civil rights

Some Monday Links – Of bloody summer stains, busted hopes and laundries

Michalis Trepas Current Events, History, Law, Liberty, Links , , , , , , , , , , , , ,

Also lingo. And beards.

Why Cuba is having an economic crisis (Noahpinion)

The Language of Totalitarian Dehumanization (Quillette)

On the Cuba events. Governments and protests, now that’s a strained relationship. Talking about the so-called “Second World” countries, Nikita Khrushchev did not even know what booing is, until he encountered it in his visit to London in 1956.

Few years later, during a massive strike in the Russian city of Novocherkassk, a crowd stormed the central police station. Whether it was a genuine assault, or a naive display of defiance from a people inexperienced in protesting, the government’s fearful puzzlement turned to cold, brutal aggression. Unarmed protesters at the center of the city, mistakenly thinking that those days were over, remained steadfast at the face of warnings to disperse. That is, until security forces opened direct fire against them. The ensuing massacre was covered-up for three decades. Since this was an à la Orwell un-event, no high-ranking officials’ records were stained.

Khrushchev’s aloof ignorance strikes a nerve, contrasted with the people’s heartbreaking one. Both glimpses are captured in the brilliant (though somewhat uneven) Red Plenty, by Francis Spufford.

All things said, Karl Marx Loved Freedom (Jacobin). More beards.

The Greek government, like its French counterpart, is escalating the push for vaccinations. As constitutional scholars argue the limits of state power regarding personal freedom and the public good, historical precedents are brought forth (for the US, c. early 1900s), involving mandatory vaccinations, quarantines and discrimination. The discussion draws from equal protection of the laws jurisprudence and smoothly led me to Yick Wo v. Hopkins (1886):

Yick Wo v. Hopkins established fair implementation of statutes (History Net)

The decision set a milestone and has been cited some 150 times.

The backdrop of the case is rich. As it turns out,

An 1880 ordinance of the city of San Francisco required all laundries in wooden buildings to hold a permit issued by the city’s Board of Supervisors. The board had total discretion over who would be issued a permit. Although workers of Chinese descent operated 89 percent of the city’s laundry businesses, not a single Chinese owner was granted a permit.

Oyez

The regulation was one in a series of many that reflected the anti-immigrant (especially anti-Chinese) sentiment, following the influx due to the Gold Rush (1849).

An illustration of the time, echoing the 3-day pogrom vs Chinese immigrants, San Francisco Jul. 1877 – Source

Yick Wo: How A Racist Laundry Law In Early San Francisco Helped Civil Rights (Hoodline)

A particularly badass line, from the unanimous opinion authored by Justice Stanley Matthews, shows that the Court did not hold back:

Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.

Nightcap

Brandon Christensen Links , , ,
  1. Robinhood and redditors (and free markets, too) Roger Koppl, EconLog
  2. Dog years (communism in Poland) Ania Spyra, Colorado Review
  3. The political economy of liberal democracy (pdf) Mukand & Rodrik, EJ
  4. Fresh whole milk Claudia Smith, Southwest Review

The World Health Organization Revisited; Individual Rights

Jacques Delacroix Current Events, Liberty , , , , ,

Two things today (4/17/20). First, there is a vast misunderstanding of the World Health Organization around the US. (WHO) It’s been promoted unwittingly by the President’s own seeming ignorance.

WHO operates on two different gears. In times of crisis, like now, it’s usually found wanting. That’s because the top of its hierarchy takes over at such times and the top is composed of political appointees. Their appointment is the object of backroom negotiations between various Third World tyrants, China, and others, included the US, who are usually distracted. The current head is an Ethiopian communist. How did that happen?

Most of the time, the work of WHO is performed by professionals with no strong or visible political inclinations. With them, WHO managed to practically eliminate the scourge of small-pox, to reduce greatly the reach and danger of malaria. WHO has also been the main force behind campaigns of vaccination, including in areas where strong resistance exists. (No, I don’t mean loopy Santa Cruz, where I live; I was thinking more of Pakistan.) The pennies WHO costs me personally each year are undoubtedly one of the best investments I have ever made, its recent missteps notwithstanding.

I think, and I hope, that the president’s suspension of the major American contributions to WHO is only a pleasantly devious way to get the head of its head.

Second topic. For what it’s worth, here are the two things that triggered me to make the C-virus second fiddle in the concert in my mind. First was, the prohibition on surfing in Santa Cruz. Now, I am a water man but I never surfed and my surfing days would be quite behind me anyway. That prohibition demonstrated the sheer irrationality presiding over such decisions. And the panic among officials. Alternatively, as several FB friends have pointed out, the prohibition might have been a hypocritical way to keep “outsiders” out of Santa Cruz. That would have been a gross abuse of power: Punish me for the evil others might do which the authorities probably don’t have the right to repress anyway. (Go ahead, speak it aloud.)

The other thing that turned my head around was the growing impression that governments at the state and local levels were demonstrating a royal contempt for civil rights. The prohibition of surfing in my town was a first signal. (See above.) Then I began to realize that denials of civil rights were happening all over this great country. This very morning, Rush Limbaugh played a recording of the governor of New Jersey declaring that questions about civil rights were “above his pay grade,” a governor of a large state. (And his political affiliation is…?)

What worked most into the deep recesses of my lazy mind were the mention of several prohibitions of religious gatherings in different parts of the country. Yes, they sounded reasonable, sort of, in health terms. And, yes I am an atheist (even though I actually am in a foxhole). But look, the First Amendment does not say, ” …except when there is a risk of sickness.” And, if you disagree you should openly ask for a suspension of the Constitution and let those who ask for and implement it eventually pay the political price.

There can be no unspoken exceptions to the constitutional democratic order. Can there be?

Free Immigration is not a Classical Liberal Right

Edwin van de Haar Culture, Philosophy , , , , , , , , , ,

My eye caught this article, which stands in a long tradition among libertarians.

It is the kind of fairy tale theory that gives liberal thought a bad name in general, and classical liberal thought in particular, as it is often confused with libertarianism in the US.

My problem with arguments like these is that they make logical sense, but are practically non-sensical at the same time. I am more than willing to admit that in the ideal libertarian world free immigration indeed is a right. Yet I do not think arguments like these help us to get that libertarian ideal one inch closer. On the contrary, I am afraid it only fosters disdain and outright disbelief, even among potential supporters.

The main problem of course is that there is no ideal libertarian world. Yet libertarians all too often do not seem to care about that. They rather continue to argue about what fairy tales makes the most logical sense, rather than using their sometimes brilliant minds to come up with ideas and theories to actually foster a more liberal world. Let alone a classical liberal or a libertarian world.

To make a case for free immigration on the basis of rights is to deny the property rights of current populations. Roughly, that argument goes like this: in this world most immigrants will make some claim to these existing property rights once they arrive in their host country. Higher taxation to pay for the immigration system is one thing, but also think of housing, claims to health and medical systems, social welfare programs, schools, roads, et cetera. The majority of the current population has put money into (these) public goods, certainly in Europe, and thus property rights were created. These  should be protected and can only consensually be changed.

Also, there are more intangible effects, think for example of the change in culture and social cohesion, certainly before the new arrivals are fully integrated. Hayek warned against precisely these destabilizing effects of large groups of immigrants entering a relatively homogenous territory, drawing on his own Viennese experience in the interwar years. He openly supported Margaret Thatcher to this end in a letter to The Times on February 11, 1978, which were followed by further explanations in the same newspaper in the weeks thereafter.

This is not to say we should all build (or rather attempt to build) walls, or close off borders completely. Some form of immigration is indeed called for, if only out of humanitarian perspective. That is something completely different than free immigration though.

Nightcap

Brandon Christensen Links , , ,
  1. #ThemToo: Earlier women’s crusades Kay Hymowitz, City Journal
  2. Bitcoin after 10 years Larry White, Alt-M
  3. How to understand Salafism in America Bruce Clark, Erasmus
  4. Tigris and Euphrates Rhys Griffith, History Today

Freedom of Religion Secures Other Rights As Well

Derrill Watson Philosophy, Religion , , , ,

Ethan’s post on “The Why of Religious Freedom” inspired me to add one more to his list of reasons why freedom of religion deserves special treatment and protection. The freedom of religion preserves other freedoms we hold dear. Even those who do not wish to belong to an organized religion or to hold strong religious opinions have their freedoms secured because of the protection granted to religious freedom.

Freedom of religion, the first freedom protected by the US Constitution’s First Amendment, is part of having freedom of speech. Imagine a country where you could say anything you wanted, except those ideas and principles you hold most dear to your heart. How free would you feel your speech actually is? If you have freedom of the press and can print any opinion or argument you care to, unless it is about your conscience, how free is your press? To say that you may express your political opinion and vote unless you have religious reasons for that opinion similarly denies the equal protection clause of the 14th amendment.

Freedom of religion is also a guarantor of freedom of assembly. This last weekend while in Atlanta for the Teaching Professor Conference in Atlanta, my colleagues and I toured Rev. Dr. Martin Luther King Jr.’s church and neighborhood. The civil rights movement for many years worked through the churches because it was the only place African Americans were freely allowed to assemble together in many areas. As they assembled, they had the freedom to speak out against the injustices and oppressions they faced and work together to overcome them.​

As Rev. King put it, “Freedom is like life. It cannot be had in installments. Freedom is indivisible – we have it all, or we are not free” (The Case Against “Tokenism”). To extend that argument, when we say ‘freedom of religion’ it is the people who are free, free to believe how they will, to speak and gather and act according to their beliefs freely. In “The Ethical Demands For Integration,” Rev. King argued:

“A denial of freedom to an individual is a denial of life itself. The very character of the life of man demands freedom. In speaking of freedom … I am not talking of the freedom of a thing called the will [or in our case, religion]. The very phrase, freedom of the will [religion], abstracts freedom from the person to make it an object; and an object almost by definition is not free. But freedom cannot thus be abstracted from the person … . So I am speaking of the freedom of man, the whole man.”

If we cannot be free in our religious thoughts and exercise – whether connected with an organized religion or not – we cannot be a free people.

Guantanamo: A Conservative Moral Blind Spot

Jacques Delacroix Current Events, Law, Politics , , , , , , , , , , , ,

A current Guantanamo detainee, Mohamedou Slahi, just published a book about his ordeal. The book is redacted of course but it still tells an arresting story.

M. Slahi was captured in 2000. He has been held in detention, mostly at Guantanamo prison since 2002 but in other places too . The motive was that he supposedly helped recruit three of the 9/11 hijackers and that he was involved in other terror plots in the US and Canada (unidentified plots.).

According to CNN:

Slahi admits to traveling to Afghanistan to fight in the early 1990s, when the US. was supporting the mujahedin in their fight against the Soviet Union. He pledged allegiance to al Qaeda in 1991 but claims he broke ties with the group shortly after.

He was in fact never convicted. He was not even formally charged with anything. Slahi has spent 13 years in custody, most of his young adulthood. If he is indeed a terrorist, I say, Bravo and let’s keep him there until the current conflict between violent jihadists and the US comes to an end. Terror jihadists can’t plant bombs in hotels while they are in Guantanamo. And, by the way, I am not squeamish about what those who protect us must do to people we suspect of having information important to our safety. I sometimes even deplore that we do to them is not imaginative enough. And, I think that the recent allegations to the effect that torture produces nothing of interest are absurd on their face.

But what if the guy is an innocent shepherd, or fisherman, or traveling salesman found in the wrong place? What if he is a victim of a vendetta by the corrupt police of his own country who delivered him over? What if he was simply sold to our intelligence services? What if, in short, he is has no more been involved in terrorism than I have? The question arises in Slahi’s case because the authorities had thirteen years to produce enough information, from him and from others, to charge him. They can’t even give good reasons why they think he is a terrorist in some way, shape or form. It shouldn’t be that hard. If he so much as lend his cellphone to a terrorist I am for giving him the longest sentence available. or simply to keep him until the end of hostilities (perhaps one century).

And if having fought in Afghanistan and having pledged allegiance to Al Qaeda at some point are his crimes, charge him, try him promptly even by a military commission, or declare formally, publicly that he is a prisoner not protected by the Geneva Conventions, because he was caught engaged in hostile action against the US while out of uniform and fighting for no constituted government. How difficult can this be?

I am concerned, because, as a libertarian conservative, I am quite certain that any government bureaucracy will usually cover its ass in preference to doing the morally right thing. (The American Revolution was largely fought against precisely this kind of abuse.) Is it possible that the Pentagon or some other government agency wants to keep this man imprisoned in order to hide their mistakes of thirteen years ago? I believe that to ask the question is to answer it.

This kind of issue is becoming more pressing instead of vanishing little by little because it looks like 9/11 what just the opening course. It looks like we are in this struggle against violent jihadism for the long run. Again, I am not proposing we go soft on terrorism. I worry that we are becoming used to government arbitrariness and mindless cruelty. I suspect that conservatives are often conflating their dislike of the president’s soft touch and indecision about terrorism with neglect of fairness and humanity. I fear we are becoming less American.

Let me ask again: What if this man, and some others in Guantanamo, have done absolutely nothing against us?

Of course, I hope the US will keep Guantanamo prison open as long as necessary. In fact, I expect fresh planeloads of real terrorist from Syria and Iraq to come in soon. I really hope that Congress will have the intestinal fortitude to call President Obama’s bluff on closing the prison. Congress has the means to stop it if it wants to.

Martin Luther King Jr Day and Civil Rights: A (True?) Libertarian’s Lazy Perspective

Brandon Christensen Links, Politics , , , , , , , , , ,

History professor and fellow Notewriter Jonathan Bean has an op-ed out in the Daily Caller titled “Civil Rights Are Too Important To Be Left To Special-Interest Advocates.” From the opening paragraph:

“War is too important to be left to the generals,” the saying goes. Similarly, civil rights are too important to be left to professional advocates who champion only their own particular racial, ethnic, or religious causes. Unfortunately, in the “official” civil rights community of today a spirit of inclusiveness may be the exception, not the rule.

Read the rest.

Dr Bean’s post has reminded me of how to best tell the difference between a libertarian and a conservative (overseas readers: here is my reminder to you that, in US parlance, libertarian means liberal): libertarians have a deep, principled commitment to equality that is simply missing in conservative thought.

Libertarians will argue that all individuals are born equal, whereas conservatives will tell you individuals are not. Libertarian notions of equality are thus caught in the middle of two extremes: on the Right you have conservatives who believe that inequality equality is not possible on an individual, regional, national, or international scale and on the Left you have egalitarians who harbor all sorts of utopian pipedreams based on “equality.” These three paradigms are by no means obvious, and sometimes you have to think about the implications of a person’s argument.

The libertarian notion is utopian, as it has never been reached and probably never will be, but it is always within reach and is based upon civil and legal equality rather than some of the asinine notions of the Left. When I say “civil and legal equality” I mean that all human beings are deserving of the same fundamental individual rights. Conservatives don’t believe in this (think about their views on immigrants, for example, or ethnic/religious minorities).

So the libertarian, when faced with a hypothetical that looks at an immigrant who came to the US illegally, will say the immigrant is deserving of the same legal and civil rights as a native. A conservative will not. I know many self-described libertarians will give the second answer, and my response to them would be, “well, I guess you’re a conservative then, and not a libertarian.”

Ouch!

I understand that the complexities of politics in federal democracies make ideological arguments useless, so my only goal with this post is to help readers clarify their own political views. If you don’t support the civil and legal rights of illegal immigrants (for example), you are not a libertarian. I don’t mean to be in such a purge-y mood, but that’s a fairly basic tenet of the creed.

Also, Malcolm X did more for the civil rights of Americans than MLK did. The government chose MLK to represent the civil rights struggle, though, because he never toted a gun in public. Same thing happened in South Asia just before the UK left. Gandhi didn’t have nearly as much influence as the armed insurrections happening all over the subcontinent. Bring it!

Gun Rights, the Black Panthers, and ‘the South’ in the United States

Brandon Christensen Current Events, Links , , , , , , , , , ,

From a report by Aaron Lake Smith in Vice:

The Dallas New Black Panthers have been carrying guns for years. In an effort to ratchet up their organizing efforts, they formed the Huey P. Newton Gun Club, uniting five local black and brown paramilitary organizations under a single banner. “We accept all oppressed people of color with weapons,” Darren X, who is 48, tells me in a deep, authoritative baritone. “The complete agenda involves going into our communities and educating our people on federal, state, and local gun laws. We want to stop fratricide, genocide—all the ‘cides.”

Interesting, and brings up the question: will the NRA support their right to bear arms, or will they revert to their early 20th century stance and begin supporting gun control again? Also in the article is a bit of history:

The seeds of what was to become the Black Panther Party lie in the 1940s, when black veterans returned to the South after fighting in World War II and found themselves dehumanized by segregation.

I’ve often wondered about this. The desegregation of the South and the achievements of the Civil Rights movement were perhaps the greatest human accomplishments to come out of World War 2 and the Cold War, and this has startling implications for libertarians who advocate for a hardline non-interventionist foreign policy. Libertarians in the US point out that worldwide empire is bad, even a liberal empire, but without it I don’t see a Civil Rights movement happening (which in turn means nobody in the developing world has a model to look up to).

After Germany and Japan surrendered Washington was forced to cede political rights to blacks because of the hypocrisy that pro-rights marches highlighted to the world. The US was engaged in a propaganda war with the USSR, and the segregation of blacks and whites in the US was very bad press. Without the Cold War, blacks would probably have remained official second-class in the US (and the world). Libertarians should be proud of the Civil Rights movement, even if the legislation passed didn’t conform perfectly with individual rights (i.e. affirmative action instead of reparations, or nothing but individual rights!) and even if blacks got their individual rights through legislation rather than law.

Smith’s reporting in other places is less than convincing, though:

Shootings of civilians by police officers reached a 20-year peak in 2013, even as the incidence of violent crime in America went down overall.

I believe that the shooting of “civilians” by police officers is a violent crime, but unless I am missing something Vice simply treats the data as if shootings by police officers are different from shootings by people who are not police officers. Nothing will change as long as this kind of mindset is prevalent in the US. I understand that police officers have a job to do, and that their job makes them different from people who do other jobs (say, a doctor or a lawyer), but it does not place them above the law.

Also, a more disturbing implication of this would be that a more violent police force decreases crime. This is not discussed by libertarians or left-liberals. I don’t like it, but it cannot be ruled out as a possibility just yet. I hope somebody will debunk my notion in the ‘comments’.

One last fascinating tidbit from the article is the difference between the old leaders of the Black Panthers (one who claimed that the Koch Brothers are behind everything, thus showing – to me, anyway – that hippies and Black Panthers have more Baby Boomer similarities with each other than they’d like to admit) and the new leaders (“all power to all people,” including gun rights). Racism is so interesting to me in the American context because of the demographic perceptions amongst other reasons). My parents and grandparents have very different types of racist assumptions than I do, but I’m getting way too far ahead of myself. More on American racism later, or just take me to task in the ‘comments’ section!

(h/t Chris Blattman)

Hayek on Human Rights Day

Rick Weber Current Events , , , , ,

It turns out it’s Human Rights Day today! I came across a call on Twitter: “Don’t fight for your rights. Fight for equal rights.” This reminded me of an argument from Hayek: “If we knew how freedom would be used, the case for it would largely disappear…. the importance of our being free to do a particular thing has nothing to do with the question of whether we or the majority are ever likely to make use of that particular possibility… The freedom that will be used by only one man in a million may be more important to society and more beneficial to the majority than any freedom that we all use.”

This thought entered my brain when I was in a Constitution of Liberty reading group back in San Jose and has been percolating ever since. It has profound implications for how we think of freedom as a concept, and especially for how we should think about the sorts of liberties we want to support. I think the second part is obvious: even if I don’t need the freedom to own a business (for example), I’m far better off in a world where immigrants are allowed to start businesses like eBay. The same is true for more controversial liberties… we simply don’t know who ought to have the rights necessary to transform the world, and we don’t know what those rights are. So we should be prepared to err on the side of giving “too many” people “too many” liberties.

The first part (the implications for how we think of freedom as a concept) is a bit trickier. Hayek is arguing that the rights we all have aren’t terribly important. That is, it’s the marginal rights that matter. We all have the right to life. It’s important, but it’s not going anywhere anyways. If we want to improve the future, we need to keep an eye to things within our control; we could revoke the right to life (you know what I mean… that other thing is a whole different can of worms and you should write your own blog post about it…), but that’s not even on the table. What we need to be concerned with is those rights that we could conceivably lose because they don’t seem that important.

For example: women should be allowed to sign contracts, own property, and start businesses. We all know that to be the case based on our sense of fairness. But Hayek bolsters that argument: we should want that set of rights to be held by as many people as possible regardless of sex and possibly even regardless of species (District 9 and Planet of the Apes are two movies that would be very different if we attached rights to sentience rather than humanity). We don’t want rights to only go to people we care about, we want them to go to people who can use those rights to make the world better.