Screed-free!

Comparative Free Speech Law

While every liberal democracy in the world claims to guarantee free expression in some form, the United States is essentially the only country where the government may not “take sides” on contentious issues by censoring expression based on the speaker’s viewpoint. As the post-October 7 examples show, many European countries have indeed taken a side in the public discourse over the Israeli-Palestinian conflict—in a way that might surprise many American observers: calls for a ceasefire and an end to what they see as an Israel-perpetrated genocide are criminally prohibited hate speech, while support for continued attacks is constitutionally protected. This strange result illustrates the unintended consequences of allowing governments to pick and choose which beliefs are unlawful “hate speech” and which are fair criticism.

The notion—dominant the in most of the world—that hateful speech is not “free speech” dates at least to the global post-World War II reckoning with Nazism …

[H]ate speech is notoriously hard to define, and these systems often give wide latitude to officials to decide what these terms even mean and who should be prosecuted, discretion which officials often use in inconsistent and unpredictable ways.

How governments are responding to Israel-Gaza protests illustrates these radically diverging constitutional commitments to viewpoint neutrality. European national officials defended some of these pro-Palestinian restrictions primarily on public-order grounds more than stifling hate. But even so, the double standard implies that they view much of anti-Israeli speech as inherently anti-Semitic, and therefore, beyond the pale. This leads to a paradox, in which criticizing Muslims or Arabs as a group can constitute unlawful hate speech, but many expressions of support for Islamic-Arab groups are also prohibited, because of the threat that the government thinks those groups pose.

These examples offer a cautionary tale: When empowering the government to decide which beliefs are illegitimate, future policymakers may not use that power in ways you like or anticipate. They may even decide that your own viewpoints are the illegitimate ones—as with the song of South African anti-apartheid activists, “Shoot the Boer (i.e., white farmer)”; gender-critical feminists’ insistence that natal sex is critical to sexual orientation; and more recently, Palestinian advocates’ calls for a ceasefire and a “free Palestine.”

Scholars and activists celebrating new and stronger hate-speech laws might therefore consider Justice Hugo Black’s 1952 reaction to a (now largely discredited) decision upholding a conviction for disparaging Black Americans: “If there be minority groups who hail this [development] as their victory,” he wrote, they should contemplate Pyrrhus of Epirus’s observation: “Another such victory and I am undone.”

Kevin Cope, The Global Hate-Speech Conundrum via Eugene Volokh (bold added)

Too rich

We live in comforts that the richest of aristocrats not very long ago could never have dreamed of, and yet we claim that we are too poor to have more than a child or two. The truth is the reverse: we are too rich to have more than a child or two, too committed to work for work’s sake and to the purchase of prestige, mansions, the “best” schools, and toys for grown-ups.

Anthony M. Esolen, Out of the Ashes

Out with the old, in with … ummmm …indifference

In 1963, JFK signed the Community Mental Health Act. Its order to close the state psychiatric hospitals was followed, and hundreds were shuttered; the community mental health centers that were meant to replace them were never built …

In 1975, the Supreme Court’s O’Connor v. Donaldson decision established a national standard that the mentally ill could only be involuntarily treated if they represented an immediate threat to themselves or others. This completely removed actual medical necessity from the equation, and the standard directly incentivized hospitals to discharge very ill patients, many of whom leave these useless emergency room visits and immediately abuse drugs, self-harm, commit crimes, attack others, or commit suicide …

There are desperately ill, utterly impoverished, terribly vulnerable people living on the street right now. They are exactly the kind of people the left should fight for. But because we have become such a caricature of ourselves, we are incapable of acknowledging that some people really are fucked up, that some people really are dangerous, that some people really aren’t just different but are sick, ugly sick, violent sick, no-silver-lining sick. Not beautiful and poetic madness but drug addicted, horrifically paranoid, caked-in-shit sick. And what people like that need is to be forced into treatment to save their lives. But sunny, false notions that everyone muttering to themselves on the subway hides a sweet little self-actualized busy bee inside of them, and an impossibly myopic fixation on the abstract rights of people whose brains have hijacked their minds, has left us unable to provide the actual help the severely mentally ill need. I have found no way to penetrate the liberal consciousness on this issue. Because it’s conservatives, I guess, who complain about violence and disorder on the streets.

Freddie deBoer, We Closed the Institutions That Housed the Severely Mentally Ill and We Made It Dramatically Harder to Compel Them to Receive Car

Abortion politics

Even if I were still a single-issue (abortion) voter (I’m not; I’ve seen too many insane and/or phoney “pro-life” candidates), the GOP no longer make a compelling case on that issue.

Hamas Hyperbole, Media Credulity

In a May 6 report, the UN stated the death toll was 34,735, including 9,500 women and 14,500 children, or at least 24,000 civilians. 

But two days later, the UN quietly revised its figures, stating that 50 percent fewer civilians had died. The total number of deaths is about the same at 34,844, but that number includes 4,959 women and 7,797 children—a total of 12,756 civilians. (And this from the United Nations, whose General Assembly adopted 15 resolutions on Israel in 2023, compared to seven for the rest of the world combined.) 

This revision is the clearest sign yet that Hamas’s statistics cannot be trusted. As David Adesnik, senior fellow at the Foundation for the Defense of Democracies, says: “The UN should state clearly that it has lost confidence in sources whose credibility it has affirmed for months.”

Spencer says that even the revised UN figures probably overstate the death toll, because the numbers aren’t limited to people who were killed in the war. “The UN numbers include every death in Palestine no matter what the cause was,” Spencer told The Free Press. “Every natural death, missing person, anyone killed by Hamas.”

And yet, so far not a single major media platform, save Fox News, has reported on the new UN numbers.

Oliver Wiseman, Truth Should Not Be a Casualty of War

China bogeyman

On a Newsweek article skewering Viktor Orbán for his friendliness toward China:

China doesn’t give a damn what Hungary does with its borders, or with LGBT policy. That’s not to say that China doesn’t have and pursue its own interests. The Chinese are not altruists. It’s just that dealing with them, countries can preserve sovereignty in ways the West makes harder and harder to do.

Talk to African diplomats and lawmakers, and you’ll hear from them deep exasperation with the way Western countries constantly push feminist and LGBT ideology on them, as a condition of foreign aid. I invite you to spend just a little bit of time googling “LGBT”, “feminist” and “foreign policy”. Western institutions are as militantly evangelical about these ideologies as the Church was about religion in the Age of Discovery.

If your country wants and needs development aid, but wants to maintain cultural sovereignty, you’re going to look to China. To be very clear, Chinese support also has strings attached! But they are different strings. My point is simply that mindless cheerleaders for the Western establishment, like the Newsweek essayist, should make the effort to see what things look like to people outside the Greater American Empire.

Rod Dreher, ’4 Legs Good! 2 Legs Bad!’ Conservatism

Pre-emptive strike

Ron DeSantis bans cultivated meat in Florida because … reasons:

I’m not making this up. He Tweeted this graphic.

Strong People

Whenever I watch a Netflix show these days, it seems as if there are several themes that are yawningly predictable. One of them is the motif of the “strong woman.” (I’m not referring to the South Parkstrong woman.” That is a subject for another day.) 

I mean the way in which female characters must now almost always be shown to be people of unbelievable strength—including rather unbelievable physical strength. One reason the recent Amazon adaptation of J.R.R. Tolkien’s Lord of the Rings (called The Rings of Power) flopped is that it tried to push this motif at every turn. In one especially implausible scene, a “strong woman” fights off a whole horde of armor-clad men with her bare fists. We were meant to marvel at her strength. Most people reached for the off switch.

Douglas Murray

I didn’t make it past the first 15 minutes or so of The Rings of Power, but it took me 6 episodes to reach my limit on Apple TV’s Sugar, which ended with a similarly absurd show of superhuman strength.

Zero-sum

Maybe the prospective [wedding service] customers, like many Americans, do not see transcendent meaning in the ceremonial commencement of matrimony, because they associate a wedding as admittance to an institutional legal fiction that allows one access to nothing more than a cluster of political and social privileges not available to other friendships. So, given this understanding, it is not surprising that the customers see the provider’s refusal as a negative judgment on the public legitimacy of their union. Thus, it’s easy to see why the customers would be offended by the provider’s refusal and subsequently seek legal redress. But what the customers fail to see is that their demand that the courts force the providers to rescind their denial and be punished for it is really a demand that the state force the providers not to exercise their freedom of worship, the liberty not to participate in, or not provide assistance to, ceremonies that one believes have sacramental significance.

Robert P. George Amicus Brief in 303 Creative, quoted by Francis J. Beckwith in Taking Rites Seriously.

Anti-Trump screeds moved to my personal Journal

There were two screeds here. They’re gone now. You’re welcome.

Here’s the gist of the first.

The second is from his own mouth via The Guardian and the Morning Dispatch.


I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

You can read most of my more impromptu stuff here and here (both of them cathartic venting, especially political) and here (the only social medium I frequent, because people there are quirky, pleasant and real). All should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Midweek dump (3/28/24)

Culture

The most gruesome conversion therapy

Discussing the new free documentary Lost Boys: Searching for Manhood, about boys who apparently were pressured toward “transitioning”:

The irony hasn’t gone unnoted that while trans activists position themselves in the same stream as gay and lesbian activists, this gruesome “treatment” functions as the most extreme form of “conversion therapy,” more nightmarish by far than the silliest South Park caricature of a “pray the gay away” evangelical …

For Alex, insight has gradually dawned that his more sensitive interests in poetry and music simply made him “a romantic type.” They didn’t make him “effeminate” per se. Nor, he adds, did they make him “gay.”

Bethel McGrew, The Island of Lost Boys

The insight behind that second paragraph has haunted me ever since “gender confirmation surgery” became a public phenomenon.

“Is there no room left for tomboys and sissies?”, asks the old cisgendered white guy (who isn’t exactly an exemplar of all manly stereotypes)? Who decided that tomboys are really boys and that sissies are really girls?

Not my kind of guy

The Journalism Herd seems to have decided it’s time for a reprise of Christine Blasey Ford, which reminds me that my lightly-held position at the time of the Ford-Kavanaugh face-off was that Brett Kavanaugh might have done what she said (tried to remove her swimsuit, as I recall) because he was drunk on beer as was so usual for him and his pals at the time. (I also read a high-level hatchet-job on Ford that made a decent case that she was lying.)

I didn’t consider a drunken adolescent mistake reason enough to disqualify him for SCOTUS after many years of responsible adulthood. But I made a mental note that he’s not my kind of guy.

(Side note: Parents winking at teen boozing is a major reason we didn’t send our son to a Catholic High School, and why he won’t send our grandchildren there, either.)

American multiculturalists

The American multiculturalists similarly reject their country’s cultural heritage. Instead of attempting to identify the United States with another civilization, however, they wish to create a country of many civilizations, which is to say a country not belonging to any civilization and lacking a cultural core. History shows that no country so constituted can long endure as a coherent society. A multicivilizational United States will not be the United States; it will be the United Nations.

Samuel P. Huntington, The Clash of Civilizations and the Remaking of World Order

Restlessness

Where you come from is gone, where you thought you were going to never was there, and where you are is no good unless you can get away from it.

Flannery O’Connor, born on the Feast of Annunciation in 1925. Garrison Keillor has anecdotes.

Abroad

It’s barbaric — and it’s working

Before the war, Israelis estimated Hamas had dug around 100 miles of tunnels. Hamas leaders claimed they had a much more expansive network, and it turns out they were telling the truth. The current Israeli estimates range from 350 to about 500 miles of tunnels. The tunnel network, according to Israel, is where Hamas lives, holds hostages, stores weapons, builds missiles and moves from place to place … in this war, Hamas is often underground, the Israelis are often aboveground, and Hamas seeks to position civilians directly between them. As Barry Posen, a professor at the security studies program at M.I.T., has written, Hamas’s strategy could be “described as ‘human camouflage’ and more ruthlessly as ‘human ammunition.’” Hamas’s goal is to maximize the number of Palestinians who die and in that way build international pressure until Israel is forced to end the war before Hamas is wiped out. Hamas’s survival depends on support in the court of international opinion and on making this war as bloody as possible for civilians, until Israel relents.

David Brooks

Hate

When people say they want to ban hate speech, what they really mean is that they want to ban hate. And you may as well say that we should ban jealousy, or anger, or greed, or fear. Hate is an endemic part of the human experience and so hate speech always will be too, even after they implant behavior-modification chips in our brains. Ban all the words you like; people will find new ways to express hate.

Freddie deBoer, ‌You Can’t Censor Away Extremism. Scotland replies: Hold my beer.

Domestic Politics

Be it remembered …

In a court filing Tuesday, failed Arizona gubernatorial candidate Kari Lake chose not to contest allegations that she defamed Maricopa County Recorder Stephen Richer when she accused him of committing election fraud during the state’s 2022 elections. She had failed to file a response to Richer’s June lawsuit, which accused her of baselessly claiming Richer stuffed ballot boxes with fake ballots and intentionally made the ballot confusing for voters in an effort to “rig” the election. Lake has asked the court to convene a jury to decide the damages she owes Richer in the case.

The Morning Dispatch

Two from Thomas

Ban the Bland!

Newt Gingrich believed that the brand of politics Bob Michel practiced had contributed to House Republicans’ 40-year sojourn in the political desert. Gingrich decided to change this, starting with Republicans’ vocabulary and tactics. This proved effective, but at the cost of rising incivility and declining cooperation between the political parties. Once the use of terms such as “corruption,” “disgrace” and “traitor” becomes routine in Congress, the intense personal antipathy these words express is bound to trickle down to rank-and-file party identifiers.

Thomas B. Edsall, Lean Into It. Lean Into the Culture War

What’s the point of electing Republicans if they’re not barbarians?

On Nov. 5, North Carolina will determine whether a slate of Republican candidates who believe that the 2020 election was stolen, who dismiss Trump’s 91 felony charges and who are eager to be led by the most prodigious liar in the history of the presidency, can win in a battleground state.

Pope McCorkle, a Democratic consultant and professor at Duke’s Sanford School of Public Policy, argued in an email that the results of this year’s Republican primary election on March 5 demonstrate that “the North Carolina G.O.P. is now a MAGA party. With the gubernatorial nomination of Mark Robinson, the N.C. G.O.P. is clearly in the running for the most MAGA party in the nation.”

As they are elsewhere, MAGA leaders in North Carolina are confrontational.

In February 2018, Robinson, the first Black lieutenant governor of the state, described on Facebook his view of survivors of school shootings who then publicly call for gun control. They are “media prosti-tots” who suffer from “the liberal syndrome of rectal cranial inversion mixed with a healthy dose of just plain evil and stupid permeating your hallways.”

In a March 2018 posting on Facebook, Robinson declared: “This foolishness about Hitler disarming MILLIONS of Jews and then marching them off to concentration camps is a bunch of hogwash.”

In an October 2021 sermon in a North Carolina church, Robinson told parishioners, “There’s no reason anybody anywhere in America should be telling any child about transgenderism, homosexuality, any of that filth. And yes, I called it filth.”

There are many ways to express MAGA extremism.

On May 13, 2020, Michele Morrow, the Republican nominee for North Carolina Superintendent of Public Schools, responded on X (formerly Twitter) to a suggestion that Barack Obama be sent to the Guantánamo Bay detention camp on charges of treason. Morrow’s counterproposal?

I prefer a Pay Per View of him in front of the firing squad. I do not want to waste another dime on supporting his life. We could make some money back from televising his death.

In Morrow’s world, Obama would be unlikely to die alone. Morrow’s treason execution list, according to a report on CNN, includes North Carolina’s current governor, Roy Cooper, former New York governor, Andrew Cuomo, Representative Ilhan Omar, Hillary Clinton, Senator Chuck Schumer, Anthony Fauci, Bill Gates — and President Biden.

Thomas B. Edsall, One Purple State Is ‘Testing the Outer Limits of MAGAism’

  • [ ] Vulgar attacks? Check (“prosti-tots” and “rectal cranial inversion”)
  • [ ] Holocaust denial? Check
  • [ ] Crazed charges of “treason” with proposed mass public executions? Check

You know what North Carolina needs. It needs “bloodbath” of MAGA jackasses on November 5.

But truth told, I’m not sure that these freshly-minted MAGA/populist “Republicans” will care about a massive voter repudiation so long as meanwhile they performatively own the libs.

Explain this one away

Fuggedabout “bloodbath” blather:

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.” Those are Trump’s words, verbatim. He wasn’t talking about Chinese automotive imports.

Kevin D. Williamson, Giving Permission to Political Violence


So: where did all my mockery of Trump go?

I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

You can read most of my more impromptu stuff here and here (both of them cathartic venting, especially political) and here (the only social medium I frequent, because people there are quirky, pleasant and real). All should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Wednesday, 8/23/23

Culture

The collectivist-individualist dichotomy

The collectivist-individualist dichotomy is a clear example of the modern mind opposing ideas that are only in opposition once abstracted from reality. What is this collectivism? What is this individualism? I have never encountered a society that was not composed of individuals, and I have never met an individual who did not belong to a society. 

Take anyone you know, and try to imagine the pre-societal self that exists there free from all the social influences that have made him. If I try to imagine myself independent of where I was born, the family that brought me forth, the schools I attended, the language in which I think and speak, the books I’ve read, the friends I’ve made, I simply cannot do it, and if I were to achieve some imagining of such a pre-social self, it wouldn’t be me in any case.

So, what ought the conservative response to be in the face of people living in a way they find reprehensible, if it is not that of doubling-down on individualism? The true conservative response is: we live in a society, and there are some things we will accept and some things we will not, and where the line lies is worked out circumstantially by prudential deliberation and negotiation. We will tolerate certain behaviours which we dislike and be intolerant of others. But if you want to mutilate yourself, we will aim to prevent you from doing so, for we have to live in a community with you, and we think that such behaviour is impermissible in our community ….

Sebastian Morello, Libertarian ‘Conservatism’: A Trojan Horse

Countering the Zeitgeist

I don’t often recommend poetry, but Famous, by Naomi Shihab Nye, caught my ear in a podcast reading, and is notable in the context of Illich for its call to humbler ambitions.

Segregated sports

I had no idea that chess routinely holds separate men’s and women’s competitions, and that the women overall are objectively worse than men. See Frank Haviland, Chess: Checkmate for the Egalitarians for a fascinating and possibly illuminating treatment. I’m still scratching my head.

Striking

General Carrera Lake, Chile, via Prufrock

Legalia

Neutral laws of general applicability

Since Employment Division v. Smith in the early 1990s, we’ve been living under a constitutional regime which, viewed from a galloping horse, looks quite a bit less favorable than prior law for religious exemptions from some laws. So long as a law is neutral and generally applicable, one isn’t entitled to a religious exemption however strong one’s beliefs or weak the governmental interest in making the law.

But when you slow down and look closer, the concept of “neutral laws of general applicability” keeps tripping up rulemakers, as they keep creating loopholes for some but not for none. Sometimes, the loophole is as big as “we can make exceptions case-by-case.” In others, it’s gerrymandering the law to target a disfavored religious practice, as when Hialeah Florida tried to hobble the animal sacrifices of Santeria while permitting Kosher slaughter.

So I was gratified to see the religion-friendly ending to a case I’ve watched, on and off, since its 2017 beginning, Country Mill Farms, LLC. V. City of East Lansing, where the City of East Lansing excluded Country Mill Farms from its farmers market because it refused, at its own facility, to host same-sex weddings. Click the link for Euguene Volokh’s fuller description.

Politics

My Man Mitch strikes again

We’re mired in a hot-dog, look-at-me, dance-in-the-end-zone world. Success in public capacities seems reliant not on the quality of officeholders’ ideas or effectiveness, but on their cleverness and audacity in sound bites, tweeting and the other ‘performative’ arts.

Mitch Daniels in the Washington Post via TMD

“Vote fraud” was pre-baked into Trump’s cake

The most interesting act out of the 126 acts laid out in the indictment is the first one. It reads:

On or about the 4th day of November 2020, DONALD JOHN TRUMP made a nationally televised speech falsely declaring victory in the 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed a draft speech with unindicted co-conspirator Individual 1, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud. The speech was an overt act in furtherance of the conspiracy.

The most significant claim here is that Trump always planned to cry, “Fraud!” if he lost regardless of the evidence. This is not a shocking revelation, given that he has a long history of preemptively saying that the only way he might lose anything is if his opponents cheated or rigged the game.

Jonah Goldberg, Trump’s Unconstitutional Enterprise

The Truthiness of Trump

More generally, Trump’s voters hold him as a source of true information, even more so than other sources, including conservative media figures, religious leaders, and even their own friends and family.

(CBS News, Emphasis added). “True information”! Words have lost all meaning!


We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it. I’m even playing around a bit here, but uncertain whether I’ll persist.

Wednesday, 8/9/23

Dumbest idea of the week

Reading more poetry? That’s a great thing. Reading a book of poetry a day? That’s a 100% guarantee that you will get almost nothing from your reading. Better: Read one lyric poem a day, but read it five times.

Alan Jacobs

It is a marker of impending doom that anyone could start a movement like reading a book of poetry per day as a tool of self-improvement. I guess being able to Tweet that or post a Facebook brag now passes for self-improvement.

Frankly, poetry bored me when I was young. Now that I know better, any tutoring I got in how to read poetry is long forgotten.

I now read poetry amateurishly almost every day, but I rarely read more than three pages in a row unless a single poem is longer than that. (Currently reading my first Geoffrey Hill, by the way.)

Nominal state, parastate redux

Related to my Tuesday post on “The nominal state and the parastate” is an extremely long post by N.S. Lyons at The Upheaval on how the U.S. and China are traveling separate paths to the common end of managerial totalitarianism. (H/T Rod Dreher). Unherd published a much-shortened version on the 9th.

It always hits me extra hard when two thinkers I respect spend hours and hours and hours writing long, thoughtful pieces, in much different ways, about a situation I’ve paid little attention to. Such are N.S. Lyons today and Matthew Crawford yesterday (as I write).

We need a law against debanking for thought crimes, and a constitutional right to use cash rather than digital short-cuts. I say that as one who uses those shortcuts a lot. But frictionless efficiency isn’t worth the downsides.

Put on your big boy pants and live with it

Yeah, sometimes you have imposter syndrome. And sometimes you feel like an imposter because you actually do suck at what you’re trying to do. Sometimes she’s not a narcissist, she just doesn’t love you the way you want her to, and she never will. Sometimes you don’t have ADHD, you just hate your job. Sometimes your boss isn’t a sociopath, he’s just correctly identified you as unqualified for a leadership position. Sometimes you really do have schizophrenia, only there’s nothing glamorous or exciting or romantic about it, and now you’re fat from meds and trying to hold down a steady job and going to support group to drink grainy coffee and hear people tell the same stories over and over again. And sometimes you’re just in pain because the world didn’t turn out the way you wanted it to, and you’re trying to scratch out a life you can live with, and you get overwhelmed with your mundane unhappiness on the subway home from work, and you think to yourself that it must be true that your suffering is something grander, something that calls out for medical attention and reasonable accommodation, something more that makes it easier. But it isn’t and it doesn’t and there isn’t and you’re just another good, deserving human being filled with the pain of being alive. I’m sorry. I am genuinely so sorry. You wanted things, and you didn’t get them, and it hurts. You wanted to be something else, and you’re what you are, and it hurts. You thought life would be more than it is, and it isn’t, and it hurts. Me too. All of it hurts. So let it hurt.

Freddie deBoer, concluding what Alan Jacobs considers one of his best columns ever.

I re-read C.S. Lewis’ The Great Divorce yesterday, and I’m struck by how closely many of Lewis’s “ghosts” fit the assumptions of Freddie’s “therapeutic/affirmational mode.”

The pander bear comes to NR

Andrew C. McCarthy of National Review has now twice published bullshitty misrepresentations of the latest Trump federal indictment. So says Ken White, a/k/a Popehat. I’ve haD to take Popehat’s word for it because my NR subscription lapsed and they won’t let me view diddly-squat there now. But now Johah Goldberg is having him on The Remnant podcast, so I can hear from the horse’s mouth.

So why might McCarthy, a former federal prosecutor like White, be doing a bad thing that looks like carrying water for Trump? Per White:

He’s not pro-Trump. But he’s anti-anti-Trump. He’s anti-Biden, anti-the-Department-of-Justice-pursuing-Republicans, anti-”deep state”) (well sort of), anti any application of the rule of law that might benefit Democrats. Plus, he’s very pro-the National Review being kept alive and relevant. The National Review is under siege from a frothingly crazy pro-Trump right, and if it’s not entirely willing to join the crowd, it’s certainly willing to indulge in deceitful critiques of anyone criticizing Trump.

Every word of that rings true. (Be it noted that I didn’t drop NR the better to pursue “frothingly crazy pro-Trump right” stuff, but rather to exit a kaleidescope of mostly-mediocre writing with no theme except pandering a little bit to every kind of conservative they recognize.)

Anthropologists in flyover country

[Walter] Kirn, for different reasons, worked the … territory for Time, GQ, and Esquire. “Knowing that I had grown up in Minnesota and then moved to Montana, my editors decided I would be their American correspondent,” he says. “I kept being asked to do these stories, which I started to feel were setups, in which I was supposed to make the safari into deepest, darkest America and come back with tales of how bizarre and ridiculous people were. And often they were bizarre and ridiculous, but not for the reason my editors thought.” Now, he says, “I don’t have to be defensive anymore, and I can actually, probably with a good clear conscience, show how bizarre everything is because I don’t feel I’m being asked to.”

Ash Carter, David Samuels and Walter Kirn Talk “County Highway,” Their New Magazine

Slitting our throats with Occam’s Razor

It is no accident, says [Iain] McGilchrist, that the Reformation and the Scientific Revolution came along at more or less the same time. These are manifestations of a more disembodied, left-brain way of seeing the world. The entire modern history of Western culture—through the Enlightenment, the Industrial Revolution, and all that has followed—is what you get from an intellect that values quantity over quality, that knows the price of everything, but the value of nothing.

It is hard to summarize a book as complex as The Matter With Things, a book of popular science and cultural analysis that is intimidatingly long … The argument goes like this: the picture of reality taken as objectively true by the modern mind, under the tyranny of the left brain, is, in fact, seriously distorted—and is killing us. This is something we all feel.

… The book is a powerful refutation of ‘nothing-buttery’—of the idea that reality is nothing but the sum total of its parts. It contends brilliantly that Occam’s Razor—the claim that the simplest explanation of a phenomenon is probably the best one—is a cognitive tool with which the modern world is slitting its throat.

Rod Dreher, praising Dr. McGilchrist in the European Conservative

Wordplay

Democracy

Forgive my sarcasm, but it seems U.S. leaders just ignore the will of the people when they are so busy spreading democracy.

Hal Freeman, who I always take with a grain of salt, but who seems on-the-nose here about aspects of our involvement in Ukraine.

Augment

“These are not additional forces,” said Lt. Gen. Douglas Sims, the director of operations for the Joint Staff. “These are forces that will augment what we already have there.”

TMD

transitive verb
1: to make greater, more numerous, larger, or more intense
The impact of the report was augmented by its timing.
2: supplement
She took a second job to augment her income

(Merriam-Webster)

Beautiful minds

Dot-connectors and beautiful minds will use the deep state as a conceptual crutch to explain great national traumas.

Eli Lake, Hunter Biden and the ‘Deep State’.

I watched the movie A Beautiful Mind completely unaware of the plot arc, so it left a big impression when, shall we say, the plot turned. So “beautiful minds” strikes me as a great deprecatory coinage.

Jeremiah 5:19

Because you served foreign gods in your land, so you shall serve foreigners in a land not yours.

Jeremiah 5:19 (Orthodox Study Bible)

Luxury beliefs

I cannot help but feel grateful to Rob Henderson for his 2019 ’Luxury beliefs’ are latest status symbol for rich Americans.

Groomers

Rightwing commentators seem to have realized that they won’t have George Soros to demonize forever, so they’ve started grooming Bill Gates to take his place.

Political ethics

[The Dispatch is] one of the last few right-wing media outlets in America that doesn’t celebrate ruthlessness as a political ethic.

Nick Cattogio

Seeking continuity and stability

[M]an was not made to tread water endlessly in a liquid world.

R.R. Reno

On behalf of my Catholic friends, I object!

Out of the two dozen homesteaders I spoke with, most were religious—either Catholic or Christian ….

Home Is Where the Revolution Is | The Free Press.

Crooked

You shall love your crooked neighbor
With your crooked heart.

W.H. Auden

out of the crooked timber of humanity, no straight thing was ever made

Kant

Both quotes via L. M. Sacasas

Phubbing

Ignoring a partner in favor of your smartphone,

What Is ‘Phubbing,’ and How May It Hurt Your Relationship? – The New York Times

Peremalyvat

“To grind through”. The Russian verb is being invoked by forces on both sides of the war in Ukraine.

(Via The Economist)

Believing blue, living red

Yes, on a number of fronts Americans have more culturally progressive beliefs than they did, say, in 1990, yet by the tens of millions, they have more culturally conservative lifestyles than the generation before. It’s a phenomenon somewhat clumsily called “believing blue and living red.”

David French.

This clearly is related to the phenomenon of “luxury beliefs.”

Conspiracy shit beamed down from the mothership

… it’s tough to own any of this when it’s all just conspiracy shit beamed down from the mothership.

A Senior Trump Campaign Advisor explaining why they were 0-32 on court challenges of state presidential tallies. (Paragraph 25 of the August 1 indictment.)

Enormity

Before the 2020 Election, I thought Trump would leave the White House voluntarily if he lost. Anything else would be an enormity.

Caste privilege

History is a graveyard of classes which have preferred caste privileges to leadership.

Sociologist E. Digby Baltzell, writing decades ago, via David Brooks.


We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it. I’m even playing around a bit here, but uncertain whether I’ll persist.

May 31, 2023

303 Creative

Lorrie Smith of 303 Creative in Colorado would like to expand her website-design business to wedding websites, but she realizes that she’ll eventually get, and will decline for reasons of conscience, requests for same-sex wedding websites. Colorado antidiscrimination authorities say that’s a no-no. The case is before SCOTUS, awaiting a decision within a month or so.

Hurt Feelings, Conscience, and Freedom

Rick Plasterer, previously unknown to me, lays out some of the social history behind such cases (with an obvious bit of ax-grinding):

Faced with a court intent on protecting freedom of religion and speech, the Left has turned to the claim that civil rights law, and behind it, the Fourteenth Amendment, mandates pro-active government measures to remove social stigma. This is really a very blatant effort to gain what social conservatives have complained about for years, the claim of a right not to be offended.

[S]ome research proposes that younger LGBT cohorts seem to be more sensitive to perceived stigmatizing than the older LGBT population. Given the large “snowflake” population in colleges and universities, this is not surprising. As a researcher critical of the consequences of the sexual revolution, Regnerus said he experiences much day-to-day stigma, but has learned to deal with it. The LGBT identifying population can and does deal with it as well. But pro-LGBT stigma research tends to deny “agency on the part of persons. It esteems collective action while implying personal passivity and an externalized locus of control.”

But although the claim to “dignitary harm” might be newly raised with LGBT liberation, the claim that there cannot be fundamental differences in society about ultimate things is old. Quoting Jean Jacques Rosseau’s “The Social Contract,” (1762), George observed that “America is stalked by an ancient fear: The creeping suspicion that ‘[i]t is impossible to live with those whom we regard as damned.’”

Rick Plasterer, Hurt Feelings, Conscience, and Freedom – Part 1.

First Amendment protections

One of my heroes, Robert P. George of Princeton, has weighed in on behalf of 303 Creative via an amicus brief:

Although the rights to free speech and the free exercise of religion are distinct and thus receive separate protection under the First Amendment, they are often intertwined. “[M]uch . . . religious speech might be perceived as offensive to some,” because faithful adherence to a religious tradition implies the acceptance of certain claims about objective truth and the concomitant rejection of certain conduct as morally inconsistent with that truth.

… the Supreme Court has consistently affirmed that the First Amendment protects even profoundly offensive forms of expressive conduct. See, e. g., Snyder, 562 U.S., at 447 (First Amendment protects group that picketed a soldier’s funeral bearing signs indicating their belief “that God kills American soldiers as punishment” for national sins); Virginia v. Black, 583 U.S. 343, 347–348 (2003) (affirming the right of the Ku Klux Klan to burn crosses at rallies); Johnson, 491 U.S., at 420 (holding a “State’s interest in preserving the [American] flag as a symbol of nationhood and national unity” did not justify a man’s criminal conviction for engaging in protected political expression by burning it). Hence, when a speaker’s message is explicit—as unmistakable in expressive intent as a twenty-five-foot-tall burning cross, for instance, Black, 583 U.S., at 349—it is clearly protected by the First Amendment. But Colorado’s argument would deny protection to far milder forms of speech, such as an artist’s refusal to design a product that promotes a message to which she objects.

The Supreme Court has ruled that “the First Amendment protects flag burning, funeral protests, and Nazi parades.” McCutcheon v. FEC, 572 U.S. 185, 191 (2014). It would be an absurd jurisprudential result to rule that Ms. Smith could not, however, politely tell a couple that satisfying their request would conflict with her deeply held religious beliefs about marriage, and then direct them to a different service provider, without bringing the full force of Colorado law down upon herself.

Even if Ms. Smith’s refusal to provide website design services for same-sex ceremonies is deeply upsetting, her customers’ distress would still not justify coercion, because the dignity of both parties would be at stake. Ms. Smith could just as easily claim that Colorado’s attempt to commandeer her voice inflicts a “dignitary harm” upon her. By using its power to take from Ms. Smith the right to speak and disseminate her ideas in the public square, Colorado’s actions deprive Ms. Smith of “the right to use speech to strive to establish worth, standing, and respect” for her voice.

The First Amendment is a default setting against governmental restraints on speech that the State can overcome only with a compelling rationale. Allegations of “dignitary harm,” on their own, do not suffice, particularly when state action to remedy that “harm” only transfers the injury to a different party.

Robert P. George, Brief of Amicus Curiae in 303 Creative v. Elenis (bold added; link is to a PDF).

I added the boldface because the impossibility of avoiding dignitary harm to someone in situations like this is generally overlooked. Instead, Colorado has been deciding the cases based on an unspoken hierarchy of who’s cool and who’s not. Currently, sexual minorities are cool; Christians who believe that no real marriage is being solemnized when both parties are of the same sex (and that lament, not celebration, is in order) are not cool.

I’m pretty confident that SCOTUS is going to correct that, but it may contrive a narrow, niggling way to avoid hitting it head-on in Lorrie Smith’s case.

Other Legalia

Advice to aspiring law students

  1. Law school opens doors
  2. Law school will not turn a Beta into an Alpha
  3. Big student loan debt closes doors. Want to work for the Innocence Project, or Becket Fund or the like? Fuggedaboudit!
  4. Unless you are a lifetime, Alpha, and you can’t imagine life apart from running with the big dogs, don’t take on heavy student debt on the assumption that you’ll have an Alpha job and Alpha compensation.

Items 1 and 3 have been a mantra of mine for several years. Items 2 and 4 just came to me very recently.

Better Late Than Never

The Texas House voted overwhelmingly on Saturday to impeach the state’s Republican attorney general, Ken Paxton, over accusations of bribery, using his position to enrich himself and a campaign donor, and abuse of public trust. The vote immediately removed Paxton—in his third term as A.G.—from office, pending a trial in the state Senate, where a two-thirds majority of the 31 senators is needed to convict him. If convicted, he would be barred from ever holding office in Texas again. This is the first time since 1917 Texas has impeached a state-wide office-holder.

TMD

Clarence Thomas

If you subscribe, or are lucky enough not to hit the WSJ paywall, do read John C. Danforth, The Clarence Thomas Stories That PBS Refused to Tell

Sexualia

Trans kids

I like Andrew Sullivan’s take on trangenderism matters even better in distilled form:

A longtime reader quits the Dish:

Andrew, I cannot take your obsession with trans kids any longer. There are so many other issues you could be covering in your weekly essay: the debt ceiling, McCarthy’s tenuous leadership, China, baseball’s new rules, climate change, the Pope, and on and on. As the mother of a trans son who was miserable from age 8 on — and the friend of many other parents of trans kids who were miserable or even suicidal (one at age 6) — I cannot bear your ignorance and fear any longer. I will miss the VFYW and the contest.

I’m sorry you feel this way. As I said in the piece: “We should counter hostility and prejudice toward trans people. We should treat gay kids and kids with gender dysphoria with tenderness, care, and love.” But I confess I am obsessed when gay boys are having their heads filled with notions like “you are in the wrong body” if they are behaving like stereotypical girls, and when so many are irreversibly sterilized before they have even had a chance to grow up. Have you read Time to Think?

I’m also against crude bans on transing children. I’d prefer a European compromise whereby these medical experiments on children can continue — but only with carefully screened patients in rigorous clinical trials. But the American medical establishment refuses to acknowledge any concerns at all, and has recently abolished any lower age limit for transing children. They won’t even engage in debate.

I’m not entirely comfortable with Sullivan’s “European compromise,” because I think it is ontologically false that a female can be born in a male body or vice-versa.

But I’m not comfortable with categorical bans, either, because I recognize the reality of gender dysphoria (at levels a tiny fraction of what we’re currently seeing claimed) that in some cases is intractable and disabling. Social transitioning may give some of these unfortunate people adequate relief, but maybe not all of them. But it generally will not be until adulthood that “so intractable it needs medical intervention” becomes clear, and the social policy calculus changes with adults, doesn’t it?

If I’m wrong about that, the European compromise may be the best we’ve got in a screwed-up world.

Selective enforcement

Homosexual sex has been illegal in Uganda since the days of British colonial rule. No one’s been convicted under the statute since independence in 1962, but the rule provides license for routine repression …

TMD

This was essentially the US pattern in the 1960s as well.

It seems to me to be a principle all people of good will should support: there should be no criminal laws that are 99% unenforced, but get trotted out against people who get cross-wise with some prickly official.

Masculine virtues

In 2016, for example, the single most important intellectual work of the new right was an essay by Michael Anton entitled “The Flight 93 Election.” It began like this: “2016 is the Flight 93 election: Charge the cockpit or you die. You may die anyway. You — or the leader of your party — may make it into the cockpit and not know how to fly or land the plane. There are no guarantees. Except one: If you don’t try, death is certain.”

That’s right: The argument was that electing Hillary Clinton, a thoroughly establishment Democrat, would mean the end of America. It’s an argument that people never stopped making. In 2020, I debated the Christian author Eric Metaxas about whether Christians should support Donald Trump against Joe Biden. What did he argue? That Joe Biden could “genuinely destroy America forever.”

Catastrophic rhetoric is omnipresent on the right. Let’s go back to the “groomer” smear. It’s a hallmark of right-wing rhetoric that if you disagree with the new right on any matter relating to sex or sexuality, you’re not just wrong; you’re a “groomer” or “soft on pedos.” Did a senator vote to confirm Ketanji Brown Jackson for the Supreme Court? Then he’s “pro-pedophile.” Did you disagree with Florida’s H.B. 1557, which restricted instruction on sexuality and gender identity? Then “you are probably a groomer.”

But conservative catastrophism is only one part of the equation. The other is meanspirited pettiness. Traditional masculinity says that people should meet a challenge with a level head and firm convictions. Right-wing culture says that everything is an emergency, and is to be combated with relentless trolling and hyperbolic insults.

… And that brings us back to Mr. Hawley. For all of its faults when taken to excess, the traditional masculinity of which he claims to be a champion would demand that he stand firm against a howling mob. Rather, he saluted it with a raised fist — and then ran from it when it got too close and too unruly.

David French

Of course, we don’t need to pay attention to David French since he’s a particularly notorious groomer who has gone to work for the Devil.

Back to The Flight 93 Election. When it was very fresh, I read it and admired the Chuzpah of daring the right wing to live up to its catastrophism (about the end of America if Hillary was elected) by voting for Trump. I thought the author risked undermining the catastrophism rather than exploiting it — another in a long line of bets I’d have lost by overestimating the American electorate.

Selected dramatis personae

Losers

The characteristic feature of the loser is to bemoan, in general terms, mankind’s flaws, biases, contradictions, and irrationality-without exploiting them for fun and profit.

Nassim Nicholas Taleb, The Bed of Procrustes

Mind you, I’m not denying I’m a loser by this vivid definition.

Christianists

Professor [Rémi] Brague observed that even today many Europeans defend and fight for Christian morality because they see Christianity as a set of values rather than a religion. They are, as the professor noted,  Christianists. They uphold the religion’s moral framework but do not believe in Christ. This paradox leads to a major challenge: Christian values, culture, and civilization cannot be sustained if we are cut off from Christ and tradition as the source.

Zsófia Tóth-Bíró, Shaping Europe with Real Values (The European Conservative)

That strikes me as a pretty good use of the term “Christianist” (Lord knows we’ve got plenty of them in the US), and consistent, I think, of how I’ve generally used the term.

Brief foray into politics

Overloading narrative circuits

I would prefer Trump didn’t become President. But if he became president with 40+ percent of the Hispanic vote and 25+ percent of the black vote, it would be a great thing for the country, finally overloading the circuits of the “everything is white supremacy” machine.

Wesley Yang on an ABC News/WaPo poll showing that 27 percent of black Americans would “definitely or probably vote for Trump in 2024.” (Quoted by Andrew Sullivan)

I’m afraid Linker’s right

DeSantis says: Look at all these great policies I’ve enacted!

Trump says: I’ll kick the shit out of your enemies!

And Republican voters may just prefer the latter.

Trump is first and foremost the vehicle of a right-wing revenge fantasy. Everything else follows from that.

Damon Linker, The Rise of the Anti-Ideological Right


For all its piety and fervor, today’s United States needs to be recognized for what it really is: not a Christian country, but a nation of heretics.

Ross Douthat, Bad Religion

We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Thursday, 12/15/22

Politics

A foundation of liberal democracy

Liberal democracy requires some core attempt at least to understand the arguments of your opponents in order to rebut them. It requires a minimal level of fairness. Fox News is therefore part of the problem. But so are [John] Oliver and [Jon] Stewart. All start from tribal loyalty and then skew all the facts that back them up and erase all those that don’t. But the Oliver-Stewart disinformation campaigns are in some ways worse because they pretend to be honest observers, backed by “research,” and are still respected by elites. They are, in fact, Fox-style tribal propagandists — telling lies of omission and commission. If we want to rescue liberal democracy, we have to defeat this mentality, from whichever tribe it comes.

Andrew Sullivan, on alleged (I say alleged because I’ve essentially never watched either Stewart of Oliver) lies of the two comics about gender dysphoria in teenagers.

Conservatives, Reactionaries, Counter-revolutionaries

What makes someone a conservative? As the term implies, it describes a person who wants to conserve something about the present. It may not be the present as a whole but merely one embattled or enfeebled aspect of it that traces its roots back into the past. But whatever the case, the impulse is toward protecting something that exists so that it might persist and even thrive into the future. In that respect, conservatism isn’t a destructive impulse or even a reformist one. It wants to keep things in our world (or some specific things within that world) as they are.

In addition to differing from liberals, progressives, socialists, anarchists, communists, and others on the left, a conservative stands in sharp contrast to reactionaries situated further out on the right. A reactionary is someone who believes a specific and crucially important aspect of the world that traces its roots back into the past has already been corrupted or extinguished in our time through prior revolutionary change. The reactionary believes this precipitous decline requires a counter-revolutionary response.

I think it’s indisputably the case that there are far fewer conservatives on the American right today than there were 20 or 40 years ago, and far more reactionaries.

Damon Linker, Opening Our Eyes to the Right’s Rising Radicalism

This raised a question: what if one agrees with much or all of the reactionary diagnosis but by disposition, or pacifistic convictions, or raw distrust of the counter-revolution’s wannabe leaders, rejects the “counter-revolutionary response”? In other words, am I a conservative, a reactionary, or off that scale entirely?

Linker immediately takes a stab at an answer:

[R]eactionary impulses also come in a range of intensities. At the moderate end of the spectrum, there are aestheticized reactionaries who lament the loss of some element of culture and set about reviving it in how they dress or speak or in the habits they personally cultivate. This a lonely (and largely apolitical) kind of reactionary, fighting a mostly individual battle against the cultural tide.

That sounds like a good thesis for starting a discussion. But let’s continue it.

Tyler Cowan dissects the New Right — “from Curtis Yarvin to J.D. Vance to Adrian Vermeule to Sohrab Ahmari to Rod Dreher to Tucker Carlson” — very effectively.

Remembering that “dissects” is clinical, as opposed to “eviscerates,” you should read it carefully.

For me, the Amen! moments in Cowan’s piece were these:

I … do not see how the New Right stance avoids the risks from an extremely corrupt and self-seeking power elite. Let’s say the New Right description of the rottenness of elites were true – would we really solve that problem by electing more New Right-oriented individuals to government? Under a New Right worldview, there is all the more reason to be cynical about New Right leaders, no matter which ideological side they start on. If elites are so corrupt right now, the force corrupting elites are likely to be truly fundamental.

The point is that good or at least satisfactory elite performance is by no means entirely out of our reach. We then have to ask the question – which philosophy of governance is most likely to get us there next time around? I can see that some New Right ideas might contribute to useful reform, but it is not my number one wish to have New Right leaders firmly in charge or to have New Right ideology primary in our nation’s youth.

Finally, I worry about excess negativism in New Right thinking. Negative thoughts tend to breed further negative thoughts.

Think about the plausible New Right candidates for high office — Josh Hawley, Ted Cruz and possibly J.D. Vance in the not-too-distant future. You can add your own.

Then ask, “aren’t they disproportionately weathervane grifters?” Or, if you prefer, barnacles. Darn right they are. I trust them less than I trust “establishment” figures.

This doesn’t mean I find their critiques of liberal democracy meritless. Far from it. For that matter, I find Marx’s critiques spot-on quite often — but I don’t trust Marxists to rule us well, either.

The political eschaton remains non-imminent. That’s why I can largely buy the reactionary diagnosis while rejecting its prescription.

Bret Stevens and I do a Mind-Meld

To me, the choice these days between Republicans and Democrats is about as appealing as a dinner invitation from Hannibal Lecter: either you get your heart cut out or your brain removed, and both get served with a side of fava beans and a nice Chianti.

… the Republican Party is pretty much irredeemable, while the Democrats are … just not the team I’m ever going to bat for.

Meet Kyrsten Sinema, Former Democrat of Arizona – The New York Times

A Defense of Christianish Trumpism

Given the existential threat to Christianity in the U.S., I cannot understand how men like Dreher can fail to fall behind Trump. These parlour-room Christians seem more concerned about social graces and etiquette which are accorded a greater weighting than any other quality a man can have. Combined with their Christian Buddhism, they would rather suffer under an urbane tyrant than fight with a righteous braggart.

The Social Pathologist.

I do not agree with this (for several reasons, starting with its “existential threat” premise) but found it, then and now, an unusually plausible defense of Christianish Trumpism.

Edge case – is it is or is it ain’t politics?

In Richmond, Virginia,

Metzger Bar and Butchery recently canceled a conservative Christian group’s event reservation after staff members raised concerns about the group’s opposition to same-sex marriage and abortion rights, according to Virginia Business.

“Many of our staff are women and/or members of the LGBTQ+ community. All of our staff are people with rights who deserve dignity and a safe work environment. We respect our staff’s established rights as humans and strive to create a work environment where they can do their jobs with dignity, comfort and safety,” the restaurant said in an Instagram post.

The Christian group, called the Family Foundation, later addressed the incident in a blog post titled, “We’ve been canceled! Again.”

“Welcome to the double standard of the left, where some believe (a Christian baker) must be forced to create a wedding cake as part of the celebration of a same-sex ceremony but any business should be able to deny basic goods and services to those who hold biblical values around marriage,” wrote Victoria Cobb, president of the Family Foundation, in the post.

In the blog post, Cobb also accused Metzger Bar and Butchery of engaging in the same type of discrimination that plagued Black communities around 70 years ago.

Can a restaurant refuse service to conservative customers? – Deseret News

The restaurant:

  • dignity, comfort and safety
  • rights as humans
  • a safe work environment

The Christian group:

  • the same type of discrimination that plagued Black communities around 70 years ago
  • biblical values
  • double standard of the left
  • canceled

The tired tropes of Selma Envy.

Not Politics

Onion readers react to Britney Griner’s release

  • Since they made her miss a whole season in the WNBA, Russia should really owe her $19 in lost wages as well.
  • Hopefully now she has learned her lesson about murdering people, or whatever crime of that magnitude she must have committed to be handed such a harsh sentence.

Americans React To Brittney Griner Returning Home From Russia

The entire earth is alive

When education only consists of what can be coded into written words and numbers, then we are at the apogee of left hemisphere processing and are indeed behaving somewhat like machines. But if a tool, let’s say a bass guitar, is used by the hands and heart until the point of becoming alive to us, has not real magic happened? Is not the inert reenchanted, and revivified? What happens to the musician which we overlook here in modernity, is a thing Dougald mentions regularly – that his Indigenous friends find so hard to tell him that we’re missing – because there are no words for it. It is how the water is for the fishes. The entire earth is alive, and everything in it.

Caroline Ross, The Now Time of the Hand

I’m unaware of any pernicious habit that shapes me more than dwelling in abstractions of things that “can be coded into words and numbers.”

Personality-driven hate-totem non-stories

Funny thing about the news: There is lots of it, which makes you wonder why so much so-called journalism in our time consists of tired political hacks trying to work up a good lather of outrage—I have seen 50-year-old men type "OMG" unironically—over whatever the personality-driven hate-totem non-story of the day is.

… There are basically two business models in modern digital journalism, those being 1.) the bigger-is-better mass-eyeball-commodification model, which works the magic of turning "You won’t believe!" clickbait headlines into erection-pill ad revenue, and 2.) subscriptions. We chose subscriptions here because the subscription-based model is a license to do good, interesting, honest, independent, original work. The nice thing about the subscription model is, we don’t need 40 million daily pageviews to make a buck. Our theory is that we can write smart stuff for smart people and make a decent profit doing so. I don’t expect Steve Hayes to end up in some future version of the Pandora Papers like that Pornhub guy, because there’s really only one business model that produces that kind of traffic, and it isn’t ours. But, as some of the media outlets that we do not wish to imitate have discovered, porn isn’t the only way to appeal to the baser instincts—there’s rage and hatred and titillation and mood-affiliation and bias-confirmation and a bunch of other stuff that may be good for something but that isn’t a part of good journalism.

Kevin D. Williamson, in an email promoting The Dispatch.

The Dispatch is definitely worth a try. It’s (mostly? I don’t know about their young hires) conservatives playing the news straight and commenting from the non-tribal center-right.

Some conservative corrolaries

… a certain skepticism is always appropriate when someone’s proposed system doesn’t have many existing models and the world as we know it tends the other way.

… a movement with utopian ambitions needs a recognition that it’s seeking a genuinely different society as well as a different set of laws.

Ross Douthat, Does American Society Need Abortion?

Today’s Chuckle


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

To believe that wealth is the only significant measure of the worth of an individual, a family, or a community is to reject the teaching of nearly every religion and wisdom tradition that ever was.

Mark Mitchell and Nathan Schlueter, The Humane Vision of Wendell Berry

The Orthodox "phronema" [roughly, mind-set] cannot be programmitized or reduced to shibboleths.

Fr. Jonathan Tobias

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Monday, 8/28/22

Student Loan Forgiveness

Student Loan Forgiveness 1

The bigger problem with student debt cancellation, however, is that it’s an ad-hoc, one-off move that does absolutely nothing to fix the deep pathologies in the way America financed undergraduate education. Matt Yglesias was exactly right to ask [on Twitter] what happens on the morning after the debt cancellation:

What is the plan for the day after universal debt cancellation when masters programs raise tuition and tell prospective students not to worry about it because the debt will be cancelled down the road?

But this perverse incentive, which economists call moral hazard, will only exacerbate an underlying problem. For decades, our strategy has been to limit the supply of available college seats while using subsidized loans to pump up the demand for those limited spots.

So we need to ask ourselves why we’re merely applying an expensive band-aid instead of addressing the deeper issue — and why we’re still so enamored of the idea of hurling big wads of cash at already-overpriced service industries.

Noah Smith, America is not fixing its college financing system (H/T The Morning Dispatch)

Student Loan Forgiveness 2

We were propagandized my entire high school simply to go to college, and we were promised if we did we would make more money and have a better life (“College graduates make 1 million dollars more than those who only graduate from high school!”). We received no guidance about which colleges to go to, how much money to take out, what to major in if we wanted return-on-investment, etc. Every guidance counselor told us this; every hallway had a poster proclaiming this; every teacher drilled it into us; from ages 13-18.

And we listened to them. And then we (as a generation) found out we’d have the equivalent of mortgages to pay off before we could get a real house and also that Boomers were not retiring so we couldn’t get jobs.

To put the question simply: In sussing out responsibility for the choice to take on debt, I don’t think “was someone holding a gun to your head when you took out the loan?” is the right question. I think something closer to “when you took out this loan—almost certainly while still a teenager or in your extremely early 20s—did anyone help you understand what you were doing and what the real ramifications of this choice would be?” In most cases, I think the answer is “not really.” Does it follow, therefore, that all the loan must be forgiven? Perhaps not. But at the very least we need to reckon with agency in a serious, thoughtful way and not in the simplistic terms being put forward by many commentators.

Jake Meador, Two Bad Reasons to Oppose Loan Debt Forgiveness and Two Better Ones

No comment

Harvard Law School professor Laurence Tribe made the economic realities inadvertently stark when he tweeted on the day of Biden’s [student loan forgiveness] announcement, “Good news for thousands of my former students. I’m grateful on their behalf, Mr. President.”

David French, Is There a Christian Case for Biden’s Debt Relief Plan?.

Yes, I relented on my intention to pay no more heed to French on the intersection of politics and religion. And, yes, the wisdom of that resolve was confirmed; IMHO, French shed no real religious light on his stated topic.

Rank politics

The Rarest Thing in Politics

Like my friend, I disagree with Liz Cheney’s political positions.

But there is something about her.

As much as I disagree with her, I trust her.

Why? Because she has demonstrated a quality that is so rare in American politics today — perhaps, also, in American life — that we cannot help but find that quality to be attractive.

Liz Cheney has integrity.

When I see Liz Cheney, I feel that I am in the presence of an American patriot. True, I disagree with her. But I know we would have a respectful conversation. Like I said, I trust her.

Liz Cheney makes me think of one of the later verses of “America the Beautiful” — the ones that we rarely sing, but which I think are among the finest lyrics to ever appear in a patriotic song.

O beautiful for heroes proved
In liberating strife,
Who more than self their country loved
And mercy more than life

The verse might have been referring to American heroes who proved themselves in military battle. They loved their country more than they loved their own lives. That is the meaning of sacrifice.

Liz Cheney exemplifies those words as well. When she led a principled fight against Donald Trump, she knew she was sacrificing her run for reelection. “Nevertheless, she persisted.”

Jeffrey Salkin, It’s Cheney-mania!

Whatever happened to the Emerging Democratic Majority?

We didn’t anticipate the extent to which cultural liberalism might segue into cultural radicalism and the extent to which that view, particularly as driven by younger cohorts, would wind up imprinting itself on the entire infrastructure in and around the Democratic Party—the advocacy groups, the foundations, academia of course, certainly the lower and middle levels of the Democratic Party infrastructure itself.

Ruy Teixara, interviewed by the Wall Street Journal, on why his Emerging Democratic Majority hasn’t emerged.

A Real Problem for Republicans

The main thing holding the GOP back from a complete takeover? The Daily Beast’s Matt Lewis is surely onto something when he notes that the Party of Lincoln, in its Trumpified version, has a fondness for nominating “idiots” to run for office.

Indeed, as Nellie [Bowles] noted only last week, there isn’t enough cocaine in the world to keep Mitch McConnell and voters everywhere from recognizing that “candidate quality” is a real problem for Republicans. They tend to nominate people with absolutely zero experience even running for office, much less holding it. The results aren’t just Dr. Oz alienating Pennsylvania voters by suggesting that John Fetterman brought about his own stroke, but Georgia’s favorite son, Herschel Walker, yammering on about too many trees while being unable to accurately count his own children. 

Hillbilly Elegy author J.D. Vance managed to win his primary in Ohio with just 32 percent of the vote but rarely goes a week without some sort of gaffe, such as suggesting that women should stay in violent marriages.

Nick Gillespie

Democrats nominate an occasional loose cannon, but I wouldn’t be all that keen on eliminating party primaries were I a Democrat: the Republican base keeps delivering candidates that a relatively easy to beat.

Russia 2016, USA 2022

A report published this week by Graphika and the Stanford Internet Observatory indicated that Twitter and Meta, for the first time, recently removed a set of fake accounts from their respective platforms for “using deceptive tactics to promote pro-Western narratives in the Middle East and Central Asia.” The influence campaign had reportedly been active for years, promoting the interests of the United States and its allies, spreading anti-extremism messaging, and opposing countries like Russia, China, and Iran. Neither tech platform directly attributed the activity to the U.S. government, but the U.S. and United Kingdom were listed as the “presumptive” countries of origin.

The Morning Dispatch.

Could you remind me again how evil Russia is for trying surreptitiously to influence things like our 2016 election?

Just because it’s a fun simile

We remember Bill Clinton’s sex scandals and not Hillary Clinton’s almost-certainly criminal cattle-futures shenanigans because most people know what sex is and understand that you’re not supposed to cheat on your spouse, but trying to explain futures trading to the typical voter is like trying to get a dachshund to bark in terza rima — they just aren’t equipped. But people naturally get hypocrisy, or at least a dumbed-down version of it.

Kevin D. Williamson, Hypocrisy for Dummies

Culture

Whence cancel culture?

I had to drive a couple of hours yesterday, and I heard on a podcast a sober but startling theory I really need to pass along.

Roughly one-third (I believe he said) of college graduates are supporting themselves through jobs that require no more than a high-school education because there are not enough jobs in “the managerial class” for which they’ve been groomed. We are college-educating more people than the market requires. So the competition for managerial class jobs is fierce.

Whence cancel culture. If you can pick off a superior with a grainy home movie of him in blackface decades ago, you might just move up the ladder — assuming you’re on the ladder. If you’re not on the ladder but want on, picking off a peer by exposing a tasteless Tweet just might eliminate her from consideration.

The dynamics of the New York Times staff as described by escapees seems to fit this theory “to a T.” Restless youngsters have knocked off a number of their bosses, older colleagues and peers.

So cancel culture is (just?) the war of all against all in modern garb.

Do the math

It’s not difficult to see what’s going on here: oil companies haven’t invested in new and better domestic refineries because they know that, even in this hour of essentially free money, their profit margins are shrinking and there aren’t 30 years of crude in the ground to pay off 30-year mortgages on new refineries. The oil companies are in a “sunset industry” and they know it.

James Howard Kunstler, Adapt or Die: Kunstler’s Guide to Living in the Long Emergency.

I like the epigram to this article, too:

It is broadly true that political writing is bad writing. Where it is not true, it will generally be found that a writer is some kind of rebel, expressing his private opinions and not a “party line.”

—George Orwell, “Politics and the English Language”

Maggots doing what comes naturally

A sprawling campus, part of the University …, covers their eastern reaches. The waters are channelled into generic, forgettable pools fringed with generic, forgettable buildings. It is, of course, the modern kind of forgettable architecture. Every chunk of grey and glass has its own unique variation on the shape of a shoebox. The innovations are of the type that everyone in the world has seen so much of that only those paid to do so can even pretend to care anymore.

In this, the University … is no better or worse than every other university. They have all spread their aggressively mediocre buildings across the cities and towns: shiny lumps of architectural conformity that advertise the shallowness, greed, and transience of the institutions to the whole world. We should be thankful for them. They physically represent the death of the modern university’s soul, and so make it obvious. Now a university is just a machine for uprooting humanity. It takes the young from home but gives then no adult responsibilities, drops them into a society of other uprooted youth, habituates them to the mentality of the virtual class, and leaves them drifting in debt and doubt.

At this point, some readers may hope I will criticise the ‘woke’. I will not. A worm digesting a living human being is a problem. A worm digesting a corpse is just the natural order of things. The universities are corpses and fashionable ideologies are maggots.

A terrible decision killed the universities. History, always Sphinx-like, showed them three good things, but only let them keep two. The one that they left on the table was the one that they should have treasured. Without it, their wyrd was written. The three gifts history offered were called ‘important’, ‘new’, and ‘true’.

FFatalism, Academic landscapes.

More: An earnest young postgraduate once told me that texts have no meaning. I said I didn’t know what he meant. He tried to explain it to me again. I’m not sure why. He must have thought that he was saying something.

Quintessentially Legal and Quite Mad

Arkansas banned healthcare professionals providing gender transition procedures to anyone under 18. A Federal District (trial) Court and Circuit (appellate) court have both now held that the law violates the Equal Protection Clause:

[U]nder the Act, medical procedures that are permitted for a minor of one sex are prohibited for a minor of another sex. A minor born as a male may be prescribed testosterone or have breast tissue surgically removed, for example, but a minor born as a female is not permitted to seek the same medical treatment. Because the minor’s sex at birth determines whether or not the minor can receive certain types of medical care under the law, Act 626 discriminates on the basis of sex.

H/T Religion Clause.

I have seen this kind of reasoning over and over as the courts impose on us, and on legislators who beg to differ, their view of “discrimination on the basis of sex.” For instance, if John can marry Suzy then Sally should be allowed to “marry” Suzy.

I’m not alone:

As the [Franciscan Alliance] argues in its brief, in 2016 the government interpreted ObamaCare’s nondiscrimination provisions “to require doctors and hospitals nationwide to perform and insure gender-transition procedures and abortions or else be liable for ‘sex’ discrimination.”

Specifically, the feds read the law to require that services be offered on an equal basis. “If a gynecologist performs a hysterectomy for a woman with uterine cancer,” the alliance’s brief says, “she must do the same for a woman who wants to remove a healthy uterus to live as a man.”

This cultural clash isn’t going away, and the country is in for more trouble if progressives can’t rediscover the principle of pluralism. The government’s appeal shows a bloody-mindedness that is difficult to fathom.

Transgender Patients vs. Religious Doctors – WSJ

However often I’ve seen it, I’ve never been able to get used to such reasoning as being sane. It strikes me as sophistry, though when we set out to outlaw sex discrimination, we implicitly set out to eradicate invidious sexual stereotypes. If we leave it to individual judges to determine what’s invidious, won’t decisions be all over the map? Isn’t a stupid, sophistical woodenness better than that?

Nah!

A Child’s Purpose

“Because children grow up, we think a child’s purpose is to grow up,” Herzen says. “But a child’s purpose is to be a child. Nature doesn’t disdain what only lives for a day. It pours the whole of itself into each moment … Life’s bounty is in its flow. Later is too late.”

Oliver Burkeman, Four Thousand Weeks


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

The Orthodox “phronema” [roughly, mind-set] cannot be programmitized or reduced into shibboleths.

Fr. Jonathan Tobias

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Curated just for you, whoever you are

Legalia

Why would a conservative want to serve on SCOTUS?

I can’t fathom why anyone would want to serve on the Supreme Court. To be more precise, I can’t fathom why any conservative would want to serve on the Supreme Court. Liberal jurists are feted with honors at every juncture. But conservative jurists are excoriated and personally attacked. I wonder, in hindsight, if Kavanaugh still would have pursued a position on the Supreme Court, knowing what we know now: the first confirmation hearing, baseball tickets, Spartacus, Christine Blasey Ford, Michael Avenatti, Ronan Farrow, the second confirmation hearing, yearbook, beer, Klobuchar, Saturday Night Live, Matt Damon, the Dobbs leak, and now an assassination attempt outside of his home. During this time, Kavanaugh and his family have been dragged through such painful experiences, one after the other. Was it all worth it? And to what end?

Eugene Volokh

303 Creative

Creative professionals routinely express their politics in their art—through the art they choose or refuse to create. Famously, for example, shortly after the election of Donald Trump, a number of fashion designers (artists, to be sure) declared that they would, under no circumstances, “dress” Melania or Ivanka Trump –this despite the fact that dresses themselves rarely (if ever) contain a political or cultural message as explicit as the words or image a web designer creates. Merely doing business with the Trumps was an intolerable notion to creative professionals who abhorred the Trump family’s political methods and messages.

In an open letter rejecting the idea of working with the Trumps, designer Sophie Theallet said, “We value our artistic freedom, and always humbly seek to contribute to a more humane, conscious, and ethical way to create in this world.” She said, “As an independent fashion brand, we consider our voice an expression of our artistic and philosophical ideas.” And another designer, Naeem Khan, asserted: “A designer is an artist, and should have the choice of who they want to dress or not.”

In reporting on the designer choices, the Washington Post’s Robin Givhan explained well how artists view their work:

Like other creative individuals, Theallet sees fashion as a way of expressing her views about beauty and the way women are perceived in society. Fashion is her tool for communicating her world vision. In the same way that a poet’s words or a musician’s lyrics are a deeply personal reflection of the person who wrote them, a fashion designer’s work can be equally as intimate. In many ways, it’s why we are drawn to them. We feel a one-to one connection.

A web designer’s work is similarly intimate ….

Brief of 15 Family Policy Organizations as Amici Curiae in Support of Petitioners in the 303 Creative case (internal citations omitted).

If you don’t know the case, you should get to know it.

Colorado, with the help of the 10th U.S. Circuit Court of Appealsl, has mounted the worst, and most explicit, attack on freedom from compelled speech since West Virginia v. Barnette in World War II (when West Virginia required recitation of the Pledge of Allegiance by schoolchildren on pain of expulsion).

Colorado claimed that even though 303 Creative was engaged in pure speech (a key legal category; Masterpiece Cakehop, in contrast, had a creative element but in the end produced not speech, but cake), it could be compelled to create a website for a same-sex wedding because none of the other wedding website creators had exactly the talents of 303 Creative, so 303 was effectively a monopoly and could be forced to create the desired site:

In its decision below, the 10th circuit noted that the petitioners’ artistry created something like a “monopoly,” a market where only the petitioners exist.

Id. Only madness-induced blindness could distinguish the relevant facts of this case from those in West Virginia v. Barnette to the detriment of 303 Creative. Read and enjoy the whole Amicus brief.

Understated

The problem is a reflection of a badly broken political culture and it won’t be easily fixed. But, in the meantime, the House should probably go ahead and pass that SCOTUS protection bill.

The Morning Dispatch on increasing political violence, prompted specifically by the plot against Justice Kavanaugh.

More generally, the Morning Dispatch’s coverage of the successful recall of San Francisco Prosecuting Attorney Chesa Boudin confirms its trustworthiness as a news source: It has more points in Boudin’s favor than I’ve noticed anywhere else, and they aren’t insubstantial.

Sexualia

Incoherent Pride

[I]t is interesting that the American Embassy to the Vatican is flying the rainbow flag for Pride month. Commentators have pointed out the obvious intent to cause offense to the Catholic Church. But the embassy’s decision also sends a message to the American people: Another flag has government endorsement. The message of “inclusion” that it represents signals to those Americans who might dissent from the LGBTQ+ movement that in these interesting times their membership in the republic for which the real national flag stands is more a matter of tolerance than full-blooded affirmation.

The problems with LGBTQ+ inclusion are, of course, manifold. First, there is the logical problem that any movement deploying the rhetoric of inclusion has to face: If everyone is included and nobody is excluded, then the movement is meaningless. Thus, the language of “inclusion” here is really a code word for precisely the opposite: It actually means exclusion and the delegitimizing of any person or group that dissents from what the movement’s movers and shakers deem to be acceptable opinion. Acceptable thought will typically tend toward a view of reality that regards such dissenters as mentally deficient, sub-human, or simply evil.

Carl R. Trueman

Succinct

There are masculine girls. There are feminine boys. What are we going to do? Carve them up?

Jordan Peterson on the Official Trailer for the Matt Walsh documentary (prank-a-thon?) What is a Woman?.

Politics

Relatively successful

Purdue University president Mitch Daniels is retiring at the end of the year. Consistent with his maverick ways over the last 10 years, his successor was announced concurrently with his retirement announcement. There was no public Presidential search, and we will doubtless be treated to days of complaints, petty and serious, about that.

His successor will be the professor and Dean, Dr. Mung Chiang, who served as his Executive Vice President for Strategic Initiatives, of which Purdue has formed a great many over the last 10 years, with some of the biggest corporate names in the world.

I’m very proud of Purdue, my neighbor just across the Wabash, but I would prefer that my loved ones not attend there.

First, like most major universities today, the streets of the campus flow with alcohol, which endangers students of both sexes with the ambiguities of sexual interactions between drunks.

Second, I prefer undergraduate liberal arts education to enlisting in the Technocracy fresh out of high school.

But it seems to me that Mitch Daniels has been a tremendously successful Ginormous Research University President, and I wish him well.

"A Crucial Element of Fascism"

The American militia movement is small, but in the early days of 2021, it nonetheless came to the aid of a lawless president seeking to use force to keep himself in power. It did so by attacking the national legislature and threatening to kill elected representatives of the American people. And when this happened, the president himself stood back and stood by, watching expectantly, refusing to call off the armed mob, hoping the violence might empower him to remain in the White House despite losing the election two months earlier. In doing so, Trump ended up injecting a crucial element of fascism into the country’s political system.

I don’t use the F-word lightly. Trump winning the presidency while losing the popular vote by three million isn’t fascism. Trump appointing a record number of judges and three Supreme Court justices who appear poised to overturn Roe v. Wade isn’t fascism. Trump attempting to close the southern border to immigrants and refugees isn’t fascism. Trump’s verbal attacks on the media aren’t fascism (though they could be said to lay the groundwork for it by stoking popular rage against a free press). Trump engaging in the politics of bullshit by lying constantly to the American people isn’t fascism (though it, too, can prepare the way for it by leading voters to despair of firmly distinguishing between fact and falsehood).

But groups of organized, armed thugs allied with the president acting at his request to prevent the peaceful and lawful transfer of power to his successor is absolutely a fascist act. We’ve seen nothing remotely like it elsewhere in the democratic world, no matter how bad the illiberal policies and rhetoric of newly emboldened right-wing populists in other countries have been.

Damon Linker

Holding up that hateful mirror

Republicans are the co-creators of Trump’s corrupt and unconstitutional enterprise. The great majority of them are still afraid to break fully with him. They consider those who have, like Liz Cheney, to be traitors to the party. They hate Cheney because she continues to hold up a mirror to them. They want to look away. She won’t let them.

Peter Wehner

Is racism a public health crisis?

My fair city has approved a resolution declaring racism a public health crisis.

The statistics on racial disparities are stark. But unless the reporting is botched — a very real possibility considering that our Gannett paper hovers near death — the response is one of those "OMG! WE’VE GOT TO DO SOMETHING!" responses, and implicitly accepts the dogma that all racial disparities are caused by racism.

My point would be mere pedantry were it not for the likelihood that a vague diagnosis of "racism" as the cause is likely to lead to errant treatment.

Stochastic Terrorism

I’m kind of a sucker for portentous names given to commonsense observations. My new one is "stochastic terrorism," introduced by David French with a link to Todd Morley.

As French puts the commonsensical translation:

The concept is both common-sense and controversial. The common-sense element is easy to explain. If you’re a normal person and five people hate you, what are the odds you’ll face targeted violence? Unless you’re engaged in criminal activity yourself (and the five people who hate you are other criminals), then the odds are almost impossibly low.

But what if 50,000 people hate you? Or five million? Then the odds change considerably, until they reach a virtual certainty that you’ll face a threat of some kind.

Why did the Californian last week go after Justice Kavanaugh instead of Justice Alito? How many million people hate Brett Kavanaugh? How did there come to be so many who hate him? D’ya think it might have something to do with the over-the-top attacks during his confirmation hearings?

That’s how you build a frenzy from which someone emerges to exact just retribution on some putative fiend. Todd Morely names a few names.

(FWIW: I cooled about 20 degrees on Kavanaugh as soon as it emerged that he has been a heavy recreational beer-drinker since years before he could drink legally. Call me extreme — and on this topic, I clearly am far out of the American mainstream — but I think a Supreme Court Justice should have a history of abiding even by annoying little laws like minimum drinking age, and of sobriety both literal and figurative. Drunken frat boys are a turnoff even when they don’t grope co-eds.)

Well, anyway, back to stochastic terrorism. French again:

Of course the ultimate recent example of hatred and fury spawning violence is the attack on the Capitol on January 6. It was perhaps the most predictable spasm of violence in recent American history. One cannot tell tens of millions of Americans that an election is stolen and that the very fate of the country hangs in the balance without some of those people actually acting like the election was stolen and the nation is at stake.

But if the concept of stochastic terrorism is so obviously connected to human experience, why is it controversial? In part because it aims responsibility upward, and it places at least some degree of moral responsibility for violent acts on passionate nonviolent people. While criminal responsibility may rest exclusively with the person who carries the gun (or his close conspirators), moral responsibility is not so easy to escape.

(Emphasis added).

Too long I have blithely and exclusively "blamed the person who carries the gun", discounting (if not ignoring) incitements that stop short of criminality. I remain a free speech advocate, and I detest the idea that any truth is too dangerous to be uttered lawfully. But it is becoming too, too obvious politicians and pundits who make careers of vilifying specific opponents, and internet jackasses who doxx the scapegoat du jour, are playing with fire, and at the very least should face political, social and commercial* sanctions.

And to the extent that I have dehumanizingly vilified Donald Trump over the last three years, mea culpa, mea culpa, mea maxima culpa!

(* I have in mind commercial sanctions like boycotting Tucker Carlson’s advertisers, but I don’t want to watch him to find out who they are.)

UPDATE: Jonah Goldberg alludes to who Tucker’s advertisers are:

Seb Gorka dron[ing] on about Relief Factor (a fish oil supplement that all super-patriots take before they put their heads on Mike Lindell’s pillows)

No chance for boycotting there.

Religion

Normally, I’d consider putting Religion in first position, but the following are not the kinds of dogma or dogma-adjacent things that cry out for that.

Here’s to you, Mrs. Robinson

In David & Bathsheba, we see a man in the act of either removing—or replacing—a jacket from a woman’s shoulders. Is this the moment before or after King David has committed adultery with the wife of his general? Mrs. Potiphar presents us not with a cartoonish harridan panting after the biblical Joseph, but an attractive, middle-aged woman staring pensively at her reflection in a mirror. McCleary treats the incident not in terms of mere lust, but in a larger psychological and spiritual context of loneliness and fear of death.

Gregory Wolfe, Beauty Will Save the World.

The "Mrs. Potiphar" Wolfe refers to is presumably this:

Mrs. Potiphar

If you don’t know the allusion, read Genesis 39. If you don’t know what Genesis 39 is, may God have mercy on your ignorant soul.

A Dangerous Inversion

To justify Christianity because it provides a foundation of morality, instead of showing the necessity of Christian morality from the truth of Christianity, is a very dangerous inversion; and we may reflect, that a good deal of the attention of totalitarian states has been devoted, with a steadiness of purpose not always found in democracies, to providing their national life with a foundation of morality — the wrong kind perhaps, but a good deal more of it. It is not enthusiasm, but dogma, that differentiates a Christian from a pagan society.

T.S. Eliot via Kevin D. Williamson, who continues:

Eliot’s “dangerous inversion” is very much the model for the intersection of religion with politics in our time: Religion is, and is almost universally assumed to be, the junior partner.

American Evangelicals as Cultural Christians

What has happened is that the Christian sense of collective identity has persisted even among those hollowed-out Christians who have abandoned Christian orthodoxy, reducing the Christian confession to a demographic box to check, one of many constituent parts of an American “national identity.” Never mind, for the moment, that one of the hallmarks of the authentic American identity is approaching Christian orthodoxy and Christian observance with a seriousness that brushes up against fanaticism: The story of the United States does not begin with the arrival of the first slave, as the 1619 Project would argue, but with the arrival of the first Separatist.

For a century or so, Americans have had friends and countrymen who are “culturally Jewish.” We know what that means: a Jewish sense of communal identity bound to that vague American religious sensibility that sits somewhere between Protestant and agnostic — not atheistic, but operatively secular. I have not heard many Catholics call themselves “culturally Catholic” — Catholics who have given up Catholicism mostly just continue to call themselves “Catholic,” with the “cultural” qualifier being understood. In the case of Catholics, the communal identity is not in the end religious at all but is instead only the detritus of immigrant ethnic identities that have been dissolved in the hot soup of modernity. Conservatives used to be the ones who preferred the “melting pot” model of communal life to ethnic and religious particularism, but the rightist element Hochman writes about has, to some considerable degree, abandoned that. And so we have that new thing, the “cultural Christian.” I believe the first time I ever heard the term used was by Richard Spencer, the white nationalist, who found his parents’ Episcopalianism insufficiently invigorating.

Evangelicals, particularly white Evangelicals, are an important part of the new coalition that was formed around the campaign and cult of Donald Trump, but Christian thinking per se plays almost no role in that cult. Indeed, it would be very difficult for these Christians if it were otherwise: Donald Trump is an idolator and a heretic, a blasphemer and a perpetrator of sacrilege, and much more ….

Kevin D. Williamson


You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

“Pro-Abortion” is now official (more)

Blogging the ineffable

It occurred to me recently that my blog is an odd project because, increasingly, the things that matter most to me are ineffable.

I’ve read at least one book that “effed the ineffable” by going on and on, shifting to reflect from varying angles. I actually thought it was pretty effective, but you had to be keenly interested in the topic to wade through so much overlapping, kaleidescopic quasi-repetition. (I did find that 24 years of immersing myself in Orthodox Christian worship, as my Parish’s cantor — and not just the Sunday Liturgy — had “communicated” the same things.)

I’ve taken a stab at poetry occasionally, but rarely have thought it remotely successful. Anyway, I once heard it said that the person who becomes a poet to say something is less poetic than someone who becomes a poet because he/she likes messing around with words.

I guess the reason I keep blogging may be that I, too, am going on and on, in prose, shifting to reflect from varying angles — just not between the covers of a single book and without an explicit Master Goal. But in a lot of ways, my blog is a very large commonplace book, but an online friend (we’ve narrowly missed meeting IRL) already took that in his blog (now Substack) title.

Anyway, I actually looked briefly at what WordPress says about my blog (something I rarely do since I’m not writing to be popular), and apparently it’s emailed to 350 addresses, and I assume that some others get the RSS feed. I’m pretty sure that some of the emails are bogus, created for god-knows-what purpose. But a heartening number probably are real people, and to them I say thank you for your indulgence.

A partisan scold as arbiter of “Disinformation”

The preoccupation with “misinformation” and “disinformation” on the part of America’s enlightened influencers last month reached the level of comedy. The Department of Homeland Security chose a partisan scold, Nina Jankowicz, to head its new Disinformation Governance Board despite her history of promoting false stories and repudiating valid ones—the sort of scenario only a team of bumblers or a gifted satirist could produce.

Barton Swaim, How Disagreement Became ‘Disinformation’ (Wall Street Journal)

Janus-faces

There is something so disingenuous about critical theorists both arguing that they are revealing the real truth about the world in order to change it, and then claiming that they’re just offering an alternative take of history within a liberal context. You can see this intellectually dishonest bait-and-switch in the 1619 Project. It claims something truly radical — that the real founding of America was in 1619 because the core meaning of America is white supremacy, not liberal democracy — and then, when called on it, turns around and says no, silly, we’re just engaging in a thought-experiment to explain how racism has affected all of us, and to provoke debate. Well: which is it? In theory, they tell you it is all compatible with liberalism; in practice, they prove and believe the opposite.

Andrew Sullivan, Don’t Fight CRT. Expose It.

Dobbsian thoughts

Well, then: I’ll be glad to say “pro-abortion”

From an official Planned Parenthood website, an about-face that reveals a lot:

Well-meaning folks often contrast “pro-choice” with “pro-abortion,” as in, I’m pro-choice, not pro-abortion. But that’s hurtful to people who’ve had abortions. It implies that abortion isn’t a good thing, that legal abortion is important but somehow bad, undesirable. That’s deeply stigmatizing, and contributes to the shame and silence around abortion, making people who’ve had abortions feel isolated and ashamed. At least one in four people who can get pregnant will have an abortion during their lives, and they should be supported and celebrated. It’s time to retire the phrase “pro-choice, not pro-abortion” for good.

Maia Baker, What’s wrong with choice?: Why we need to go beyond choice language when we’re talking about abortion.

I heard a youngish woman recently describe her long-ago long bus trip to a D.C. “pro-choice” rally. Older women were talking of abortion as if it were good, not a lesser evil. One even bragged that she’d had 6 abortions, and it was her primary birth control.

The youngish woman emerged from the bus pro-life.

Amnesiac même advocacy

From a supplemental Andrew Sullivan substack May 13:

[Sullivan’s critic1]: You’re conveniently forgetting that five of the nine justices (Roberts, Alito, Gorsuch, Kavanaugh, Barrett) were nominated by presidents who lost the popular vote.
[Sullivan’s rejoinder]: That is completely irrelevant. But even it it weren’t, both of Bush’s appointees were picked during his second term, after he won the popular vote against Kerry.

[Sullivan’s critic2]: Currently, several state legislatures have big GOP majorities that in no way reflect the number of votes each party received in the preceding election. My guess is that one or more of these legislatures will act quickly this summer, after Roe is overturned, to outlaw abortion. Will that be an instance of democracy working well?
[Sullivan’s rejoinder]: Yes, it absolutely will. And voters can vote again in November. Again: is it the pro-choice position that no states be allowed to legislate on abortion because gerrymandering exists? What else are they barred from voting on?

[Sullivan’s critic3]: While I am certain there are women who would never have an abortion — and they cannot imagine allowing any other woman to have an abortion — the majority you refer to as “pro-life” is deeply affected by another condition: religion. The majority of the pro-life women you speak of, through their faith, surrendered any sense of having power that isn’t subjected to the approval of the church or their husbands! They have no distinct awareness or appreciation of the fullness of their own free will — their liberty — or their innate freedom to make decisions on their own, entirely independent of their faith. 
[Sullivan’s rejoinder]: I’m afraid this completely misunderstands Catholic teaching on this. Women are not supposed to submit their moral views to their husbands’ approval. And the thinly veiled contempt for religious people — they don’t have any autonomy or agency — is a form of bigotry, in my view.

On that last point, see Eugene Volokh’s contemptuous response to that kind of motivated reasoning, which he no doubt hears a couple of times each week if not each day.

Talk less, Smile more.

Now when Chief Justice Roberts speaks of the Court as an “institution,” he approaches that concept from a PR perspective–5-4 decisions are bad, incoherent 9-0 decisions are good. Thomas could not care what final votes are. Rather, he worries about attacks on the Court by the political branches, and more recently, from within.

Unlike Justice Ginsburg, no one knows where Chief Justice Roberts is. To quote Aaron Burr, “Talk less, Smile more, Don’t let them know what you’re against or what you’re for.” NFIB v. Sebelius may have saved the ACA, but the controlling opinion destroyed the Supreme Court as we know it. The anonymous conservative told Politico:

“There is a price to be paid for what he did. Everybody remembers it,”

Roberts won the battle, but lost the war. Now Thomas is making this point explicitly.

Josh Blackman (emphasis added)

Selective non-enforcement

Of the laxity of law enforcement in protests at Justices’ homes:

When it comes to the contrast to Jan. 6, what stands out to me is actually a similarity: a large protest gathered on Capitol Hill and authorities responded with much too little force to disperse it — including after it got way out of hand. Where things differ has been the aftermath, with federal prosecutors now aggressively prosecuting people who merely wandered into the building after the most violent and aggressive perpetrators had pushed their way inside. That seems like overreach in the opposite direction — discretion erring on the side of undue harshness. We should absolutely be throwing the book at everyone who ransacked the building and sought to commit acts of violence against members of Congress or the vice president in order to overturn the election. But that likely doesn’t describe everyone, or even most of the people, present at the protests that day.

Damon Linker (who, should it not be clear, favors discretionary non-prosecution of smallish, non-menacing demonstrations at the Justices’ homes).

I’m acquainted with someone who “merely wandered into the building after the most violent and aggressive perpetrators had pushed their way inside” the capitol on 1/6/21, but is being prosecuted nonetheless. The Feds have lost at least one such case at trial, and I’m hoping they’ll now relent on the others.

Point is: I’m willing to extend the same grace I want for him to wrong-headed people who peacefully protest at justices’ homes – even if there’s a federal law that facially makes that illegal.

Overturning nature

[T]he lawn signs in university towns announce, “Hate has no home here.” This sentiment amounts to reversing the fall of man and proclaiming the kingdom of God. And as I have argued, today’s progressive cultural politics seeks to overturn the authority of nature. Thus we have at once widespread resignation—and God-like ambition.

It’s really very strange. One hundred thousand people die of opioid overdoses in a single year, and elites throw up their hands and do nothing. Meanwhile, they put untold millions into transgender activism and insist that the fullest resources of the medical-industrial complex must be employed to attain its goals.

R.R. Reno.

I generally don’t like arguments in the form of “Why are you writing/worrying about X?! You should be writing/worrying about Y!” But I can’t help but suspect that elites have noticed that the people dying of opioid overdoses are mostly deplorables, not real people.

Oh: And that the trans cause is stylishly pseudo-transgressive.

Words to live by

We must always tell what we see. Above all, and this is more difficult, we must always see what we see.

French writer Charles Péguy via R.R. Reno. I’m not sure that Reno is seeing what he’s seeing, but he’s seeing one of the right problems.


You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Ukraine and closer to home

Ruso-Ukrainian conflict

Historians losing the narrative battle

[P]ossession of scholarly credentials doesn’t automatically confer the authority to determine which claims about the past will be believed and which will not. On the contrary, fussy objections to the sweeping historical contentions deployed by powerful populist politicians frequently prove impotent in the face of grand narratives.

[F]or many (perhaps most) people, what makes one story about the past more persuasive than another isn’t the application of some set of standards approved by a professional guild of scholars but whether the story feels *right.

Damon Linker, ‌Putin, Trump, and the irresponsible wielding of history.

My daughter-in-law returned from a month in Russia very recently. She avoided political discussions because it quickly became all-too-obvious that Trump’s MAGA is matched or overmatched by Putin’s MRGA — make Russia the great thing it was in Putin’s telling — which tends to prove Linker’s point.

Shifting narratives, too

From the right, we were told that this was absolutely not going to happen. And now that it very much is happening, the argument from Steven Bannon and Co. is that the West deserves it because we are weak and decadent and unserious. More: American conservatives ought to support Russia, since that’s a country that doesn’t put up with LGBTCRT nonsense, he and his pal, the military contractor Erik Prince, said recently. “The Russian people still know which bathroom to use,” Prince said. (So do the Ukrainians, for what it’s worth.) Tucker Carlson asked Americans to consider why they hate Putin, anyway: “Has Putin ever called me a racist? Has he threatened to get me fired for disagreeing with him?”

To the small but meaningful movement of the ethnonationalist right, Russia is the last great white, Christian nation with solid gender-norms and 19th-century race relations. If your vision of owning the libs means embracing authoritarian regimes that hate America and its people, you’ve lost the plot.

Nellie Bowles, Common Sense (emphasis added)

Not "put[ting] up with LGBTCRT nonsense" gets a favorable glance from me, but no more than a glance. That said:

I inserted all the necessary caveats in my columns, but I must admit I didn’t believe Putin would launch a full invasion. As a Russian, everything in me resisted the thought. War on Ukraine is the absolute worst thing Russia can engage in. It’s unforgivable, a Cain’s mark.

Leonid Bershidskiy on Twitter. Me, too, but I didn’t pretend to be an expert. I’m not even certain that I scoffed publicly at the American Intelligence Narrative (but I scoffed in my own head at least).

Meanwhile, Putin tries to control the internal narrative

Roskomnadzor, Russia’s communications regulator, said it would restrict access to websites that refer to the war in Ukraine as an “attack, invasion, or a declaration of war”. It will also target publications that mention the shelling of Ukrainian cities and civilian casualties.

The Economist Daily Briefing

Future narrative

It takes balls to predict what comes next, but the Economist takes a stab at it:

[S]hould Mr Putin seize a large swathe of Ukraine, the gatherer of the lands will not stop to make peace at its borders. He may not invade the NATO countries that were once in the Soviet empire, at least not at first. But, bloated by victory, he will subject them to the cyber attacks and information warfare that fall short of the threshold of conflict.

Mr Putin will threaten NATO in this way, because he has come to believe that NATO threatens Russia and its people. Speaking earlier this week, he raged at the alliance’s eastward expansion. Later, he decried a fictitious “genocide” that he says the West is sponsoring in Ukraine. Mr Putin can’t tell his people that his army is fighting against their Ukrainian brothers and sisters who gained freedom. So he is telling them that Russia is at war with America, NATO and its proxies.

By the way: the Kremlin has an English-language translation of Putin’s February 27 speech/rant/tirade, but it repeatedly refused to load for me. Here’s a separate source. The speech is consequential, and our government and pundits are widely lazy, herd-minded or dishonest. I want my own copy of this speech.

Miss Peggy’s response to the new right "I don’t care" isolationists

Russia isn’t Upper Volta with a gas station; it’s Upper Volta with a gas station, the world’s largest nuclear arsenal, and a furious owner. What he does may have repercussions. If you would lead, you don’t get not to care.

Peggy Noonan

Showing my cards

  • The Fog of War is upon us, and our government and media are speaking with unwarranted certainty.
  • The End of History is, ironically, over, history having resumed with a vengeance.
  • I haven’t yet read the entirety of Putin’s February 21 speech, which I suspect contains some preposterous lies and some truths that we can’t see because of a clash of worldviews.
  • An American expat in Russia who I tend to trust has blogged some things about Ukraine’s 2014 version of the color revolutions (i.e., that the legitimately-elected government, having begun looking eastward rather than westward, was overthrown by American proxies), and about Ukraine’s treatment of the Donbas region (e.g., that its citizens are denied voting because they might swing the country back eastward), both of which I’d like to explore a bit more. The net effect, if true, is that the democratic legitimacy of the current government is doubtful.
  • In short, I think Ukraine probably is deeply divided between westernizers and Rusophiles, and while I oppose Russia’s invasion, you’re just going to have to bear with me if I don’t yet cheer on the westernizer Ukrainians as zestfully as seems to be expected.

Not Ukraine

Agricultural specialists

Lacking any moral force or vision of its own, the “objective” expertise of the agriculture specialist points like a compass needle toward the greater good of the “agribusiness” corporations.

Wendell Berry, The Unsettling of America

Reverse discrimination smacked down

Strict scrutiny applies, and racial balancing is not a compelling interest.

Tyler Cowen, Elite high school TJ will continue as it was (emphasis added).

I’m very glad to see some judicial skepticism toward Knowledge-Class insistence that their every latest great notion is a "compelling state interest." Too long the courts have bowed compliantly to the dubious demands of "diversity" and other disguises for racial reverse-discrimination.

Is it even worth it to shop for a new apartment in NYC?

Freddie deBoer is looking for a larger rental apartment in Brooklyn, and recently lost his pick when someone else offered $500 per month over the listing price before his contract was signed:

I would have enjoyed living there but I have a home, which is more than many can say, and we can still find something else if we want. The apartment would have been more than most people can afford even at the offered price. For me, the bigger issue is just that the situation provokes this New York City weariness that has afflicted me lately, this feeling that everything in this city is harder than it should be, and that everything you want can only be won through some tiring and expensive competition with somebody else. It’s wearing me out and further deepening my conflicted sense that 2023 is the year I move out of New York.

You’d like to look at a bunch of apartments and have time to think them over, weigh the pros and cons of each. But apartments constantly appear on the sites one day and are in contract the following day. People feel compelled to ask to sign at the open house, as awkward as that is in front of everyone, because if they don’t someone else surely well. And that’s the rental market. I harbor quotidian dreams of owning my own home someday, like many or most do. But though I am now in the top 5% of American earners, or thereabouts, I look at the prices of modest two-bedroom apartments in Brooklyn and there’s just no way. I do a little of the back-of-the-envelope math and it’s still a completely distant dream. And that’s to say nothing of the effort and the stress, the endless bidding wars, having to compete with all-cash offers, the innumerable hoops you have to jump through…. Buying a house isn’t exactly easy anywhere, but looking at listings for my hometown in Connecticut I see legitimately nice houses for a quarter of what these apartments cost and, wonder of wonders, properties that actually sit on the market for a little while so you can think it over.

It’s not just about housing costs, though. Obviously, you’re paying a premium for the restaurants and shows that make New York what it is, as well as high taxes. But it’s not even just affordability. It’s the broader sense that you need to hustle and never stop hustling to live here. That’s the subject of a thousand songs, after all, the New York hustle, and part of what’s so often romanticized about the place. But I don’t see much to recommend about that feeling of frantically scrambling just to hold on. Seems less than ideal!

Seems like a compatible pairing

(Motorcyclists become ethnographers of necessity, or rather rank stereotypers, for the same reason that cops do: they face risk. Stereotyping is efficient for snap judgments.)

Matthew Crawford, The World Beyond Your Head (Parentheses in original)

The irony is that we all—secular or religious people alike—make our biggest life-shaping decisions on faith. Life is too short to learn what you need to know to live well.

Frank Schaeffer, Crazy for God


You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.