In the year 2015 there are many good reasons to protest: police brutality, injustice, the war on (some) drugs, the war on (some) terror, etc. One thing from Martian Luther King Jr.’s legacy that seems to be lost and something we should rediscover is the art of the peaceful protest and civil disobedience.
King understood that for positive change to occur, he had to truly win the hearts and minds of his fellow Americans. Being a positive example by showing the world that he and his followers would take a stand against injustice without resorting to violence was even more important than the words he spoke to that end. Certainly, not everyone believed in using the non-violent approach. Malcolm X and the Black Panthers believed that violence was necessary to achieve their shared goals.*
Who was right?
Personally, I find the pictures and the videos from the non-violent protests and the acts of civil disobedience to be far more compelling. There’s just something about seeing people refusing to act in a violent fashion against the state which inherently IS violence. This has a way of changing hearts and minds.
Contrast this with today’s protests in Ferguson, New York, and elsewhere concerning the police. For the most part, the protesters are peaceful and are using tactics which King would likely be proud. Unfortunately, however; it’s the nasty protesters that are violent, incite riots, or cheer at the news of cops being ambushed which receives far too much of the publicity. Even holding up signs like “The only good cop is a dead cop” or “fuck the police,” though certainly permissible as recognized by the First Amendment, turns people off who might otherwise be sympathetic to one’s cause.
Sadly, it’s not just a few misfit protesters who think that aggression is sometimes warranted to get one’s way. No less than the pope himself last week in the wake of the Charlie Hebdo terror attacks said: “(If someone) says a curse word against my mother, he can expect a punch. It’s normal. You cannot provoke. You cannot insult the faith of others. You cannot make fun of the faith of others.”
The leader of the same Catholic Church which normally advocates finding non-violent solutions to conflict (such as the Just War Doctrine) says that because someone says something offensive about one’s parents or faith it is permissible to use violence against that person! People’s feeling are more important than the concept of free expression.
I’m not interested in living in a world where I cannot insult the pope or his religion nor do I want to live in a world where the pope cannot insult me or my atheism. The world I am interested in living in is one where we can have passionate, even hurtful disagreements without fearing physical harm to my family, my friends, or myself.
Let us all rediscover the art of peaceful protest and civil disobedience on this Martian Luther King Jr. Day.
With the plethora of news stories about police misconduct, excessive force, non-indictments, and the understandable corresponding outrage to such perceived injustices in the waning days of 2014, certain law and order types thought it proper to offer some advice to stop the bloodshed. Quite simple advice really: obey the laws and/or cooperate with the police.
But maybe instead of “simple” I should say “simplistic.” It seems most of those who offer such advice are middle aged white guys who don’t fit the profile the police look for when they decide to stop someone who “looks suspicious.” Take this jackass by the name of Kelly Ogle for example:
It use to be simple… when you come in contact with a police officer, you do what they say.
Unfortunately, an unrealistic distrust of police officers is being fostered by some protesters, even some public officials, which is disgraceful.
Just “do what they say” and everything will be just fine huh?
Don’t tell that to NY Jets RB Chris Johnson. Johnson was recently pulled over in Orlando, Florida for rolling through a stop sign. According to a source close to Johnson, the police asked permission to search his vehicle. Because Johnson didn’t feel like he “had anything to hide” or wanted to “be cooperative,” he foolishly waived his Fourth Amendment rights and allowed the police to search his vehicle.
What did “cooperating” with the police get him? A second degree misdemeanor charge for having his lawfully owned firearm improperly stored in the vehicle according to Florida law. There’s a good chance that Johnson didn’t know he was breaking the law. As we have heard ad nauseum, ignorance of the law is not a legal defense for breaking the law (unless of course, you happen to be a cop).
Just over a month ago, I offered what I believe to be more constructive advice than that the aforementioned badge worshiper. There is a way to be respectful of the police while firmly and intelligently asserting your rights. It seems that had Johnson followed advice similar to mine than that similar to Kelly Ogle’s, he would likely not have been arrested.
Here’s their promotional video explaining the project:
Even if this project doesn’t quite get off the ground, its good to see that there are people out there thinking about how to mitigate the reality of the numerous criminal laws on the books. But until that day comes, understand that when you are stopped by the police, they stopped you because they have some suspicion that you are breaking a law that you may or may not be aware of. Don’t help them by waiving your rights (“just cooperating”) as Chris Johnson did. You can’t assert your rights if you don’t know what they are. Now that you have found these links (here,here, and here), there is no excuse for ignorance of these rights.
In a stunning, tyrannical ruling, the Supreme Court of Connecticut has ruled that the Department of Children and Families has acted correctly in ruling that a 17 year old girl from Windsor Locks, identified in court documents as “Cassandra C”, was right in taking her from her home and forcing her to undergo chemotherapy for Hodgkin’s Lymphoma:
A 17-year-old Connecticut girl with a highly curable cancer is not mentally competent to make her own medical decisions and will continue to receive the chemotherapy treatments she’s battled to halt, the Connecticut Supreme Court ordered Thursday.
Chief Justice Chase T. Rogers ruled that the teen — listed only as Cassandra C. in legal records — is not mature by any standard.
That means Cassandra will remain at a Hartford hospital, in the temporary custody of child-welfare workers, and will receive her full course of chemotherapy to treat Hodgkin lymphoma. Doctors have said her odds at recovery are 80 to 85 percent with chemo, but that she will die without it.
In an interview Wednesday with NBC News, (Mother Jackie) Fortin denied pressuring her daughter into her decision to forgo chemo.
“I am not coercing her at all and that is what this is about, what they think I am doing,” Fortin said.
Cassandra simply does not want to be infused with “toxic” chemicals, Fortin added.
“My daughter does not want poison in her body. This is her constitutional right as a human being,” Fortin told NBC News. “She is almost 18. [Her birthday is nine months away]. If she was 18, I don’t think this would be an issue. She is not 10. She is over 17. She is very bright, very smart.”
In a Hartford Courant editorial, Cassandra told her own side of the story. Her description of what she went through when DCF got involved is surreal and gut-wrenching:
In December, a decision was made to hospitalize me. I didn’t know what was going to happen, but I did know I wasn’t going down without a fight.
I was admitted to the same room I’m in now, with someone sitting by my door 24/7. I could walk down the hallway as long as security was with me, but otherwise I couldn’t leave my room. I felt trapped.
After a week, they decided to force chemotherapy on me. I should have had the right to say no, but I didn’t. I was strapped to a bed by my wrists and ankles and sedated. I woke up in the recovery room with a port surgically placed in my chest. I was outraged and felt completely violated. My phone was taken away, the hospital phone was removed from my room and even the scissors I used for art were taken.
I have been locked in this hospital for a month, missing time from work, not being able to pay my bills. I couldn’t celebrate Christmas and New Year’s with my friends and family. I miss my cat and I miss fresh air. Having visitors is complicated, seeing my mom is limited, and I’ve not been able to see all of the people I’d like to. My friends are a major support; I need them. Finally, I was given an iPad. I can message my friends on Facebook, but it is nowhere near like calling a friend at night when I can’t sleep or hearing someone’s voice to cheer me up.
This experience has been a continuous nightmare. I want the right to make my medical decisions. It’s disgusting that I’m fighting for a right that I and anyone in my situation should already have. This is my life and my body, not DCF’s and not the state’s. I am a human — I should be able to decide if I do or don’t want chemotherapy. Whether I live 17 years or 100 years should not be anyone’s choice but mine.
Hodgkin’s Lymphoma is 80-85% curable with chemotherapy, but likely fatal without it.
I need to put forth some of my own perspective on Connecticut’s Department of Children and Families. Growing up poor in Connecticut, DCF was never, EVER the “good” guy. Even in cases where intervention to protect a child was warranted, DCF was viewed by everyone I knew as nothing short of terrorists. They were often called in by people who did not have a child’s best interests in mind – often by a former boyfriend/girlfriend of a single parent to “get back” at their ex – and were known to forcefully remove children from their houses and homes, putting them in a foster care environment that is comparable to prison, with all of the social issues (read: constant larceny, constant beatings, and constant sexual abuse by both peers and superiors) that entailed. The threat of DCF coming into my life was a constant for the child of a single mother that worked full time, and led to other consequences in my life that I will tell publicly at a later time. To put it bluntly: DCF was basically the Ministry of Love in our eyes, and rightly so.
Their actions in this case justify that mindset. They took a 17 year old girl out of her house – someone who can legally enlist to fight in a war – and blew away any idea of a mature minor1, judging her too immature – in a state where the sexual age of consent is sixteen – to reject medication that they are forcing her to take by strapping her wrists and ankles to a bed, drugging her, and sticking a pipe in her chest to inject, while removing any form of communication with her family and friends. You know, for her own good. Just One Child™, and all that.
So she can enlist to get shot at in our (illegal) wars, she can have sex with whoever she wants, and she can work. But she can’t say that she doesn’t want something she’s called “poison” to be forcefully injected into her body by a state that is keeping her prisoner and abusing her Constitutional rights.
The mindset of the state – assuming anyone has any good intentions beyond simply exerting their authority – is likely that she will thank them in twenty to thirty years. This assumes that her fears of not being able to give birth, or that her fears of other side effects, do not come true. The quality of Cassandra’s medical care has been atrocious. Now, she would be right to distrust the state for any reason. She was terrorized by people who ostensibly have her best interests in mind, and has been routinely degraded in demeaned in the one way no one should be: by losing total bodily autonomy. She has had her dignity permanently destroyed, and I would not blame her, or her mother, for leaving the state of Connecticut forever, if they haven’t been put on some No Fly List for daring to cross a few bureaucrats.
This is pure fascism. Hateful, evil fascism. There is no other way to put it. And I am ashamed to say I live here right now.
1 – From a legal perspective, Cassandra, her mother, and her lawyers did not assert the mature minor doctrine, which asserts that minors as young as 15 can make their own medical choices without authorization or knowledge of their parents, though the American Civil Liberties Union of Connecticut mentioned it in their amicus brief (PDF). Connecticut is not one of the states that has codified a mature minor doctrine into law. DISCLOSURE: I am a member of the Connecticut ACLU.
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.
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.
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.
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
EXECUTIONS SINCE 1976(As of 11/19/14)
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 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 William 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.
Some laws are so egregious they ought morally be resisted, however destabilizing such resistance might be. Only the most mindlessly authoritarian would disagree.
The hard part is knowing where to draw the lines.
New York City cops are in rebellion, taking a de facto hiatus from policing victimless “crimes.” Whether this is an “important step” toward improved safety and constitutional policing, or a dire threat to the rule of law, seems all a matter of perspective. Cops being as diverse as humans generally, their motivations presumably range from “[a]cting like a bunch of high-school jocks protesting a ban on keg parties” all the way to heartfelt questions about the legitimacy of a system that leaves a man dead for the “crime” of selling loose cigarettes.
Either way, the reduced issuance of petty crime summonses and parking violations will starve the city of revenue, while endangering no one. This strategy, of hurting the mayor’s budget without turning a blind eye to real crime, exposes an unpleasant truth about modern policing: that cops are sent out armed with guns to risk their lives ginning up revenues needed to cover budget shortfalls.
Let that sink in.
I understand the importance of the rule of law. But morality dictates consideration of a system that encourages forceful interaction over such trivialities as selling loose cigarettes, and for the purpose of insulating politicians from the consequences of overspending.
The rule of law is but a means to an end, not an end in itself.
“Congress shall make no law . . . abridging the freedom of speech, or of the press; . . . .”
On the basis of your personal understanding of this sentence’s meaning (not your knowledge of constitutional law), please indicate whether you believe the following sentences to be true or false.
_____ 1) In time of war, a federal statute may be passed prohibiting citizens from revealing military secrets to the enemy.
_____ 2) The President may issue an executive order prohibiting public criticism of his administration.
_____ 3) Congress may pass a law prohibiting museums from exhibiting photographs and paintings depicting homosexual activity.
_____ 4) A federal statute may be passed prohibiting a citizen from falsely shouting “fire” in a crowded theater.
_____ 5) Congress may pass a law prohibiting dancing to rock and roll music.
_____ 6) The Internal Revenue Service may issue a regulation prohibiting the publication of a book explaining how to cheat on your taxes and get away with it.
_____ 7) Congress may pass a statute prohibiting flag burning.
After exploring ways in which seemingly clear rules of law are malleable to reach different ends, based on the perspective of those with the power to apply them, the piece returns to those initial questions:
If your response to question one was “True,” you chose to interpret the word “no” as used in the First Amendment to mean “some.”
If your response to question two was “False,” you chose to interpret the word “Congress” to refer to the President of the United States and the word “law” to refer to an executive order.
If your response to question three was “False,” you chose to interpret the words “speech” and “press” to refer to the exhibition of photographs and paintings.
If your response to question four was “True,” you have underscored your belief that the word “no” really means “some.”
If your response to question five was “False,” you chose to interpret the words “speech” and “press” to refer to dancing to rock and roll music.
If your response to question six was “False,” you chose to interpret the word “Congress” to refer to the Internal Revenue Service and the word “law” to refer to an IRS regulation.
If your response to question seven was “False,” you chose to interpret the words “speech” and “press” to refer to the act of burning a flag.
… Why did you do this? Were your responses based on the “plain meaning” of the words or on certain normative beliefs you hold about the extent to which the federal government should be allowed to interfere with citizens’ expressive activities?
My own answer would have been that the First Amendment neither permits nor prohibits anything. The First Amendment is nothing more than words on paper, incapable of doing anything. It is only our collective willingness to enforce, expand or modify it that has any function; that sufficient numbers of us agree, consciously or not, to permit the exercise of collective force to do one or the other; and that sufficient numbers more passively do not resist.
We are unavoidably a nation of both laws and men, and needed change comes in many forms. Sometimes it comes because democratically elected representatives vote for it. Sometimes it comes because one person stops allowing her complicity to lend legitimacy to a bad law.
It bears remembering that enforcing the rule of law was what five New York City officers were doing when they placed Eric Garner in a grapple hold for the “crime” of selling loose cigarettes. As Professor Stephen L. Carter eloquently wrote:
It’s unlikely that the New York legislature, in creating the crime of selling untaxed cigarettes, imagined that anyone would die for violating it. But a wise legislator would give the matter some thought before creating a crime. Officials who fail to take into account the obvious fact that the laws they’re so eager to pass will be enforced at the point of a gun cannot fairly be described as public servants.
* * *
Of course, activists on the right and the left tend to believe that all of their causes are of great importance. Whatever they want to ban or require, they seem unalterably persuaded that the use of state power is appropriate.
That’s too bad. Every new law requires enforcement; every act of enforcement includes the possibility of violence. There are many painful lessons to be drawn from the Garner tragedy, but one of them, sadly, is… : Don’t ever fight to make something illegal unless you’re willing to risk the lives of your fellow citizens to get your way.
Some of the loudest complaints about police misconduct are from the same people who demand a leviathan government exercising control over vast areas of our lives. Such control must of necessity be exercised in the form of laws, laws that must be enforced at the point of a gun.
We all draw lines somewhere, between the laws we think ought be enforced, however misguided they might be, for the sake of preserving the legitimacy of the system; laws so egregious and vile in nature, that they must morally be resisted; and those that fall somewhere between, the close calls and grey area where good faith disagreement can be tolerated. The criteria we use, the lines we draw, are inherently subjective.
We should not ask cops to enforce laws that we are unwilling to have them kill to enforce. We should not risk lives enforcing prohibitions against victimless crimes.
If a rebellion by New York City cops is how this change comes—I can live with that.