Category Archives: Constitution

Quote of the Day: #Ferguson Edition

Here’s a great observation for Lucy Steigerwald writing from Rare:

Whether the shooting of Brown by Wilson was justified or not, it’s important to remember that there were good reasons people distrusted the Ferguson police’s narrative of events.

Police did everything wrong after Brown was killed. They left his body in the street, they refused to answer questions or identify the officer. They used military tech to answer the protests that resulted. They repeatedly teargassed crowds, arresting peaceful protesters and members of the media.

Officer Darren Wilson shouldn’t be punished for the impression that people — especially minorities — have of the police. If he doesn’t deserve prosecution, he shouldn’t be prosecuted. Whether he deserves harsh, little, or no punishment is still up for debate.

Read the whole thing. The entire article is worth quoting but I thought I would just wet your beak.

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Why FIRE Is Wrong To Criticize Utah State For Anti #GamerGate Speaker’s Cancellation

sarkeesina

Let me get this out of the way before we get started. For the most part, I like the work that FIRE does on free speech issues on university campuses. Universities are meant to be a place where ideas can be expressed freely, and all too often that’s no longer the case for many reasons.

I also deplore death threats and believe they have no place in political discourse, on either side of any political issue. Anyone who issues death threats for the purpose of silencing speech should be prosecuted to the fullest extent of the law for terrorism, because that’s what this is.

Now that all that is out of the way, let’s get into the story. A couple of weeks ago, Anita Sarkeesian, who is a feminist speaker and opponent of #GamerGate (if you need a #GamerGate 101, read Christopher Bowen’s piece on the topic) canceled her scheduled lecture at Utah State University due to death threats and the fact that Utah universities allow concealed weapons at universities.

The Salt Lake Tribune has more:

In a phone interview from San Francisco, Anita Sarkeesian said she canceled Wednesday’s lecture not because of three death threats — one of which promised “the deadliest school shooting in American history” — but because firearms would be allowed in spite of the threats.

“That was it for me,” said Sarkeesian, who has kept multiple speaking engagements in the face of death threats, including one last week at Geek Girl Con in Seattle. “If they allowed weapons into the auditorium, that was too big a risk.”

She also pledged never to speak at a Utah school until firearms are prohibited on Utah’s campuses and called for other lecturers to join her in boycotting the state.

The USU police and the FBI determined that the threats against Sarkeesian were not credible. Also, Utah passed a law in 2004 that banned universites from restricting guns on campus. Whether or not you like that law, that is the law in Utah.

USU police though offered to tighten security at Sarkeesian’s lecture:

Sarkeesian said she asked for metal detectors or pat-downs at the entrance of the Taggart Student Center auditorium, but USU police said they could not prevent those in attendance from carrying weapons into the lecture if they had concealed weapons permits. Though she said, “in hindsight, I don’t think I’d feel comfortable with any weapons in the auditorium.” Police instead promised more officers and a backpack check at the doors. Sarkeesian said she asked whether police could screen the audience for guns and let them in if they had permits, but Vitale said campus law enforcement officers believed that would have been needlessly invasive for the audience.

“If we felt it was necessary to do that to protect Miss Sarkeesian, we absolutely would have done that,” Vitale said. “We felt the level of security presence we were putting into this was completely adequate to provide a safe environment.”

In this era of where we read about police officers violating the rights of the citizens they’re supposed to protect and serve, it’s good to see the USU police try to balance Sarkeesian’s safety with the rights of the audience. However, this wasn’t good enough for Sarkeesian and she cancelled her speech.

It’s clear that Anita Sarkeesian canceled her speech to make a point about concealed carry on campuses and this is a political stunt, not a threat to free speech because the university tried to work with her on security. The university did their job. For more on the gun control implications, read this.

Now enter FIRE’s Gina Luttrell who on their official blog criticized the university for not doing more to prevent the cancellation.

Regardless of the specifics of Utah’s open carry laws, universities do absolutely have an obligation to make sure that reasonable steps are taken to protect speakers—particularly when credible threats are made against them or when there may be violence toward them for their speech. Utah State should have worked harder to ensure that Sarkeesian would be safe speaking on its campus. Frankly, it’s difficult to believe that this would not have been possible to do while also staying within the bounds of state and federal law.

What more does Luttrell and FIRE want USU to do? They tried to work with Sarkeesian on a security plan that would’ve been compliant with Utah law against a threat that the FBI and USU police deemed to be non credible and Sarkeesian rejected it in favor of a political stunt against guns on college campuses. Instead of attacking the university, FIRE and Luttrell should be attacking Sarkeesian for trying to frame her attacks on the Second Amendment as a free speech issue. At the same time, you can’t force someone to speak somewhere they’re not comfortable speaking for whatever reason.

The answer to attacks on freedom is not to restrict freedom. It’s truly disappointing to see organizations give the cover of defending civil liberties to those who are attacking freedom, in this case giving the cover of defending free speech to a woman who is trying to restrict the right to keep and bear arms on campus.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Watch Out For The Lever-Action Full Auto Double Barrel AR-15

Here’s a picture from the folks at Satirical Analysis, whose Facebook page you should like, along with our page, that sums up the American media’s stupidity in the gun control debate.

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Of course, the Ottawa shooter was using a common lever-action hunting rifle, but they’ve also been nicknamed the “cowboy assault rifle” because they have a high rate of fire compared to bolt-action rifles.

Hmmm…….maybe this picture may not be so satirical afterall….

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Here’s A 10 Year Old Girl That Can Shoot Better Than You

Meet Shyanne Roberts, a 10 year old girl from New Jersey. However, while most girls her age play soccer or softball, she shoots competitively.

As you can see, she can handle an AR-15 and a Glock semi-automatic handgun. I’m sure she can already shoot better than most of our readers and contributors.

It just goes to show you that if kids are taught gun safety and how to handle firearms responsibly, they won’t pose a risk to themselves and to others.

For more about this remarkable young lady, check out this post at IJ Review.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Idaho Gay Marriage Lawsuit Moot – City Backs Down

I’ve covered the Idaho “Hitching Post” gay marriage case. I started with a relatively in-depth look at the legal issues involved on Monday, and then covered some inconsistencies in the history of the Hitching Post’s religious designation yesterday.

Today, though, it has all been resolved. The Hitching Post’s recent change from performing civil marriages as well as religious marriages to performing ONLY Christian religious ceremonies, and explicitly forming themselves as a religious business 3 weeks ago, have now exempted them from the anti-discrimination ordinance.

From Boise State Public Radio:

Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.

“After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

Now, it’s partly incorrect to draw some links between this case and Hobby Lobby. That of course involved a federal law whereas this is a city ordinance, and that case was decided on the grounds of the federal RFRA, where the religious exemption is what protects the Hitching Post here. (That said, Idaho has an RFRA, and virtually everyone is in agreement here that forcing the ministers themselves to officiate the ceremony would violate it.)

But at the same time, there were a few things in that decision (and the precedent discussed in the decision) that are instructive.

The first is that Hobby Lobby held that a “closely held” corporation could have religious beliefs, in the sense that it was the direct expression of a very small-knit group of owners. While a publicly-traded corporation wouldn’t have the same protection, a corporation held by a small religious family is entitled to the same protections under RFRA that the owners themselves would be, because the corporation is not truly separable from them as owners.

The second is that under previous RFRA cases, generally any sincerely-held religious belief is taken at face value. The Court isn’t in the business of deciding what religious beliefs are “valid” and what religious beliefs aren’t. Thus, as long as the actions of the Hitching Post are consistent as a religious corporation, forcing them to offer services to same-sex engaged couples violates their religious freedom. Thus, from the Boise article again:

Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies.

“However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

So while some of the red-meat Conservatives were hoping that this would be the wedge that destroys gay marriage, I think everyone’s out of the water.

And to the Knapps, while I profoundly disagree with your belief, and sincerely hope that you come to my side of the aisle on this one, I am glad that you won’t be going to prison or subject to fines. As a libertarian, I think you’re wrong, but as you haven’t taken anyone’s rights away by failing to offer them services, I’m not in the camp that wants to throw you in a cage for it.

H/T: Reason

That Idaho Gay Marriage Lawsuit? It Just Got Murky.

On Monday, I posted about the Idaho pastors who filed a lawsuit as Couer d’Alene’s anti-discrimination ordinance threatened them with large fines and possible jail time for a refusal to perform same-sex weddings at their chapel, The Hitching Post.

As background, I posted excerpts from the Hitching Post’s lawsuit regarding their employee policy:

Then, the Employee Policy specifies the following Rules and Regulations:
• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.
..snip..
• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.

And my analysis, with a bit of added emphasis which will soon be clear:

Is the Hitching Post a religious entity, or is it a non-religious business? I have a feeling it’s going to come down to under what circumstances they’ve turned away traditional couples based on other violations of their Christian beliefs. If they have a history of turning away open atheists, or turning away Muslims, or perhaps frowning on Christian/Muslim unions, they may have a leg to stand on. In that case, they can show that they’ve turned away opposite-sex couples (and their dollars) based upon the sincere religious nature of their business.

But if they’ve got a history of taking money from pretty much any opposite-sex couple that walks through the door and it’s only the gays that they turn away, I think they may be considered a public accommodation. Even then, they have an extrajudicial way out. If they do allow same-sex couples to bring their own officiant, they would thereby be excluded from having to do the specific act (solemnizing the wedding before God), which I think many courts would view as not substantially burdening their Free Exercise.

So, what’s the history of the Hitching Post? Well, that’s where it gets murky. Walter Olson of Overlawyered tipped me off on this one.

You see, the lawsuit pointed out all the ways in which the Hitching Post was a deeply religious business, using their ceremony as ministry to bring couples to the Lord.

Only, the Operating Agreement was signed on October 6, 2014. It was submitted as an exhibit to the lawsuit here (scroll down to page 91). Now, it’s one thing to find a document with a date on it… After all, for all we know, the previous Operating Agreement might have been substantially the same as this one.

But Google Cache doesn’t lie. Jeremy Hooper from Good As You points out that as recently as Oct 9, the Hitching Post web site said that they offer marriages of both the religious and civil variety, and even of ceremonies of other faiths. (Screen shots available at that post).

Some “ministry”.

Now, I still don’t doubt that the Knapps have sincere religious beliefs against gay marriage. But it certainly seems that the Hitching Post, as a legal entity, just seems to have found God recently.

And it seems to me that the ADF is manufacturing a victim of the Couer d’Alene ordinance.

I’m finding my sympathy level for all parties involved is beginning to wane.

What American Christians Can Learn From A Muslim Woman Calling Out Her Own Community

There’s a Facebook post that has gone viral of a Georgia woman, who is Muslim, essentially blasting her fellow Muslims for demanding a special increase in food stamp benefits to offset the higher cost of halal food. One of this young lady’s followers screen capped the image, drew a line through her name and eyes to protect her privacy and posted it in Imgur.

Here it is:

L8yrtlK

I know the young lady who wrote this post. She’s a Bosnian immigrant who came to America with her family to escape the Bosnian Civil War of the 1990s. She grew up in the U.S. and became a political activist who lives outside of Atlanta. I have the privilege of knowing her and I am proud to call her a friend.

Obviously I with the post, however it got me to thinking, are American Christians also asking the state for special treatment? Unfortunately, the answer is yes and it is just as wrong as when American Muslims ask the state for special treatment.

All members of religious groups (and those who don’t belong to or believe in any religion for that matter) are entitled to is to practice their religious beliefs in peace, as long as they do not harm others. This applies whether your religion is the majority religion in the country or has very few adherents.

There are many American Christians who want the government to fight poverty and support increased welfare spending to do it. Other American Christians want the government to enforce their definition of marriage and base the laws upon their version of morality. This manifests itself in everything from blue laws to abstinence only sex education.

The worst example of this is Mike Huckabee or as we like to call him around here, “Tax Hike Mike.” Tax Hike Mike believes that God wants him to do everything from support Common Core, to fight global warming, to oppose same sex marriage. Essentially, Tax Hike Mike wants special, religious based privileges for himself and his followers above and beyond the protection of the freedom of religion.

Christians are called to fight poverty by giving to the poor, not to have Caesar redistribute the wealth of your neighbors to fight poverty. Christians are called to demonstrate their faith by living by example, not to have Caesar pass laws to mandate how their neighbors live. Christ instructed us to fufill the Great Commission by bringing the Gospels to the four corners of the world, not give that duty to Caesar. American Christians, on both the right and the left, need to stop outsourcing their own duties as Christians to the government.

 

The day may come that Christianity will not be the majority religion in the United States. It wouldn’t be unparalleled in world history for a nation to change its religious beliefs over a generation or so. One day, Christians even in America may find themselves at the mercy of a government determined to promote its own views that maybe contradictory to Christianity. It’s an experience many Christians around the world already experience daily.

If we as Christians want to be free to practice our beliefs in peace, we must acknowledge the right of all faiths in this country to practice their own faith. We cannot complain about Muslim special privileges if we ourselves are using the state to secure special privileges.

I believe that freedom and virtue go hand in hand and reinforce each other. Sometimes, we Christians need to be mindful of the “freedom” part. After all salvation itself is a gift from God through his son Jesus that must be freely accepted.

 

 

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Should Adrian Wyllie (L-FL) be Included in Debates?

Last week, Florida became the laughing stock of the nation once again when the televised gubernatorial debate was postponed because of a fan. The bigger story may be that the event organizers, Florida Press Association and Leadership Florida, excluded Libertarian Party candidate, Adrian Wyllie, because he did not meet the minimum polling threshold of 15%. Despite an 0ptimus poll, which showed Wyllie trending 13%, which would have put him within the margin of error of the polling threshold, Wyllie was still excluded because the poll was not released prior to September 30. Wyllie filed suit in the Southern District of Florida to be included, but a federal judge  sided with event organizers:

U.S. District Judge James I. Cohn said Wyllie did not meet the requirements for gaining access to the debate hosted by the Florida Press Association and Leadership Florida. Cohn said the private nonprofit debate sponsors did not change the access rules by increasing the polling threshold required for a qualified candidate, 15 percent.

Also, Cohn ruled, Wyllie’s exclusion was not a violation of his First or Fourteenth Amendment rights. Wyllie argued that, because the event is to be held at the publicly funded BrowardCollege, he had a free-speech right to be onstage with Gov. Rick Scott and Democrat Charlie Crist.

But Cohn said BrowardCollege was merely the location and that the event is a “nonpublic forum,” according to case law.

Cohn said the defendants “offer legitimate reasons” for excluding candidates like Wyllie and six others because the goal of the debate is “to provide a forum to inform Florida voters through the meaningful exchange of ideas among those gubernatorial candidates with a reasonable chance of winning the election.”

 

In an election where both the Republican and Democrat candidates are largely unpopular, who is to say that Wyllie does not stand a “reasonable chance of winning the election?” A recent CNN/ORC International poll found that neither major candidate has more than a 50% favorable rating. The same poll has Wyllie trending 9%, with Rick Scott and Charlie Crist in a statistical tie at 44% a piece among likely voters. Scott and Crist’s low favorability ratings suggest that many likely voters will be voting for “the lesser of two evils” because they don’t realize that there are other options.
If a potential candidate has qualified for the ballot, should they not have the opportunity to be heard by the voters? While I agree that the event organizers, who are private entities, should be allowed to invite or exclude whomever they choose, I think that it is bad policy. To exclude a candidate who is polling in or close to double digits, with a fraction of the funding of the major party candidates, denies the voters the right to hear all sides of the issues. (To see all of the candidates’ fundraising figures, click here.)
Florida is not alone. Robert Sarvis, a Libertarian candidate in Virginia, was excluded from the gubernatorial debates last year despite polling 9% at the time. In Minnesota, Independence Party candidate, Hannah Nicollet, was excluded from two of the four televised debates despite a tradition of including third party candidates in Minnesota. Some states have been more willing to allow third party and independent candidates to participate . Earlier this month, Idaho included Libertarian and Independent candidates in their gubernatorial debate. There is no reason to exclude Wyllie, or other third party candidates, from the debate other than to protect the interests of the two major parties. Voters deserve better. We deserve to hear from all eligible candidates and to hear all sides of the issues.
The third and final Florida gubernatorial debate will be held tonight at 7:00 pm e.s.t. and will be hosted by CNN. This post is not an endorsement of Adrian Wyllie nor his campaign, but an attempt to start a dialogue on the issue of open debate.
(Editor’s Note: The post was changed after publication to reflect that the debate is tonight, not tomorrow night –Kevin)

 

Here’s Photographic Evidence That Proves Bobby Jindal Is A Squish

Louisiana Governor Bobby Jindal and his wife went to the shooting range yesterday. Jindal, who is expected to run for president, had an interesting choice of weapons and on that could tell a lot about himself.

Governor Jindal and his wife shot both an AR-15 and an AK-47 clone.

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Now if this doesn’t tell you that Bobby Jindal is a squish, I don’t know what will. You’re either an AR guy or you’re an AK guy. If Jindal won’t take a stand on this important issue, how can we expect him to stand up to Iran or Putin?

» Read more

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Idaho Pastors Threatened With Jail Time Over Refusal To Marry Gays

Opponents of gay marriage have consistently predicted that legalization of gay marriage would force churches to perform the ceremony. Supporters have said that this was highly unlikely, and not the intent of legalizing gay marriage.

It appears the first shots have been fired in this fight, and it’s an extremely interesting case. As usual, in a case like this, hyperbole is flying FAR ahead of knowledge, so I’ll do my best to give you the whole picture. Hyperbole aside, the Alliance Defending Freedom–who I’m somehow now linking twice in a week?–gives a pretty solid summary:

The Hitching Post Wedding Chapel is across the street from the Kootenai County Clerk’s office, which issues marriage licenses. The Knapps, both in their 60s and who themselves have been married for 47 years, began operating the wedding chapel in 1989 as a ministry. They perform religious wedding ceremonies, which include references to God, the invocation of God’s blessing on the union, brief remarks drawn from the Bible designed to encourage the couple and help them to have a successful marriage, and more. They also provide each couple they marry with a CD that includes two sermons about marriage, and they recommend numerous Christian books on the subject. The Knapps charge a small fee for their services.

Coeur d’Alene officials told the Knapps privately and also publicly stated that the couple would violate the city’s public accommodations statute once same-sex marriage became legal in Idaho if they declined to perform a same-sex ceremony at their chapel. On Friday, the Knapps respectfully declined such a ceremony and now face up to 180 days in jail and up to $1,000 in fines for each day they decline to perform that ceremony.

First, of course, we need to make an assumption. The assumption is that anti-discrimination laws are just and good and necessary. There are many areas within libertarianism in which this comes into question. I do not intend to cover that here. As a result, we get into questions of competing rights regarding access to a “public accommodation” vs the Free Exercise protection of the First Amendment.

An example. If you own a restaurant, serving the public, and refuse to serve a married same-sex couple because their lifestyle offends your religious beliefs, you’re pretty clearly in the wrong. Why? Because your religious beliefs are not central to the service you perform. If you are a conservative Christian wedding cake maker or a wedding photographer who refuses to provide services, you’re also legally in the wrong. Operating a camera or baking a cake is not an inherently religious act. Barring services impedes a same-sex couple’s access to a public accommodation MORE than it impedes your right to Free Exercise of your religious beliefs.

When it comes to performing marriages, however, this changes. For example if you are a same-sex couple who wants to force the Catholic Church to host your wedding, you’re out of luck. In that case the religious purpose of the institution is key. It is clearly a religious institution for which performing marriages is a sacred rite, and you don’t have the right to force them to officiate marriages contrary to their sincerely-held religious beliefs. As a result, the Coeur d’Alene statute does have an exemption for religious institutions.

So where does the Hitching Post sit? Here’s where it gets complicated. Are they a “public accommodation” because they’re primarily a business, not primarily a church, performing marriages for a fee? Or are they primarily a ministry advancing the teachings of Christ through the marriages they perform, and should be exempt from Coeur d’Alene’s law based on the religious exemption. I’m 50 pages into ADF’s lawsuit, and I’m having a hell of a time figuring it out.

For example, even the facts asserted in the lawsuit suggest that the Hitching Post is primarily a business, situated where it is in a very opportunistic location out of convenience.

72. This current location is 524 N Government Way, Coeur d’Alene, Idaho.
73. In this location, the Hitching Post Chapel is approximately 300 feet from the Kootenai County Clerk’s office.
74. The Hitching Post Chapel and the Kootenai County Clerk’s office are located on the same street.
75. The Kootenai County Clerk’s office issues marriage licenses.
76. A person can walk from the Kootenai County Clerk’s office to the Hitching Post Chapel in roughly 1 minute.
77. Couples often do precisely this. They get their marriage license from the Kootenai
County Clerk’s office and walk across the street to wed at the Hitching Post Chapel.
78. Because the Clerk’s office is so close by, the Hitching Post Chapel is a very convenient and popular spot for couples wanting a wedding service.
79. Roughly 50% of Hitching Post customers come to the Hitching Post Chapel on the same day they receive their marriage license from the Kootenai County Clerk’s office.

Having been married in the Catholic Church myself, I can tell you that nothing I’ve read in the facts of this lawsuit suggest that the ministry offered by the Knapps is anything like the excruciating Engaged Encounter my wife and I had to sit through! And the 12-minute ceremony on youtube officiated by the Knapps doesn’t seem to carry the mass of the 1 1/2 hour Mass at our wedding…

Nor, IMHO, are they helped by the fact that they’re doing 1400 weddings a year, and don’t seem to offer any other religious ministry outside of the ceremonies they perform. They limit officiation of weddings to only themselves, but one can suggest that this is done to ensure their site is not used for same-sex weddings. They certainly don’t seem to have any issues officiating the weddings of other faiths:

Then, the Employee Policy specifies the following Rules and Regulations:
• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.

• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.

One can imagine that a same-sex couple bringing their own officiant [while still paying the Knapps full price] would not substantially burden the Knapps’ religious Free Exercise, but as you can read, their own policies ensure that this is not acceptable.

On the opposite side, the fact that they DO only perform the marriages themselves, and specifically DO provide quite a bit of Christian-oriented material to the couples they marry (see pages 28-31 of the lawsuit). I do honestly believe their religious beliefs are sincerely-held. I do believe they view their business as doing the Lord’s work, as their ministry to the world.

That’s why this is so hard. The question is not whether churches can be forced to perform gay marriages, but the degree to which certain businesses are religious or non. Coeur d’Alene city attorney Warren Wilson, while arguing that the Hitching Post probably falls under the “public accommodation” designation, had this to say:

“I would think that the Hitching Post would probably be considered a place of public accommodation that would be subject to the ordinance.”

In Washington, no clergy person is required to marry a couple if doing so would violate the dictates of their faith tradition. Idaho does not have a similar exemption in place, but religious entities are exempt from the Coeur d’Alene ordinance, so pastors in the city are not obligated to perform same-sex weddings. But any nonreligious business that hosts civil ceremonies would fall under the city law, Wilson said.

Is the Hitching Post a religious entity, or is it a non-religious business? I have a feeling it’s going to come down to under what circumstances they’ve turned away traditional couples based on other violations of their Christian beliefs. If they have a history of turning away open atheists, or turning away Muslims, or perhaps frowning on Christian/Muslim unions, they may have a leg to stand on. In that case, they can show that they’ve turned away opposite-sex couples (and their dollars) based upon the sincere religious nature of their business.

But if they’ve got a history of taking money from pretty much any opposite-sex couple that walks through the door and it’s only the gays that they turn away, I think they may be considered a public accommodation. Even then, they have an extrajudicial way out. If they do allow same-sex couples to bring their own officiant, they would thereby be excluded from having to do the specific act (solemnizing the wedding before God), which I think many courts would view as not substantially burdening their Free Exercise.

So what does this all mean? It means we’re probably in for a very long, protracted legal battle. If this goes to a judge for ruling rather than some sort of settlement or extrajudicial recourse, it’ll probably be decided on grounds VERY unique to the specifics of the Hitching Post and their history of exerting their religious will vs acting like a for-profit business, and not on the wider legal issue of discrimination in general.

What does that mean? It means that this case will probably be useless when it comes to deciding future precedent, and will be highly technical. Of course, that won’t stop whichever side loses from considering it the end of their world.

John Grisham Had A Point On Child Porn Punishments

John Grisham, a lawyer famous for his legal thrillers who has advocated for a more reasonable approach to crime sentencing and is on the Board of Directors for the Innocence Project, has caused a stir with his comments on some men who watch child porn:

“We have prisons now filled with guys my age. Sixty-year-old white men in prison who’ve never harmed anybody, would never touch a child,” he said in an exclusive interview to promote his latest novel Gray Mountain which is published next week.
“But they got online one night and started surfing around, probably had too much to drink or whatever, and pushed the wrong buttons, went too far and got into child porn.”

Mr. Grisham referred to a person he knew from law school who got himself in trouble regarding 16 year old girls:

“His drinking was out of control, and he went to a website. It was labelled ‘sixteen year old wannabee hookers or something like that’. And it said ’16-year-old girls’. So he went there. Downloaded some stuff – it was 16 year old girls who looked 30.

“He shouldn’t ’a done it. It was stupid, but it wasn’t 10-year-old boys. He didn’t touch anything. And God, a week later there was a knock on the door: ‘FBI!’ and it was sting set up by the Royal Canadian Mounted Police to catch people – sex offenders – and he went to prison for three years.”

“There’s so many of them now. There’s so many ‘sex offenders’ – that’s what they’re called – that they put them in the same prison. Like they’re a bunch of perverts, or something; thousands of ’em. We’ve gone nuts with this incarceration,” he added in his loft-office in Charlottesville, Virginia.

Reaction has been negative, and somewhat predictable. Think Progress was quick to condemn. Others have gone beyond condemnation and gone straight to calling for government intervention. Rosie O’Donnell has hinted that he should be targeted by the police:

(…) “Did John Grisham feel like these people needed a champion and he was it? I actually was horrified by what he said, as was most of the country because now he’s issued an apology… Nobody accidentally stumbles onto child pornography. If I were the police, I’d look at John Grisham’s hard drive right now.”

Despite the rage, Grisham has had defenders, including Radley Balko of the Washington Post:

Grisham certainly could have chosen his words better. But he isn’t wrong, and the invective he’s receiving right now is both misinformed and wildly over the top. There are Twitter users calling him a pervert, or for his home to be raided by the FBI. It isn’t all that different than suggesting that people who criticize the drug laws must be doing or selling drugs.

Take this quote out of context, and one could make Grisham look like he thinks the biggest problem with the criminal justice system is that old white guys are getting locked up for looking at child porn. But context is important. Grisham has spent a great deal of time, money, and influence advocating for criminal justice reform. He helped found the Mississippi Innocence Project, and sits on the board of directors for the Innocence Project in New York. He wrote a nonfiction book about a wrongful conviction, and helped another get published. He testified before Congress about the need for reforming the forensics system, addressing the problems he’s seen firsthand in Mississippi.

Grisham, feeling the heat, apologized:

Anyone who harms a child for profit or pleasure, or who in any way participates in child pornography—online or otherwise—should be punished to the fullest extent of the law.

My comments made two days ago during an interview with the British newspaper “The Telegraph” were in no way intended to show sympathy for those convicted of sex crimes, especially the sexual molestation of children. I can think of nothing more despicable.

I regret having made these comments, and apologize to all.

Even the “law school buddy” he was referencing, a Gulfport, MS personal injury lawyer named Michael Hollemann, has stated that he deserved his punishment:

Speaking to the Daily Mail, Mr Holleman, once one of Mississippi’s top criminal lawyers, said that did something illegal and it was right to have received punishment.

“I did something wrong and I don’t have a bit of resentment about the way I was treated,” he said.

“It’s illegal and should be punished. If it’s a crime, it’s a crime. There’s a violation of the right of privacy involved. There’s people now who, because of the internet, who are making child pornography so they can share it across the internet. There are good reasons for it to be illegal and punished.”

It’s important to note one thing: no one involved, including myself, is stating that downloading child pornography should not be punished. It should be, without a doubt. Plus, even Grisham admits he spoke poorly.

However, the larger context of Grisham’s overall point is one about inflexibility. In Hollemann’s case, he was looking at a site of women advertised as 16. It is illegal – in both the United States and Canada1, where the sting was conducted – to look at pornography involving anyone under 18. But the age of consent in many states is 16; that means that some states have determined that 16 year olds are mature enough to decide when they want to have sex. We currently sentence looking at a 17 year old – such as former porn star Traci Lords, as noted by Balko – as harshly as looking at children half that age, despite the fact that that 17 year old can enlist and fight in a war if they want.

Of course, Holleman was guilty of looking at a site that clearly advertised 16 year olds. There are no provisions in the law as it stands for looking at something that’s not advertised as such. There’s also no allowance for minors looking at minors (e.g.: sexting). This has allowed a few attorneys general to make grandstanding pledges to arrest and charge all of the kids involved in cases where sexting has gone wrong – such as images being leaked, be it maliciously or via hacks like the recent Snapchat hack – with either possession of or manufacturing child pornography.

In both cases, the issue isn’t just the threat of jail time, it’s being permanently branded with a scarlet letter via the databases created by Megan’s Law. The intent behind the law is noble, but the consequences have been people being branded as heinous sex criminals – forever limiting their ability to get and hold a job, travel, or even live peacefully – for accidentally downloading child pornography, or for sleeping with the wrong teenager in the wrong state who has the wrong father. The ends do not always justify the means.

On a troubling note at a societal level is the call for John Grisham to be raided by the FBI. The fact that such a call flaunts the very purpose of the First Amendment – that government cannot punish people for their opinions or statements – is flagrantly obvious, but many people would be willing to trample the Constitution If It Protects Just One Child™. It’s easy to laugh at Rosie O’Donnell because she’s Rosie O’Donnell, but any time someone gets busted for anything relating to child pornography, there’s an arms race of sorts to see who can think of the best way to punish the perp. Lifetime jail term! Chemical castration! Execution! Mob mentalities accomplish nothing.

This is a bipartisan issue as well. The left is generally concerned with protecting victims, while the right is generally concerned with removing society’s unfit, but they both agree that children must be protected. This is noble. But the calls to raid John Grisham show why it’s very hard to get moderation on this issue: any calls for such are perceived as the person in question proclaiming that child pornography is a wonderful thing, and to Hell with the kids. Nothing could be further from the truth, but it makes even agreeable goals such as fixing Megan’s Law or adding provisions for things such as sexting leaks virtually impossible to reach.

John Grisham wasn’t railing in favour of child porn, he was really coming out against mandatory minimum sentencing, which is consistent with his statements on this subject for years. We can’t shred the Constitution because it’s popular. In the meantime, I urge people who have the welfare of exploited children in mind to consider supporting or donating to the Rape, Abuse and Incest Network or to the Polaris Project.

1 – Canada’s federal age of consent laws – key here, draw a line between regular sexual activity – where the age of consent was raised from 14 to 16 in 2008 – and that which “exploits” the person in question, with listed examples being that of pornography, prostitution, or anyone in a position of trust, e.g. teachers, caretakers, coaches, etc. Source: Canadian Department of Justice.

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.

These Videos Of Homemade Guns Show That Gun Control Laws Are Useless

Gun control advocates believe that if they pass laws to restrict the access of firearms, crime will decrease. However, as ingenious inventors and builders around show that mere laws cannot stop human creativity and the ability to make do, especially as it comes to the need to self-defense and to hunt animals for food. They have resorted to making homemade guns to meet their needs.

How easy is it to make a weapon? It’s so easy you can make a deadly weapon from components easily found at a hardware store.

(DISCLAIMER: The Liberty Papers is not responsible for any accidents or legal consequences of trying to copy these weapons or building similiar homemade guns. These videos are being presented purely for informational purposes and are property of their original uploaders.)

Okay, granted that’s just an airgun, albeit a lot more powerful one than the airguns you can buy at Wal-Mart. What about actual firearms? Well, don’t worry, we’ve got you covered. Here’s an example from Cambodia:

You’re probably thinking “Oh wow Kevin, muzzleloaders were the thing….back in the 1800s.” Well, just as firearms in general have come a long way since then, homemade firearms have come along as well.

Here’s an example with a .410 revolver shotgun, that’s completely homemade by an 18 year old young man:

Not only can homemade gun makers build shotguns, they can also build submachine guns as well.

Look at this example from Poland.

Finally, homemade gun makers can even make full-size machine guns. Here’s an example of a machine gun that is fed by common 12 gauge shotgun shells.

All the laws in the world will not stop criminals or anyone else from that matter, from building or acquiring the firepower they need to defend themselves or to do terrible things. Instead of forcing people to rely on such crude devices, they have the right to access the better made means of self-defense.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

President Obama Appoints Drug War Opponent To Head DOJ’s Civil Rights Division

President Obama has appointed attorney Vanita Gupta to head the Department of Justice’s Civil Rights Division. What should be of interest is Ms. Gupta’s opposition to the Drug War and calls for prison reform.

Reason has more:

A drug-war denouncing, prison-reform crusading, longtime civil-rights attorney is President Obama’s new pick to head the Justice Department’s civil rights division. Venita Gupta, 39, will take over as acting assistant attorney general for civil rights next week, and the White House will likely propose making it permanent within the next few months, according to The Washington Post.

Gupta has called the drug war “disastrous”, the asset forfeiture program “broken”, and police militarization “out of control”. She supports marijuana decriminalization and eliminating mandatory minimum sentencing. “It’s time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician’s reelection agenda,” she wrote in a September op-ed for CNN.

This is a positive step from an administration that has been all talk on drug policy. While it is unknown if Gupta supports legalization, even just moving towards an approach of decriminalization, eliminating mandatory minimums, and reining in police militarization and the asset forfeiture program would be a very big positive step for civil liberties.

There has been one positive to the Eric Holder Justice Department, which is that the Holder Justice Department has been relentless in launching civil rights investigations in response to police brutality committed by local law enforcement. Gupta’s record and previous writings show that she would be as aggressive in this role as her predecessor, which is a very good thing.

All in all, this is a very good appointment by the Obama Administration that should be praised by anyone concerned with civil liberties.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Performance Enhancing? Nope… normalizing… But don’t try to tell the DEA that

There’s a funny thing about my life… I’m not sure if this is comic, tragic, ironic or what…

I spent more than 10 years as a serious competitive powerlifter, football player, wrestler, and martial artist, and another few years as a just a hobbyist.

In that entire time, I never did a single “performance enhancing drug”… Never even tempted to do so.

Now I’m a broken down, fat, middle aged cripple… who the DEA looks at like I’m a drug dealer or abuser of “performance enhancing substances”… just to keep from getting fatter, more broken down, and more crippled.

I’m 8 years into the frank symptoms of chronic illness (which turned out to be a weird and rare kind of endocrine cancer, that almost killed me, and basically destroyed my endocrine system. I have been cancer free for almost 2 years now), and  I am now on damn near the exact combination of drugs that “juicers” would traditionally use for such things.

I take more testosterone every week than most steroid abusers would even think of… and I don’t cycle it, I take it constantly, deep muscle injection every week.

I take an aromatase inhibitor to keep all that testosterone from converting to estrogens and testosterone antagonists (and giving me all the nasty side effects that not cycling off testosterone injections give you). We’re experimenting with that one right now, but we may end up adding an estrogen/estradiol antagonist to the mix on top of the aromatase inhibitor.

By the by… those drugs are normally what they give to breast cancer and ovarian cancer patients. They actually say in the interaction warnings “do not take if you are a man”… unless of course you’re a man whose body is producing too much estrogen, or converting too much testosterone into estrogens and testosterone antagonists, and blocking his ability to produce and use testosterone properly. If you’re not one of those men, it dramatically increases the effect of testosterone (and other steroid hormones) on your body.

I’m on enough primary thyroid hormone to quite literally kill a normal person… in fact, not just “enough”, the amount I take is several times the lethal dosage. It’s still may not be enough for me. The doc just increased it today, and will probably increase it again in 6-12 weeks when we sort out the effects of the new meds. Sometimes athletes abuse thyroid hormones for weight loss, increased energy, and to boost other performance enhancing hormones naturally.

For allergies, and for inflammation pursuant to the endocrine issues, I take two different other steroidal medications (a glucocorticoid and a mineralcorticoid), which act as bronchodilators and anti-inflammatories.

To deal with some of the unfun and nasty side effects and after effects of the cancer (to improve metabolic function, energy, mental acuity etc…) I’m also taking enough creatine to put a normal person into kidney failure… For me, it actually makes my kidneys work better.

Because of the aftereffects of the cancer, the endocrine issues, and the side effects of the medications, I’m on megadoses of vitamins and minerals. I mean MEGADOSES.

Between all of those, my growth hormone production and DHEA production should be elevated through the roof… as if I was taking illegal supplementation of HGH. It’s not… because my endocrine system is so screwed up.

For my edema (another lovely endocrine side effect, which can be made worse by my meds), I take more diuretics than the most abusive wrestler, gymnast, or bodybuilder. I’ve lost 24lbs in 24 hours, and 48lbs in 7 days just from the pills.

For musculoskeletal pain and systemic inflammation, I’m on more and stronger anti-inflammatories than any athlete rehabbing after a major injury (I take 1000mg of etodolac twice a day). I also get periodic shots of antiinflammatory medications directly into my knees.

Those let me get out of bed and walk. Without them… I just don’t.

Between my normal blood chemistry, the damage the cancer did, and the side effects of medications, I’ve got polycythemia, and I’m a hyperclotter. I’m basically naturally blood doping.

To counter the aftereffects of the cancer and make the other meds work better (adrenal and pituitary support), I’m on enough stimulant medication (which is also a bronchodilator) to make the DEA look funny at my doctor… until he explains all of the above.

In fact, the DEA looks funny at several of the drugs I’m taking above. My doctors have had to explain to my pharmacists, and both have had to explain to the DEA… no, I’m not a drug dealer or abuser, I’m not a steroid abusing weight lifter… I’m just a guy who needs this stuff to live.

I should be taking actual pain killers too… I’ve got enough musculoskeletal  damage, neurological damage, and inflammation, that my baseline background pain is pretty substantial.

For those familiar with pain management, I live at about a 3-4 most days, with breakthrough to a 7 on good days, and 6 or 7 with breakthrough to 9 or 10 bad days.

That’s with the meds. Without… there are no good days. There’s just days I can get out of bed, and days I can’t.

I simply refuse to take painkillers. They don’t do a damn thing for me unless I take horse tranquilizer doses, and then they knock me out cold… or worse, leave me sami conscious and barely awake, but unable to think, or concentrate, or really actually sleep. Beside, I don’t like the other side effects.

I’ve learned just to live with the pain, and take what pain reduction I can get with my other medications.

And by the way… this is a MASSIVE REDUCTION of the stuff I used to be taking, during the cancer. My primary care physician and my endocrinologist are both alternative and integrative medicine believers who hate drugs, and only prescribe the absolute minimum necessary.

I’m not overmedicated… if I go off of any of them, or all of them, nothing gets better and it all gets worse. We’ve done differential testing, going off one at a time and seeing the impact then going back on, then varying dosages… I’m definitely not overmedicated.

If anything, there are some other medications that might help me more. We’re very slowly adding things in one at a time, so we can test and measure and adjust.

This isn’t overmedication…

This is what happens, when your endocrine system completely loses the ability to regulate itself. It’s trying to regulate through medication, what the body normally regulates naturally.

It’s what I need to live, and be functional.

The worst thing is though… because of DEA actions, regulations, guidelines, and investigations… Several of my medications, that I need to live, and be productive, and actually be ME?

They’re constantly short of them, or out of them entirely. Sometimes it’s every pharmacy within 30 miles.

They don’t stock them, they don’t stock the dosages I need, or they don’t stock enough to fill my scrips for a month.

I have to get hand written, signed scrips every month, I can’t get refills, and I can’t get more than a 30 days supply at once. If I’m caught with more than a 30 days supply, I can be charged with unlawful possession, and possession with intent to distribute.

I have to hand carry those scrips to the pharmacies, only for them to tell me that it might be a week, maybe two weeks, before they can fill the scrip; because the DEA production quota for that quarter had been exceeded, or the distributors orders were above the DEAs suspect threshold, or because they had sold out of all they could order for that month without the DEA investigating them, or because one scrip of mine was more than the DEA told that pharmacy they could keep in storage.

We won’t even get into what the drugs themselves cost, or what they would cost without the regulatory and compliance burden to deal with these issues.

…And god help me if I actually took the painkillers I should be taking.

All this… because the medications that I need to live and function… are sometimes abused by other people to “enhance their performance”.

… and somehow, some people still seem to think that the “drug war” is helping?

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

James Comey vs. your privacy

Today’s smartphones contain more data about your life than any other device in human history. It could be argued that they even contain more usable information about your whereabouts and activities than your own brain. Naturally, post-Edward Snowden, protecting that information is a priority for a lot of people.

James Comey wants access to all of that information and he’s willing to let bad guys get at it too:

“Encryption threatens to lead all of us to a very dark place.”

“Encryption isn’t just a technical feature; it’s a marketing pitch … it’s the equivalent of a closet that can’t be opened. A safe that can’t be cracked. And my question is, at what cost?” Comey said. “Both companies [Apple and Google] are run by good people, responding to what they perceive is a market demand. But the place they are leading us is one we shouldn’t go to without careful thought and debate.”

[…]

“With Going Dark, those of us in law enforcement and public safety have a major fear of missing out—missing out on predators who exploit the most vulnerable among us … kids call this FOMO,” he said.

Comey kept referring to the “debate” and “national conversation” that needs to be had regarding widespread encryption. That conversation, in Comey’s mind, should stop and start with the idea that there must be a “front door” means for the FBI, NSA, and other law enforcement agencies to blast through encryption. In other words, companies should be “developing [law enforcement] intercept solutions during the design phase,” a proposition that, beyond making encryption useless, is potentially not even technically feasible.

“Congress might have to force this on companies,” he said. “Maybe they’ll take the hint and do it themselves.”

Read the whole thing.

Operation Inherent Resolve Inherently Hard to Nail Down

Operation Inherent Resolve is the new name for the 2014 U.S.-led intervention against the Islamic State of Iraq and the Levant. From military aid, advisors and humanitarian efforts, the operation has evolved into airstrikes in Iraq and Syria. The U.S. also has troops on the ground, to serve as “military advisers,” to protect key infrastructure and U.S. installations, and to coordinate humanitarian interventions.

Though the “resolve” is allegedly “inherent,” President Obama maintains these troops will not engage in combat. What is not inherently apparent is whether the operation is constitutional, how its goals will be achieved, or how things are going thus far.

CONSTITUTIONALITY

Congress has not declared war. Air strikes commenced on August 8, 2014. The Commander-in-Chief’s sixty-day grace period under the War Powers Resolution—itself of questionable constitutionality—thus expired in early October.

Or maybe Congress has authorized the operation.

The White House claims that the 2001 Authorization to Use Military Force and/or the 2002 AUMF provide sufficient Congressional approval. The former authorized the use of force against anyone who aided in the September 11, 2001, attacks (whoever or wherever they might be). The latter authorized force against “Iraq” (whatever that is).

One can have some fun—and score some purely political points—arguing that, if the same authorization applies, then those “wars” were not successfully completed. Or if they were successfully completed, and this is a new and different conflict, then POTUS needs to go back to Congress.

THE STRATEGY

In late August, Obama stated “we don’t have a strategy yet” and that his administration was working to “cobble together” a coalition to come up with one. That same month, the Pentagon suggested that airstrikes alone “are unlikely to affect ISIL’s overall capabilities,” have “a very temporary effect” and have neither “effectively contained” nor “br[oken] the momentum of the threat.”

It is now mid-October. Has the strategy been any more clearly defined?

While the U.S.’s involvement “is going to be a long term project,” the President nevertheless concedes that “[t]here is no American military solution to the larger crisis in Iraq.” Instead, the U.S. encourages the formation of an inclusive Iraqi government, which would in turn make Iraqi forces stronger and more cohesive in their efforts to defend themselves.

Wait.

We already did that once, didn’t we?

This effort will be complicated by the fact that, as the Times reported back in July, classified assessments of the Iraqi military find it to be “compromised” by extremists, making it too dangerous for US troops to work with them against ISIL.

That complication illustrates one of the overarching problems with the “war” on “terror” from the outset: We cannot tell who the enemy is and we cannot know when it has surrendered. How do we tell which people in Iraq and Syria are ISIL and which are ISIL’s victims? What would the “defeat” of ISIS look like? How do we know when it has happened? Does everyone who supports ISIL have to be dead? Do its leaders sign surrender documents?

Until we define the answers to these questions, our actions against ISIL will either be ineffective or never-ending—or both.

HOW IT’S GOING SO FAR

If it remains unclear exactly how the US will know when it has defeated ISIL or how long that might take, it is even murkier how it is going so far.

With $2 billion in assets and substantial support from Sunni Muslims around the world, ISIL’s ranks are swelling and it is drawing recruits from foreign countries everywhere. As ISIL continues to behead captives in retaliation for western interference in its endeavors, the fault lines of shifting alliances are as treacherous as ever.

In Syria, ISIL is fighting President Bashar al-Asad, who the U.S. agrees “must go.” The U.S. is trying to help Syrian “moderates” fight against both Present Bashar al-Assad and ISIL and other “non-moderate” rebels.

After Susan Rice claimed Turkey had agreed to let coalition forces use Turkish bases to assist the moderate Syrians rebels, Turkey repudiated any such agreement. Instead of helping in the fight against ISIL, Turkey has bombed a faction of Kurds called the PKK. The PKK is designated as a terrorist organization by both Turkey and the U.S. But the PKK—along with other Kurds—is currently trying to defeat ISIL militants near Kobani, which the U.S. (and presumably Turkey) also wants to do.

U.S. ally Saudi Arabia officially condemns and opposes ISIL. It is one of the coalition members. But Saudi Arabia supports Sunni Salafism, which is the philosophy also followed by ISIL.

The U.S. and Iran do not get along, because the U.S. considers Iran a terrorist state and opposes its efforts to develop nuclear weapons. But Iran is helping support the Iraqi government against ISIL. In exchange, it wants concessions on its nuclear aspirations and a reprieve of sanctions. Fighting ISIL would help the U.S. and moderate Iraqis. It would also help Iran’s friend, Bashar al-Assad, who the U.S. says “must go.” At the same time in Yemen, Iran is supporting the Houthis, who are moderate Shiites and thus enemies of ISIL. This will anger U.S. ally Saudi Arabia, who is helping in the fight against ISIL in Iraq but who also supports Sunni Salifism, which is the philosophy of ISIL.

Clear as mud?

If not, you may have some sympathy for Rear Admiral James Kirby as he tries to answer a question about how things are going in Operation Inherent Resolve. “Military action is not going to be decisive in and of itself,” Rear Admiral Kirby explains. There are “areas where we are having success,” but it is a “mixed picture.” It is “gonna take a long time” and the U.S. will be “in this … for a matter of years.”

Whatever else may be said about the author of this meme that has been making the rounds on social media, the situation can aptly be summed up as follows:

So some of our friends support our enemies and some of our enemies are our friends, and some of our enemies are fighting against our other enemies, whom we want to lose, but we don’t want our enemies who are fighting our enemies to win.

[And i]f the people we want to defeat are defeated, they might be replaced by people we like even less.

 

Miss me yet?

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

Re-post: The Right to Life Also Implies a Right to Die

Brittany Maynard says ‘I don’t want to die.’ The 29 year-old is is not unique in her desire for self-preservation as most of us do not want to die. What does make her somewhat more unique is she has tragically been diagnosed with a stage 4 glioblastoma. To put this in laymen’s terms, she has terminal brain cancer which will end her life if nature is allowed to take its course.

Brittany, however; has other plans. She has moved from California to Oregon to take advantage of Oregon’s ‘right to die’ law. Her goal is to live until her husband’s birthday on November 1st. If she lives until November 2nd, Brittany says she wishes to die on her own terms on that day. “I may be alive on Nov. 2 or I may not, and that’s my choice,” Brittany explained.

Back in June of 2007, I wrote a post entitled: The Right to Live Also Implies a Right to Die. I wrote the post in response to Dr. Jack Kevorkian’s release from prison. While I appreciated the gravity of physician assisted suicide then, it was still a bit abstract. Since that time I have seen friends and family members waste away to terminal conditions and it is truly horrifying to witness. I cannot say for sure that any of these friends or family members would have opted to make the same choice as Brittany and others have made but they should have had the choice. The state should not stand in the way of end of life decisions by the person who owns his or her life.

The following is a re-post of the original article I wrote in 2007.

Dr. Jack Kevorkian has finally completed an eight year prison term. For what exactly? For helping a terminally ill and suffering man exercise his right to a have a dignified and peaceful death. I find it very irritating that the media has given Dr. Kevorkian the nickname ‘Dr. Death’ as if he were some kind of serial killer.

Dr. Kevorkian has done our society a great service by bringing this issue into the national debate. On what basis can society deny a person his or her right to die? If we truly believe that every individual has the inalienable rights of life, liberty, and property, then the individual cannot be denied this right on any of these measures.

The individual has the right to life but this does not mean that government can force an individual to live. The individual has the right not to exercise his or her rights. The individual has the right to keep and bear arms but the government cannot force an individual to own a gun. The individual has the right to his or her liberty (provided he or she does not infringe on the liberty of others) but he or she can willfully surrender his or her liberty to be subjugated to a cult or religion. The individual has a right to his or her property (which would include his or her body by the way) which means he or she can do with it whatever he or she wishes (again, provided he or she does not infringe on the life, liberty, or property of others).

Thomas A. Bowden has an excellent piece on this issue at Capitalism Magazine.

The Declaration of Independence proclaimed, for the first time in the history of nations, that each person exists as an end in himself. This basic truth–which finds political expression in the right to life, liberty, and the pursuit of happiness–means, in practical terms, that you need no one’s permission to live, and that no one may forcibly obstruct your efforts to achieve your own personal happiness.

[…]

For these reasons, each individual has the right to decide the hour of his death and to implement that solemn decision as best he can. The choice is his because the life is his. And if a doctor is willing (not forced) to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, the law should not stand in his way.

The fear by those who oppose the inherent right to die is that the government would eventually start killing those who are suffering regardless of the wishes of the individual. But upon closer inspection, recognizing an individual’s right to choose his or her manner of death is protecting the individual’s right to life. The individual does not live for the purpose of pleasing society or the religious sensibilities of others.

The Nanny State Strikes Again: School’s Implementation of Zero Tolerance Goes Too Far

In an effort to control perceived growing violence in schools, Congress passed the 1994 Gun Free Schools Act (GFSA) which required states to implement zero tolerance policies on school property as a prerequisite for receiving federal aid from the U.S. Department of Education. In 2002, Congress repealed this version but reauthorized the zero tolerance requirement under the No Child Left Behind Act. The revised bill expanded the school’s jurisdiction for such offenses from school property to any school-related function. So under the No Child Left Behind Act, school districts would not receive federal funding unless they implemented zero tolerance policies with a mandatory one year expulsion for any student who brings or possesses any firearm on school property or at any school function. School officials are also required to report these offenses to law enforcement agencies.

Have school boards taken these policies too far? Despite no duty or requirement to do so, most school districts have enacted strict zero tolerance policies for other offenses including possession of knives, drugs, alcohol, and tobacco. They have also enacted zero tolerance offenses for acts of violence and even expression of speech, all under the guise of protecting students. For example, an honor student in Dearborn, MI was suspended this month for a year because school officials found a small pocket knife in her bag at a football game.  From the Huffington Post:

A Detroit-area high school has suspended an honors student for the rest of the school year over a pocketknife the student says she had by accident.

Atiya Haynes, 17, was caught with the pocketknife at a homecoming football game in late September at Annapolis High School in Dearborn Heights, Michigan. School officials were searching the bags of female students exiting the restroom after a security guard claimed to have smelled marijuana nearby, according to local outlet WXYZ-TV. When officials searched Atiya’s bag, they found no marijuana, but did find a small knife.

Atiya says she did not realize the knife was in her bag. Her grandfather had given it to her over the summer, urging her to carry it for protection when riding her bike through dangerous neighborhoods to her lifeguarding job, according to MLive.

Atiya, an Advanced Placement student, was originally expelled from Annapolis High following the incident. However, on Monday, the school board rolled back her punishment, albeit slightly. Atiya is now suspended for the rest of the year, but will be allowed to take online classes and graduate with her class in 2015, reports local outlet WJBK-TV.

For starters, students do not lose their constitutional rights when they enter school property. Tinker v. Des Moines Indep. Cmty. Sch Dist, 393 U.S. 503 (1969). The Supreme Court has further held that public school administrators are considered state actors for purposes of Fourth Amendment searches. New Jersey v. T.L.O., 469 U.S. 325 (1985). Students also have a reasonable expectation of privacy in items that they bring to school, even though this expectation is diminished. School officials do not need probable cause to search, like law enforcement would. They may search based on a reasonable suspicion of wrongdoing and most jurisdictions require that this reasonable suspicion is individualized. One US District Court has held that the scent of marijuana is insufficient to show an individualized reasonable suspicion of wrongdoing if the scent cannot be determined to come from any individual or confined group. Here, the security guard claimed that s/he detected the scent of marijuana “nearby”, but there is nothing to suggest that the scent could be confined to Atiya or anyone else in the immediate area. I would argue that this was an unreasonable search and the knife is just “fruit from the poisonous tree.”

Let’s say, for all intents and purposes, that the search was valid. The punishment still does not fit and is excessive. Miss Haynes is an honor roll student, enrolled in AP classes, and potentially college bound. I would imagine that this suspension will go on her permanent record, which could affect her ability to receive scholarships or even get into certain colleges. Furthermore, the evidence suggests that she didn’t even know that the knife was in her purse. Is this the type of protection that Congress had in mind when it passed No Child Left Behind? In this case, Atiya Haynes is the only child being left behind and she is not the only one. Here are some other examples of overreaching zero tolerance policies:

In 1998, a Colorado school expelled a ten year old student when her mother inadvertently packed a small paring knife in her lunch. Despite trying to do the right thing by turning it in, she was expelled under zero tolerance policies and school officials said they had no discretion. While the expulsion was eventually overturned, her family was forced to move after receiving harassing letters that her family was trying to destroy the school.

In 1999, a Florida high school student was suspended for one year for bringing nail clippers to school. This expulsion was also reduced to a ten day suspension. However, the principal of the school was quoted as saying that he “was not…ready to arm kids with more ammo, to bring more items on our campus and make it an unsafe place.” Forget the fact that the student never used the nail clippers herself. Did I mention that her “crime” was bringing nail clippers to school? Nail. Clippers. This is the kind of “dangerous” activity we are trying to protect students from? Let that one sink in.

In 2013, two Virginia middle school students were suspended for nine months for shooting airsoft guns (similar to BB guns) in their front yard. The school claimed jurisdiction because the bus stop was in front of their house.

In 2012, a six year old student in Maryland was suspended for pointing his finger in the shape of a gun and saying “pow.” The principal sent a letter home to the parents stating that the boy “threatened to shoot another student.” Yes, this will be on this boy’s permanent record.

Similarly, a seven year old Maryland student was suspended in 2013 when he bit his pop tart into the shape of a gun and said “bang bang.” These two events led Maryland State Senator J.B. Jennings (R-Baltimore) to introduce the “Reasonable School Discipline Act of 2013″ to the Maryland Legislature, which would prohibit schools from suspending or expelling students who use any object that resembles a gun, but serves another purpose. In other words, the bill requires school administrators to use a little common sense. Has it really come to the point where we need such legislation?

In 1999, a Missouri high school junior was suspended for ten days when he responded “yes!” to an online message board asking whether students thought that a Columbine incident could happen at their school. As a result, he became ineligible for the National Honors Society and missed taking achievement tests which would have placed him in college level courses.

Finally, we saw the post made by Tom Knighton yesterday about the five year old student who was forced to undergo a psychological evaluation and sign an agreement to not harm anyone or herself because she drew a picture of a gun and held up a crayon, saying “pew pew.” She is five!

According to the National Association of School Psychologists, students who are suspended from school are more likely to suffer psychological disorders such as depression and anxiety from being ostracized. They are also much more likely to wind up in the juvenile justice system and therefore, the “playground to prison pipeline.” The American Psychological Association’s Zero Tolerance Task Force further found that zero tolerance policies had the opposite effect on preventing school violence. This is just another example of overreaching state power and the government, in its “infinite wisdom”, thinks it knows best. We would be better off to eliminate or reduce zero tolerance offenses. Our kids and future generations will thank us.

“Climate Change”, and the false dichotomy of “evil or stupid”

As we run up to the midterm elections, the drumbeat is once again sounding throughout that land, that Republicans… or rather, everyone not Leftist… are “anti-science”, “pro-ignorance” etc… etc…

I am constantly hearing some variant of “Republicans are either evil or stupid for not… X”.

The sad part of course, is that a certain percentage of non-leftists, including libertarians and conservatives are in fact, nuts, particularly about science… and another large block are ignorant.

Of course, so are large blocks of those on the left… but that’s not what we’re talking about right now.

There are certainly many scientific issues over which the ideological spectrum split, but likely the biggest one, with the most uniform split (there’s very few whose ideological “side” don’t match the position staked out by that side, to some degree or another)….

“Climate Change”

Ok, talked about it here before, and there’s plenty of great resources on the topic (try Climate Skeptic for a start)… But it’s an issue among my friends right now, and Neil Degrasse Tyson has been talking about it lately (before his most recent brouhaha), facebook is… well, pretty much always covered with it etc…

Let me just lay things out for a bit…

First, YES, there ARE loonies out there who say that there is no climate change “because Jesus” or “It’s all a conspiracy man” etc… etc… etc…

Feel free to ignore them, as you would on every other subject. They don’t represent any kind of reality based universe, never mind a rational position.

There are also those who simply say that there is no such thing as climate change whatsoever… But mostly they are either ignorant of, or don’t understand, the science, math, or historical record in question

And yes, there are far more of those than there should be in 2014.

However, some of us come to our positions through a knowledge of science, engineering, math, the scientific method, research methodologies and data analysis.

There are those, myself among them, who actually DO understand science, and don’t believe in CATASTROPHIC, ANTHROPOGENIC, global warming, leading to systemic, catastrophic climate change.

We are not irrational, ignorant, evil, driven by unsavory motives, or stupid.

We come to this position, because we understand that:

  1. The question isn’t whether climate is changing and will change in the future, it always has and always will. The question is how much has it, how much will it in the future, and why.
  2. Catastrophic, anthropogenic, global warming leading to catastrophic climate change, is a tightly interconnected theory. For any element of the conclusions to be correct, ALL of the suppositions within the theory must be correct. The instant any of them changes, at all, the theory falls apart.
  3. The mathematical models for this have always been highly speculative and have proven non predictive both forward and backward.
  4. The data is greatly variable ( and often poor) in quality, and is adjusted in ways that make it less than useful for a model with high sensitivity predictions, because small changes or inconsistencies in the data make big changes in the model.
  5. The catastrophic model adopted by the U.N. has some major dependencies which are entirely theoretical, and have not been borne out by historical facts; specifically estimates of forcing, estimates of weighting of various factors, and particularly estimates of extremely high sensitivity to certain factors (especially CO2), that while throughout all of history have exhibited one behavior (a stable, negative feedback system), for some reason (i.e. humanity is bad and stuff), things have changed now… even though CO2 has been much higher in the past, and it didn’t happen then… Such that a very small change in CO2 will have a large multiplier effect, transforming the stable negative feedback system that the climate has been throughout the entirety of history to this point, to an unstable positive feedback system.
  6. There is no evidence for this catastrophic theory, nor does it correspond with historical models, or models that prove to be historically predictive (i.e. if you run the model backwards and forwards in time, it matches roughly with what actually happened).
  7. This prediction has been made since the mid 80s (prior to the mid 80, from the early 70s they were predicting global cooling and ice age by the way), and the models have proven to be grossly inaccurate. They are constantly revised to reflect the same conclusion, but never actually predict what ACTUALLY happens in the real world. There was initially slightly more warming than the previous historical models predicted, but by 1991 warming was back to the historical trend line, and there has actually been no significant warming since 1994-1998 depending on exactly which dataset you look at.
  8. Human outputs from all of industry, vehicles etc… Make up less than 1% of total atmospheric CO2… actually between .3 and .4%. The VAST majority of CO2 comes from forests, oceans, animals, and soil (and the bacteria contained therein). They also absorb CO2 in the natural CO2 cycle.
  9. If the historical, non catastrophic models prove correct, and they have so far, there will be between less than 1 and just over 2 degrees centigrade warming in the next 100 years. This is not catastrophic, and is consistent with warming/cooling cycles throughout history.
  10. If all human output of carbon dioxide and other theorized elements of climate change stopped right now, today… That number wouldn’t change at all, or at most very little. Within the margin of error.
  11. Once you take the catastrophic sensitivity to a tiny change out of the model, many other factors become far greater “forcings”, particularly the suns variability (relating to sunspot cycles).
  12. If the catastrophic models are correct, either we already have, or we soon will, pass the point of no return. We would not only have to completely stop emitting CO2 entirely, but we would have to take large amounts of it out of the environment.
  13. No matter what, the developing world isn’t going to stop burning wood, and coal, and growing and modernizing and using as much hydrocarbons as they can. They don’t give a damn what european liberals think, they just want to cook their dinners and have lights at night.
  14. No matter what, China and India aren’t going to stop being 60+% of all CO2 emissions from human sources (that’s according to the environmentalist group, the earth policy institute. UN numbers say it’s more like 30-40%), because if they did they’d all be plunged into even greater poverty and likely starve to death.

What it comes down to is this:

  • If the catastrophic models are correct, it’s too late to do anything about it anyway.
  • Even if every western nation utterly stopped producing ANY output which contributed to climate change, it wouldn’t make any difference whatsoever.
  • If the catastrophic theory is wrong, and everything point to it being so, then we would be spending trillions of dollars, destroying economies, ruining millions or billions of peoples lives etc… All for little or nothing.
  • There are real, actual, proven problems that are far more likely to be important, and that we can actually do something about, that are much better ways to spend our time and money.
  • Ok… so why do so many people support the idea… particularly so many scientists?

    The same reason anyone does anything… because it aligns with their perceived incentives, beliefs, worldview, narrative, and identity.

    To wit…

    1. Funding
    2. Social signaling an ingroup identification
    3. Politics
    4. Power and control (climate change legislation is all about taking power and control from one group, and giving it to another)
    5. Ideology and alignment with world view
    6. The precautionary principle
    7. Anti-capitalism
    8. Funding
    9. Because if they don’t, they don’t get jobs, their papers don’t get published, they don’t get university positions etc…
    10. Because they know that it’s not as bad as the press makes it out to be, but that making it super duper scary is the only way to make the morons out there pay attention and actually make some of the good positive changes that need to happen (like more energy efficient technology, and more research into alternative energy)
    11. Because the entire world has lined up into teams, not just about climate change, but about ALL social, cultural, and scientific issues… Evolution, homosexuality, everything else about the environment etc… and one team has decided to label themselves “progressive” and “liberal” and “pro science” and the other team “anti science”, and nobody wants to be “regressive” and “anti-science”.
    12. Did I mention funding? There is no funding in saying “things are going to be about like they always have been, with some small changes as expected, and maybe a very small degree of increased change… it will have some moderate impacts”. That’s boring, and it gets ignored, and no-one gets any funding, and you can’t do additional research on it. No-one is paying for research into squirrel populations and how “1 degree per century of climate change will impact them).

    Yes… I repeated myself, in several different ways there… That was intentional.

    The Broken Record

    Catastrophists have a record, of being broken records… and being mostly or entirely wrong.

    From 1974 until 1985 or thereabouts, many of the exact same scientists, politicians, pundits, and environmentalists who today are saying are going to warm our way into a combination of ice age, deserts, and typhoons everywhere… were saying the exact opposite.

    At the time, their theories and models said that we were going to precipitate our own ice age, blocking out the sun, and that crops would fail and we would starve to death.

    The fact is, we’ve heard over and over again for decades that if we don’t do exactly what this one particular group wants us to do about any particular issue within 5, 10, 20 years etc… that we’re all gonna die, the world is gonna end, everything will turn to dust, there will be no birds, no trees…

    Anyone remember when acid rain was going to kill us all?

    Yes, in part, it’s because we did respond to the concerns of the environmentalists, regulations were changed somewhat, technology got better, we polluted less and cleaned up more. These are all good things.

    But mostly it was because they were dramatically overstating both the problems, and the solutions; either because they actually believed it, or for political reasons…

    Seems to me, mostly for political reasons.

    Mostly we haven’t done what they asked.

    The world didn’t end.

    We didn’t all die.

    Of course, that doesn’t mean they aren’t right this time…

    …One of these times they just might be… or at least they might be more right than wrong…

    …it just means that we should really be very careful, and very skeptical, about what they say, what we believe, and what we do about it.

    Oh and one more thing…

    There is one final, and almost universal test of the validity of someones claim that “everything has to change”.

    It can’t prove that a claim is true… but it can nearly always prove a false claim to be false, or at least greatly exaggerated.

    Simplified, it’s called the “Act as If” test.

    Does the person making the claim, act as they would if the claim were true, and as urgent as they say?

    Is it conclusive? No… but it’s a pretty strong indicator.

    Do those who say they believe in truly catastrophic anthropogenic global warming pass this test?

    Do they actually act as they would, if they actually believed their predictions.

    The answer is very much no… not even close.

    So, if they don’t… why should anyone else?

    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

    Rant: People Who Don’t Link To Source Material

    Earlier today, my new co-contributor Matt wrote about the ridiculous Houston city council subpoena on a group who was against the transgender bathroom-rights law.

    Where did the original story come from? Right here at The Washington Times.

    It’s a busy article.

    It comes complete with a picture from the San Francisco gay pride parade. What does San Francisco have to do with Houston bathrooms? I’m not quite sure.

    It has a minute-long vapid video featuring a reading of the first two paragraphs of the article, because apparently 300 words is such a weighty article that it elicits “tl;dr” from typical readers of the Washington Times.

    And of course it has a rather superficial 300-word article touching only ever-so-slightly on the merits of the case. The article which doesn’t even summarize the basic legal rationale for the group who is challenging the subpoena. The basic legal rationale that’s so simple that I’ll summarize it for you in two sentences:

    The law states that subpoenas may only ask for evidence likely to result in admissable evidence on the merits of the case and doesn’t violate various legal privileges. ADF asserts that the subpoenas are overly-broad and violate the law by asking for such wide-ranging materials (some of which are Constitutionally-protected expression and others that are attorney-client privilege or protections against nonparties to lawsuits) that it cannot possibly be within the law.

    You know what the Washington Times article is also lacking? ANY GODDAMN LINK TO THE ACTUAL SOURCE MATERIAL!!

    It’s not like it was hard to find. A 10-second Google search led me to the ADF web site. A prominent link on the front page of the site got me to their press release in the first 10 seconds on their site. And ADF, to their credit, linked both the subpoena and their motion to quash in the first paragraph. And it’s not like links are expensive. Hyperlinks are free.

    So I read them. I realize, this is ridiculous in the days of blogging when everyone has an opinion on Supreme court decisions despite the fact that none of them ever actually reads the opinions. When I read the subpoena and the motion to quash, it was pretty apparent that the subpoena was overly broad. When you dig into it, though, there are a lot of areas of the subpoena that are quite likely to result in admissible evidence. Hence why in the motion to quash, you’ll see this statement:

    The Nonparty Pastors respectfully request that the Court issue an order quashing their subpoenas. Alternatively, the Nonparty Pastors request an order modifying the subpoenas to clarify that they do not include (or a protective order declaring that the Nonparty Pastors need not produce) the requested documents that are not reasonably calculated to lead to the discovery of admissible evidence and the requested documents protected by the First Amendment privilege, the deliberative-process privilege, the attorney-client privilege, and the work-product doctrine.

    In a lawsuit alleging that a city council unfairly determined that an insufficient number of petitions were gathered, the portions of the subpoena related to the records of petitioners are certainly likely to result in admissible evidence. The content of sermons discussing the Mayor, on the other hand, are clearly not. So if the city attorneys narrow the scope of their subpoena (as the WSJ–an entity which deserves kudos for actually linking the subpoena and motion!–reports they’re already backing away from), they’ll probably still be able to get the discovery information they need to prepare an adequate defense to the lawsuit.

    Of course, IANAL, and it’s entirely possible that I got my legal analysis wrong. But what I do know is that I’ve already given you, the readers of The Liberty Papers, a more cogent (and more entertaining, I hope) analysis of the issues than Valerie Richardson of The Washington Times. And unlike Valerie Richardson, I actually gave you the links to go form you own opinion if you doubt my reporting in any way. Because frankly, my dear readers, you’re worth it!

    Publications that give you opinion without linking to original source material are trying to keep you dumb. They either want you to keep coming directly to them for analysis (likely), or don’t want you to read the source material and realize they’ve gotten something terribly wrong. Or maybe they’re just terrified that you’ll click on the link and not come back. Or maybe all of the above. Either way, they treat you like infants.

    Don’t let them get away with it. Demand better. This is 2014. I hate to use the term “mainstream media” in such a derisive tone that went out of style in about my third year of blogging–right about the time Sarah Palin started calling it the lamestream media–but even The Washington Times should have figured out how to hyperlink by now.

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