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Identity-Inspired Hatred and Censorial Violence

21 Monday Aug 2017

Posted by pnoetx in Identity Politics, racism

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ACLU, Antifa, Black Lives Matter, Brendan O'Neill, Charlottesville, First Amendment, Free Speech, Hate Speech, Jeff Goldstein, KKK, Rob Dreher, Snopes, Social Justice Warriors, Unite the Right, White Nationalism, White Supremacy

I favor small government and individual liberty because I believe it confers benefits across the socioeconomic spectrum. But some would actually say that means I share responsibility for the appearance of a mob of white supremacists, Klansmen and Nazis in Charlottesville, VA. Not only that: I share responsibility for the very existence of those groups and any atrocities performed in their name! Even as I condemn them.

Here’s another strange thing: many of my old peacenik friends on the Left now believe that violence is an acceptable response to speech. Apparently not just abhorrent speech from white supremacists. They are willing to forgive, if not endorse, violence perpetrated in the name of “social justice”, whatever that concept’s currently fashionable expanse.

It’s also strange that these former champions of nonviolence now fail to distinguish between violence and speech they find offensive. It’s not just acceptable to confront racists. Whether or not it occurred this way in Charlottesville, it’s now acceptable to start a physical altercation with racists. And it’s worse than that: the “wrong” policy position on anything from immigration to public aid to the minimum wage may be characterized as violence (and racism), and that justifies violent opposition.

Many members of the so-called “Unite the Right” (UtR) coalition came to Charlottesville prepared for a fight. They engaged in racist hate speech (protected by the U.S. Constitution) and they were ready to provoke and threaten their enemies (not protected). Physical aggression can be prosecuted as assault, but racism itself cannot unless it motivates a crime. The young Ohio racist responsible for the death of the counter-protester is certain to be charged with a hate crime.

There are claims that the UtR racists arrived with better weapons for the occasion, including guns (open-carry is legal in VA), than the large crowd of counter-protestors. It’s a noteworthy blessing that not a single shot was fired.

Yes, we should all be eager to denounce the rhetoric of white supremacy, but the role of the leftist groups in the violence that took place in Charlottesville cannot be dismissed. The counter-protest coalition, which was organized over the weeks prior to the UtR demonstration, included Black Lives Matter (BLM) and Antifa, both groups responsible for a number of violent protests in recent memory (and see here). Snopes, the leftist “fact-checking” organization, claims that Antifa is not as violent as the so-called alt-right. If one confines “alt-right” to members of KKK, Neo-Nazi, skinhead, and white supremacist organizations, that might be right. Many members of these groups are undoubtedly dangerous even as individuals. The media, of course, defines alt-right much more broadly.

One can reasonably categorize Antifa and BLM as hate groups in their own right. For example, Antifa has advocated physical violence against Trump supporters, a group constituting almost half of the voting public. BLM marches have featured eliminationist rhetoric toward police: “Pigs in a blanket, fry ’em like bacon”, and “What do we want? Dead cops!” Furthermore, BLM supporters have not been shy about expressing racist views, and a few (aberrant?) BLM supporters have been charged in a number of recent police killings. Nevertheless, if not explicitly violent or threatening imminent violence, I support their right to speak freely.

Thankfully, white racist organizations today do not represent a significant number of Americans. For example, KKK membership ranged from 3 to 6 million during the first half of the 20th century, but today its numbers are estimated at less than 10,000. The other groups certainly make up some of the difference, but while the number of those organizations has grown recently, they tend to be smaller groups than in the past. In total and as a reflection of modern sentiments among caucasians, they are truly fringe, though you might not know it from media reports.

These groups are entitled to express their hateful views as long as it is speech, not violence or an threat of imminent violence. The leadership of the racists obtained a permit for their demonstration in Charlottesville only after the city was sued on their behalf by the ACLU, much to that organization’s credit. Again, like it or not, hate speech is protected by the U.S. Constitution, and that right must be defended. Nevertheless, the ACLU has been attacked for this principled stance. I think the ACLU would also agree that acceptance of violence in opposition to speech is more dangerous to freedom than the speech rights of the fringe racist population. It will not stop with opposition to racism. Instead, it will metastasize into violence in opposition to a broad range of rhetoric, including legitimate policy positions, and it already has.

Whatever you may think of the relative “merits” and demerits of the antagonists in Charlottesville, there is one fascinating similarity between them: both sides trade in victimhood and advocate statist solutions to the problems they perceive. Jeff Goldstein riffs on this point on Facebook:

“Antifa, BLM, CAIR, the New Black Panthers, La Raza, the Pussy Hatters, the KKK — these are all identity movements and all formed and animated by the kind of identity politics championed by the left… The alt-right is only ‘right wing’ in the continental sense. The American conservative is classically liberal, while the American progressive is Fabian socialist.

Don’t listen to labels; follow the assumptions made by each movement — the alt right, the prog left — and you’ll soon recognize that they are the same. This is tribalism, no more and no less. … You should reject this archaic collectivism from whatever group espouses it, because in the end it is simply anti-individualism dressed in mob attire to bolster cowardice and bigotry in numbers.“

Similar points are made by Brendan O’Neill:

Both [sides] are obsessed with race, SJWs demanding white shame, the alt-right responding with white pride. Both view everyday life and culture through a highly racialised filter. SJWs can’t even watch a movie without counting how many lines the black actor has in comparison with the white actor so that they can rush home and tumblr about the injustice of it all. Both have a seemingly boundless capacity for self-pity. Both are convinced they’re under siege, whether by patriarchy, transphobia and the Daily Mail (SJWs) or by pinkos and blacks (white nationalists). Both have a deep censorious strain. And both crave recognition of their victimhood and flattery of their feelings. This is really what they’re fighting over — not principles or visions but who should get the coveted title of the most hard-done-by identity. They’re auditioning for social pity.“

Finally, this piece, “The Curse of Identity Politics” by Rod Dreher, attributes the dysfunctions of white supremacy and violent social-justice advocacy to a failure of religious leaders and their followers to address inconvenient realities head-on. Some of his argument is persuasive, but a more interesting aspect of his essay relates to actions he believes inspire an awakening of racism and racist action. Here are a few of Dreher’s points:

“When the Left indulges in rhetoric that demonizes whites — especially white males — it summons the demons of white nationalism.

When the Left punishes white males who violate its own delicate speech taboos, while tolerating the same kind of rhetoric on its own side, it summons the demons of white nationalism.

When the Left attributes moral status, and moral goodness, to persons based on their race, their sex, their sexual orientation, or any such thing, it summons up the demons of white nationalism.

When the Left refuses to condemn the violent antifa protesters, and treats their behavior as no big deal, it summons the demons of white nationalism.“

These things summon not just racism and white nationalism. They also inflame a broader opposition to radical intervention from people of good faith. These people believe in the righteousness of neutral public policy with respect to race, faith, sexual preference, and other dimensions along which the Left demands both ex ante and ex post equality.

Anti-Gun Babes Up In Arms

17 Friday Jun 2016

Posted by pnoetx in Gun Control, Gun Rights

≈ 1 Comment

Tags

ACLU, Alexander Hamilton, Andrew Napolitano, Applied Economics, Assault Weapons, Background checks, Defensive Gun Uses, DGUs, Due Process, Eugene Volokh, Fully-Automatic Guns, Glenn Reynolds, Gun Blame, Gun-Free Zones, Individual Right to Bear Arms, James B. Jacobs, Killing Zones, Mass Shootings, Mizzou, Ninth Amendment, Ordinary Constitutional Law, Pink Pistols, Pulse Nightclub, Rolling Stone Magazine, Second Amendment, Semi-Automatic Guns, Soopermexican, Terror Watch List, Trey Gowdy, Unenumerated Rights, Well-Regulated Militia

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Passion for various forms of gun control was inflamed by the tragic murder of 49 patrons (with 53 injured) at the Pulse nightclub in Orlando, Florida in the early hours of last Sunday morning. A man with ties to radical Islam was the perpetrator, but that’s not convenient to the left’s narrative, so scapegoats for the massacre run the gamut from guns to transgender bathroom laws to Christian “intolerance”, as opposed to the intolerance of a bat-shit crazy Islamic extremist. The Soopermexican notes the following:

“It’s really amazing how liberals [sic] are finding a way to blame Christians for the actions of the Orlando terrorist, who was, 1) gay, 2) Muslim, 3) Democrat, and 4) racist. … But then that’s what they did that time when a crazed liberal gay activist tried to shoot up the Family Research Council. Remember that? He literally said he wanted to kill everyone and then ‘smear Chick-Fil-A in the victim’s faces.’“

In case there’s any misunderstanding, I include that quote NOT to denigrate gays, Muslims, or Democrats, but to emphasize the absurdity of blaming Christians for the Orlando shootings. To get a sense of the infectious silliness going around in leftist circles over the slaughter, read this account of a vigil for the Pulse victims held in Columbia, MO by several student organizations near the main campus of the University of Missouri, at which Latino activists scolded the gay activist crowd for being “too white” and for paying insufficient attention to racial issues. Of course, it’s true that many of the Orlando victims were Latino, but after all, the vigil was for them, too, not just the white victims.

The left despises private gun ownership, or perhaps private anything except for their own privileges. Gun-blame feels so compassionate to them, and in this case, it conveniently avoids any mention of the killer’s ethnicity and radical ideology. Agitators say that “assault weapons” must be banned, but they are generally unable to articulate a precise definition. More thorough background checks are another favorite “solution”, but that’s based on an article of faith that such checks would be effective. Without proof that background checks actually work, and there is none, it still seems like a good idea to the “do something” crowd. Then, there are those whose real agenda is to ban guns outright, despite the fact that gun bans are counterproductive and infringe on the rights of law-abiding citizens.

Most of those who wish to ban assault weapons think they are referring to guns that fire repeatedly when the trigger is pulled. In other words, they believe that assault weapons are fully automatic weapons. But fully automatic weapons have been banned in the U.S. since 1934! Semi-automatic weapons require the trigger to be pulled to fire each bullet but load the next bullet automatically. James B. Jacobs of the NYU School of Law gives a fairly detailed description of the distinction between so-called assault weapons and other firearms, which essentially comes down to appearance:

“‘Assault weapons’ are semiautomatic firearms designed to look like military rifles. They are not military rifles—sometimes called assault rifles24—such as the U.S. Army’s M-16 … that can be fired in automatic or semiautomatic mode, or Russia’s AK-47, Germany’s HK G36 assault rifle, and Belgium’s FN Fal assault rifle. In contrast to assault rifles, these semiautomatic look-alikes do not fire automatically. Functionally, they are identical to most other semiautomatics. … Practically all modern rifles, pistols, and shotguns are semiautomatics; non-semiautomatic long guns include bolt action, slide action, and breach loaders; non-semiautomatic pistols are called revolvers.“

Jacobs discusses the futility of a ban on assault weapons and offers accounts of some historical assault weapon bans that were ineffective. Those outcomes were due in part to the flimsy distinction between assault weapons and other guns, as well as the fact that assault weapons are used in a relatively small percentage of gun crimes and in few mass shootings (also see here). This is corroborated by a recent paper appearing in the journal Applied Economics in which the authors report:

“… common state and federal gun laws that outlaw assault weapons are unrelated to the likelihood of an assault weapon being used during a public shooting event. Moreover, results show that the use of assault weapons is not related to more victims or fatalities than other types of guns. However, the use of hand guns, shot guns and high-capacity magazines is directly related to the number of victims and fatalities in a public shooting event. Finally, the gunman’s reported mental illness is often associated with an increase in the number of victims and fatalities.“

Another contention made by ill-informed opponents of gun rights is that mass shootings are never stopped by citizens with guns. That is simply not true, but it is good propaganda because foiled shooting attempts tend to receive much less notice than actual mass shootings. This article by Eugene Volokh provides a list of confirmed incidents in which a mass shooting was averted by a citizen carrying a gun. This situation has its counterpart in the left’s denial that defensive gun uses (DGUs) occur more frequently than gun crimes. DGUs are difficult to count because they often go unreported and may not even require the firing of a shot.

Another mistake is the continued advocacy for “gun-free zones” (such as the Pulse nightclub) within which even guards are not allowed to carry firearms. Andrew Napolitano rightly labels these “killing zones”.

More stringent background checks are another favorite solution of gun-rights opponents. However, actual background checks have done nothing to stop the most vicious mass shootings that have occurred over the past few years. This is another testament to the naiveté of relying on government to protect you, in this case, a government information system. Sheldon Richman has explained the futility of background checks thusly:

“… people with criminal intent will find ways to buy guns that do not require a check. Proponents of background checks seem to think that a government decree will dry up the black market. But why would it? Sales will go on beyond the government’s ability to monitor them. Out of sight, out of government control. … Thus the case against mandating ‘universal’ background checks withstands scrutiny. This measure would not keep criminally minded people from acquiring guns, but it would give a false sense of security to the public by promising something they cannot deliver.“

Advocates of assault weapon bans and wider background checks are inclined to characterize gun rights supporters as paranoid. As Volokh explained last year, however, there is strong reason to believe that the pro-gun lobby has correctly assessed the motives among the opposition as more extreme. Volokh notes that an ineffectual ban, like the 1994-2004 assault weapon ban and many other gun bans internationally, cannot outweigh the interests of society in protecting a basic liberty.

And as to basic liberties, Rolling Stone offers a wonderful illustration of the left’s disregard for individual rights and constitutional protections in an angry missive to gun rights supporters: “4 Pro-Gun Arguments We’re Sick of Hearing“. The author not only holds the Second Amendment in distain: vogue left-think has it that the entire Constitution is tainted because the framers were unable to agree on abolition 230 years ago (at a time when slave ownership was commonplace among the aristocracy). The fact that many of the founders were sympathetic to abolition makes little difference to these critics. They say the Constitution is not a legitimate framework for governance, despite its extremely liberal point of view on issues of individual rights. Apparently,  Rolling Stone would be just fine with abrogating the free speech rights of gun advocates.

Over the past 20 years or so, case law has increasingly viewed the Second Amendment as “ordinary constitutional law“, meaning that it protects individuals’ right to bear arms. The “well-regulated militia” limitation written into the Second Amendment is no longer accepted by the courts and most legal scholars as a limitation on individual rights. The militias it references were state militias raised from the civilian population, and the armaments they used were generally owned by the same civilians. In any case, there is no time limitation imposed on gun ownership by the Second via that clause. An earlier discussion of these issues was provided by Eugene Volokh in “The Commonplace Second Amendment“.

All this is quite apart from the Ninth Amendment, which states that nothing in the Constitution should be interpreted as limiting rights that are unenumerated. That would include self-defense, and ownership of a gun for that purpose is well advised. The Wikipedia entry on the Ninth Amendment says:

“One of the arguments the Federalists gave against the addition of a Bill of Rights, during the debates about ratification of the Constitution, was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication. For example, in Federalist 84, Alexander Hamilton asked, ‘Why declare that things shall not be done which there is no power to do?’“

In other words, we do not derive our rights from government or the majoritarian passions of the moment.

Finally, the debate in Congress this week has centered on whether individuals on the FBI’s Terrorist Watch List should be denied the right to purchase a gun. That might seem like a no-brainier, but it raises legitimate concerns about civil liberties. There are about 700,000 people on that list (some reports put the number much higher), many of them U.S. citizens; some of them are there by mistake. Individuals on the list have not been convicted of a crime and are therefore entitled to due process under the Fifth and Fourteenth Amendments. Watch Rep. Trey Gowdy’s passionate defense of due process to a DHS official this past week. When the ACLU and congressional republicans agree on the tyrannical nature of a restriction like this, you just can’t dismiss it out-of-hand. Such a change in the law cannot be justified without a fast and effective process giving citizens on the list a right of challenge.

The left is bereft of competence on the matter of guns, gun rights and the Constitution generally. They consistently demonstrate a dismissive view of individual liberties, whether that involves guns, religion, property, speech or due process. The tragedy in Orlando deserves more than ill-informed, knee-jerk conclusions. The most productive approach to terror risks involves individuals able to protect themselves and help watch out for others. That’s consistent with the position of the gay gun-rights group Pink Pistols. More power to them!

 

 

 

Senate Dems Are 1st Amendment Flunkies

10 Wednesday Sep 2014

Posted by pnoetx in Uncategorized

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ACLU, Al Franken, Citizens United, First Amendment, Free Speech, Protected Speech

Free-Speech Or, perhaps they cynically wish to silence ideas they oppose. Or, perhaps they simply want to rig their own reelection. The attitude of the Left toward free speech has lapsed into an intolerance that is eagerly taken up by unthinking minions within their sphere of influence. It is a well-established and longstanding principle that the First Amendment protects speech conveyed by individuals or by associations of similarly-inclined individuals, such as churches, clubs, unions, businesses and trade groups. Protected speech can cover any topic, though unfortunate exceptions based on “public standards” of varying degrees of prudishness have certainly interfered with free-speech rights. Political and religious speech are arguably the ultimate forms of protected speech, as they are almost certainly the First Amendment’s raisons d’etre. Speech takes a variety of forms, but it is recognized as speech whether it is spoken, printed, acted, painted, sculpted, or filmed. Speech can be reproduced and distributed in many ways, and any restriction on its distribution has long been recognized as an abridgment of protected speech. (This topic has been discussed on this blog before in the context of FCC regulation.) But reproduction and distribution are costly activities. These facts explain why spending limits on political speech have been rejected by the courts. Yet the Left almost uniformly condemns the Supreme Court’s 2010 Citizens United decision, usually jeering mindless epithets about faceless corporations (though the faces they normally invoke belong to the Koch brothers, whose contributions are relatively minor compared to some of the biggest “faceless” spenders of the Left. The Left also turn a blind eye toward the Obama campaign’s illegal solicitation of foreign contributions. On Monday, Democrats on the Senate Judiciary Committee passed a resolution to amend the Constitution, essentially gutting the First Amendment. The proposed amendment pretends to protect “freedom of the press” by giving Congress authority over defining just who is part of the press! Well, how comforting is that sort of protection? Haha! Interestingly, while the public might be supportive of curbs on election spending in general, curbs that would apply to all candidates, they do not wish to see curbs on free speech. Both of the links above provide good background on free speech issues, the proposed constitutional amendment, and Citizens United. Al Franken apparently has a shallow understanding of free speech protections. To the great credit of a number of ACLU old-timers, the proposed amendment (and the debate over any contribution limits) has created a rift within the organization. The ACLU does not support the amendment, but its more hypocritically-inclined members are apparently unhappy with that position.

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