocking habits on Twitter recently made the news. Just after Christmas, an article by Pierra Willix was published in the Metro with the headline: “Confusion as GB News presenter who champions ‘free speech’ blocks critics”. In truth, I have never blocked anyone for polite criticism; I welcome it. And while it goes without saying that nobody expects factual accuracy from the Metro, we should be concerned that an individual who aspires to make a living in journalism does not appear to understand the concept of free speech.

Willix has fallen for what Helen Pluckrose and James Lindsay have called “the fallacy of demanding to be heard“. They make the point that just as freedom of religion incorporates freedom from religion, the right to speak and listen also entails the right not to speak and listen. If you’ve ever received an unwelcome phone call and hung up, you have not impeded on the caller’s rights. If you choose not to read my books, I cannot claim to have been censored. If you block someone on social media, all it means is that you’re not interested in what they’ve got to say. I’ve been blocked by hundreds of people online and, although this clearly reflects poorly on their taste and judgement, my freedom of speech remains intact.

February 14, 2024

“… one of the most contemptible pieces of legislation since the introduction of the Indian Act in 1876″

Filed under: Cancon, Media, Politics — Tags: , , , , , — Nicholas @ 03:00

In the National Post, Stephen Buffalo explains why many Canadian First Nations people are angry with NDP MP Charlie Angus for his recently introduced Private Member’s Bill in Parliament:

“Charlie Angus at convention 2023 2 (cropped)” by DrOwl19 is licensed under CC BY-SA 4.0 .

First Nations people used to consider NDP MP Charlie Angus an ally, as he has been outspoken on issues of Indigenous poverty and government mismanagement. Canadians do not want to know what many Indigenous people are calling him these days.

Last week, Angus tabled a private member’s bill, C-372, that is one of the most contemptible pieces of legislation since the introduction of the Indian Act in 1876. Angus’ proposed fossil fuel advertising act would outlaw oil and gas advertising and the “promotion” of fossil fuels, even by some private citizens. If passed, this would be the most egregious attack on civil liberties in recent Canadian history.

It is astonishing that an experienced parliamentarian like Angus could bring such nonsense forward. All Canadians, of all political stripes, should be outraged at this attempt to stifle public discussion.

Through actions like this, Angus and his environmental supporters — like the Sierra Club, Suzuki Foundation, Earthjustice, Greenpeace, 350.org and others — have shown themselves to be no fans of Indigenous peoples. These single-minded environmentalist organizations ignore the interests of First Nations, Metis and Inuit communities, except when they want to impose their will on them.

Angus has thrown his lot in with the wrong people. They are happy to tell us what to do on energy and environmental matters. But they are never around to fix our water issues, health-care problems, housing crises and rampant drug challenges. They clearly want Indigenous people to stay silent and follow their lead. No wonder many Indigenous folk describe environmentalists as the “new missionaries”.

While some of our members share the views of Angus and his ilk, most First Nations people support carefully managed resource and infrastructure development. We need our own resource revenue to break free from our dependence on government and to chart our own futures. Indigenous communities finally have prosperity and independence in sight.

People like Charlie Angus may agonize over our hardships, but they are content to maintain the Indian Act-style paternalism that created so much of the pain we endure. They must back off. First Nations, Metis and Inuit folk will not accept being shut up and will not tolerate people trying to tell us how to use our land and our resources.

February 11, 2024

Charlie Angus, Canada’s one-man campaign for struggle sessions, re-education, and prison for people who say things he doesn’t like

In the National Post, Tristin Hopper imagines the inside thoughts of NDP MP Charlie Angus, who introduced a Private Member’s Bill this week to criminalize speech that even hints at not being fully onboard with Team Climate Catastrophe, especially anything supporting the use of fossil fuels:

“Charlie Angus at convention 2023 2 (cropped)” by DrOwl19 is licensed under CC BY-SA 4.0 .

Monday
It’s an odd thing to work in the House of Commons; a place where the country’s most cynical, power-mad misanthropes are gathered together into one distilled mass of treachery.

This is why I aligned myself with the only true bastion of moral rectitude in this wretched, faithless town. The NDP does not court power, and thus remains untainted by it. Only by insulating ourselves against the corrupting lure of ambition can we truly know we are on the right side of history.

And today, more than ever, I know the only true moral course is to introduce a federal program of jailing any Canadian who expresses positive opinions of a non-renewable fuel source. Not every Canadian, mind you, just those who can’t provide evidence that an oil company doesn’t indirectly benefit them in some way.

Tuesday
As predicted, the usual agents of disinformation have libelled my bill as “illiberal” or “fascistic”. We’ll prescribe appropriate criminal consequences for this kind of mendacity in due course, but for now I would only ask these deceit-merchants to consider what we’re up against.

Oil companies are, quite literally, the knowing architects of the complete destruction of the human race. If the so-called “market” had been left to its own devices, the world would currently be a utopia of bottomless green energy. But instead, the oil and gas industry has tricked humanity into believing that fossil fuels are bringers of anything except slavery.

Against this kind of perfidy, I was forced to devise legislation that was broad enough to eliminate any conceivable loophole. If we banned pro-oil commercials, they would simply pour their advertising dollars into billboards. If we banned billboards, they would start embedding secret pro-gasoline messages in popular music. If we banned that, they would train armies of crows to attack e-cyclists while cawing the words “Suncor” and “pipelines”.

And you know what they would say when I tabled a bill to ban the attack crows? They would call it “illiberal”.

December 12, 2023

La trahison des intellectuels modernes

Filed under: Education, France, Germany, History — Tags: , , , , — Nicholas @ 05:00

Niall Ferguson explains why the situation in Europe in the late 1920s persuaded Julien Benda to publish the famous La trahison des clercs … and how similar the situation in western academia is to a century ago:

In 1927 the French philosopher Julien Benda published La trahison des clercs — “The Treason of the Intellectuals” — which condemned the descent of European intellectuals into extreme nationalism and racism. By that point, although Benito Mussolini had been in power in Italy for five years, Adolf Hitler was still six years away from power in Germany and 13 years away from victory over France. But already Benda could see the pernicious role that many European academics were playing in politics.

Those who were meant to pursue the life of the mind, he wrote, had ushered in “the age of the intellectual organization of political hatreds”. And those hatreds were already moving from the realm of the ideas into the realm of violence — with results that would be catastrophic for all of Europe.

A century later, American academia has gone in the opposite political direction — leftward instead of rightward — but has ended up in much the same place. The question is whether we — unlike the Germans — can do something about it.


For nearly ten years, rather like Benda, I have marveled at the treason of my fellow intellectuals. I have also witnessed the willingness of trustees, donors, and alumni to tolerate the politicization of American universities by an illiberal coalition of “woke” progressives, adherents of “critical race theory”, and apologists for Islamist extremism.

Throughout that period, friends assured me that I was exaggerating. Who could possibly object to more diversity, equity, and inclusion on campus? In any case, weren’t American universities always left-leaning? Were my concerns perhaps just another sign that I was the kind of conservative who had no real future in the academy?

Such arguments fell apart after October 7, as the response of “radical” students and professors to the Hamas atrocities against Israel revealed the realities of contemporary campus life. That hostility to Israeli policy in Gaza regularly slides into antisemitism is now impossible to deny.

I cannot stop thinking of the son of a Jewish friend of mine, who is a graduate student at one of the Ivy League colleges. Just this week, he went to the desk assigned to him to find, carefully placed under his computer keyboard, a note with the words “ZIONIST KIKE!!!” in red and green letters.

Just as disturbing as such incidents — and there are too many to recount — has been the dismally confused responses of university leaders.

December 10, 2023

“The peasants are revolting!”

Filed under: Media, Politics, USA — Tags: , , — Nicholas @ 05:00

Chris Bray says we’re back to aristocracy:

What do Americans think of vitriolic language directed at government?

Remember that Superior Court Judge William Fahey has just tentatively ruled, in a First Amendment lawsuit over the decision by the Los Angeles County Department of Public Health to forbid public comments on its social media posts, that the county has not engaged in viewpoint discrimination, because the public is yucky:

Comments were closed to the public because many were “extreme” and vitriolic; therefore, no First Amendment violation has occurred. Government cannot discriminate against your viewpoint if your viewpoint is extreme, or if it’s expressed too strongly; the First Amendment only protects inoffensive expression.

The lowest-hanging fruit for the counterargument is all in New York Times Company v. Sullivan, in which a quite liberal Supreme Court repeatedly and very clearly spelled out the American standard for the criticism of government. Justice Arthur Goldberg, in a concurring opinion: “In my view, the First and Fourteenth Amendments to the Constitution afford to the citizen and to the press an absolute, unconditional privilege to criticize official conduct despite the harm which may flow from excesses and abuses”.

This is how the Supreme Court showed up in 1964 to start thinking about a case involving the limits of speech about public officials; as Justice William Brennan, Jr. wrote in the majority opinion, “we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”

Compare that conclusion to the argument that government has not engaged in viewpoint discrimination, because it banned comments only in the context of being addressed with vitriol. We didn’t say we didn’t didn’t like their viewpoint; we just said that their opinions were too extreme.

But here’s the important thing about New York Times Company v. Sullivan: it’s a history lesson. The majority opinion quotes James Madison and John Stuart Mill, and examines debates over public speech in the early republic. Looking at the national past and its political sources, they saw only the idea that government officials may properly be addressed with whatever degree of firmness citizens choose to apply. American politics were never polite, and were never thought to be. The tumult of a democratic republic, Tocqueville wrote, “begins in the lowest ranks of the people”, storming the seats of government to shout their disapproval:

“… if he happens by chance to become heated”. That wasn’t pathology or exception; a French observer touring America thought that heated denunciations of government were signs of … a weekday. A scholar of early American politics has written colorfully about the way national officials limited the aggressiveness of attacks on their character: they shot each other, or threatened to.

November 21, 2023

“I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”

Filed under: Europe, Law, Liberty, Politics, Religion — Tags: , , — Nicholas @ 04:00

In First Things, Sean Nelson recounts the trials of Päivi Räsänen, a Finnish parliamentarian who has been through several years of legal tribulation for expressing her religious views publicly:

Päivi Räsänen, Finnish parliamentarian
Finnish government photo via Wikimedia Commons.

“Blessed is the man who perseveres in the trial,” declares the Epistle of James. Finnish Member of Parliament Päivi Räsänen should count herself doubly blessed this week. She has now persevered through two trials over more than four years of legal troubles brought on merely for expressing her Christian faith. Following both trials, she has not only been acquitted, but also has been a shining example of a modern Christian life fearlessly lived.

On Tuesday, a Finnish Court of Appeal unanimously found MP Räsänen not guilty under Finland’s “hate speech” laws. If the decision stands — there is still a possibility of appeal to Finland’s Supreme Court — it will represent a bulwark for Christians and all people of good will wishing to live out their faith and contribute to social conversations over contentious issues.

Räsänen’s legal saga began on June 17, 2019. On that day, she tweeted a criticism of her church’s participation in a Helsinki Pride parade. She also included a picture of verses from her home Bible. Her case has come to be known as the “Bible Trial”.

Because she is a long-serving member of Parliament and a former Minister of the Interior, her tweet drew the ire of Finnish officials. While an initial police investigation found nothing criminal in her tweet — even writing that sounds absurd — the prosecutor’s office re-opened the matter to comb through her entire history of public utterances. The Helsinki prosecutor came back with an allegedly offensive pamphlet published in 2004 and a live radio interview from 2019. Räsänen was then charged with three counts of “hate speech” under a criminal code provision originally related to war crimes.

During her first trial in January 2022, the Helsinki prosecutor probed Räsänen with theological questions. Was it really possible to separate sin from the sinner, and condemn the former while loving the latter? Basic Christian belief rests on the distinction, as Räsänen explained, but the prosecutor was not convinced. Räsänen reflected at the time, “I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”.

In March 2022, the trial court delivered a resounding victory for Räsänen, unanimously finding her not guilty. “It is not for the district court to interpret biblical concepts,” it said.

October 9, 2023

“Wildly popular public sentiment is disorder, and has to be restrained”

Chris Bray outlines one of the many (many) ways that elected officials are insulating themselves from the voters who elected them to ensure that they only hear what they want to hear from the public … and as little of it as they can get away with:

Wildly popular public sentiment is disorder, and has to be restrained. So here, let’s start with something vital and interesting, and then work our way through the process a local government is using to kill it. As always, the point about this local story isn’t just the local story, since versions of this are happening all over the country (and with federal assistance).

Early last year, an angry Virginia mom spoke to the Prince William County school board, blasting mask mandates in schools. Her fiery three-minute speech went viral, until YouTube, which now seems to mostly exist to prevent discussion, killed it:

It’s back, in a less-watched version that YouTube hasn’t gotten around to cancelling yet:

Here’s a version on Rumble, if you’d rather watch it there, but Substack doesn’t embed Rumble video.

The second thing to notice in that video, after you notice the clarity and strength of Merianne Jensen’s comments, is the response: an enormous audience of parents shouting and cheering in support as another parent sharply criticizes school district policy. The public is present for a government meeting, and the public is engaged. Citizens are participating, enthusiastically and in large numbers, which is supposed to be a thing we regard as an ideal.

[…]

Public comment is limited to one hour, full stop, no matter how many people wish to speak, and no matter how urgent a controversy before the board might be. The public — the entire public — gets an hour. But, second, that hour is alloted through an application process in which people who wish to speak to the school board fill out an online form that a clerk then evaluates and processes, deciding whether or not a request to speak will be granted. Detailed contact information is required before the school district will consider your request to speak, and national organizations and other outsiders have no right to speak at all, since public comment is limited to verified residents of the county. The form is a masterpiece of passive-aggressive nudging, communicating with great clarity that your desire to offer public comment is merely being tolerated. Read this carefully, because in a few minutes we’re going to get to the pernicious way this system is now being gamed:

    This form does NOT confirm your request to be added to the list of speakers for Citizen Comment Time. You will receive a separate email indicating the status of your request. As a reminder, speakers are signed up to speak on a first-come, first-served basis.

    Thank you again for your interest.

    Citizens may sign up to be placed on the list of speakers for the citizen comment period starting at 8:00 a.m. on the Saturday immediately preceding the School Board meeting at which the citizen wishes to speak. Requests received prior to 8:00 a.m. on the Saturday immediately preceding the School Board meeting will not be honored. Speakers will be signed up on a first-come, first-served basis, ending at noon on the day of the meeting. The sign-up list will close once the number of total speakers who have signed up reaches twenty and there will be no sign-up thereafter, nor at the meeting.

That last sentence will become important: twenty commenters are signed up in advance, in the order in which they apply, and then the list for public comment is closed, the end. Can you see where this is going?

Before we get there, I’ll just note that a more detailed board policy on comments, available here, adds that the board chairman can end a public comment session, and ask school district security to remove speakers, if a commenter wanders into “inappropriate topics” or a tone the board regards as uncivil. You can feel the spontaneity and openness being drained.

August 18, 2023

When your friendly local bank turns into a branch of the Stasi

Theodore Dalrymple on the British bank — probably not the only one to do things like this — that compiled a “dossier” of information on one of their long-term clients with a view to de-banking him, his family, and associates. It might have worked if the client was a private citizen with no particular public profile, but the client was someone who absolutely is not that kind of man:

The following day, [National Westminster Bank CEO Alison] Rose resigned, admitting to “a serious error of judgment”. The value of the bank fell by more than $1 billion.

The weasel words of Ms. Rose and the bank board are worth examination. They deflected, and I suspect were intended to deflect, the main criticism directed at Ms. Rose and the bank: namely, that the bank had been involved in a scandalous and sinister surveillance of Mr. Farage’s political views and attempted to use them as a reason to deny him banking services, all in the name of their own political views, which they assumed to be beyond criticism or even discussion. The humble role of keeping his money, lending him money, or perhaps giving him financial advice, was not enough for them: they saw themselves as the guardians of correct political policy.

It was not that the words used to describe Mr. Farage were “inappropriate”, or even that they were libelous. It is that the bank saw fit to investigate and describe him at all, at least in the absence of any suspicion of fraud, money laundering, and so forth. “The error of judgment” to which Ms. Rose referred was not that she spoke to the BBC about his banking affairs (it is not easy to believe that she did so without malice, incidentally), but that she compiled a dossier on Farage in the first place — and then “error of judgment” is hardly a sufficient term on what was a blatant and even wicked attempt at instituting a form of totalitarianism.

This raises the question of whether one can be wicked without intending to be so, for it is quite clear that Ms. Rose had no real understanding, even after her resignation, of the sheer dangerousness and depravity of what the bank, under her direction, had done.

As for the board’s somewhat convoluted declaration that “after careful consideration, it concluded that it retains full confidence”, etc., it suggests that it was involved in an exercise of psychoanalytical self-examination rather than of an objective state of affairs: absurd, in the light of Ms. Rose’s resignation within twenty-four hours. The board, no more than Ms. Rose herself, understood what the essence of the problem was. For them, if there had been no publicity, there would have been no problem: so when Mr. Farage called for the dismissal of the board en masse, I sympathised with his view.

QotD: Everyone’s a woke cop

The woke world is a world of snitches, informants, rats. Go to any space concerned with social justice and what will you find? Endless surveillance. Everybody is to be judged. Everyone is under suspicion. Everything you say is to be scoured, picked over, analyzed for any possible offense. Everyone’s a detective in the Division of Problematics, and they walk the beat 24/7. You search and search for someone Bad doing Bad Things, finding ways to indict writers and artists and ordinary people for something, anything. That movie that got popular? Give me a few hours and 800 words. I’ll get you your indictments. That’s what liberalism is, now — the search for baddies doing bad things, like little offense archaeologists, digging deeper and deeper to find out who’s Good and who’s Bad. I wonder why people run away from establishment progressivism in droves.

I read about the PWR BTTM accusations. They’re disturbing. I take them seriously. But these guys have had their careers erased overnight, and the idea that we have any responsibility to give them the chance to defend themselves is treated like you took part in their alleged crimes. You simply cannot say, in polite society, “basic fairness requires us to avoid a rush to judgment and to give people the right to respond to accusations”. To do so gets you lumped in with the criminals. Like a friend of mine said, “the only acceptable reaction to an accusation is enthusiastic and unqualified acceptance”. I don’t know how people can simultaneously talk about prison abolition and restoring the idea of forgiveness to literal criminal justice and at the same time turn the entire social world into a kangaroo court system. Like I wrote once, we can’t simultaneously be a movement based on rehabilitation and restorative justice AND a viciously judgmental moral aristocracy. You know who thinks everybody’s guilty until proven innocent? Cops. You know who thinks people don’t deserve the right to defend themselves? Cops. You know who says those who defend basic fairness and due process are as bad as criminals themselves? Cops.

Freddie deBoer, “Planet of Cops”, reposted by Jesse Singal, originally published 2017-05-17.

July 24, 2023

Revolutionary boredom

Filed under: History, Media, Politics, USA — Tags: , , , , , — Nicholas @ 04:00

Chris Bray rises to passionately denounce [Comrade to be named later] as a traitor to the revolution who must be purged from the movement instantly!

Well-written histories of the Great Terror or the Cultural Revolution — or of the final years of the Roman republic, say for example — have the strange effect of becoming incredibly boring. The 94th bonfire of humanity, appearing on page 678, resembles the previous 93 bonfires. The grim machine of political purges makes brutal depravity tedious. Commissar X, Commissar Y, and Commissar Z run the Committee to Kill Wrongthinkers; then, and you always see this coming, Commissar X, Commissar Y, and Commissar Z are declared to be wrongthinkers, and are tossed on their own bonfire. The managerial tier is always consumed by its own instrument. Purge culture is the center of a politics of repression, the inevitable dynamic of a system that has degenerated to the stage of an unprincipled grasping for status and position. Someone was denounced yesterday; someone is being denounced today; someone will be denounced tomorrow.

The “Gang of Four” on trial in 1981.

In two instances, now — the frenzied shark attack on Matt Taibbi and Michael Shellenberger, and the obviously insane response to RFK Jr. this week — prominent House Democrats have mimicked a cultural style that should be extremely familiar to anyone who has read some history. Debbie Wasserman Schultz is so fascinatingly horrible a figure that she echoes, a bug-eyed ranting halfwitted sociopath with a hollow core like a long historical line of hollow bug-eyed sociopaths. These are the people who are drawn to destructive political stages. Repellent and ascendant, they call to others of the type. Destroyers flock.

I assume you’ve seen some footage from yesterday’s hearing, which was widely covered and widely discussed, so I’m not going to rehash that nasty piece of Theatre of Cruelty. If you missed it, just know that Robert F. Kennedy, Jr. is OBSOLETE OBSOLETE OBSOLETE.

But I want to point at the water underneath the waves we can see in national media, because the presumptions of the Central Commissariat go all the way down.

The week that led to the ritual denunciation of RFK Jr. started with a fascinatingly naked declaration in a Pasadena courthouse. Two California physicians, Mark McDonald and Jeff Barke, are suing the California Medical Board to block enforcement of AB 2098, the new law that threatens the medical license of any doctor in the state who expresses consensus-deviating crimethink about the darkly sacred Covid-19, a High Enemy of the Glorious Motherland. McDonald and Barke are relying on the First Amendment and its protection of the so-called “free speech” trope, a well-known tool of dangerous far-right extremists.

Courts have split on AB 2098, and so far some have declined the premise that this regulation of physicians’ speech is unconstitutional, so the case is now before the 9th Circuit on appeal. A three-judge panel heard oral argument in the case this week, in an architecturally pleasant forum that used to be a luxury hotel. And this is where Deputy Attorney General Kristin Liska said this to the court: “In order to effectively regulate the practice of medicine, the state needs to be able to reach the aspects of speech that are used to care for patients.”

If you take a professional license from the state, the regulatory power of the state reaches your speech acts; you can lose your license not only for harming patients or providing poor quality care, but for saying things that the state disagrees with. Your conversations belong to the government.

July 22, 2023

“… no-one has a ‘right’ to a bank account …”

Unlike in Canada, where the extra-legal debanking of an unknown number of what Justin Trudeau described as a “small fringe minority … holding unacceptable views” had all the bien-pensants in and out of the legacy media nodding along, British opinion is not so friendly toward the extra-legal debanking of Nigel Farage and his family and friends:

An acquaintance of mine on Facebook, a hardline capitalist (so he says) made a comment that no-one has a “right” to a bank account, as they don’t have “rights” (those inverted commas are doing a lot of work here) to healthcare, education, paid-for holidays, etc. He was, of course, writing about the Nigel Farage/Coutts saga that has seen the CEO of NatWest, Coutts’ parent firm (39% owned by the taxpayer) issue a sort-of apology to the former UKIP leader.

[…]

When a person is “debanked” today, they can have a problem opening an account anywhere else if the bank asks them why they left a bank in the past. As a result, we have almost a sort of “cartel” system operating.

In time, hopefully, competition will swing back, and some of the nonsense going on will disappear. In the meantime, while I agree with you that the idea of having a “right” to a bank account is as bogus as many of the other “rights” that people talk about today, the fact that banking is such an embedded form of life in a modern economy means this issue hits hard in a way that, say, isn’t the case if you are banned from a pizza restaurant or candy store for holding the “wrong” views. Of course, it may be that the Farage case might encourage a firm to go out of its way to court business from those who have been targeted. Let’s hope so. For example, a bank could, without incurring wrath from the “woke” or regulators, say something like “Banking is all we do. No politics. No agendas. Just finance.”

And as I have said before, the outrageous Nigel Farage case, and that of others, surely demonstrates that a central bank digital currency idea must be resisted. This would be the end of any financial autonomy at all.

As you’d expect, Brendan O’Neill isn’t a fan of this latest attempt to make certain political viewpoints effectively illegal:

So there you have it. Nigel Farage really was given the boot from the prestigious private bank Coutts because of his political views. Because he is very pro-Brexit, is fond of Donald Trump and has been critical of Black Lives Matter. Because, in the words of an extraordinary internal dossier compiled by Coutts, his views “do not align’ with the bank’s values”. For the past fortnight the chattering classes have been chortling over Farage’s claim that Coutts was persecuting him for his political beliefs. How dumb – worse, how complacent in the face of corporate tyranny – those people look now.

Last month, Farage went public about the closure of his Coutts account. I’ve been given the heave-ho for political reasons, he said. He also said that nine other banks have since rejected his custom. Now he has published a dossier that was distributed at a meeting of Coutts’ “reputational risk committee” on 17 November 2022. It is a truly chilling read. It runs to 36 pages. There is a strong case for “exiting” Farage from the bank, it says, because his publicly stated views are “at odds with our position as an inclusive organisation”. The Stasi once compiled dossiers on dissident activists and artists whose views ran counter to those of the GDR regime. Now Coutts seems to be doing similar on customers who dare to bristle against the regime of woke.

The dossier basically finds Farage guilty of wrongthink. It highlights his renegade views not only on Brexit and Trump but also on Net Zero and even on King Charles – he has had the audacity to criticise His Majesty. Like dissidents in East Germany, his friendships are held against him, too. His links with Trump and tennis champ Novak Djokovic make him suspect, apparently. The dossier quotes the Independent‘s description of Farage’s visit to Djokovic’s trophy room in Belgrade, during which he criticised Australia’s expulsion of Djokovic for failing to get vaccinated against Covid, as “the spineless, chaotic behaviour of a chancer”.

[…]

The Farage / Coutts story is important because it highlights what a huge threat woke capitalism poses to freedom and fairness. Let’s be clear about what has happened here: a man has been economically unpersoned for having the supposedly wrong views. He’s been blacklisted for being a little too dissenting on the big issues of the day. And it’s happening to others, too – including people who do not have access to the same media platforms as Farage and thus have little leeway to protest against their expulsion from economic life by unelected, unaccountable banks and businesses. We acquiesce to this capitalist policing of thought at our peril. It is surely time for the government to act and clip the wings of banks and companies that believe they have the right to penalise citizens for the contents of their conscience. It might be Farage today, it could be you tomorrow.

Theodore Dalrymple sees it as a sign of the rise of woke totalitarianism:

It isn’t a question of whether Mr. Farage is always right or sometimes horribly wrong; when the bank says that it “uncovered” something that he said, as if he had recorded saying it by secret microphones, it makes itself ridiculous. Not even his worst enemies, or perhaps his best friends, would accuse him of hiding his light under a bushel.

The question is whether it’s the role of a bank to examine its clients’ views and deny them service if those views don’t accord with those of the chief executive, as if the latter were indisputably true and from which it were heresy to dissent. Is a bank an inquisition?

The chief executive of the parent bank, Alison Rose, said soon after her appointment that “tackling climate change would be a central pillar” of her work, and on the occasion of the so-called Pride month last year said that “our focus on diversity, equity and inclusion is integral to our purpose of championing the potential of people, families, and businesses”. This year, the company headquarters were covered in the rainbow colors of the LGBT flag, with lettering the height of humans declaring the “Championing the power of Pride”. Under her leadership, staff may “identify” as women and men on alternate days, should they so wish.

Of course, when she said that “diversity” and “inclusion” was “integral to our purpose”, she was using these terms in a strictly technical sense to mean “everyone who thinks as I do and has a fair bit of money”. The diversity “integral” to the “purpose” of Coutts doesn’t include those persons with less than $1 million to deposit, who even in these days of currency depreciation remain a small minority. People bank with Coutts because it’s exclusive, not inclusive.

The chief executive, however, is safely within what we might call the Coutts Community, because she was paid about $5.2 million last year. The prospect of being barred from the bank will no doubt inhibit anyone who banks with her banks from suggesting in public that she’s paid too much.

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