Category Archives: Individual Rights

The Bi-Partisan Assault On Liberty Since Orlando

Words cannot adequately describe the horrific shooting at an Orlando nightclub on Sunday the 12th that killed 49 and wounded 53. Such unthinkable acts deserve to draw strict scrutiny. When things like this happen, it’s important to bear in mind that we are America, and that we were founded on the bedrock principles of freedom. Further, as Ben Franklin was quoted as saying, those who sacrifice freedom for security deserve neither.

It’s a lesson we did not learn after 9/11, passing the Patriot Act and creating the Department of Homeland Security and the Transportation Security Administration. These three things, in addition to others, did nothing to adequately address the threat of terrorist actors while severely curtailing the liberty, and therefore the quality of life, of the average American, subjecting them to excessive lines at airports, the security theatre of removing their shoes and “joke-free” zones, and the 100 mile “Constitution free zone” that encompasses the entire land mass of at least six states. Arguably, these laws, regulations and standing orders made Americans less secure, due to the illusion of safety and the increased reliance on government.

The days since the Pulse shooting are shaping up to be along those lines, as we continually learn the exact wrong lessons from an act of terror by an individual who was clearly unhinged. In an effort to do something, government is overreaching – never let a good tragedy go to waste, after all – and a complicit public is allowing it on a bipartisan level. Even if their goals are different, the end result is the same. » 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.

Katie Couric and Her New Documentary “Under the Gun”

katie couric under the gun

Katie Couric is taking heat for a misleadingly edited scene in her new gun control documentary called Under the Gun, which is currently airing on the cable channel EPIX. In the scene, Couric asks a group of gun rights supporters how we can prevent “felons or terrorists” from purchasing guns if we fail to perform background checks.

In response, her interviewees are seemingly stumped by the question, relegated to awkward silence. For nine seconds, they twitch and shift and flutter their eyes. One looks off into the distance, searching for an answer.

It is laughable to anyone who has not reduced gun rights supporters to caricatures.

To be sure, the question is a confusingly worded one. What is the set of circumstances in which someone walking around free, buying guns, would be revealed by background check as a “felon” or “terrorist?” If Couric meant convicted felons and terrorists, then presumably they are in prison, not out buying guns. If she meant convicted felons and terrorists who have served their time and been permitted back into society, then there is a legitimate question as to whether their Constitutional rights should be restored. In any event, we already have laws precluding convicted felons from owning guns and requiring background checks to ensure they do not.

However the question is meant to be interpreted, it is not exactly groundbreaking. This is not new terrain. This is not something gun rights advocates have never considered. The vast majority of gun rights supporters have already extensively considered this issue and come to a reasoned opinion.

Thus, to anyone in the gun rights community, Couric’s footage is an easily identifiable fraud. Unsurprisingly, audio footage obtained by the Washington Free Beacon has confirmed it to be precisely that. What actually occurred, as would be expected, was that the interviewees gave immediate, polite responses to the question.

In fact, with varying degrees of clarity and eloquence, they tried to articulate the points I raised above. Their responses may not have been the best way to cover those points in the film. If the director had wanted to play Couric asking the question and then explore responsive concepts in some other manner, I doubt anyone would have faulted the creative decision. But manufacturing nine seconds of awkward, twitchy silence suggests the director had another goal in mind.

Called out on the manipulative editing, director Stephanie Soechtig explained that her intention was to “provide a pause for the viewer to have a moment to consider this important question” and that she “never intended to make anyone look bad.” Shortly thereafter, Couric said she supported Soechtig’s statement and was “very proud of the film.”

There are a couple different ways to interpret all of this.

One is that Soechtig and/or Couric are being dishonest about their motivation for altering the footage. The real reason was to perpetuate a narrative in which gun rights supporters are portrayed as reckless and ignorant, red state dullards without the most basic concerns for public safety. Showing the interviewees answering the question—or cutting away without playing the nine manufactured seconds of silence—would detract from that narrative and leave an unfortunate impression that gun rights supporters actually have reasons for their positions.

Alternatively, Soechtig/Couric are telling the truth. It is not gun supporters they perceive as simple, but rather their own audience. The viewers needed those nine extra seconds of silence to confront such a groundbreaking question, to wrap their neophyte minds around its unprecedented implications.

Or perhaps there is simply a strange sort of narcissism at play. In this interpretation, it is Soechtig/Couric who are the simpletons. In their minds, no one had ever confronted this mind-blowing question until Katie Couric so amazingly thought of it. Playing the actual footage would have interfered with viewers’ appreciation of Couric’s prowess in asking this life-altering question. So instead the filmmakers faked some footage to leave a more suitable impression.

It is certainly possible to be both a journalist and an activist. While I do not always agree with his positions, I acknowledge that Glenn Greenwald does both so well that each component is made more powerful by the other. It works because he is honest and transparent about the activism, while approaching the journalism part ethically and with humility.

In contrast, altering footage to show something that flat out did not happen is neither journalism nor a particularly competent form of activism. It is storytelling for naïve audiences. It is fundamentally dishonest and narcissistic. And it will not promote dialogue about gun safety.

Update: Couric has provided further response to the accusations.

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

It’s Time To Double Tap The Republican Party And Build Its Replacement

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The Republican Party primary voters did it. They nominated Donald Trump as their presidential nominee.

I predicted as far back as August 2015 that Donald Trump would destroy the Republican Party and it appears he has. Trump is the choice of it seems Republican voters. His numerous racist and xenophobic statements and positions and his hostility to the Constitutional limits of his power weren’t a problem in the end.

There is no home in a Republican Party ruled by Donald Trump for those who hold classical liberal views and/or traditional conservative values. Those libertarians, conservatives, conservatarians, Constitutionalists, classical liberals, and the rest who believe in the principles of the American founding are now politically homeless. The day after Trump knocked Ted Cruz out of the race, I left the Republican Party.

The Republican Party is a dead political party. It’s a zombie just shuffling forward in search of human flesh. The #NeverTrump movement should double tap the Republican Party. It is little more than a Grand Zombie Party now and start building its replacement.

The #NeverTrump movement is beginning to realize that the Republican Party is beyond saving. A couple of Iowans, Joel Kurtinitis at The Blaze and Steve Deace at Conservative Review, want the movement to think bigger than just defeating Donald Trump. They’re both on board the “we need a new party train.” I completely agree with both men.

We need a party that argues in favor of the classical liberal principles of America’s founding. We need a party that recognizes that populism is just another form of statism.

Why Not The Libertarian Party?

The Libertarian Party is America’s third largest political party. It will likely have ballot access in alll 50 states plus the District of Columbia this year. It is running some pretty good candidates for president. I hope they get the 5% of the vote necessary to receive Federal campaign matching funds. This would be good for American politics.

However, as a long-term solution, the LP is not what I’m looking for. The Libertarian Party’s primary purpose is an educational tool for libertarian ideas and that’s great. But a new home is needed for the broad classical liberal spectrum for winning and governing.

What Should This New Party Look Like?

Some thoughtful pieces have come out recently about the direction this new party would take. The first one is a two-part series run on The Federalist by Paul D. Miller about bringing back The Federalist Party. The second part outlined a platform suggestion.

Decentralizing power is the best way—perhaps the only way—for an increasingly pluralistic people to govern themselves: a pluralistic people calls for plural governments. Americans are increasingly divided not merely by race, class, and gender—which has always been true—but by differing sets of values, by religious and sectarian identities, by basic understandings of justice and democracy that have drifted apart in recent generations.

The progressive left and quasi-fascist right believe the increasing fragmentation of American life is a malady which must be cured by the strong hand of government. In fact, those very movements are both cause and consequence of the fragmentation of American society, and their agendas can never create the imagined unity of the romantic past or utopian future.

The Federalist accepts the pluralism of American life as a reality to be accommodated, not a disease to be cured. The way to safeguard human dignity and self-government in a culturally pluralistic nation is to revive the institutions of plural government; that is, to devolve power to the several governments closer to the people they govern.

A more decentralized Federal government must be a major part of the platform. After all, we are a nation of 50 different states, each with their unique values and cultures. A “one-size fits all” approach to government fails. But decentralization alone is not enough. The Federal government has some roles.

Jeff Goldstein at Protein Wisdom had some thoughts of his own on a possible new party platform. I recommend reading the entire piece but I wanted to highlight his 6 main planks.

1) Individual liberty
2) Federalism and representative republicanism
3) Constitutionalism
4) Judicial originalism
5) National sovereignty
6) Free-market capitalism

These are a good start. The only minor quibble I would have is I’m more of a Randy Barnett “judicial engagement” type than a judicial originalist. I can get on board with the rest easily though.

I think we need to add a few planks though and call the whole thing “Nine For Freedom” or something. Here are my suggestions:

7) Growth and opportunity: The old economy is dead. The idea of having a job right out of college and staying with the same company until you retire doesn’t happen anymore. We’re shifting towards a “gig economy” where many people are freelancers. Uber, Lyft, Airbnb, Fiverr, Ebay, and many other innovations make it easy for almost anyone to be in business for themselves. The economy itself has an anemic growth rate that shows signs of getting worse. We need to unleash the American people by getting government out of the way. We need to lower the world’s highest corporate tax rate, reduce regulations, and attack crony capitalism that delivers privileges to a well connected few. We need to reform our outdated Industrial Era education system, promote school choice, and fix higher education so that you don’t have to have a bachelor’s degree to wait tables. Finally, we need to have a free market approach to fix or replace Obamacare.

8) Welfare and Entitlement Reform: We have a major problem with our welfare state. It still traps people in dependence and discourages work. Social Security Disability fraud is bleeding the system dry. We can’t have this as a nation. At the same time, we shouldn’t hold people who do need a temporary hand up in disdain. Most people don’t make welfare a lifestyle. You can hit this many ways. The guys over at the Foundation for Government Accountability have great ideas to reform welfare. If we want to go bolder, we may want to consider scrapping the alphabet soup of welfare programs and replace it with some kind of basic income program. If you want to undermine the sources of support for the Trumpist right and the progressive left, you have to attack the welfare state.

9) A Strong, Secure, And Free America: We will aggressively confront the enemies of this country. We will stand for liberty and freedom allaround the world. We will have a military and intelligence capability that is second to none. However, we will not engage in military crusades for democracy, seek dragons to slay, and engage in dubious neocon nation building schemes. We believe in the power of diplomacy and we believe in free trade. America will be involved in the world but we will not police the world alone. We will ask our allies to do more to protect themselves not because they’re not important but because we cannot and will not do it alone. Finally, while we will be vigilant about detectingthreats from abroad, we will not listen to your phone calls, read your emails, track your online browsing, or otherwise spy on you without a warrant. America should not throw away its founding principles even in wartime.

We have an opportunity to reshape the political landscape. The Republican Party is little more than a home for racists, kooks, reactionary populists, demagogues, con artists, and political opportunists. It no longer serves the purposes of liberty.

Let’s build something that does.

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.

Libertarians Debate on Stossel (Part 2 of 2)

Watch-Part-One-Of-The-Libertarian-Party-Debate-On-Stossel-702x336This isn’t by any means an exhaustive analysis of the second part of the Stossel LP presidential debate but I wanted to share the video now before too much time passes and this becomes irrelevant.

In this second part, Fox News hosts Bill O’Reilly and Geraldo Rivera each posed a video question regarding drugs. O’Reilly said he had a question for “the libertarian geniuses” which it seemed that he thought he really had a question that would stump them. As it turned out, O’Reilly’s question made him look like a fool. What he thought was a fast ball was actually a hanging curveball that any libertarian worth his or her salt would have hit out of the park (It’s clear that either he doesn’t watch Stossel’s show because he crushes these kinds of questions on a regular basis). All three candidates indeed did hit it out of the park (bonus points for Petersen for calling O’Reilly a pin head).

Geraldo’s question was a bit more nuanced: Should government have programs to help drug addicts? Among the three candidates, I thought McAfee had the best answer. Treatment cannot be forced on those who don’t want it.

From there, Stossel addressed more of the issues in which libertarians are outside the mainstream.

Combining the two parts of the debate together, my opinion hasn’t changed much. I feel like Austin Petersen “won,” I liked much of what John McAfee had to say (he has a great voice too; he should get into broadcasting), and if anyone “lost” it was Gary Johnson.

All of that being said, any one of these individuals is lightyears better than what the blue and red teams are offering.

Libertarians Debate on Stossel (Part 1 of 2)

Watch-Part-One-Of-The-Libertarian-Party-Debate-On-Stossel-702x336In case you missed it, the first half of the Libertarian Party Presidential Debate aired on Stossel on April 1st (the second half will air on Friday, April 8, 2016). The three participants were 2012 Libertarian Party presidential nominee and former New Mexico Governor Gary Johnson, software developer John McAfee, and the founder of the blog The Libertarian Republic Austin Petersen.

After watching some of the GOP debates and the first Democrat debate, watching the Libertarians debate was refreshing. No name calling or commenting on the appearance of the other candidates. No scolding the debate moderator for asking questions the candidates didn’t like. To the extent that one candidate challenged or disagreed with another they were on the substance of the issue at hand (more on that in a moment). There seemed to be more areas of agreement than disagreement (and even a kiss on the cheek) among them. This debate was more about presenting to a national cable audience the case for Libertartian policy alternatives to those of the Republicrats.

Did any candidate “win” Part 1 of the debate or help/hurt his chances with the LP faithful or viewers who are open to supporting a third party candidate?

I can only answer for myself. I enthusiastically supported Gary Johnson in 2012 all the way back from when he was running for the GOP nomination to election day as the LP’s nominee. Of the three, he’s the only one I was all that familiar with. I took the Isidewith.com survey on the issues (mentioned in the debate) several weeks ago and found that I sided with Austin Petersen 97%, Gary Johnson 92%, and Ted Cruz 77%. I’m not sure why John McAfee wasn’t among those I sided with because I found myself in agreement with much of what he said in the debate. Due to these results, though Gov. Johnson is sort of my default favorite I watched with an open mind.

To my surprise, indeed I did find myself agreeing more with the thirty-five year old Austin Petersen than the other two. For libertarians looking for “purity” of libertarian principles, Petersen is your guy it seems (based solely on one half of one debate). When asked about whether a cake decorator should be forced to make a cake for someone based on personal or religious reasons, Johnson (to my profound disappointment) said they should while Petersen said the market should decide making the freedom of association argument (an argument every good libertarian should have down pat).

The second strike against Johnson and for Petersen was the question of the so-called gender pay gap. Johnson sounded like a progressive echoing the “equal pay for equal” work line but said he would be hesitant to sign any equal pay legislation because “the devil is in the details.” Petersen on the other hand skillfully explained why the gender pay gap is a progressive myth. McAfee, for his part argued that if a person doesn’t like how much they are being paid they are free to look elsewhere.

There’s certainly more in the debate that I didn’t get into here. My conclusion as far as my opinion goes: Petersen helped himself, Johnson hurt himself, and McAfee is intriguing. In a world where Hillary Clinton and Donald Trump are looking to be their party’s nominee any of the three would be hands down a better choice.

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