Category Archives: Freedom of Association

Self-Ownership, Voluntaryism , and the Non-Aggression Principle as Explained in 2 Videos

In the course of an election year, its very easy to get caught up in the minutia of the various campaigns and election year issues. This is not to say that these issues are trivial; there were very many issues this election cycle which deserved the attention they received.

That said, I tend to think that immediately after an election is a perfect time for reflection. What is it we believe and why? What are our first principles and are we communicating these principles effectively?

I’ve read from various places that we are coming close to a “libertarian moment” or perhaps one is already underway. I do not know one way or the other to what extent this is true but I find that because outlets like Salon, Slate, and Alternet of the Left and a few anti-libertarian outlets on the Right are spending so much energy trying to convince their readers that such a moment isn’t happening quite encouraging. If libertarian ideas were not gaining at least some momentum these outlets would ignore us as in years past.

Of course these outlets do not make any effort to portray our ideas accurately. Its almost as if they go down the list of logical fallacies and hope their readers won’t do any independent research.

So what are the first principles of libertarianism then? This is a very big question, one which libertarians will often disagree. My view is that the first principles are self-ownership, voluntaryism, and the non-aggression principle (fellow TLP contributor Chris Byrne has a slightly different take worthy of consideration).

The videos embedded in this post do an excellent job illustrating these principles, especially for people who are not very familiar with them. The first video, which I have shared on various other occasions, is called “The Philosophy of Liberty.”

Pretty simple right? Share that video with your friends who get their information from Salon. They may still disagree and say that individuals should be looted taxed to promote social justice and egalitarianism but at least they will be exposed to these ideas.

This second video by Stefan Molyneux called “Voluntaryism: The Non-aggression Principle (NAP)” is slightly more advanced taking NAP to its idealistic conclusion (Molyneux is an outright anarchist and makes no bones about it on his podcasts).

Is this all Utopian pie in the sky? Perhaps. Humanity has a long way to go before we can begin to think about beating swords into plowshares. But this does not mean that we can’t each do our part to move in this direction. Upon closer examination, what it really boils down to is following the Golden Rule, only resorting to violence defensively and as a last resort. This principle remains true whether the issue is foreign policy, local policing, or your own home.

Sixth Circuit Decision Upholding Gay Marriage Bans Invites Supreme Court Review

finally married 2

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.


[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.

Freedom, Group Identification, and Consequences

To anyone trying to make the Cliven Bundy issue, or the Donald Sterling issue, or the Brendan Eich issue about freedom of speech…


They are unrelated, and MOSTLY irrelevant, to free speech.

None are a question of freedom of speech.

All three are a question of bad PR and violating contract terms.

These idiots are not victims of oppression… at least as far as speech goes.

“Well, that’s just your perspective… this is mine”

No… You can have your own opinions, you cannot have your own facts.

This is not an opinion or a perspective, it is a fact. In making this argument, you are entirely and completely incorrect, in both fact and in principle…

That’s not so bad… it’s OK to be wrong… everyone is wrong about many things, every day.

What IS so bad, and why you must be corrected, is that by passionately advocating such a patently false viewpoint, and making weak and specious arguments to support it, you weaken the very important ACTUAL battle to restore and maintain free speech.

Using bad arguments for your cause HURTS your cause, it does not help it.

There are some very serious threats to free speech in this country, particularly on college campuses and in schools. There are supreme court cases in this session, and coming up addressing these issues right now… and the picture is decidedly mixed.

    We are dangerously close to criminalizing, or at least accepting some kind of official sanction, on “hate speech” in this country. We already HAVE criminalized “suspect motivations”, through “hate crime” law.
    The Government is spying on and intimidating reporters, with the DOJ going after those it perceives as enemies.
    Witnesses are being suppressed out of fear of government retaliation.
    The IRS has gone after conservative political groups, simply for being conservative.
    We have enacted insane regulations about who can say what, when, and with how much and whose money, when it comes to politics and elections.


By equating things which are not about rights and freedoms, to things which are, you weaken rights and freedoms, and make them more difficult to defend.

Freedom of speech means you have the right to say as you damn well please and the government can’t stop you or punish you for it (except in some very strictly limited ways).

It doesn’t mean that private persons or organizations have to publish you, support you, employ you, associate with you, provide you with a forum or an audience, or listen to you.

Freedom of speech does not mean freedom from consequence.

If you can’t back everything you say, and accept the consequences, then perhaps your problem is not one of lack of freedom, but of lack of courage.

“But… but… political correctness… thought police… BAD”


I never said that political correctness WASN’T a chilling force on freedom of speech and even freedom of conscience… Of course it is.

…But that is not the same as government using force against you because of it (though with “hate speech” and things like campus “speech codes”, we have to be very careful of that).

The problem with believing in freedom is that you have to believe in it for everyone, including people you don’t like, or whose ideas you don’t like, or who do bad things with it.

Private individuals and organizations can choose who they wish to associate with freely, and who they wish to support or oppose freely (or at least they are supposed to be able to).

That means both things and people that you like, and things and people that you don’t.

That means you can be fired for expressing yourself. It means you can be fired for your political and social views. It means you can be fired for your private behavior. It means you can lose your customers, your money, your reputation…

In fact, everything but your life, and your freedom.

A free society means we have to put up with that.

We don’t have to like it, but we DO have to put up with it.

And many of us actually have very little problem with it… so long as it’s aligned with THEIR personal beliefs.

Frankly, I don’t see very many “social conservatives” complaining very much when it’s “progressives”, gays, atheists, muslims, “perverts” etc… who experience negative consequences for their beliefs (admittedly, that is certainly not true of all. Some do decry all of this as suppression of free speech and freedom of conscience).

Most “social conservatives” aren’t complaining when church groups or conservative groups try to get certain things banned, or removed from libraries or schools, or have teachers, or school administrators, or abortion providers fired…

…because you don’t like their ideas or how they express them.

…Really, most anyone who you would identify as the enemy, or the “other side” or whatever other outgroup identification it may be…. seems it’s ok to you if THEY have to live with the consequences of their choices, actions, and words…

Most of you are only complaining when it’s happening to those you identify as YOUR ingroup, or for people whose opinions and ideas you agree with.

Again, not always, not everyone… but most.

The same of course is true of “the other side”… starting to see the point yet?

So really… What you’re asking for is not “freedom of speech”, it’s “freedom of speech that you like”, and freedom FROM both speech, and consequence that you don’t.

That’s not freedom. That exactly the same as “the other side”… you just like the opinions better.

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

The own goal of Okcupid

The ousting of Brendan Eich from his post as CEO of the Mozilla Foundation is seen by many as a blow against intolerance. It is in fact the opposite, and if gay rights groups expand such ‘outings’ as a tool to suppress opposition, they risk deepening the antagonism and resistance by people who view them as a threat to our culture.

Let us start by examining Eich.  Eich is a well regarded software developer, one of the numerous people whose brilliant inventions have made the Internet the powerful, revolutionary tool it is.  In 1995, he was hired by Netscape to produce a tool for an upcoming release.  Rather than producing the limited implementation that his bosses had envisioned, Eich invented a new scripting language, now known as Javascript.  Javascript allowed local browsers to execute code to control browser behavior.  It revolutionized the Internet; rather than browsing through static web pages served by an overworked server, it allowed a website to push logic such as form validation to a user’s computer, allowing web pages to become dynamic entities that interacted with a user.  Javascript continues to be actively developed and is used universally to this day. Anyone who spends more than a few hours on the Internet a week is almost certain to benefit from it, and thus is the beneficiary of Eich’s wonderful invention.

Given his nearly two decades of experience in maintaining and improving a critical piece of the Internet infrastructure, Eich was a logical choice to lead the Mozilla foundation.  The flagship product of this non-profit is the Firefox browser, which traces its lineage to the Netscape browser, and Eich had been one of the people who had shepherded the project as it grew like a phoenix from the ashes of a defunct company.

Now let us turn to the OKcupid complaint that was served to people using Firefox.

Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.

Politics is normally not the business of a website, and we all know there’s a lot more wrong with the world than misguided CEOs. So you might wonder why we’re asserting ourselves today. This is why: we’ve devoted the last ten years to bringing people—all people—together. If individuals like Mr. Eich had their way, then roughly 8% of the relationships we’ve worked so hard to bring about would be illegal. Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.

If you want to keep using Firefox, the link at the bottom will take you through to the site.

However, we urge you to consider different software for accessing OkCupid.

Now, let us be clear: the complaint against Eich had nothing to do with his job. Firefox was not an anti-gay software platform.  In fact, I doubt that it’s codebase contains any logic pertaining to sexual orientation.

The Mozzilla Foundation produces open source tools that allow people to publish informsation and communicate with each other via the Internet.  If anything the Mozilla Foundation has and will continue to help members of marginalized groups or groups that are discriminated against to connect with and support each other.

That wasn’t going to change with Eich at the helm.

So, OKCupid wasn’t upset at the way Eich was doing his job, they wanted to fire him because they hated that he had once supported a political movement they hated. They wanted nothing but failure for him.

But what was his crime?  The political movement he had given $1,000 to that lost in the courts.  Proposition 8 cratered.  Completely.  And with changing demographics, it will be decades before something like it has a chance of winning at the polls and being upheld by the courts.

In short what the senior officers of OKCupid were hoping to do was to intimidate the opponents of gay marriage into silence.  Rather than being gracious victors who foster peace, they wished to continue fighting.  And in doing so, they will only embolden their opponents in the culture war to fight harder.

Most of the opponents of gay marriage fear the cultural upheaval that would result from such a massive change to an institution that they see as the foundation of society.  The way to get them to accept the change is by showing them that the inclusion of homosexual relationships in the set of legally sanctioned unions will not destroy society, that their lives will continue, their communities prosper, and their children will be allowed to grow to realize their potential.

Attempting to destroy their livelihoods and drive them out of civil society will go against that goal.  Persecuting them will only harden their hearts against those who persecute them.   OK Cupid did not strike a blow for tolerance.  Rather, they flamed the fires of intolerance, and who knows what those flames will consume should those fires burn out of control.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.


Last week at United Liberty, Alice Salles posted a very disturbing article about the NSA and GCHQ intercepting and storing webcam images from supposedly private web chats. Between 3 to 11 percent of these images contain sexually explicit content. What would the NSA and GCHQ possibly want with these images apart from a few individual agents getting their jollies?

According to secret documents leaked by Edward Snowden, it seems that these images are to be used to embarrass any would-be critics of the NSA, GCHQ, or anything else the federal government doesn’t want the citizens to get too uppity about. Glenn Greenwald explains:

By publishing these stories one by one, our NBC reporting highlighted some of the key, discrete revelations: the monitoring of YouTube and Blogger, the targeting of Anonymous with the very same DDoS attacks they accuse “hacktivists” of using, the use of “honey traps” (luring people into compromising situations using sex) and destructive viruses. But, here, I want to focus and elaborate on the overarching point revealed by all of these documents: namely, that these agencies are attempting to control, infiltrate, manipulate, and warp online discourse, and in doing so, are compromising the integrity of the internet itself.

Among the core self-identified purposes of JTRIG are two tactics: (1) to inject all sorts of false material onto the internet in order to destroy the reputation of its targets; and (2) to use social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable. To see how extremist these programs are, just consider the tactics they boast of using to achieve those ends: “false flag operations” (posting material to the internet and falsely attributing it to someone else), fake victim blog posts (pretending to be a victim of the individual whose reputation they want to destroy), and posting “negative information” on various forums.

Greenwald is in no way being hyperbolic here. Some of this might sound like some kind of Alex Jones nonsense, but these conclusions are based on actual leaked documents he shared in the article itself (I highly recommend everyone read these). Here are two leaked Power Point slides that I found to be very revealing and disturbing:


Pay special attention to the last bullet point on the second slide: “The 4 D’s: Deny / Disrupt / Degrade / Deceive.”

These are the tactics that are to be used against American critics of the federal government! The federal government is using the internet via social media to destroy lives and reputations (for national security?). As outrageous and Orwellian as this all is, as I learned reading Jesse Walker’s latest book, these tactics are not new. J. Edgar Hoover had a program called COINTELPRO, and there was a similar CIA program during the Nixon administration dubbed “Operation CHAOS.” The only difference now is the technology to carry out these operations is vastly improved.

In the light of these blatant, strategic lies, how can we ever trust anything we are told by the federal government? It seems the “Innocence of Muslims” video deception Obama’s Ministry of Truth tried to sell us during the 2012 Benghazi attacks was only par for the course!

This revelation made possible by the hero and patriot Edward Snowden* should serve as a warning to us all any time the government accuses anyone of being a terrorist or a traitor to take such accusations with a great deal of skepticism.

*And yes, he is a hero and a patriot make no mistake about that.

1 2 3 4 13