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Biden Brainstorm: Nationwide Lockdown, Mask Mandate

01 Sunday Nov 2020

Posted by Nuetzel in Liberty, Pandemic, Tyranny

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Coronavirus, Covid-19, Donald Trump, Joe Biden, Lockdown Deaths, Mask Mandate, Nationwide Lockdown, Pete Buttigieg, Presidential Powers, Viral Load

Ah, so Mayor Pete Buttigieg of South Bend, Indiana, one of garbling Joe Biden’s campaign surrogates, says Biden will indeed consider a national lockdown if elected. Oh, fine. And Biden accused Trump of destroying the economy? These dumb-asses must think people have memory spans of about a second.

There are several gigantic problems with foggy Joe’s idea: first, it’s not within a president’s power to impose a nationwide lockdown, as the chorus of experts reminded us last spring when Trump mentioned it. Second, the evidence suggests that lockdowns don’t work to eliminate the virus; they delay its spread at best. Third, as we’ve witnessed, lockdowns themselves have enormous public health consequences, leading to a variety of severe maladies, despondency, and excess non-COVID deaths. That’s simply unacceptable. Finally, the economic damage imposed by lockdowns is horrific and often permanent. We’re talking about destroying the independent livelihoods of people. Permanently! Lockdowns are especially hard on those at the bottom of the economic ladder, who are disproportionately minorities. That’s so obvious, and yet very difficult for elites to gather in.

Here’s another one: today Biden said he would impose a “national mandate” on masks and social distancing on Day One of his presidency. Like lockdowns, evidence is accumulating that masks do not work to contain the virus, and in fact they might be counter-productive (also see here, here, here, and here). Biden’s people will probably also insist on a mandating a government-approved contact-tracing app on your cell phone. Not if I can help it! But don’t get me wrong… I wear a mask in public buildings as an act of voluntary cooperation and to be polite. I also hold out some hope that it will keep the viral load minimal should anything float my way, but whatever lands on the mask might stick with it … and me!

Measures like those Biden contemplates are major assaults on our liberty. And the thing is, if any of it comes to pass, the restrictions might never go away. We’ll be asked to do this every flu season, or perhaps permanently to protect each other from “germs”. This is an authoritarian move, one that we should all resist, even if you’re freaked out by the virus. The best way to resist right now is to vote for Donald Trump.

And please, don’t give me any bullshit about our “responsibility” to lock down, and how mandatory masks are necessary to protect the vulnerable. Is poverty now a “responsibility”? The most highly vulnerable can be protected without masks, and maybe better. Beyond that, people must be free to determine their own level of risk tolerance, just as they have for millennia with respect to a broad spectrum of serious risks, pathogens or otherwise. That’s a dimension of freedom about which no one should be so cavalier.

Diversity of Thought Matters

14 Sunday Jun 2020

Posted by Nuetzel in Censorship, Identity Politics, Tyranny

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ActBlue Charities, Black Lives Matter, Censorship, George Floyd, Identity Politics, Inequality, Joe Biden, Poverty, racism, STEM, Thomas Sowell, UC-Berkeley, Viewpoint Diversity, ZeroHedge

Here’s an extraordinary letter written last week by a UC-Berkeley history professor to his colleagues. I link to a reprint on ZeroHedge because it was easier to read on my phone than the original source. The letter is anonymous, but it’s authenticity has been verified by well-known colleagues of the author outside the UC system, including Thomas Sowell of Stanford. In the first instance, it is a reaction to recent departmental and university communications, but the issues are much broader. The author, a self-described person of color, is embittered by the tyranny of groupthink that has characterized the reaction to George Floyd’s murder, the “soft bigotry of low expectations’ for blacks, and the virtual beatification of a man with a long and brutal rap sheet. The letter is an ominous warning that basic freedoms are at risk, not to mention intellectual integrity. Here are some salient points from the letter:

  • “I could not find a single instance of substantial counter-argument or alternative narrative to explain the under-representation of black individuals in academia or their over-representation in the criminal justice system. The explanation provided in your documentation, to the near exclusion of all others, is univariate: the problems of the black community are caused by whites, or, when whites are not physically present, by the infiltration of white supremacy and white systemic racism into American brains, souls, and institutions.“
  • “The claim that the difficulties that the black community faces are entirely causally explained by exogenous factors in the form of white systemic racism, white supremacy, and other forms of white discrimination remains a problematic hypothesis that should be vigorously challenged by historians. Instead, it is being treated as an axiomatic and actionable truth without serious consideration of its profound flaws, or its worrying implication of total black impotence.“
  • “… consider the proportion of black incarcerated Americans. This proportion is often used to characterize the criminal justice system as anti-black. However, if we use the precise same methodology, we would have to conclude that the criminal justice system is even more anti-male than it is anti-black. … Would we characterize criminal justice as a systemically misandrist conspiracy against innocent American men? I hope you see that this type of reasoning is flawed, and requires a significant suspension of our rational faculties. Black people are not incarcerated at higher rates than their involvement in violent crime would predict. This fact has been demonstrated multiple times across multiple jurisdictions in multiple countries.
  • “I personally don’t dare speak out against the BLM narrative, and with this barrage of alleged unity being mass-produced by the administration, tenured professoriat, the UC administration, corporate America, and the media, the punishment for dissent is a clear danger at a time of widespread economic vulnerability. I am certain that if my name were attached to this email, I would lose my job and all future jobs, even though I believe in and can justify every word I type.“
  • “The vast majority of violence visited on the black community is committed by black people. There are virtually no marches for these invisible victims, no public silences, no heartfelt letters from the UC regents, deans, and departmental heads. The message is clear: Black lives only matter when whites take them. Black violence is expected and insoluble, while white violence requires explanation and demands solution. Please look into your hearts and see how monstrously bigoted this formulation truly is. … No discussion is permitted for nonblack victims of black violence, who proportionally outnumber black victims of nonblack violence.“
  • “… our department appears to have been entirely captured by the interests of the Democratic National Convention, and the Democratic Party more broadly. To explain what I mean, consider what happens if you choose to donate to Black Lives Matter, an organization UCB History has explicitly promoted in its recent mailers. All donations to the official BLM website are immediately redirected to ActBlue Charities, an organization primarily concerned with bankrolling election campaigns for Democrat candidates. Donating to BLM today is to indirectly donate to Joe Biden’s 2020 campaign.“
  • … our university and department has made multiple statements celebrating and eulogizing George Floyd. Floyd was a multiple felon who once held a pregnant black woman at gunpoint. He broke into her home with a gang of men and pointed a gun at her pregnant stomach. He terrorized the women in his community. He sired and abandoned multiple children, playing no part in their support or upbringing, failing one of the most basic tests of decency for a human being. He was a drug-addict and sometime drug-dealer, a swindler who preyed upon his honest and hard-working neighbors. … And yet, the regents of UC and the historians of the UCB History department are celebrating this violent criminal, elevating his name to virtual sainthood. A man who hurt women. A man who hurt black women. With the full collaboration of the UCB history department, corporate America, most mainstream media outlets, and some of the wealthiest and most privileged opinion-shaping elites of the USA, he has become a culture hero, buried in a golden casket, his (recognized) family showered with gifts and praise. Americans are being socially pressured into kneeling for this violent, abusive misogynist. A generation of black men are being coerced into identifying with George Floyd, the absolute worst specimen of our race and species.”
  • “My family have been personally victimized by men like Floyd. We are aware of the condescending depredations of the Democrat party against our race. The humiliating assumption that we are too stupid to do STEM, that we need special help and lower requirements to get ahead in life, is richly familiar to us. … The ever-present soft bigotry of low expectations and the permanent claim that the solutions to the plight of my people rest exclusively on the goodwill of whites rather than on our own hard work is psychologically devastating. No other group in America is systematically demoralized in this way by its alleged allies. A whole generation of black children are being taught that only by begging and weeping and screaming will they get handouts from guilt-ridden whites.“

There is much more in the letter. Some will dismiss the letter based on the author’s decision to remain anonymous, but one can hardly find fault with that in today’s suffocating intellectual environment. There are many others who remain silent because they either fear the consequences, distain the questions, or wish to be polite. My only other reservation about the letter is the author’s failure to acknowledge George Floyd’s efforts to reform, which were obviously in vain. Those efforts and his murder should not elevate Floyd to an heroic status. Nevertheless, his victimhood qualifies him as a legitimate symbol of police brutality, if not racism.

While much of academia has been swallowed whole by vapid identitarianism and scientism over science and rational thought, the history professor has managed to survive in what might be the hottest bed of leftist extremism in the country at UC-Berkeley. I hope the professor has a long and influential career.

The Vagaries of Excess Deaths

02 Saturday May 2020

Posted by Nuetzel in Liberty, Pandemic, Tyranny

≈ 2 Comments

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Cause of Death, CDC, Civid-Only Deaths, Co-Morbidities, Coronavirus, Covid-19, Denmark Covid, Eastern Europe Covid, Euromomo, Excess Mortality, Germany Covid, Jacob Sullum, John Burn-Murdoch, New York Covid, New York Times, Probable Covid Deaths

The New York Times ran a piece this week suggesting that excess mortality from Covid-19 in the U.S. is, or will be, quite high. The analysis was based on seven “hard hit” states, including three of the top four states in Covid death rate and five of the top ten. Two states in the analysis, New York and New Jersey, together account for over half of all U.S. active cases. This was thinly-veiled cherry picking by the Times, as Jacob Sullum notes in his discussion of what excess mortality does and doesn’t mean. Local and regional impacts of the virus have varied widely, depending on population density, international travel connections, cultural practices, the quality of medical care, and private and public reaction to news of the virus. To suggest that the experience in the rest of the country is likely to bear any similarity to these seven states is complete nonsense. Make no mistake: there have been excess deaths in the U.S. over the past few weeks of available data, but again, not of the magnitude the Times seems to intimate will be coming.

Beyond all that, the Times asserts that the CDC’s all-cause death count as of April 11 is a significant undercount, though the vast majority of deaths are counted within a three week time frame. In fact, CDC data at this link show that U.S. all-cause mortality was at a multi-year low during the first week of April. The author admits, however, that the most recent data is incomplete. The count will rise as reporting catches up, but even an allowance for the likely additions to come would leave the count for the U.S. well below the kinds of levels suggested by the Times‘s fear-mongering article, based as it was on the seven cherry-picked states.

The author of this Twitter thread, John Burn-Murdoch, seems to engage in the same practice with respect to Europe. He shows charts with excess deaths in 12 countries, almost all of which show significant, recent bumps in excess deaths (the sole exception being Denmark). Inexplicably, he excludes Germany and a number of other countries with low excess deaths or even “valleys” of negative excess deaths. His most recent update is a bit more inclusive, however. (It was the source of the chart at the top of this post.) Euromomo is a site that tracks excess mortality in 24 European countries or major regions (non-overlapping), and by my count, 13 of have no or very little excess mortality. And by the way, even this fails to account for a number of other Eastern European nations having low Covid deaths.

Excess mortality is a tricky metric: it cannot be measured with certainty, and almost any measure has conceptual shortcomings. In the case of Covid-19, excess mortality seeks to measure the number of deaths attributable to the virus net of deaths that would have occurred anyway in the absence of the virus. For example, abstracting from some of the details, suppose there are 360 deaths per hundred-thousand of population during the average month of a pandemic. If the “normal” mortality rate is 60 per hundred-thousand, then excess mortality is 300 per month. It can also be expressed as a percentage of the population (0.3% in the example). But that’s just one way to measure it.

In the spirit of Sullum’s article, it’s important to ask what we’re trying to learn from statistics on excess mortality. It’s easy to draw general conclusions if the number of Covid-19 deaths is far in excess of the normal death rate, but that depends on the quality of the data, and any conclusion is subject to limits on its applicability. Covid deaths are not that high in many places. By the same token, if the number of Covid deaths (defined narrowly) is below the normal death rate (measured by an average of prior years), it really conveys little information about whether excess mortality is positive of negative: that depends on the nature of the question. For each of the following I offer admittedly preliminary answers:

  • Are people dying from Covid-19? Of course, virtually everywhere. There is no “normal” death rate here. And while this is the most direct question, it might not be the “best” question.
  • Is Covid-19 causing an increase in respiratory deaths? Yes, in many places, but perhaps not everywhere. Here and below, the answer might depend on the time frame as well.
  • Is Covid-19 increasing deaths from infectious diseases (biological and viral)? Yes, but perhaps not everywhere.
  • Is Covid-19 increasing total deaths from natural causes? Yes, but not everywhere.
  • Is all-cause mortality increasing due to Covid-19? In some places, not others. Accurate global and national numbers are still a long way off.

All-cause mortality is the most “rough and ready” comparison we have, but it includes deaths that have no direct relationship to the disease. For example, traffic fatalities might be down significantly due to social distancing or regulation during a pandemic. Thus, if our purpose is purely epidemiological, traffic fatalities might bias excess mortality downward. On the other hand, delayed medical treatments or personal malaise during a pandemic might lead to higher deaths, creating an upward bias in excess deaths via comparisons based on all-cause mortality.

Do narrow comparisons give a more accurate picture? If we focus only on respiratory deaths then we exclude deaths from other causes and co-morbidities that would have occurred in the absence of the virus. That may create a bias in excess mortality. So narrow comparisons have their drawbacks, depending on our purpose.

That also goes for the length of time over which excess mortality is measured. It can make a big difference. Again, much has been made of the fact that so many victims of Covid-19 have been elderly or already ailing severely before the pandemic. There is no question that some of these deaths would have occurred anyway, which goes to the very point of calculating excess mortality. If the pandemic accelerates death by a matter of weeks or months for a certain percentage of victims, it is reasonable to measure excess mortality over a lengthier period of time, despite the (perhaps) highly valuable time lost by those victims (that being dependent on the decedent’s likely quality of life during the interval).

Conversely, too narrow a window in time can lead to biases that might run in either direction. Yet a cottage industry is busy calculating excess mortality even as we speak with the pandemic still underway. There are many fatalities to come that are excluded by premature calculations of excess mortality. On the other hand, if the peak in deaths is behind us, a narrow window and premature calculation may sharply exaggerate excess mortality.

Narrow measures of excess mortality are affected by the accuracy of cause-of-death statistics. There are always inaccuracies in this data because so many deaths involve multiple co-morbidities, so there is often an arbitrary element in these decisions. For Covid-19, cause-of-death attribution has been extremely problematic. Some cases are easy: those testing positive for the virus, or even its presence immediately after death, and having no other respiratory infections, can fairly be counted as Covid-19 deaths. But apparently just over half of Covid-19 deaths counted by the CDC are “Covid-Only” deaths. A significant share of deaths involve both Covid and the flu, pneumonia, or all three. There are also “probable” Covid-19 deaths now counted without testing. In fact, hospitals and nursing homes are being encouraged to code deaths that way, and there are often strong financial incentives to do so. Many deaths at home, sans autopsy, are now routinely classified as Covid-19 deaths. While I have no doubt there are many Covid deaths of untested individuals both inside or outside of hospitals, there is no question this practice will overcount Covid deaths. Whether you believe that or not, doubts about cause-of-death accuracy is another reason why narrow comparisons can be problematic.

More trustworthy estimates of the coronavirus’ excess mortality will be possible with the passage of time. It’s natural, in the heat of the pandemic, to ask about excess mortality, but such early estimates are subject to tremendous uncertainty. Unfortunately, those calculations are being leveraged and often mis-applied for political purposes. Don’t trust anyone who would use these statistics as a cudgel to deny your Constitutional rights, or otherwise to shame or threaten you.

New York’s Covid experience is not applicable to the country as a whole. Urban mortality statistics are not applicable to areas with lower population densities. Excess mortality for the elderly cannot be used to make broad generalizations about excess mortality for other age groups. And excess mortality at the peak of a pandemic cannot be used to make generalizations about the full course of the pandemic. In the end, I expect Covid-19 excess mortality to be positive, whether calculated by all-cause mortality or more narrow measures. However, it will not be uniform in its impact. Nor will it be of the magnitude we were warned to expect by the early epidemiological models.

Bernie Sanders and the Brutal Bros

24 Friday Jan 2020

Posted by Nuetzel in Collectivism, Leftism, Tyranny, Uncategorized

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Antifa, Barack Obama, Bernie Bros, Bernie Sanders, Black Lives Matter, Che Guevara, David Burge, Fidel Castro, Gulags, Hillary Clinton, Iowahawk, James Hodgekinson, John Hinderaker, Joseph Stalin, Leftism, Mao Zedong, Pol Pot, PowerLineblog.com, Project Veritas, Re-Education, Steve Scalise

Some of Bernie Sanders’ most devoted fans have an unfortunate brutalitarian streak. The violent strain of so-called Bernie Bros aren’t as isolated as one might hope. First, of course, there was James Hodgkinson, the BB who attempted to assassinate Republican members of Congress at a congressional baseball game practice, seriously injuring Rep. Steve Scalise. Now, campaign field organizers for Sanders in Iowa and South Carolina have been captured on film proposing gulags, re-education camps, sentencing billionaires to hard labor, and shooting or beheading those opposed to Sanders’ policies. And much more. And they say this in all seriousness. What nice people have been assigned positions of responsibility within the Sanders campaign organization! Watch it for yourself at the link above.

Should we be surprised? No: these are advocates of forced collectivism, and if their favorable perspective on coercive power wasn’t enough of a tip-off, recent history suggests that many among them are truly ready and willing to do violence. The brutal and murderous history of collectivist regimes the world over demonstrates the tendency well enough. Stalin, Mao, Pol Pot, Castro and too many other leftist tyrants left bodies strewn in their wake as they sought to enforce their ideology. It’s no coincidence that the American Left holds the murderous Che Guevara in such high esteem. Black Lives Matter and Antifa have both perpetrated violent acts, and members of the Leftist media have openly advocated physical attacks on their political opponents. And then we have these Bernie Bros.

I feel compelled to review a bit of background on Bernie Sanders, the batty old communist who has managed to convince large numbers of poorly educated “intellectuals” that he knows the path to utopia. The nicer ones imagine that he’s a man of the people, though he hasn’t worked a day in his life at anything except agitation and rent seeking. He is an inveterate public mooch. His life history as a politician and as a person is rather unflattering.

I’ve used this Iowahawk (David Burge) quote about Sanders before:

“Who better to get America back to work than a guy who was actually fired from a Vermont hippie commune for being too lazy.”

Apparently, Barack Obama is not a Bernie Bro:

“Obama has told people in private that Sanders is both temperamentally and politically unfit to beat Trump in the 2020 general election, these people say. Among his concerns are Sanders’ strident form of politics and confrontational manners where he was known not to seek compromise during his long years in the US senate.”

And say what you will about Hillary Clinton, but her opinion of Sanders comports with much of what we know about The Bern:

“He was in Congress for years. He had one senator support him. Nobody likes him, nobody wants to work with him, he got nothing done.”

At least the Bernie Bros have taken their masks off before getting too far. Give Leftists power and they all will.

The Leninists Among Us

29 Sunday Sep 2019

Posted by Nuetzel in Leftism, Marxism, Tyranny

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Bolshevik Revolution, Coercion, Dictatorship of the Proletariat, Gary Saul Morson, Glenn Reynolds, Identity Politics, Karl Marx, Leninthink, Redistribution, Social Justice, The New Criterion, Vladimir Lenin, Zero-Sum Economics, Zero-Sum Society

I suggested recently that the pursuit of zero-sum gains, and zero-sum thinking generally, is a form of social rot. How timely that Gary Saul Morson has offered this interesting essay on “Leninthink” in the October issue of The New Criterion. It validates my conviction that a zero-sum view of the world invites social brutalism and economic cannibalism. Vladimir Ilyich Ulyanov, better known as Vladimir Lenin, was of course the first premier of the Soviet Union after the Bolshevik Revolution in 1917. His philosophy was a practical derivative of Marxism, a real-world implementation of a “dictatorship of the proletariat“. Morson describes Lenin’s view of social relations thusly:

“Lenin regarded all interactions as zero-sum.To use the phrase he made famous, the fundamental question is always ‘Who Whom?’—who dominates whom, who does what to whom, ultimately who annihilates whom. To the extent that we gain, you lose. Contrast this view with the one taught in basic microeconomics: whenever there is a non-forced transaction, both sides benefit, or they would not make the exchange. For the seller, the money is worth more than the goods he sells, and for the buyer the goods are worth more than the money. Lenin’s hatred of the market, and his attempts to abolish it entirely during War Communism, derived from the opposite idea, that all buying and selling is necessarily exploitative. When Lenin speaks of ‘profiteering’ or ‘speculation’ (capital crimes), he is referring to every transaction, however small. Peasant ‘bagmen’ selling produce were shot.

Basic books on negotiation teach that you can often do better than split the difference, since people have different concerns. Both sides can come out ahead—but not for the Soviets, whose negotiating stance John F. Kennedy once paraphrased as: what’s mine is mine; and what’s yours is negotiable. For us, the word ‘politics’ means a process of give and take, but for Lenin it’s we take, and you give. From this it follows that one must take maximum advantage of one’s position. If the enemy is weak enough to be destroyed, and one stops simply at one’s initial demands, one is objectively helping the enemy, which makes one a traitor. Of course, one might simply be insane. Long before Brezhnev began incarcerating dissidents in madhouses, Lenin was so appalled that his foreign minister, Boris Chicherin, recommended an unnecessary concession to American loan negotiators, that he pronounced him mad—not metaphorically—and demanded he be forcibly committed. ‘We will be fools if we do not immediately and forcibly send him to a sanatorium.'”

The ruthlessness of Lenin’s mindset was manifested in his unwillingness to engage in rationalizations or even civil debate:

“Lenin’s language, no less than his ethics, served as a model, taught in Soviet schools and recommended in books with titles like Lenin’s Language and On Lenin’s Polemical Art. In Lenin’s view, a true revolutionary did not establish the correctness of his beliefs by appealing to evidence or logic, as if there were some standards of truthfulness above social classes. Rather, one engaged in ‘blackening an opponent’s mug so well it takes him ages to get it clean again.’ Nikolay Valentinov, a Bolshevik who knew Lenin well before becoming disillusioned, reports him saying: ‘There is only one answer to revisionism: smash its face in!’

When Mensheviks objected to Lenin’s personal attacks, he replied frankly that his purpose was not to convince but to destroy his opponent. In work after work, Lenin does not offer arguments refuting other Social Democrats but brands them as ‘renegades’ from Marxism. Marxists who disagreed with his naïve epistemology were ‘philosophic scum.’ Object to his brutality and your arguments are ‘moralizing vomit.’ You can see traces of this approach in the advice of Saul Alinsky—who cites Lenin—to ‘pick the target, freeze it, personalize it.'”

This offers a useful perspective on why it’s so difficult to have civil discussions with leftists today. They have inherited versions of Lenin’s polemic style. You’re more likely to be verbally attacked by the Left than to be engaged in a productive exchange of ideas, as I’m constantly reminded by observing the behavior of SJWs on social media. Leftist retribution is swift. Glenn Reynolds has mused, “As the old saying has it, the left looks for heretics and the right looks for converts, and both find what they’re looking for.” That might be too optimistic!

The richest source of zero-sum gains is through the levers of government, which possesses the necessary coercive power to achieve that aim. When coercive power is so ruthlessly exercised, the appearance of loyalty to those in power becomes paramount for survival. This can make it necessary to display an outward acceptance of fanciful claims:

“Lenin’s idea that coercion is not a last resort but the first principle of Party action. Changing human nature, producing boundless prosperity, overcoming death itself: all these miracles could be achieved because the Party was the first organization ever to pursue coercion without limits. In one treatise Stalin corrects the widespread notion that the laws of nature are not binding on Bolsheviks, and it is not hard to see how this kind of thinking took root. And, given an essentially mystical faith in coercion, it is not hard to see how imaginative forms of torture became routine in Soviet justice.

Dmitri Volkogonov, the first biographer with access to the secret Lenin archives, concluded that for Lenin violence was a goal in itself. He quotes Lenin in 1908 recommending ‘real, nationwide terror, which invigorates the country and through which the Great French Revolution achieved glory.'”

Morson provides this revealing quote from the madman Lenin himself:

“The kulak uprising in [your] 5 districts must be crushed without pity. . . . 1) Hang (and I mean hang so that the people can see) not less than 100 known kulaks, rich men, bloodsuckers. 2) Publish their names. 3) Take all their grain away from them. 4) Identify hostages . . . . Do this so that for hundreds of miles around the people can see, tremble, know and cry . . . . Yours, Lenin. P. S. Find tougher people.”

At least today the Lefties try to dox people first, rather than #2. The hanging might have to come later.

There is a real danger in encouraging such zero-sum notions as redistribution and class warfare. Even today’s preoccupation with identity politics is one of zero-sum emphasis. Furthermore, the concepts of mass victimization and social justice promote a delusion of righteousness, a necessary precondition to the kind of monstrous acts of a Lenin. Anyone truly interested in promoting an atmosphere of social cooperation should recognize the echos of Leninism we see today from Leftists on social media and in the streets. These tyrants must be resisted before we’re all on the wrong side of the ultimate zero sum outcome.

How Empowered Bleeding Hearts Do Harden

01 Friday Feb 2019

Posted by Nuetzel in Collectivism, Socialism, The Road To Serfdom, Tyranny

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Authoritarianism, Banality of Evil, Bleeding Hearts, Bryan Caplan, Collectivism, Confiscation, Free Markets, Hugo Chavez, Natural Rights, Social Democracy, Tyranny of the Majority, Venezuela

Here’s an empirical regularity: altruists attaining power to collectivize society’s productive machinery do not stay nice for long. In fact, aggressive pursuit of their goals might compel them to participate in brutal tyranny. But why? What happens to these sweet egalitarians who are, after all, imbued with the most earnest desire to elevate the common man by equalizing the fruits of society’s bounty?

Bryan Caplan offers Venezuela as Exhibit A in “A Short Hop from Bleeding Heart to Mailed Fist“:

“When Hugo Chavez began ruling Venezuela, he sounded like a classic bleeding-heart – full of pity for the poor and downtrodden. Plenty of people took him at his words – not just Venezuelans, but much of the international bleeding-heart community. … Almost every Communist dictatorship launches with mountains of humanitarian propaganda. Yet ultimately, almost everyone who doesn’t fear for his life wakes up and smells the tyranny.”

Venezuela’s collapse is merely the most recent in a long history of socialist debacles. Authoritarians certainly come in other stripes, but collectivists seem especially prone to the development of vicious alter-egos. But again, why?

Caplan knows the answer, and in something of a dialectical exercise, he proposes several explanations for the nice-to-nasty phenomenon. It’s not the infiltration of “bad guys”. Plenty of evidence suggests that the same people are at both ends of the transition, and for now let’s give the benefit of the doubt to the nicest elements of the avant guarde, or even those who go simply along on the basis of their idealism. It’s implausible that such humanitarian souls could believe it will be necessary, at the outset, to crush their opposition by force. Moreover, that approach risks immediate outcomes that are far too dire. Might an authoritarian or militaristic turn be necessary to deter hostile foreign actors who might attempt to foil collectivization? If so, it still doesn’t explain why subjugation of domestic citizens is ultimately accepted as a legitimate use of force by sincere altruists.

Caplan moves on to more compelling explanations of the disorder. Perhaps the expression of bleeding heart intentions is propaganda from the very start. Perhaps the rhetoric is really just hate speech disguised as noble intent. Surely those two explanations comport with the behavior of those having uglier motives for collectivism: envy and vengeance. And while those elements are certain to be active in any socialist front, they don’t explain why the bleeders also abecome beaters.

The best explanation for the horrid metamorphosis of empowered altruists is that egalitarian policies simply do not work very well. Caplan says:

“Bleeding-heart policies work so poorly that only the mailed fist can sustain them. In this story, the bleeding hearts are at least initially sincere. If their policies worked well enough to inspire broad support, the bleeding hearts would play nice. Unfortunately, bleeding-heart policies are exorbitantly expensive and often directly counter-productive. Pursued aggressively, they predictably lead to disaster. At this point, a saintly bleeding heart will admit error and back off. A pragmatic bleeding heart will compromise. The rest, however, respond to their own failures with rage and scapegoating. Once you institutionalize that rage and scapegoating, the mailed fist has arrived.” [Caplan’s emphasis]

The compulsory nature of policies advocated by leftists makes their system of social organization inherently unstable. With the imposition of every rule limiting the operation of private markets, with every compromise of the price mechanism, and with every new confiscatory policy, the economy becomes more feeble and inflexible. As several commenters on Caplan’s post note, socialists are people who simply do not understand economics.

The path to collectivism always involves promises that are impossible to keep. Personal concerns must be renounced in favor of the collective. Individuals are denied their freedom to act on creative impulses and their ability to cooperate freely with others in pursuit of personal well-being. Those are human rights that are quite unnatural to part with. That means it is impossible to achieve the collective without an implicit or explicit threat of enforcement through violent police power. Bleeding hearts will actually participate in the inevitable tyranny because they are so convinced of the righteousness of their cause.

Whether you call it socialism or social democracy makes no difference. The latter merely cloaks tyranny in a majoritarian dominance that would have enraged our nation’s founders. They understood the despotism inherent in allowing a majority to dictate the existence of basic rights. However, the bleeding hearts are always sure they know “what’s right” without weighing implications beyond the injustice du jour. That demands the application of force. And when confronted with the catastrophic results of their peremptory whimsy, they have no choice but to use still more force.

The banality of evil is truly a progressive disease. Fortunately, we have a preventive vaccine: the U.S. Constitution. But it will work only if we’re wise enough to rely on the framer’s original intent.

 

Socialism and Authoritarianism: Perfectly Complementary

19 Wednesday Sep 2018

Posted by Nuetzel in Socialism, Tyranny

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Adolf Hitler, Authoritarianism, Bernie Sanders, Bolshevism, Capitalism, Corporatism, Elizabeth Warren, fascism, German Reich, Marxism, National Socialism, Nazi Party, Paul Jossey, Socialism, The Federalist

The socialist left and the Marxist hard left both deny their authoritarian progenitors. Leftists are collectivists, many of whom subscribe to an explicit form of corporatism with the state having supreme power, whether as a permanent or transitional arrangement on the path to full state ownership of the means of production. Collectivism necessarily requires force and the abrogation of individual rights. At this link, corporatism, with its powerful and interventionist state, is aptly described as “de facto nationalization without being de jure nationalization” of industry. To the extent that private ownership is maintained (for the right people), it is separated from private control and is thus a taking. But the word corporatism itself is confusing to some: it is not capitalism by any means. It essentially means “to group”, and it is a form of social control by the state. (And by the way, it has nothing to do with the legal business definition of a corporation.)

Of course, leftists distance themselves from the brutality of many statist regimes by asserting that authoritarianism is exclusively a right-wing phenomenon, conveniently ignoring Stalin, Castro, Mao, Pol Pot, and other hard lefties too numerous to mention. In fact, leftists assert that fascism must be right-wing because it is corporatist and relies on the force of authority. But again, both corporatism and fascism are collectivist philosophies and historically have been promoted as such by their practitioners. Furthermore, these leftist denials fly in the face of the systemic tendency of large governments to stanch dissent. I made several of these points four years ago in “Labels For the Authoritarian Left“.

I find this link from The Federalist fascinating because the author, Paul Jossey, provides quotes of Hitler and others offering pretty conclusive proof that the Nazi high command was collectivist in the same vein as the leftists of today. Here are a few of Jossey’s observations:

“Hitler’s first ‘National Workers’ Party’ meeting while he was still an Army corporal featured the speech ‘How and by What Means is Capitalism to be Eliminated?’

The Nazi charter published a year later and coauthored by Hitler is socialist in almost every aspect. It calls for ‘equality of rights for the German people’; the subjugation of the individual to the state; breaking of ‘rent slavery’; ‘confiscation of war profits’; the nationalization of industry; profit-sharing in heavy industry; large-scale social security; the ‘communalization of the great warehouses and their being leased at low costs to small firms’; the ‘free expropriation of land for the purpose of public utility’; the abolition of ‘materialistic’ Roman Law; nationalizing education; nationalizing the army; state regulation of the press; and strong central power in the Reich.”

Are you feeling the Bern? Does any of this remind you of the “Nasty Woman”, Liz Warren? Here is more from Jossey:

“Hitler repeatedly praised Marx privately, stating he had ‘learned a great deal from Marxism.’ The trouble with the Weimar Republic, he said, was that its politicians ‘had never even read Marx.’ He also stated his differences with communists were that they were intellectual types passing out pamphlets, whereas ‘I have put into practice what these peddlers and pen pushers have timidly begun.’

It wasn’t just privately that Hitler’s fealty for Marx surfaced. In ‘Mein Kampf,’ he states that without his racial insights National Socialism ‘would really do nothing more than compete with Marxism on its own ground.’ Nor did Hitler eschew this sentiment once reaching power. As late as 1941, with the war in bloom, he stated ‘basically National Socialism and Marxism are the same’ in a speech published by the Royal Institute of International Affairs.

Nazi propaganda minister and resident intellectual Joseph Goebbels wrote in his diary that the Nazis would install ‘real socialism’ after Russia’s defeat in the East. And Hitler favorite Albert Speer, the Nazi armaments minister whose memoir became an international bestseller, wrote that Hitler viewed Joseph Stalin as a kindred spirit, ensuring his prisoner of war son received good treatment, and even talked of keeping Stalin in power in a puppet government after Germany’s eventual triumph.”

Some contend that the Nazis used the term “socialist” in a purely cynical way, and that they hoped to undermine support for “real socialists” by promising a particular (and perverse) vision of social justice to those loyal to the Reich and the German nation. After all, the Bolsheviks were political rivals who lacked Hitler’s nationalistic fervor. Hitler must have thought that his brand of “socialism” was better suited to his political aspirations, not to mention his expansionist visions. Those not loyal to the Reich, including Jews and other scapegoats, would become free slave labor to the regime and its loyal corporate cronies. (It’s striking that much of today’s Left, obviously excepting Bernie Sanders, seems to share the Nazis’ antipathy for Jews.)

Socialism, corporatism and fascism are close cousins and are overlapping forms of statism, and they are all authoritarian by their practical nature. It’s incredible to behold leftists as they deny that the National Socialists Workers Party practiced a brand of socialism. Perhaps the identification of the Nazis as a fascist regime has led to confusion regarding their true place along the ideological spectrum, but that too is puzzling. In their case, a supreme corporatist state enabled its most privileged advocates to exploit government power for private gain, and that’s the essence of fascism and the archetypical outcome of socialism.

Secession and Other Remedies for Intrastate Revolt

14 Monday May 2018

Posted by Nuetzel in Federalism, Regulation, Tyranny, Uncategorized

≈ Leave a comment

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Federal Supremacy, Federalism, Glenn Reynolds, Guarantee Clause, Representative Democracy, Republican Government, State Secession, Supremacy Clause

How many states will we have in the Union in twenty years? Probably 50, but there’s an outside chance that the number will be 55 plus. That could include a split of upstate New York from New York City, downstate Illinois from Chicagoland, eastern from western Washington State, eastern from western Oregon (or eastern Oregon combining with Idaho), and a division of California into as many as six states, as one proposal has it. There are secessionist movements alive in all of those states and it has happened before, as Glenn Reynolds notes in his recent paper “Splitsylvania: State Secession and What to Do About It“.

The origins of state boundaries and state governments were probably based on combinations of natural geographic features and confluent economic and political interests existing at the time. It would be surprising if those factors remained in static alignment over time, however. For various reasons, West Virginia seceded from Virginia many years ago, and Tennessee was once part of North Carolina. But to the extent that interests diverge within states, would a series of secessions promote better representative government? Reynolds’ approach to this question is fairly even-handed, though he apparently leans toward less disruptive solutions to the kinds of grievances voiced by secessionists.

Secession is a complex process; it obviously involves a major task in establishing a new state governmental apparatus. Also, legislative roadblocks to secession movements exist at both the state and federal levels. Nevertheless, there is great disaffection among rural interests in the states mentioned above for the policies they say are forced upon them by “urban elites”, as Reynolds calls them. At present, the secession of rural areas would tend to benefit republicans at the federal level, as two new Senate seats would be created to offset the seats held by democrats elected in more urban areas. Conceivably, however, the same process could work in reverse in other states, such as Texas. Even the proposal for six Californias seems designed to at least neutralize any possible negative impact on democrats in national politics.

Reynolds’ paper outline a few ways in which interests represented by legislative minorities, such as rural populations, could be better served without a step so drastic as secession. State regulation is often what rankles secessionists. To add fuel to the fire, states are free to adopt rules that are more strict than rules established under federal legislation, if they so choose, but never rules that are less strict. Today this applies to wages, working conditions, gun regulation, and environmental law. Reynolds suggests turning this on its head:

“The federal government’s legislative role has traditionally been the opposite: To use (as in the case of the 1964 Civil Rights Act) a national majority to ensure that local majorities can’t oppress local minorities. I thus suggest that federal laws regulating these key subject-matter areas be recast to pre-empt more restrictive state laws, meaning that urban regions would be unable to impose stricter laws on less- powerful rural areas. If this seems too inflexible, perhaps that pre-emption should in some cases be defeasible at the county level; if the government of a county affirmatively wants to accept stricter state regulations, then it may do so, but if not, then the federal regulations are a ceiling, as well as a floor.”

Reynolds contends that this approach would be relatively easy to defend against state challenges. The idea that federal rules provide minimum standards of regulation is only one interpretation of the Supremacy Clause of Article VI of the Constitution. There is no reason why federal legislation cannot be written in the way Reynolds describes. Moreover, Reynolds asserts that the Guarantee Clause of Article IV, which assures that mandates are to be established according to republican principles, could be used to buttress this argument. But he offers another remedy to curb secessionism among rural voters that states could exercise:

“There is nothing to stop a state from being mindful of the differences between urban and rural areas when crafting legislation or regulations, after all. States could adopt a local-option regulatory scheme relating to key subject areas on their own, and by doing so would lighten their footprint in rural areas and lessen the likelihood of festering resentments.”

Perhaps that’s hoping for too much. State majorities are unlikely to cede power to rural minorities, but it’s nice to imagine that sort of cooperation. There is no question that this sort of state regulatory approach would protect local interests from the tyranny of one-size-fits-all state regulation, but it wouldn’t eliminate the burdens created by the standard interpretation of federal supremacy.

In general, federal preemption of stricter state laws is no less consistent with the principles of federalism than federal pre-emption of more lenient state laws. One could even argue that the best way to apply federal supremacy depends on the issue, so there is some symmetry in Reynolds’ proposal. In terms of representative democracy, it is less an evil than federal preemption of less restrictive laws. It does what a democratic republic is supposed to do: protect minorities from the tyranny of a majority.

Secession from states is an intriguing possibility. Perhaps it is even the best approach in some cases. Nevertheless, Reynolds’ suggestions for revising federal and state regulatory approaches would be less costly and would avoid a nationwide race to subdivide states in order to gain a federal political advantage.

Post-Election Thoughts: The “Idiocracy”

11 Friday Nov 2016

Posted by Nuetzel in Free Speech, Liberty, Tyranny

≈ Leave a comment

Tags

Barack Obama, Carly Fiorina, Donald Trump, Hillary Clinton, Homophobia, Identity Politics, Misogyny, Peter Thiel, Political Correctness, racism, Robby Soave, Walter Williams

racism

I keep reading about “idiots” in my news feed, directed by angry supporters of Hillary Clinton at anyone who voted for Donald Trump. These crestfallen partisans do not appreciate an irony: their very arrogance and desire to proscribe the freedom of others to speak and act freely actually helped to coalesce Trump’s support. So smug are they in their beliefs and attitudes that they are able to render high-handed judgements as to whether certain beliefs are socially acceptable. That there are many dimensions to social problems is lost on this crowd: it’s all or nothing. You are an idiot, a racist, a misogynist, or a homophobe if you support free speech (because it might offend), private property (you are greedy), free markets (capitalist pig), law enforcement (racist), gun rights (violent), or if you hold attitudes that are “traditional” or religious. In fact, you are probably suspect if you are white, asian, or in any way successful: you are too privileged to understand the negative consequences of your privilege.

Here’s my disclaimer: I don’t particularly like Donald Trump and some of his antics. I strongly disagree with a few of his most prominent policy proposals. Nevertheless, I voted for him because Hillary Clinton is so obviously a devotee of centralized power and she is irredeemably crooked. I was repelled by the identity politics she celebrated, and I found a certain aspect of Donald Trump’s disregard for political correctness to be refreshing.

The fact is that many voters are sick and tired of the name-calling by the left, and of the proscriptive behavior it enables. I’m one of them. Robby Soave at Reason just wrote an excellent article on this point:

“The leftist drive to enforce a progressive social vision was relentless, and it happened too fast. I don’t say this because I’m opposed to that vision—like most members of the under-30 crowd, I have no problem with gender neutral pronouns—I say this because it inspired a backlash that gave us Trump….

There is a cost to depriving people of the freedom (in both the legal and social senses) to speak their mind. The presidency just went to the guy whose main qualification, according to his supporters, is that he isn’t afraid to speak his.“

In the wake of an election that didn’t go their way, the identity politickers are proving themselves to be petulant and vulgar creeps. They decry the Trump election as racist by placing entire demographics and regions into an “idiot” trick bag. They cry racism on counties in which the majority voted for Barack Obama in 2012, but flipped to Donald Trump in 2016.

But no one is shamed. I’d have loved it if Carly Fiorina had been nominated. I’d vote for Walter Williams if he ran for president. I have great respect for Peter Thiel but I don’t know whether I’d vote for him. I might. In the end, it’s usually about policies, and if your policy portfolio has an excessive basis in identity politics and political correctness, and if you are strident about it, don’t be surprised if you stir some resentment. The idiots just might be the ones shooting themselves in the foot.

Note: Yes, I’ve used that cartoon before. I like it!

Coerced Fairness: Wronging Every Right

14 Thursday Apr 2016

Posted by Nuetzel in Discrimination, Liberty, Tyranny

≈ 1 Comment

Tags

Andrew Bernstein, Constitutional rights, Dan Sanchez, discrimination, Economics of Discrimination, Freedom of Association, Freedom of Expression, Jeffrey Tucker, Jim Crow Laws, Ludwig von Mises, Property Rights, Public Accomodations, Right to Privacy, Unintended Consequences

 

image

A nurse says, “If I can bring myself to treat a patient tattooed with a swastika, then a baker can bake a cake for a gay wedding.” Of course, the statement ignores any differences in the values held by these individuals, their right to hold different values, or at least their right to act peacefully on those values. It makes an arbitrary presumption about what is “fair” and what is “unfair”, which is seldom well-defined when two parties hold sincere but conflicting beliefs. Yes, the baker can bake the cake, but should he be forced to do so under state compulsion? Coerced behavior is the product of aggression, but declining business for personal reasons is not an act of aggression, though the “safe-space” crowd would do its best to convince us otherwise. Sorry, hurt feelings don’t count!

Imposing the machinery of the state on private decisions about how and for whom one’s art must be practiced invites even more coercive action by the state going forward. Jeffrey Tucker addresses this in “Must a Jewish Baker Make a Nazi Cake?“, using the teachings of Ludwig von Mises on the implications of voluntary and coerced behavior.

Discrimination occurs in markets in many forms. Consumers discriminate between sellers and products based on quality, price, convenience and trust. In turn,  producers or sellers discriminate between workers based on skill, effort, wages and trust. They discriminate between local markets or areas of specialization based on profitability. They discriminate between buyers based upon ability and willingness to pay. All of these forms of discrimination are rational because they result in better value for the discriminating consumer or better profitability for the discriminating producer. In other words, these forms of discrimination align with economic self-interest.

Other forms of discrimination do not align strictly with economic self-interest, but they may be preferred by the individual based on other criteria. It’s probably not possible to justify these forms of discrimination from all perspectives. Some may be abhorrent to most observers, including me. Certainly more consensus exists on some than on others. Nevertheless, these non-economically motivated forms of discrimination are always costly to the discriminator. For example, a consumer who refuses to frequent certain establishments owned by members of an out-group will forego opportunities for more varied experiences. Also, she will tend to pay higher prices due to her lack of interest in the competitive effort made by the out-group. An employer who refuses to hire certain minorities faces a more limited labor pool. He is likely to face a higher wage bill and will get a less efficient mix of skills in his workers. A seller who discriminates against certain groups by turning them away foregoes revenue, and the action may have negative reputational consequences. Obviously, other competitors can profit from another seller’s discriminatory behavior. Almost by definition, markets impose penalties on discrimination not borne out of economic self-interest.

Anyone with doubts about the effectiveness of markets and capitalism to overcome this latter type of discrimination should look no further than the broadly integrated activity that occurs within markets every day, and at the extent to which markets have become more diverse over time. Here is a choice quote of Tucker:

“Commerce has a tendency to break down barriers, not create them. In fact, this is why Jim Crow laws came into existence, to interrupt the integrationist tendencies of the marketplace. Here is the hidden history of a range of government interventions, from zoning to labor laws to even the welfare state itself. The ruling class has always resented and resisted the market’s tendency to break down entrenched status and gradually erode tribal bias.

Indeed, commerce is the greatest fighter against bigotry and hate that humankind has ever seen. And it is precisely for this reason that a movement rooted in hate must necessarily turn to politics to get its way.“

The hypertext within the quote links to an excellent piece by Andrew Berstein on “Black Innovators and Entrepreneurs Under Capitalism”, which covers the sad history of efforts to use government to undermine black commercial success.

Social justice activists argue that the state has a compelling interest in ending all discrimination, but the courts have followed a circuitous path in thrashing out whether (and what parts of) the U.S. Constitution might protect individuals or groups against private discrimination. But my interest is in what happens when the state endeavors to end discrimination in markets that are otherwise self-regulating: the state infringes on other rights that are clearly and definitively enshrined in the Constitution, and it arrigates power to itself that far exceeds the limits defined there. It may compromise the freedom of association, the freedom of religion, the right to private property, and the right to privacy. I believe the government has a compelling interest in protecting those rights, which apply to all individuals. It is also worth noting the absence of a limiting principle in defining what counts as fairness or discrimination. The Left finds it easy to denigrate and dismiss these as selfish concerns, proving how little regard they have for individual liberty. Establishing government control over the extent of those rights represents the end of our Constitutional Republic and is a prescription for tyranny.

Consider the ways in which government often attempts or is asked to create accommodations for marginalized groups, through laws on hate speech, compulsory service, hiring quotas, admission quotas, lending fairness, pricing equity, wage laws, work rules, mandatory facilities and the forced transfer of income. Tucker argues that this complex web of resource manipulation and mandatory and proscribed behaviors has several “unintended” consequences. I already mentioned the obvious abridgment of freedoms. Another negative consequence is that this approach does not promote unity; it breeds resentment and is likely to end in greater disunity. Furthermore, self-sufficiency is undermined by policies that hamper economic growth, and all of the general measures just mentioned redound to the detriment of that objective. Finally, many of these “fairness” policies run directly counter to the interests of the marginalized, such as wage floors that eliminate employment opportunities for the least-skilled, and means testing that discourages labor market effort through income “cliff” incentives.

The most menacing aspect of the effort to stamp out all forms of discrimination is a state with power to impose its own rules of legal “fair” treatment. Tucker appeals to Mises’ views on this point:

“[Mises] said that a policy that forces people against their will creates the very conditions that lead to legal discrimination. In his view, even speaking as someone victimized by invidious discrimination, it is better to retain freedom than build a bureaucracy that overrides human choice. …

Sacrificing principle for the sake of marginalized groups is short-sighted. If you accept the infringement of human rights as an acceptable political weapon, that weapon will eventually be turned on the very people you want to help. As Dan Sanchez has written, ‘Authoritarian restriction is a game much better suited for the mighty than for the marginalized.’“

Proponents of legal, compensatory  handicapping by the state in favor of those pressing any and all grievances ask us to compromise basic constitutional rights, including the rights of association, free expression, privacy and private property. A corresponding effect is to grant the state more complete coercive power in almost every aspect of life. The unavoidable focus of such policies is not unity, but group identity, a divisive result that should give us pause. The power granted to the state in this context is as arbitrary as the currently fashionable definition of “fairness”, and it cannot be rolled back easily. Furthermore, economic vitality is not easy to restore once basic institutions and freedoms have been destroyed. This is evident from the sad history of socialism throughout the world. Ultimately, the coercive power granted to the state can be used in ways that should horrify today’s proponents of social and economic redress for every real or imagined inequity.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Addendum: Just over a year ago, I made a qualified defense of the right of a business to refuse service based on religious principles in my post “Suit Me, Or Face a Lawsuit: Adventures In Litigationland“. There, I made a distinction between “public accommodations” versus work for which a business-person must use her art, which is a form of expression, to provide customized service to a potential customer. I had the baker in mind, or the photographer asked to work a gay wedding. As I have in this post, I maintained that if a business-person finds some aspect of a request objectionable for any reason, she has the right to discriminate by refusing the business as a matter of freedom of expression.

I left a huge loose end in the argument I made in the earlier post. It had to do with the presumed requirement to serve all potential customers through the “public accommodations” of a private business. However, if the baker creates a beautiful “love cake” for sale to the general public, why can’t he refuse to sell it to a gay couple for their wedding as a matter of freedom of expression? After all, it involves the baker’s art. If a stationer has created an artful collection of cards for sale to the public, why can’t she refuse to sell them to a gay couple for their wedding invitations on account of her religious convictions? And what about the nurse? If he is in private practice, can’t he refuse to practice his art of healing on the “swastikaner” as a matter of free expression? I believe that’s a constitutional absolute, though professional oaths may dictate that care be delivered. An emergency room nurse would not have any choice but to deliver care under federal law, but it is not clear whether the law would withstand a constitutional challenge by a private hospital on these grounds. As things stand, the nurse can only refuse employment or resign if the rules are not to his liking.

 

 

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