Nightcap

  1. You’ll Hate This Post On Brett Kavanaugh And Free Speech Ken White, Popehat
  2. Kavanaugh and Executive Power – the Good, the Bad, and the Overblown Ilya Somin, Volokh Conspiracy
  3. Judge Kavanaugh and Justice Kennedy’s Free Speech Legacy Jonathan Adler, Volokh Conspiracy
  4. How the Kavanaugh Nomination Reveals a Deep Challenge to Our Democracy David French, National Review

Could free speech have led to overseas empires?

Tridivesh’s recent post on China’s multilateral struggles got me thinking about the difference between the United States and China when it comes to coalition-building and international affairs more broadly.

I don’t think the Chinese are purposely attempting to smaller countries in debt so that Beijing may have a shorter leash for them. I think Beijing simply doesn’t know what it’s doing, and is proceeding apace with multilateral initiatives like the BRI through a trial-and-error process. Unfortunately, trial-and-error processes only work if there is a mechanism to identify the error that takes place during the trial. In the West, we call this mechanism “free speech.” In China, free speech ruins order and is thus discouraged at best and disposed of at worst.

China’s expansionist efforts will probably, as a result of the lack of free speech, end poorly for the regime. Beijing’s reputation will suffer, and it will have to resort to more coercive tactics to secure its alliances and influence over its smaller neighbors.

This thought process, in turn, got me thinking about how the West came to churn out so many powerful worldwide empires in such a short span of time, and how these empires managed to coexist with each other at various points in time. Given China’s troubles with establishing hegemony, the fact that the United Kingdom, the Netherlands, France, and the United States were able to achieve what they achieved is amazing. Throughout most of history, empires (or wanna-be empires) have sought to expand abroad while keeping order at home, just like China is doing today. In the sixteenth-century West, order at home was rejected in favor of liberty at home, and as a result the few societies that tried liberty ended up being able to afford overseas empires, where order was sought instead of liberty!

The short-sightedness of imperialists continues to astound me. If liberty at home leads to opportunities to establish colonies abroad, why on earth would you try to stamp out liberty in the colonies you’ve been able to establish thanks to liberty? Imagine if the people living in Indonesia, or India, or Algeria, or the Philippines, had all the liberty that Americans and western Europeans had. Alas…

Why protect speech?

The U.S. Supreme Court has extended more protection for speech than other major courts that adjudicate rights, such as the European Court of Human of Rights. Nonetheless, the Supreme Court is frequently wrong about why speech deserves constitutional protection. That error has undermined the First Amendment that the Court purports to protect. Continue reading