Category Archives: Freedom

Ebola: Saving Life As We Know It, But Not You Specifically

ebola-quarantine-area

As the first U.S. citizen remains forcibly quarantined over Ebola fears, now seems a good time to revisit the role of government in our lives. Some so-called “conservatives” seem to have undergone a sudden evolution to the position that it is the government’s job to keep us perfectly safe from all risk.

One cannot help but wonder, is this their new position on guns as well?

One person has died in the U.S. from Ebola.

We lose 32,000 times that many every year to guns. Is there no cost too high, no civil liberty that cannot yield, in the quest to defeat that risk?

What about cars?

In 2012, 92 people died every day in automobile accidents. How many civil liberties can be ceded to protect us from death-by-car?

Anyone who thinks there is no cost too high to pay to keep Ebola from tarnishing the pristine lands of America is a statist in sheep’s clothing.

The government’s job is to preserve Life As We Know It. To do that, it does not need to save you, specifically. And it certainly does not so direly need to save you, specifically, that it should declare marshal law and shut down global travel.

In the years since 1976, the U.S. has lost between 3,000 to 49,000 people per year to influenza. By my math, that means we could lose another 48,999 people to Ebola this year and still not suffer much impact to Life As We Know It.

But you know what would impact Life As We Know It?

Massive losses in wealth due to travel bans, “aversion behavior,” quarantines and fear.

For example, Michael J. Casey, writing for the Wall Street Journal reports an interesting study about the effects on the global economy of a flu pandemic:

One study led by U.K economists that modeled the global economic fallout from a hypothetical influenza pandemic predicted only a 0.5% GDP loss from the base effect of the disease itself but up to 8% due to policies intended to mitigate its spread, such as school closures.

Think about it. Tourism to and from Africa ceases. Tourism between the U.S. and the rest of the world slows. Hotel rooms sit empty. Restaurants close early. No one rides the bus or takes taxicabs. A lot of people who would otherwise be working—and spending—are quarantined for weeks at a time. Equity indexes fall. Shares in travel firms dive alongside companies heavily invested in Africa. International financial institutions with interests in the region take a hit. The prices of iron ore and oil rise.

Your job might cease to exist. Your retirement account might be wiped out. The value of your house might plummet.

Is there still no price too high to pay when it is clearer that it will be you who must pay it?

However distasteful it might seem, the government must weigh the lives saved against the cost (in both dollars and civil liberties sacrificed) of saving them. Just like the Federal Reserve has a conflicting dual mandate to maximize employment and keep prices stable, the government has a conflicting dual mandate when it comes to Ebola—to protect us from Ebola and to protect the worldwide economy and our civil liberties from collateral damage in the fight to stop Ebola.

Take heart, gentle lambs.

Just because it is not the government’s job to spare no cost keeping you safe, does not mean you cannot make it your own priority. Disabuse yourself of the notion that only the government exercises any control over the big stuff, the important stuff, the dangerous stuff. You are free, all on your own, to spare no expense keeping yourself safe. Wash your hands more and touch your face less. Drive your car instead of using public transportation. Start prepping.

Stay home from work, like you think all those returning aid workers should.

Well go ahead.

You first.

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

Invalid Presumption of Moral Superiority

A reader commented that the problem with what you might call “strict Randites” is that they “seem to have a lack of compassion”.

An APPARENT lack of compassion.

Some do yes.

Others simply recognize that it isn’t compassion, when one is being “compassionate” with other peoples time, money, and resources.

Not a Randian by any stretch of the imagination… but there IS a point there.

The larger point with Rand, and with Neitzsche, and other individualist philosophers; is that the assumed obligation to sacrifice oneself in favor of others, and the assumed moral superiority of it, are both not only false, but in fact harmful.

Voluntary self sacrifice for good cause, and to good effect (or at least with a realistic attempt at good effect), is a noble thing. In all other cases, it is not.

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.

“Bad” or “Wrong” or “I don’t like it” is not equivalent to “Unconstitutional”

In a comment on someone elses post, another reader wrote “The DEA is an unconstitutional and illegal agency”.

This bugs me… We frequently see these sorts of statements made about the DEA, the ATF, the federal reserve (where ok, there’s at least a rational and reasonable though flawed argument to be made… most of the people shouting stuff like that above aren’t making those arguments, but still)… Basically any federal agency that they don’t like, or which enforces laws, or uses delegated powers which they personally don’t like.

No, the mere existence of the DEA is not unconstitutional or illegal. It is perfectly constitutional in that it is an executive agency chartered to enforce the laws promulgated by the legislative branch.

The fact that the federal government has no constitutional authority to outright ban or criminalize such substances as the DEA is chartered to regulate, or to ban or criminalize their manufacture, use, or possession (and only limited power to regulate their sale. No, sorry, regulating interstate commerce and making such laws as necessary for the general welfare does not grant them such broad and deterministic powers… and Wickard v. Filburn is bad law and needs to be overturned), does not mean that all laws relating to such substances are illegal or unconstitutional. There are legitimate regulatory powers that such an agency may lawfully and constitutionally exercise.

AS CURRENTLY EXTANT AND IN THEIR CURRENT ROLES AND ACTIONS… The DEA often engages in unconstitutional behaviors, and acts to enforce unconstitutional laws. That much is certainly true. But they are not inherently unconstitutional, or illegal.

Those are actually really important distinctions. Not just semantics or distinctions without difference.

This is so, because you go about addressing the issues, and solving the problems, differently. Things which are blatantly and directly illegal or unconstitutional are best addressed in one way. Things which are peripherally so, are best addressed in a very different way.

You have to shoot at the proper target, with the proper ammunition.

Also, it’s really important to remember, that “bad and stupid” or “harmful” or “undesirable”, or “pointless”; does not necessarily mean “unconstitutional”. Nor does “constitutional” mean “good”, or “useful” or “effective”.

That’s not even a matter of judges discretion or interpretation… The constitution actually provides far less protection of rights, and limitation of powers, than people believe it, expect it, and wish it to (at least explicitly… the 9th and 10th amendments… there’s much bigger and messier issue).

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

Freedom, Group Identification, and Consequences

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

…PLEASE STOP…

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

None are a question of freedom of speech.

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

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

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

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

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

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

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

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

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

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

These are HUGE REAL PROBLEMS.

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

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

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

Freedom of speech does not mean freedom from consequence.

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

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

Yes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Again, not always, not everyone… but most.

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

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

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

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

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

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