Category Archives: Strategies For Advancing Liberty

Police should wear body cameras to protect themselves when they’re accused of wrongdoing

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President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.

The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).

The following post was originally published on 8/18/2014 @ United Liberty

 

It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.

PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:

In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”

One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”

By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.

Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:

1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.

I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.

Wyllie continues with his other 2 points:

2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.

3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.

Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:

Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.

I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.

Another posted:

I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”

To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.

Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.

Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.

Community Conservatism: How Government can Empower Civil Society

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Community Conservatism: How Government can Empower Civil Society
Matthew and Stephanie Souders – November, 2014

Concerns of the Civil Society

In the many post mortem analyses of the 2012 presidential election and the two surrounding “republican wave” midterms, it has become apparent that what drives the health of the Democrat Party is not Middle Class America in the way it once was, but very poor, and the very wealthy. Progressive policies have marginalized the middle class and made it difficult for people to change their financial status through over-taxation and over-regulation of small businesses, through a system of wealth transfer that mostly hurts the middle class, through microscopic interest rates that are disincentives to saving and debt management and through a bloated, inefficient social safety net whose unpaid liabilities are an enormous anchor on market confidence, and thus, GDP growth.

Both parties have an unhealthy focus on the wealthy. Democrats believe in a system of, as Mitt Romney called it, “trickle-down government”, in which our social betters determine which businesses should benefit from rent-seeking behavior and which should be regulated out of existence for our own good and court the wealthy with the promise of largesse. Republicans still believe, to some extent, in Reagan’s system of “trickle-down economics”, in which government courts the support of big businesses with an interest in deregulation and low corporate taxes. In both models, the real concerns of the middle class are completely ignored.

We’re not short on polling and research on the question of what the middle class wants from government. In order of importance, according to a host of exit polls and issues polling done by Pew Research, Gallup and Rasmussen:

• Establish an economic climate where my job actually pays (what they actually mean is: where my median income actually goes up at least as fast as inflation, preferably faster)
• Make government accountable and ensure that it’s actually working properly (while most in the middle class are not quick to blame Obama for every failure of the bureaucracy, they are nonetheless completely faithless, now, that government can work well)
• Make our education system actually work and give us good choices so that our children are prepared for the adult world
• Get the cost of healthcare contained and give me broad choices in doctors, hospitals and insurance plans that fit my needs
• Reduce or stabilize the cost of energy and make us less dependent on foreign energy markets
• Protect a basic social safety net and care for those in real need, defend against fraud and abuse of our good will
• Keep our communities safe from threats, foreign and domestic
• Keep law enforcement constructive and fair
• Respect our freedom to choose how we’ll live our lives and respect our privacy
• Be good stewards of our natural resources and the environment
Demonstrate that you can govern (people are results oriented, but a lack of willingness to compromise on either side is an immediate turn-off to moderate middle class Americans – and a philosophy that downplays the importance of government is also a turn off, as people want to feel that their lives are backstopped by a competent, effective government)

The nice thing about the above list is that both Democrats and Republicans in the middle class come up with about the same list in about the same order (Democrats might place environmental stewardship a little higher up, and Republicans might move government accountability to the top slot in some cases, but otherwise, our priorities tend to align well across party lines). The difference between us is not what we think is important, really; it’s how we would go about addressing each issue.

Here’s the thing – voters, being human, tend to respond to the core meaning/value in your message, more than to the particular policies you support; and candidates for office (and the national party leadership, obviously) tend to frame their policy ideas in value-centric terms. The 2012 presidential election was a battle between Obama (whose convention proclaimed the message “government can work for all of us / they disagree, and that’s dangerous”) and Romney (“yes we did build that / they think they own you!”), and, as I’ve just observed above, people tend to prefer to believe that government can be a force for good (because it can be, and because it’s comforting to seek leadership). Libertarians and the Tea Party – two groups that don’t often see eye to eye – tend to instinctively believe that government is like fertilizer. It’s horribly stinky and we want as little of it around as possible, but necessary at some level. I’m here to tell you – that is not the message that middle class America wants to hear, even if there is some truth to it. If the Republican Party wishes to establish a governing agenda that wins hearts and minds back toward conservatism (including cultural conservatism), they must demonstrate that they can govern proactively and listen to the desires of the middle class, since the middle class still tends to drive the cultural conversation. What follows is a set of core values that should be embraced by the GOP if they wish to make something of their current governing majority, as well as a sampling of specific policy suggestions in line with those values.

A Philosophy to Govern

A) Take Responsibility and Do the Work

The media often paints a picture of our current divided government as a battle between those on the left who want to govern and those on the right who do not, and there are vocal members of the GOP caucuses in both chambers of the legislature that give the media ample sound bites in favor of this description. By now, you know their names well, so I won’t rehash them. However, as is equally obvious, to anyone paying attention to the party, the GOP does in fact desperately want to govern, and that this can actually be dangerous (in so much as they allow their desire to govern to create bigger, rather than different and more effective government). It is, ironically, the left which seems not to want to govern. Progressives in the legislature have increasing sought to take matters of law out of the hands of the legislature and give it, instead, to bureaucratic government agencies and the executive branch. They still wish to transform society using the power of an activist government, but they want to do it through channels where there can be no debate on the merits of their ideas. It is actually this progressive abdication of the personal responsibility for governing (as best expressed by Obama’s refusal to hold any of his key people responsible for the spectacular failures of the bureaucracy on his watch) that is most hurting the ability of the legislature to function. The GOP must seek in the legislation it passes to take responsibility for the outcomes of that legislation and to get enough bipartisan support that it can share that responsibility with the left.

B) Make Our Priorities Your Priorities

Both parties have a nasty habit of playing to their bases and feeling the need to take specific actions on every piece of their “base-centric” party platforms in the hope that this will get them elected again. Base turnout is important in maintaining a governing majority, but what is more important is being perceived by the electorate at large to care about the same things that they do and place your priorities where they do. Obama’s schizophrenic presidency spent “focusing like a laser” for five seconds at a time on a hundred different things was in stark contrast to his 2008 campaign, in which he did in fact focus entirely on the real concerns and fears of the electorate. And of course, we all know that the GOP has a tendency to shout SQUIRREL at the first sign of a chance to discuss social issues or international matters that simply are not at the forefront of our minds in the middle class. The authors of this piece are staunchly pro-life, but even we recognize that we need to get our fiscal house in order first before we can spend any time on such matters.

C) Focus on Service and Community

The most important development of the last decade in US politics is the move toward a distrust of a self-absorbed ruling class elite that no longer concerns itself with what is happening in our towns and to our civic organizations. One of the reasons the GOP is doing so well at the state and local level, even before their 2010 and 2014 national midterm routs, is that the representatives it’s choosing at those levels are quality candidates who are deeply tied to their local communities and remain so for long stretches after they take office. When you pit the left and its tendency to turn the country into a series of fiefdoms competing for government support against the local branches of the right, and their tendency to focus on community pillars like successful businesses, churches, and charities, the right wins far more often than they lose. At the community level, people want to come together and celebrate their home. The national GOP, however, has generally been playing the same 50% plus one game that the left plays (witness Romney’s 47% remarks). To address this problem, the national GOP should craft policies that favor community pillars over top-down community organizing, small businesses over large ones, and civic society over the government as often as feasible. And more than that, Republicans must not forget that their success comes from being tied to their communities and earning the trust of those communities – they should return home as often as they’re able, reach out to people in communities that don’t traditionally vote Republican, and stay active where the live.

D) Gain Back Their Trust

There is a lot of talk about a “Republican Civil War” in the press, now that they have a legislative majority. The GOP is less monolithic than the Democrats – meaning we have a healthier exchange of ideas, but also a harder time pleasing everyone and staying on message. There are four basic factions in our coalition: Libertarians, Classical Social Conservatives, Reform Conservatives, and the Tea Party. Each faction is fighting to control the narrative, and, of late, libertarians are gaining the upper hand on the tea party for the “arm twister” prize (going to the group most able to move the GOP establishment in a new direction). Mitch McConnell just endorsed Rand Paul for the 2016 nomination, for example (eyes sideways!). If this divided GOP can come to any sort of basic agreement on how best to govern for the middle class without “sacrificing” any members of its coalition, I believe all members of the coalition will eventually get what they want most. Just because, for example, a reform GOP agenda doesn’t put pro-life issues at the top of the list doesn’t mean we need to renounce social conservatives and their ideas. Just because most of the GOP disagrees with libertarians about international policy doesn’t mean we need to remain outwardly hawkish to keep the establishment happy. First, prove you can forge a coalition and stay united on some of the things we do agree on. Win back the trust of the electorate and then, when a social conservative has a message about abortion, perhaps society will be more able to hear it without cynicism. First you win the governing mandate – then you win their trust – then you win their hearts – then you win the culture.

Net Neutrality… Obama… Cruz… How About Oliver?

Today, Barack Obama(D) has announced that he will pretend to support net neutrality:

 

 

In response, Ted Cruz (RPDGC*), has announced that Net Neutrality is the work of the devil:

 

 

The idea that either Democrats OR Republicans actually support net neutrality is a joke.

The Democrats have (and still do) very strongly supported big media and big communications, who are largely anti neutrality. it’s only when net neutrality obviously became a big issue among young liberals (who were largely unmotivated to turn out this midterm election) that they have pretended to support it.

The Dems could have made it a campaign issue, except then they wouldn’t have had the huge media and communications industry money for the elections, that they needed to avoid getting spanked even worse than they did.

If Obama had actually supported net neutrality, he wouldn’t have appointed an anti neutrality industry stooge as FCC chair… but again, if he did that, the Dems would have lost that sweet sweet big media money.

On the other hand, the Republicans are largely anti “big media” and anti “big communications”, and only became anti-neutrality when the Democrats decided to take it as an issue.

What is Net Neutrality?

Frankly, any libertarian should support net neutrality as a principle (government regulation is another matter).

Net neutrality as a principle, is simple. All legitimate traffic should be treated equally, no matter the source or destination. No internet service provider should filter, censor, or slow down traffic from their competitors, their critics, or because of politics or national origin; or for any reason other than technical requirements for safe, efficient, and reliable network operation.

It’s how the internet has always been run, up until recently, without any government action necessary. There’s a famous quote: “The internet interprets censorship as damage and routes around it”. Any internet service provider that censored, filtered, or slowed down traffic from anyone (for anything other than technical reasons) was routed around, and cut out of the net, by its peers. It was a great example of independent action and peer enforcement working in the marketplace.

Unfortunately, this is no longer the case.

Why is it an issue now?

Large media and communications companies like Comcast and Verizon have been deliberately and artificially blocking or slowing down traffic to and from their critics and competitors.

Of course, getting government involved does generally make things worse. In fact, it already did in this case, since the government has been involved from the beginning, and it was largely government action that created the current problem.

In a rational and unbiased competitive environment, consumers would have a reasonable choice of internet service providers, and any ISP that chose to censor or limit access, would lose customers, and either correct themselves or go out of business.

Unfortunately, we don’t have anything like a free and competitive market in internet access. Government regulation and favoritism has created huge monopolies (or at best duopolies, and no, wireless access is not realistic and reasonable competition given the distorted market and cost structures there either) in internet access.

We’ve reached a point where the telecommunications monopolies that government created and support, are in fact deliberately applying anticompetitive, unfair (and in some cases already unlawful) restraint against their critics and competitors.

Since they are government supported monopolies, the market is not allowed to correct the undesirable private action.

This means that, unfortunately, government action IS required… and even if it were not required, it’s inevitable, because politics is politics, and this is now an “Issue”.

So what do we do about the problem?

Please note, I don’t trust either Democrats OR Republicans on the issue in general, and I don’t trust either, or the FCC to regulate neutrality at all. Cruz does have at least one valid concern, in that the history of government regulation of almost every industry, but particularly technology, is mainly a long record of suppressing innovation and other negative unintended consequences.

The ideal solution is to end the government created internet access monopolies that most Americans live under, and allow free and open market competition to correct the problem.

Without government limitations on competition in actual high speed, high quality internet access; competition will increase, prices will fall, and any provider that filters or slows legitimate traffic will lose all their customers and go out of business.

This isn’t just a prediction or libertarian idealism talking by the way. It’s been proved out in Korea, Japan… even in the UK. Everywhere that internet access competition has been allowed to flourish, everything has improved (conversely, in the U.S. where we have deliberately increased the power and scope of these monopolies, we have the worst internet access of any technologically advanced nation).

Unfortunately, that isn’t going to happen.

The next best thing, is to mandate net neutrality in the least intrusive, least stupid way possible, and to react intelligently (and rapidly) to changes in technology and its uses, to avoid regulatory distortion and suppression of innovation.

Unfortunately, that isn’t likely to happen either…

That said, it’s remotely possible for us get closer to that, quicker, than we can to disassembling the thousands of federal, state, and local regulations, which have created these monopolies, and made the barriers to entry for competition impossibly high.

Of course neither Democrats nor Republicans support or plan to do that.

The whole thing is a spiraling charlie fox of disingenuous cynical idiocy.

Personally, I say forget Obama, forget Cruz, and listen to Oliver (or if you don’t care for Oliver, or can’t watch a video, there The Oatmeal):

 

 

*Reactionary Populist Disingenuous Grandstanding Cynic… not the Republican party, just Cruz

Edited to add a few paragraphs clarifying what net neutrality was, and why it’s currently an 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

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

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

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

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

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

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

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

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

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

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

Which Party Are Libertarian Party Candidates Drawing From? You’ll Be Surprised To Know Which One It Is

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Conventional wisdom holds that Libertarian Party candidates draw votes away from Republican candidates. However, some exit polling from Tuesday’s midterms shows that wisdom may not be true.

Reason‘s Brian Doherty looked at the exit polling in North Carolina and Virginia and found that it’s not necessarily true.

It isn’t common for Democrats to accuse Libertarians of “spoiling” elections for them, but a look at NBC News exit polls show that Haugh voters indeed came more from people who consider themselves “moderate” (5 percent of self-identified moderates went Haugh) and even “liberal” (4 percent of liberals voted for Haugh) than from conservatives (only 2 percent of whom voted for Haugh). Those were the only three choices for self-identification.

Only 1 percent each of self-identified Democrats or Republicans voted Haugh, while 9 percent of Independents did. (Those again were the only choices.) (Independents otherwise went 49-42 for Tillis over Hagan.)

In other exit poll results, Haugh’s portion of the vote fell pretty steadily as age groups got older—he got 9 percent of the 18-24 vote, and only 2 percent of the 50-and-over crowd.

Haugh did strongest among white women in race/gender breakdowns, with 5 percent of that crowd, and only 1 percent of black men or black woman—and no polled number of Latino men or women.

Other interesting Haugh exit poll results: His overall man/woman breakdown was the same, 4 percent of each in the exit poll. Haugh’s numbers got progressively smaller as voter income got bigger—he earned 6 percent of the under-$30K vote but only 1 percent of the over-$200K vote. Libertarians aren’t just for plutocrats.

As Doherty points out in an earlier piece, Sean Haugh, the Libertarian candidate in North Carolina, ran as a left-libertarian who was generally opposed to cutting social services. As for Robert Sarvis, the Libertarian candidate in Virginia, Doherty believes that Sarvis may have cost Ed Gillespie the Senate race. However, Sarvis e-mailed Doherty and says otherwise:

One can’t assume the 3 percent Rs would be voting [Gillespie] in my absence—it’s quite likely these R voters would have joined the 7 percent of Rs voting for Warner. Polls throughout the race showed Warner enjoying double-digit support among Rs, and a fair number of Rs told us they can’t stomach voting for [Gillespie]. A lot of business-type Republicans consider Warner acceptable, so probably many Rs who really disliked [Gillespie] voted for me because I was preferable to Warner, but would otherwise have voted Warner not Gillespie. So those R Sarvis voters were “taken” from Warner not Gillespie.

Similar thing happened last year, with pretty high certainty. A poll in September showed that *among Sarvis supporters*, 60+ percent had a favorable opinion of Gov. McDonnell, but 70+ percent had an UN-favorable view of Cuccinelli. So I was a vessel for moderate, R-leaning, anti-Cuccinelli voters who preferred voting for me to voting for MacAuliffe, i.e., I “took” moderate R votes from MacAuliffe.

Moreover, my share of the Independent vote clearly skewed younger, so from voters not inclined to vote D than R.

I agree with Sarvis’s analysis of his own voters, that they’re moderate and left-leaning. Sean Davis at The Federalist analyzed the 2013 Virginia Governor’s race that Sarvis brought up in his e-mail to Doherty and found that Sarvis may have actually helped Democrats in that race. As Ben Dominich, also at The Federalist points out, Sarvis ran on some progressive-leaning positions on economics in the 2013 race. I’m sure Sarvis simply held on to some of these 2013 voters.

Back to the 2014 race, Davis tweeted this about Sarvis and Virginia:

This is the culmination of a progressive shift within the libertarian movement that is gaining traction, particularly within the Libertarian Party. Many so-called “second wave libertarians” and “millennial libertarians” are trying to merge progressivism and libertarianism to form a left-libertarian fusion of sorts. Also, most conservative-leaning libertarians and “conservatarians” (who are still the vast majority in the liberty movement) have already rejoined or never left the Republican Party.

So the party that needs to worry about the Libertarian Party, most of the time, are the Democrats, especially as the LP continues to shift towards the left.

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.
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