Category Archives: Civil Liberties

Oath Keepers Protect St. Louis Until Being Disbanded By The Police They Effectively Replaced

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In response to the looting that has damaged numerous businesses in Ferguson, MO since last Monday’s announceemnt that former police officer Darren Wilson would not be indicted for killing Michael Brown, a group called the Oath Keepers descended onto Ferguson to protect businesses from being damaged or destroyed by rioters, oftentimes by setting up armed sentries on rooftops. Over the long weekend, St. Louis County’s police officers demanded that the group disperse.

Threatened with arrest for operating without a license, the volunteers argued but eventually left their positions early Saturday, Rhodes said.

“We are going to go back as protesters,” Rhodes said Saturday afternoon.

(…)

“We thought they were going to do it right this time,” Rhodes said of government response to the grand jury decision released Monday in the Michael Brown case. “But when Monday rolled around and they didn’t park the National Guard at these businesses, that’s when we said we have got to do something.

“Historically, the government almost always fails to protect people,” he added.

The Oath Keepers were started in 2009 as a militia-like force that advocates military and law enforcement personnel disobey orders that are in violation of the Constitution of the United States. Despite accusations of racism, they were started in 2009 by a Mexican-American, Stewart Rhodes, who graduated from Yale Law School and once worked for Ron Paul. They have dodged criticism for years and are regarded by some as extremists or domestic terrorists, though they maintain a 30,000 strong member base and are highly regarded among libertarian parts of the Tea Party movement.

I am personally sceptical of the Oath Keepers because I feel their tin-foil, Alex Jones-like views on the government are extreme to say the very least. Any group that gains traction due to the election of one man and finds common cause with the birther movement tends to draw scrutiny. With that said, I find it very hard to blame anyone locally for being very happy to see them. Whatever one’s views on Michael Brown’s killing – I was very dim on the “no indictment” ruling – the fact is that St. Louis County has handled the entire situation in Ferguson and surrounding areas in an illegal, borderline evil fashion. They instigated an already edgy populace from moment one, turning military-grade weapons on the citizens they “police” in a method of crowd control so poorly conceived it raised legitimate questions as to whether or not the police were intentionally trying to rile their citizens.

As the grand jury’s announcement approached, the mistakes continued. It was announced at 8PM CST, with advance warning and a preemptive call for National Guard support. They gunned for a fight, prepared for a fight, and then stoked a fight. Since then, the overly militarized police, and the actual military, guarded the police station but left local businesses to burn. After blaming the failure to indict a man who shot at an unarmed teenager twelve times on social media, they proceeded to protect their own stuff while totally abandoning any pretense of protecting anyone locally. The failures of the Ferguson and St. Louis County police departments are so legion, so flagrant, and so damaging that multiple people involved in them should never hold jobs in authority again. Their treatment of those doing their job for them only exemplifies what has been a clown car.

In light of that, is it any wonder that the Oath Keepers – at heart, an anti-government organization that is convinced martial law is imminent – would show up? This isn’t just why they were conceived; it proves all of their fears, all of their statements, and all of their actions to be legitimate, or at the very least to have a degree of truth to them. “The government is against the people!” isn’t just the cry of a guy who failed Western Civ; in this case, it’s a provable fact. The police in this area have shown more effort in going after football players than they have in any form of police work.

In striking down the Oath Keepers, the local authorities might have made them more powerful than they could ever imagine. I expect membership to spike, hard.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

5 Thoughts On Ferguson And Mike Brown

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As the country has watched the events unfold in Ferguson over the past week, we have been horrified by the rioting and the wanton destruction of property in the wake of the grand jury’s decision to not indict Ferguson police officer Darren Wilson on criminal charges for the shooting of Michael Brown. Tempers have been flaring as people have taken to social media to argue their side of the case. I’ve been trying to figure out what to write on this and putting together what to say on this. So here we go:

1) The Grand Jury Came To The Right Decision

After looking at the evidence, here’s what we have essentially; some eyewitness testimony that claimed Mike Brown was essentially murdered by Darren Wilson, most of which was proven false; Officer Wilson’s version of events; eyewitnesses that corroborate Wilson’s events; and finally an autopsy and forensic evidence which also corroborate Officer Wilson’s version of events that showed a struggle for his gun and that Brown was shot in the front.

Given all of this, there was no basis for an indictment for anything. Even if he was indicted, there was no basis for a conviction so a trial would’ve simply been a waste of taxpayer money.

2) Having Said That, There Should’ve Been A Special Prosecutor Appointed In This Case

I agree with Stephen Littau that the outrage here is not that the grand jury was through in the Darren Wilson case, it’s that they indict everyone else. No wonder why many people protesting can see a possible conflict of interest.

If it’s even possible to appoint a special prosecutor, this is such a case. It may have lessoned the charges of impropriety and conflict of interest.

Criticizing the process is not grounds for calling for an indictment though, it’s just grounds for calling for a special prosecutor. I think the special prosecutor would’ve come to the same conclusion as this prosecutor and grand jury did.

3) Anyone Calling For Violence Or Making Excuses For It Is Disgusting And Morally Rephrensible

One of the things that has been disturbing in this case is the calls to violence in the media. An anarchist magazine says we need to stop “riot shaming.” An op-ed writer in Time wrote a defense of rioting. A libertarian blogger called the rioting and violence “just and necessary.”

These people and others like them who are supporting the riots are disgusting. There is no excuse for the destruction of private property and businesses. These riots have runied the livilihoods of the employees and business people, most of whom are black. These people didn’t kill Michael Brown.

A brief look around shows that there are non-violent alternatives to pursue change. Civil rights laws were enacted in the 1960s and legislation defending the right to vote was enacted as a part of it. If you want to change the law and how policing is done, get out there organize and vote for candidates who agree with you.

4) Ferguson Not Only Demonstrated The Worst Of America, But The Best Of America As Well

Enough about the riots. Let’s talk about how people have come together in the aftermath. One of the businesses destroyed in the Ferguson riots was a black-owned bakery. They’ve raised $200,000 in donations from a GoFundMe page to enable them to rebuild. The store that Michael Brown allegedly robbed before his encounter with Officer Wilson was also looted. They too have setup a GoFundMe page which has raised almost $25,000 in two days. Please give some money to them.

The people that gave money to these two minority business owners were of all races and creeds. The attempt by many of the Ferguson rioters to start a race war failed miserably.

Other Ferguson businesses have setup GoFundMe pages and in a future post, probably tomorrow, I will feature everyone I can find. Let the best of America outshine the worst of America.

5) Although Mike Brown Is Not The Proper Poster Boy For Corrupt And Racist Policing, We Need To Address Police Brutality

Mike Brown most likely died assualting a police officer and going for his gun. Darren Wilson most likely did nothing wrong when he killed Michael Brown. However, police brutality is a real problem, especially in minority communities.

We need to ask ourselves why African-Americans are so afraid of law enforcement and work together to change it. We also need to end or rein in police militarization and the Federal government does need to get involved to create stricter oversight of local police departments. There will most likely always be police officers who abuse their authority, but right now we have too many on the force. We’re not going to solve this by blocking freeways, annoying Black Friday shoppers, and rioting; we’re only going to solve this by dialogue.

In the end, what we have here is a tragedy all around. An 18 year old young man is dead and regardless of the circumstances, it’s still a tragedy. We have a police officer who had to take that young man’s life. I hope and pray that the family of Michael Brown and Officer Darren Wilson find peace. I pray that the business owners of Ferguson have their shops restored and I pray for peace and more importantly, for understanding and that out of this tragedy, some change that ensures something like this never happens again.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

Net Neutrality: A Complex Issue With No Satisfactory Solutions

Yesterday, Chris Byrne had a write-up regarding President Obama’s “stated” support for Net Neutrality. “Stated” is in scare quotes because, as Chris noted, President Obama’s support for this ( much like his “support” for gay marriage) is a limp-wristed attempt to mollify his young, technologically literate base.

Of course, because it’s Obama and there’s a cottage industry dedicated to demonizing him, Ted Cruz had to come out with the stupidest political statement of the year (Non-Dollard/Kincannon Division).

With the mainstream attention these positions will now bring, and with an FCC decision on the issue due in 2015, the issue can no longer be ignored:

Net Neutrality is a major political issue, right now.

Chris Byrne correctly noted, that the lack of competitive options in local internet access is the primary factor leading us into the situation we’re in now. A deeper look into this shows… yeah, it shows we’re screwed either way.At the moment, there are no realistic answers that will satisfy consumers.

The explanation as to why is complex, to say the least.

Keep in mind that as I go through the issues surrounding net neutrality, I will be attempting to take common arguments, and technical background, and break them down into layman’s terms. Although readers of The Liberty Papers tend to skew more educated than most, I understand that not everyone is tech savvy enough to understand much about how the internet works beyond “I go to Google and email shows up!”. » Read more

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Just NOT at the Same Time Please

Sharing, as a service to our readers…

From Reason: http://reason.com/blog/2014/11/10/guns-and-pot-which-states-are-friendly-t

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Sixth Circuit Decision Upholding Gay Marriage Bans Invites Supreme Court Review

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On Thursday, the U.S. Court of Appeals for the Sixth Circuit upheld gay marriage bans in Ohio, Michigan, Tennessee and Kentucky. It did so by reversing lower court rulings striking down the bans. This decision puts the Sixth Circuit out of step with the other circuit courts to address the issue thus far (the Fourth, Seventh, Ninth and Tenth). The decision is sure to be appealed, and many observers believe it will be the vehicle by which SCOTUS finally weighs in on the issue.

DeBoer v. Snyder was decided 2-1. The majority decision was authored by Judge Jeffrey S. Sutton. Sutton largely argues that the definition of marriage should not be “constitutionalized” and that change should come from the voters. He maintains that the right to marriage recognized as fundamental in prior SCOTUS cases is defined by, and presumes, a relationship between one man and one woman. He rejects sexual orientation as a suspect classification entitled to heightened scrutiny, and frets that constitutionalizing gay marriage will require recognition of plural marriages.

Having found no need to apply heightened scrutiny to the bans, Sutton finds two rational bases for denying marriage to same sex couples. The first involves channeling straight people’s sexual energies into monogamous, legally binding relationships:

One starts from the premise that governments got into the business of defining marriage, and remain in the business of defining marriage, not to regulate love but to regulate sex, most especially the intended and unintended effects of male-female intercourse. Imagine a society without marriage. It does not take long to envision problems that might result from an absence of rules about how to handle the natural effects of male-female intercourse: children. May men and women follow their procreative urges wherever they take them? Who is responsible for the children that result? How many mates may an individual have? How does one decide which set of mates is responsible for which set of children? That we rarely think about these questions nowadays shows only how far we have come and how relatively stable our society is, not that States have no explanation for creating such rules in the first place.

Once one accepts a need to establish such ground rules, and most especially a need to create stable family units for the planned and unplanned creation of children, one can well appreciate why the citizenry would think that a reasonable first concern of any society is the need to regulate male-female relationships and the unique procreative possibilities of them. One way to pursue this objective is to encourage couples to enter lasting relationships through subsidies and other benefits and to discourage them from ending such relationships through these and other means.

The dissent scores powerful points observing that heterosexuals are already free to follow their procreative urges where they will, and that the unwanted children resulting from such unions suffer when their adopted same-sex parents are precluded from marrying. In any case, Sutton’s second rationale for upholding the bans has to do with principles of federalism:

[O]ne of the key insights of federalism is that it permits laboratories of experimentation—accent on the plural—allowing one State to innovate one way, another State another, and a third State to assess the trial and error over time. …. How can we say that the voters acted irrationally for sticking with the seen benefits of thousands of years of adherence to the traditional definition of marriage in the face of one year of experience with a new definition of marriage? A State still assessing how this has worked, whether in 2004 or 2014, is not showing irrationality, just a sense of stability and an interest in seeing how the new definition has worked elsewhere. Even today, the only thing anyone knows for sure about the long-term impact of redefining marriage is that they do not know. A Burkean sense of caution does not violate the Fourteenth Amendment, least of all when measured by a timeline less than a dozen years long and when assessed by a system of government designed to foster step-by-step, not sudden winner-take-all, innovations to policy problems.

Indeed, this decision creates a conflict among the circuit courts that did not exist (or at least not clearly) back in October, when SCOTUS declined to hear appeals from decisions in the Fourth, Seventh and Tenth circuits striking down similar bans.

Shortly after SCOTUS declined those appeals, the Ninth Circuit also struck down bans.

Collectively, those decisions were reached in a variety of ways: finding that the bans failed under rational basis review; applying heightened scrutiny to restriction of a fundamental right under a due process analysis; or applying heightened scrutiny under an equal protection analysis based on suspect classification or history of animus. However reached, they had the result of making gay marriage legal in 32 states (with three additional states with bans still technically in effect, which will inevitably be struck down).

That left litigation percolating in the Fifth, Sixth, Eighth, and Eleventh circuits. The decision Thursday by the Sixth was the first to break the prior pattern. Most commentators believe SCOTUS will now accept review to resolve the conflict. As Doug Mataconis, writing for Outside the Beltway, explained:

[T]he most important thing about the decisions in these cases is the fact that it creates the split among the Circuit Courts of Appeals that the Justices apparently felt was lacking when they considered the appeals it acted on in early October. … With this decision, though it can no longer be said that there is not a Circuit split since the differences between Judge Sutton’s opinion and those from the other four Circuits could not be more apparent. Thus, the one thing that didn’t exist on this issue in early October regarding this issue can now be said to clearly exist, and the likelihood that the Supreme Court will accept an appeal to this decision would seem to be quite high.

Only four justices need to agree for SCOTUS to accept an appeal. Assuming one is accepted, Mataconis and others predict SCOTUS will rule that the states cannot regulate gay marriage, by a majority consisting of at least Ginsburg, Breyer, Sotomayor, and Kagan, plus Kennedy.[1]

From my own perspective, I do not see how we avoid the leviathan of government once we accept its tentacles are properly applied to the regulation of personal relationships. Even if the collective will was acceptably used to such ends, I have not come across convincing reasons for denying same sex couples access to the same bag of government goodies, incentives and subsidies enjoyed by opposite sex couples. The various theories propounded by opponents of gay marriage are belied by the sound sociological research to the contrary. Plural marriage does not frighten me, both because it does not rise to the same level of constitutional scrutiny as gay marriage—and because it is inherently non-frightening. Finally, I have and will continue to oppose all efforts to force private people, churches or businesses to associate with gay marriages against their will. The same principles that underpin the right to choose a spouse also underpin the right to choose with whom to do business.

I will close with Justice Sutton’s own observation that:

Over time, marriage has come to serve another value—to solemnize relationships characterized by love, affection, and commitment. Gay couples, no less than straight couples, are capable of sharing such relationships. And gay couples, no less than straight couples, are capable of raising children and providing stable families for them. The quality of such relationships, and the capacity to raise children within them, turns not on sexual orientation but on individual choices and individual commitment. All of this supports the policy argument made by many that marriage laws should be extended to gay couples, just as nineteen States have done through their own sovereign powers.

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[1] Kennedy wrote the majority decisions in Romer v. Evans (overturning a Colorado law preventing local governments from enacting anti-discrimination regulations to protect homosexuals), Lawrence v. Texas (overruling sodomy laws), and U.S. v. Windsor (overturning provisions of DOMA allowing the federal government to refuse recognition of same-sex marriages performed by states).

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.
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