Category Archives: Freedom

Are “Safe Spaces” the New “Coloreds Only?”

Entrance 15-0325

Earlier this month, two white students at Ryerson University in Canada were dismissed from a meeting of the Racialized Students’ Collective, a university group funded through the Ryerson Students’ Union. The university’s student newspaper, The Ryersonian, reported the RSU coordinator confirmed the students were excluded for being white. Last week Aeman Ansari, a fourth year journalism student at the school posted a blog entry on HuffPo Canada defending the decision.

Ansari ably and convincingly defends her belief that safe spaces are important. Ansari’s defense falls short for failing to explain why taxpayers, the university, and other students should fund them as exclusionary campus events.

Specifically, Ansari opines that:

[T]he point to note is not that two white students were asked to leave the event, but rather that this was a safe space …

…This group and these sort of events allow people of colour to lay bare their experiences and to collectively combat this societal ailment. These spaces are rare places in the world not controlled by individuals who have power, who have privilege.

…The presence of any kind of privilege puts unnecessary pressure on the people of colour to defend any anger or frustrations they have, to fear the outcome of sharing their stories. The attendees are trying to move forward by supporting each other and they should not have to defend themselves, they should not fear the consequences of raising their voices.

Let us get out of the way that I dislike people who cannot deal with opposition, who will only defend their opinions to friendly crowds, or who must banish dissent to feel validated.Drinking Fountain

I prefer feisty tanglers to special snowflakes.

It is neither here nor there. Special snowflakes are entitled to their preferences too, and everyone deserves an occasional session in the echo chamber. I agree with Ansari that safe spaces are important.

Where I disagree with Ansari is her implicit insistence that other students and Canadian taxpayers pay for them as exclusionary campus events. She never gets around to explaining or defending this aspect of her position.

The fact is “safe spaces” already exist.

They are called “private property.” Private homes, leased apartments, backyards, and private event venues can all be used to host exclusionary events. In addition, private conversations take place every day in bars, restaurants, coffee shops, conference rooms, sidewalks and parks.

That are insufficient opportunities for people to have private conversations seems false on its face. If certain students want to get together to talk about their experiences only with a carefully selected crowd, there is no shortage of opportunities or “spaces” to do just that.

Waiting room 15-0325The issue is why they want to use student and taxpayer funds to do it on campus. Ansari never explains that.

Private, exclusionary discussions and events should be conducted privately. Forcing other people to pay for and host them is a new form of bullying—a new incarnation of an old segregation.

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

Stop Calling Government Regulation of the Internet “Net Neutrality”

fcc-net-neutrality-voteImage from the FCC by way of Ars Technica

Stop using “net neutrality” to refer to government regulation of the internet.

That’s not what net neutrality is, and it’s certainly not what the government regulations promulgated by the FCC today are, in this case “Common Carrier” Rules.

People who don’t know any better are celebrating todays faux “net neutrality” FCC action as a victory for freedom and free speech on the internet, when in fact, it’s exactly the opposite.

I’ve written extensively about net neutrality and this is very much NOT it.

All the FCC has done today, is impose common carrier regulation on every ISP (oh and by the way, lots of other organizations as well who “provide internet access”. No-one has any idea how the regulations are going to be finalized, what the language will mean, who will be impacted and how… except everyone knows it’s going to cost a lot), instead of just the telephone companies it was already imposed on. Verizon for example, who was already one of the worst violators of net neutrality, even with common carrier regulation already in place for them.

Thus it makes competition and breaking of existing monopolies even harder, while not actually doing a damn thing to secure or improve neutrality… oh and it gives the FCC more control over the internet.

Absolutely none of those are good things.

Common carrier regulation is a big part of what made the current near monopolies on Internet access happen in the first place, because small independent companies, and even large regionals, couldn’t compete with the giant telcom conglomerates under those regulations. So, they all got swallowed up.

I’ve been working with telecommunications companies, and common carrier regulations, for more than 20 years. I’m an expert in governance and regulatory compliance, and I can tell you right now, NOBODY understands these regulations, because they are not capable of being understood.

These regulations and the rulings and case law associated with them go back to 1930s… and in some particulars all the way back to the 1870s. And of course, rather than replace them with something clear when they wanted to make new regulations, congress and the FCC just amended and added on and countermanded and…

I’ve flowcharted them before to try to see what applied how and where and when… the only thing I could come up with was “nobody knows for sure, it all depends what a regulator or judge says at the time”.

This wasn’t a blow for freedom and free speech… This was a giveaway to big corporate donors in the telecommunications industry.

The big telcos have been trying to get their primary competition, non-telco ISPs, burdened with the same regulatory load they labor under, for DECADES. Now, in one stroke, the FCC at the personal direction of the president, has given it to them.

Oh and guess what else common carrier regulation includes… SURVEILLANCE.

All common carriers are required to provide the government and law enforcement “reasonable access” for surveillance, as well as to give up records, usage details, and other subscriber and user data, WITHOUT A WARRANT.

What does “reasonable access” mean? Whatever the government says it means… and if you think I’m exaggerating, I’m not. I’ve dealt with the FBI on this issue, and that’s a direct quote.

Yes, this is not only a massive corporate crony handout, it’s also a huge gimme to the FBI and the NSA, who have wanted all ISPs stuck under common carrier for years as well.

Stop calling government regulation of the internet “net neutrality”. Letting the liars control the language helps them lie to you.

Net neutrality is not government regulation, and these regulations are certainly not net neutrality, nor anything like it. Don’t be taken in by fraud, cronyism, and statism, masquerading as freedom.

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

Brandon Duncan May Do 25 to Life for Singing About a Gang

tiny+doo

In 2013, San Diego experienced a rash of shootings.

Brandon Duncan is a San Diego musician. He has no criminal record. He is not alleged to have pulled the trigger, to have been present, to know who was present, or even to have known contemporaneously that the shootings had occurred. He is not alleged to have masterminded the murders, paid anyone to commit them, or otherwise aided in their commission.

Nevertheless, Duncan may wind up doing 25 years to life for the shootings.

The reason?

Sales of an album Duncan made in 2012 may have benefitted from a surge in gang stature and respect in the wake of the shootings.

Duncan apparently creates music about gang activities. As Kevin Boyd reports at IJ Review, the lyrics include one line about holding a gun with no safety and another about a full clip making someone’s top disappear. The tracks can be heard here.

In any case, creating music about violence and criminal activity is not illegal. That is Constitutional Law 101. The First Amendment protects freedom of expression, including violent content in music, literature, art, media, video games, etc.

Mario Puzo could not do 25-to-life if an upsurge in Mafia violence caused a renewed interest in his Godfather novels. He could not do 25-to-life even if prosecutors alleged that his books glamorized organized crime, thereby contributing to an increase in such activity.

That California does not attempt to prosecute authors like Puzo invites speculation that the state is discriminating against certain content and certain genres of art and its creators. Italian-American authors writing fiction novels about Mafia violence are acceptable. African-American musicians creating rap music about street gang violence are not.

Whether or not such speculation is justified, prosecutors claim that Duncan is not merely a musician creating unsavory content. They allege that Duncan is actually a member of a gang based in Lincoln Park, California.

Of course, it is also not illegal to belong to a gang.

That too is Constitutional Law 101. The freedoms of assembly and expression necessarily entail the right to free association. The State of California can neither prohibit Duncan from associating with the people of his choosing, nor punish him for doing so.

But there is yet another dot to connect. Duncan is being charged under a California penal statute purporting to make it a crime to “benefit from” the illegal activities of a “criminal street gang” in which one “actively participates:”

…[A]ny person who actively participates in any criminal street gang…, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity…, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony and may be punished as specified in subdivision (a) of Section 182.

According to NBC San Diego, prosecutors explain their theory of this offense as follows:

“If you are a documented gang member, and you benefit from or promote the activities of the gang, you can be held responsible for crimes the gang commits,” the district attorney said.

To be found guilty, prosecutors must prove the suspects are active gang members, that they had “general” knowledge of the gang’s activity and that they profited, assisted or benefited from the activities. The suspects do not have to be directly involved with the crime to be found guilty.

Those benefits could be economic, like album sales, or intangible, like respect, the district attorney argues.

Prosecutors are apparently presenting the aforementioned music lyrics, plus social media pictures, to demonstrate Duncan’s membership in the Lincoln Park gang. They further argue that the sales of his 2012 album benefitted from the 2013 shootings.

Duncan’s defense attorney, Brian Watkins argues that the songs are just artistic expression, and that while Duncan has associated with some members of the gang because he grew up in the same area, he is not himself a member. In an interview with NBC San Diego, Watkins had this to say:

“I mean, to imprison someone for 25 years to life because of artistic expression is something not even the worst communist regimes have done…”

The DA’s office counters that the law was passed by the voters and found constitutional by California’s Supreme Court. That decision was People v. Johnson (2013), wherein the Court analyzed ways in which Section 182.5 diverges from the traditional crime of conspiracy:

[T]raditional conspiracy requires both the specific intent to agree, and specific intent to commit a target crime. … A 182.5 conspiracy does not require any prior agreement among the conspirators to promote, further, or assist in the commission of a particular target crime.

The Court seemingly reassures itself that the intent requirement is replaced with a requirement of “active and knowing gang participa[tion] … with the … intent to promote, further, or assist in the commission of a felony by other gang members.” However, just two paragraphs later, the Court concedes that:

[S]ection 182.5 brings within its ambit not only a gang member who promotes, furthers, or assists in the commission of a felony. It also embraces an active and knowing participant who merely benefits from the crime’s commission, even if he or she did not promote, further, or assist in the commission of that particular substantive offense.

So Section 182.5 dispenses with the traditional intent requirement, replaces it with a requirement that the defendant have been an active and knowing participant in the gang (but not the crime), and then punishes the defendant for receiving any benefit, however intangible, from a crime committed by other members of the gang.

That sure sounds like doing 25 years to life for one’s unsavory associations.

Long-standing criminal statutes already address racketeering, commission of or participation in, conspiracy to commit, or aiding and abetting a crime. What is the need for this particular statute other than to prosecute someone who cannot be demonstrated to have violated those traditional criminal statutes?

Ken White at Popehat reached out to the San Diego District Attorney’s office and reports that:

* The DA’s theory is that Duncan promoted the gang by writing rap music about gang activity, and that he received an “intangible benefit” — their words — by his music becoming more credible or popular. The DA did not present any evidence that the gang’s crimes had any impact on album sales.

* The DA tried to show that Duncan was a member of the gang by some photos of him with gang members throwing gang signs. But they asserted that his rap music also showed that he participated in the gang, one of the elements of the offense.

* The DA’s theory is that when a gang commits a crime all members of the gang automatically benefit for purposes of Section 182.5. That theory, if accepted, would effectively eliminate one of the elements of the crime so that the DA would no longer need to prove that any individual gang member “willfully promotes, furthers, assists, or benefits from” the criminal activity.

In short, based at least on reports of their stance at the prelim, the DA seems to be saying that Duncan violated the statute by being a member of the gang and by rapping about the gang.

In the meantime, Duncan said on an interview with CNN that the studio is his “canvas” and that he would love to continue to make music, but:

“[T]hese people have you scared to do anything around here.”

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

Defense of Charlie Hebdo Must Be Absolute

I support the right to publish offensive things without limitation, qualification or exception.

There is no “but.”

Defense of the right to satire unmolested by violence and coercion must be absolute, unequivocal and unqualified.

There can be no “but.”

There can be no “but” because one man’s outrage is another man’s art.

Just ask Serhat Tanyolacar.

This image was published by The Onion on September 13, 2012, under the headline "No One Murdered Because of This Image."

This image was published by The Onion on September 13, 2012, under the headline “No One Murdered Because of This Image.”

The image to the right may, at first glance, be seen as an insult to the religions whose figures are depicted. Upon second glance, we might see in context that the image pays compliment to those religions, while the insult is instead to the one whose Prophet was omitted.

Vulgarity in satire becomes provocative think piece.

The same Charlie Hebdo images deemed racist by some are interpreted as mocking racism by others. There is no right or wrong answer. Subjectivity is inescapable; offensiveness being in the eye of the beholder, the only way to avoid it is not to speak at all.

A Charlie Hebdo cover: "If Muhammad returned."

A Charlie Hebdo cover: “If Muhammad returned.”

I find some of Charlie Hebdo’s images grotesque and unpalatable, others almost touchingly sweet. I interpret the one on the left as a defense of Islam against those who would distort it with their violence, and the one below as a heartfelt insistence that our common humanity will prevail over all differences.

Others will look through the lens of their own perspective, find different meaning in the same images, and take offense or not accordingly.

It changes nothing.

There can be no “but” because freedom has no meaning if we censor ourselves based on the dictates of any conscience but our own.

A Charlie Hebdo cover: "Love is more powerful than hate."

A Charlie Hebdo cover: “Love is more powerful than hate.”

Freedom left politely unused cannot be shown to exist, and courtesy and restraint become the foundation on which we build our own cages.

The battle between those who would be free and those who would be reverent is not between different races and religions, between east and west, or between nation-states. It is a battle between those who love freedom, in all its messy, imperfect glory, and those who would spill blood in pursuit of their own personal utopia.

We must never fail to love our liberty more than they hate it.

Those who qualify their defense of freedom with any “but”—but we ought not mock religion; but we ought mind our own prejudices and hypocrisies; but we ought not be surprised when the profane elicits violence—are trying to straddle a fence that cannot sustain the mighty weight of such freedom.

There can be no “but,” because the stakes are too high.

A war not fought with words and ideas, however cutting, will be fought instead with drones and bombs. Rewarding the murder of satirists with suppression of images, rather than publication of a thousand more, foregoes the peaceful power of the Streisand Effect in favor of enhanced interrogation.

Those who would be free, of every race, religion or nationality, must form a circle of defense around the indefensible. We must give rein to that rebellious voice inside that whispers, If you tell me I must not do something, I will do it to prove I can. We must value freedom over respect, not just when it is tasteful and without cost, but always.

Every. Time.

It is where we stand in the hard cases that defines us.

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

Why Conservatives and Libertarians Should Oppose the Death Penalty

"Old Main" NM State Penitentiary

Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.

Conservative Death Penalty

I used to be a staunch supporter of the death penalty. I firmly believed that one should repay an “eye for an eye” or a “life for a life.” I can remember exactly where I was when I reformed these beliefs. It was on January 23, 2006 and I was participating in the March for Life in Washington DC. As I was walking down Pennsylvania Ave, I noticed a sign that read: “Pro-Life No Exceptions.” I thought back to the many debates with my girlfriend at the time, when she would ask me how I could be pro-life but still support the death penalty. Being pro-life, I had to ask myself, “how could I say that I support life, but support the state-sanctioned taking of life?”

Cost of the Death Penalty

Furthermore, as someone who believes in limited government, I also had to ask myself another important question. “If I don’t trust the government to make decisions about my wallet, how can I trust the government to make decisions about killing people?” Crazy, right? Oftentimes, we conservatives and libertarians rail against government spending, and rightfully so. So why do we still overwhelmingly support a policy that costs taxpayers about four times more than cases where the death penalty is not involved?

This figure only takes into account the cost of trial. We also have to take into account the costs for appeals and to house prisoners. According to Forbes:

And let’s not forget about appeals: in Idaho, the State Appellate Public Defenders office spent about 44 times more time on a typical death penalty appeal than on a life sentence appeal (downloads as a pdf): almost 8,000 hours per capital defendant compared to about 180 hours per non-death penalty defendant. New York state projected that the death penalty costs the state $1.8 million per case just through trial and initial appeal.
It costs more to house death penalty prisoners, as well. In Kansas, housing prisoners on death row costs more than twice as much per year ($49,380) as for prisoners in the general population ($24,690). In California, incarceration costs for death penalty prisoners totaled more than $1 billion from 1978 to 2011 (total costs outside of incarceration were another $3 billion). By the numbers, the annual cost of the death penalty in the state of California is $137 million compared to the cost of lifetime incarceration of $11.5 million.

 

The Death Penalty and Crime Deterrence

I often hear the argument that the death penalty is the best method of reducing the murder rate. After all, if one is facing the threat of death, one would be less likely to commit murder, right? Well, according to the Death Penalty Information Center, states which impose the death penalty had an average of 4.4 murders per 100,000 people as opposed to only 3.4 murders per 100,000 people in non-death penalty states.

Death Penalty

Furthermore, let’s look at the murder rate based on region. According to the Death Penalty Information Center, the South consistently has the highest murder rate per capita, yet they have, by far, the most executions (as the chart shows below) since the death penalty was reinstated by the Supreme Court in Gregg v. Georgia in 1976.

MURDER RATES PER 100,000 PEOPLE

REGION 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 EXECUTIONS SINCE 1976(As of 11/19/14)
South 5.3 5.5 5.5 5.6 6.1 6.6 7.0 6.8 6.6 6.6 6.9 6.8 6.7 1133
Midwest 4.5 4.7 4.5 4.4 4.6 4.8 4.9 5.0 4.9 4.7 4.9 5.1 5.3 170
West 4.0 4.2 4.2 4.2 4.6 5.0 5.3 5.6 5.8 5.7 5.7 5.7 5.5 85
Northeast 3.5 3.8 3.9 4.2 3.8 4.2 4.1 4.5 4.4 4.2 4.2 4.1 4.2 4
NATIONAL RATE 4.5 4.7 4.7 4.8 5.0 5.4 5.6 5.7 5.6 5.5 5.7 5.6 5.6

If the death penalty is a deterrent for crime, shouldn’t the states with the most executions have the lowest murder rate per capita?

The Death Penalty and The InnocentJackson Innocent

According to the Innocence Project, at least ten people have been executed in cases where there is evidence that may exonerate them. Since 1973, 150 people on death row have been exonerated through new evidence and been pardoned, acquitted by a new trial, or had their charges dismissed. In 2014 alone, seven death-row inmates were exonerated including Ricky Jackson and Wiley Bridgeman, who were convicted of murder in 1975. These men spent 39 years on death row, their entire adult lives. Yet if supporters of the death penalty had their way, these men would have been executed 38 years ago.

I prefer to adhere to the saying by conservative jurist Sir BlackstoneWilliam Blackstone that “It is better that ten guilty persons escape than that one innocent suffer.”

 

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.
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