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 Park “strong 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.

Flash! Sex Matters!

Health

Sex matters

The United Kingdom’s National Health Services (NHS) plans to propose changes to its constitution that would separate single-sex wards according to “biological sex,” Health and Social Care Secretary Victoria Atkins announced Tuesday. The new measure would mean that transgender individuals would be placed in wards with people of their biological sex or in a single-patient room when possible. “The government has been clear that biological sex matters,” Atkins said. “The constitution proposal makes clear what patients can expect from NHS services in meeting their needs, including the different biological needs of the sexes.” The NHS Constitution of England was last updated in 2015 and is required to be updated at least every ten years; there will now be an eight-week review of the proposal.

Via The Morning Dispatch

Judgment Day’s coming

[I]t won’t just be doctors and politicians whose actions will be judged in relation to the excesses surrounding the gender transition of young people, but also those many journalists who’ve chosen to prioritize ideological fashion over journalistic integrity. Singal stands out as one of the few honourable exceptions. Indeed, Bell’s case is exactly the sort of tragedy that he’s consistently warned about over the past five years. To a certain kind of ideologue, such prescience is unforgiveable.

The Campaign of Lies Against Journalist Jesse Singal—And Why It Matters

Journalism

Keeping up appearances

Per Politico, Biden’s flacks are frustrated with the Times because it is “stubbornly refusing to adjust its coverage as it strives for the appearance of impartial neutrality.” Key word: appearance.

The Free Press

Wrinkles to iron out

No wonder American consumers are gloomier than they have been at any point in the last two years. The consumer confidence index dropped for the third straight month in April. (Axios)

The Free Press

Correct me if I’m wrong, but isn’t this confusing cause and effect?

Protest

Why are they saying this where they’re saying it?

National Review’s Charles C.W. Cooke has a question for the pro-Palestinian student protesters continuing their encampment on Columbia University’s campus: “Why, exactly, are these protests happening at all?” he asked. “By this, I don’t mean, ‘What is it that the protesters are saying?’ I know that. By this, I mean, ‘Why is it that they are saying it where they are saying it?’ The faculty at Columbia is not in charge of Israel or the Israeli military; it does not set American foreign policy; and it did not contrive any of the historical or geopolitical questions that underpin the broader fight. I daresay that there are students at Columbia who, for whatever reason, are vexed by the state of the world, but to take this out on their fellow students and the staff at their school makes no more sense than to take it out on the staff at Pedro’s Deli. The two things do not, in any meaningful way, even come close to intersecting. … Sometimes, silence really is golden—even if you’re a discontented college student who has just discovered that life isn’t fair.”

The Morning Dispatch

I posted this on a social medium and got some friendly push-back to the effect that if you can’t protest where you are, where can you protest. Then a third person weighed in with something more helpful, I think, than my post or the first response:

Demands that Western institutions divest from South Africa (of which protests were a part) were successful enough to play a significant role in ending apartheid. So, no, you don’t have to go to Tel Aviv to camp out and yell. But I do think you ought to have a strategy, particularly if your protest is going to disrupt other people’s lives: by what process or mechanism do I hope that my actions (help to) effect the change I desire?

There is, somewhere around here, a sign, professionally constructed and publicly posted, demanding that the Raleigh City Council stop the genocide in Gaza. Not that the city council divest from Israel or condemn the actions of the Israeli government, but that they literally “stop the genocide.” I don’t think “self-indulgent” is necessarily the word, but the complete implausibility of the demand is certainly not a sign of a healthy democracy.

Enablers as “basic humanitarian aid”

At a press conference in front of the occupied academic building at Columbia University:

Reporter: “Why should the university be obligated to provide food to people who’ve taken over a building?”

Student protester: “To allow it to be brought in. Well, I mean, I guess it’s ultimately a question of what kind of community and obligation Columbia feels it has to its students. Do you want students to die of dehydration and starvation or get severely ill even if they disagree with you? If the answer is no, then you should allow basic—I mean it’s crazy to say because we are on an Ivy League campus, but this is like basic humanitarian aid we’re asking for. Like, could people please have a glass of water?”

Reporter: “But they did put themselves in that, very deliberately in that situation, in that position, so it seems like you’re saying, ‘We want to be revolutionaries, we want to take over the building, now would you please bring us some food and water.’”

For the record, I don’t have strong feelings about this Spring’s demonstrations, nor do I want to have strong feelings.

Culture

Surveillance Capitalismⁿ

When you first heard of the existence of an “internet-enabled rectal thermometer,” you might have thought to yourself, why does a rectal thermometer need enabling by the internet? The answer, of course, is that it doesn’t. But the internet needs to know the temperature inside your rectum. If you find this intrusive, or extraneous to the purpose for which you bought a thermometer, you may not be ready for an autonomous car. Give yourself an adjustment period. With time, your expectations will dilate to accommodate the probing style of your new friend.

Matthew Crawford, Why We Drive

Deschooling

People who have been schooled down to size let unmeasured experience slip out of their hands. To them, what cannot be measured becomes secondary, threatening.

Ivan Illich, Deschooling Society

Governmental truth

Hobbes … believed that the state’s stability depended on uniformity of religious belief, or at least uniformity of religious expression. Locke, by contrast, argued that force cannot save souls because it cannot change hearts, and even if it could, governments cannot be relied upon to discern religious truth.

Jonathan Rauch, The Constitution of Knowledge (emphasis added).

What government can be relied upon to do is to buttress itself with religion-like accoutrements.

Reassuring stories

Betrayed again — It hurts so good!

Having won the field, the Trumpists now are the Republican Party. Mike Johnson … is one of them. He may not be as dumb as Marjorie Taylor Greene or as likely to give you a handjob in public as Rep. Lauren Boebert, but he’s 100 percent organic, non-GMO Peckerwood. Nevertheless, according to the rules of the Peckerwood game, he’s structurally the enemy: Peckerwoods, once they achieve positions such as speaker of the House, cease to be Peckerwoods, and become the Establishment. Remember, this isn’t politics—this is therapeutic storytelling, and the Peckerwoods have only the one story: “We, the Real Americans, have been betrayed, once again, by the Establishment.” That’s their whole thing.

Kevin D. Williamson. Another one worth reading in full.

Dispossession

Donald Trump doesn’t get away with lies because his followers flunked Epistemology 101. He gets away with his lies because he tells stories of dispossession that feel true to many of them. Some students at elite schools aren’t censorious and intolerant because they lack analytic skills. They feel entrapped by moral order that feels unsafe and unjust. The collapse of trust, the rise of animosity — these are emotional, not intellectual problems. The real problem is in our system of producing shared stories. If a country can’t tell narratives in which everybody finds an honorable place, then righteous rage will drive people toward tribal narratives that tear it apart.

David Brooks, How to Destroy Truth

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.

Halloween Candies

Middle East

Jihad

It’s impossible to make a moral error when you’re a jihadist. If you die, it’s good; if your family dies, it’s good; if the infidel dies, it’s good. [Hamas] is a death cult.

Sam Harris via Andrew Sullivan.

Ceasefire = Hamas Victory

[P]rogressives calling for a cease-fire in Gaza threaten to hand Hamas the greatest victory of its existence. If Hamas can wound Israel so deeply and yet live to fight again, it will have accomplished what ISIS could not — commit acts of the most brutal terror and then survive as an intact organization against a military that possesses the power to crush it outright. I agree with Dennis Ross, a former U.S. envoy to the Middle East: Any outcome that leaves Hamas in control in Gaza “will doom not just Gaza but also much of the rest of the Middle East.”

…

it is hard to watch a large-scale bombing campaign in Gaza that kills civilians, no matter the precision of each individual strike. Much like ISIS in Mosul, Hamas has embedded itself in the civilian population. It is impossible to defeat Hamas without harming civilians, and each new civilian death is a profound tragedy, one that unfolds in front of a watching world. It’s a testament to our shared humanity that one of our first instincts when we see such violence is to say, “Please, just stop.”

This instinct is magnified when the combination of the fog of war and Hamas disinformation can cause exaggerated or even outright false claims of Israeli atrocities to race across the nation and the world before the full truth is known. The sheer scale of the Israeli response is difficult to grasp, and there is no way for decent people to see the death and destruction and not feel anguish for the plight of the innocent.

David French

Israeli Prime Minister Benjamin Netanyahu formally rejected calls for a ceasefire. “Calls for a ceasefire are a call for Israel to surrender to Hamas, to surrender to terror, to surrender to barbarism,” Netanyahu wrote in the Wall Street Journal yesterday. “Just as the U.S. wouldn’t have agreed to a cease-fire after the bombing of Pearl Harbor or after the terrorist attack on 9/11, Israel will not agree to a cessation of hostilities with Hamas after the horrific attacks of Oct. 7.”

TMD

Order versus the Jungle

Order is a garden to be tended, but the jungle is the norm … The jungle is growing back. And we naive civilized folks, we couldn’t even start a fire without matches, much less feed or defend ourselves in the wilderness.

Damir Marusic at Wisdom of Crowds, quoting Robert Kagan.

A tacit elite bargain’s tacit limits

This item is from an October 12 column that I saved and only recently read:

The First Amendment, in its majesty, unambiguously protects the right of the best and brightest fringe-left Nazis on American college campuses to fantasize about Final Solution 2.0.

…

Nothing says “banality of evil” like having your enthusiasm for Jewish bloodletting cost you a cushy job at a white-shoe law firm.

…

Most graduates of schools like Swarthmore, UVA, NYU Law, and especially Harvard have a tacit bargain with corporate America. They get to be radically chic during their stay in the university playpen, and their future employers agree not to hold it against them provided that they leave it behind upon ascending to the very comfortable precincts of America’s professional elite. Screeching about the dispossessed can be forgiven as just another form of campus “experimentation,” but once you put on a tie and cash your paycheck, your priorities are expected to shift accordingly.

So imagine the surprise of the students who signed this week’s statements upon finding out that their bargain has an outer moral bound after all and that overt enthusiasm for war crimes crosses it. And imagine their outright shock upon realizing that “cancellation” isn’t a punishment American businesses reserve exclusively for right-wing thought criminals. Big Law, Wall Street, Madison Avenue, and the media industry may lean left on cultural issues, it turns out, but beheading infants is where they’re apt to get squeamish.

Which leads us to a possible bright-line rule on canceling Hamas apologists. If you’re cheering on mass murder, you’re fair game for cancellation.

…

So why do I find myself preferring—God forgive me—a balancing test instead?

Nick Cattogio, who actually has some good reasons for not categorically damning to hell every snot-nosed idiot who raises stupid and obnoxious to the N^th power.

Culture & Economics

Shrewd question

I read a NYT profile on Mike Johnson, which described the ADF as an “anti-gay rights organization.” Does the NYT refer to David French as a former employee of an “anti-gay rights organization” or would they refer to him as a former religious liberty attorney?

Hunter Baker on whatever-the-heck they’re calling it these days.

Blue checks

And whatever-the-heck they’re calling it these days, the poo-bahs with blue checks are not covering themselves in glory:

According to a NewsGuard analysis, Twitter’s ‘verified’ users, who now pay to have a blue check, pushed 74% of the platform’s most viral false Israel-Hamas war-related claims.

(Via Dense Discovery)

Where’s my zero-hour work week?!

If we were to believe all the clichéd marketing lingo about time-saving, our lives would now consist largely of uninterrupted leisure time.

In a recent post, Brett Scott argues persuasively that, far from making our lives easier, technology is making them faster and more discombobulated. To understand how this shift happens, Scott tells us to look at the issue from a systemic perspective:

We don’t just live in any economy. We live in a mega-scale corporate capitalist economy, and in such a setting technology is never used to save time. It’s used to speed up production and consumption in order to expand the system. The basic rule is this: technology doesn’t make our lives easier. It makes them faster and more crammed with stuff.

Dense Discovery

Trade-offs, people. No free lunches.

Shamelessly stealing?

Masimo argues that Apple’s reputation for innovation is undeserved and that the company has made a practice of “efficient infringement” — using other companies’ technologies without permission and dealing with the legal fallout as necessary. The company points to something that Steve Jobs, Apple’s co-founder, said in 1996: “Picasso had a saying. He said, ‘Good artists copy; great artists steal.’ And we have, you know, always been shameless about stealing great ideas.”

Peter Coy, on the successful patent infringement (Masimo’s pulse oximeter technology) case against Apple — a lawsuit that could take all but one (old) Apple Watch off the market come December 26.

Political

The antics of the contemporary GOP

Jonah Goldberg has spelled out a useful heuristic for getting one’s head around the antics of the contemporary GOP. To understand modern Republicans, he says, ask yourself: What would they do if they were trying to be a minority party? Nine times out of 10, that’s what they will do. It is as though they are trying to force moderates, “normies,” ordinary sensible people, and—if it comes to it—more or less up-and-down-the-line conservatives who just happen to have an aversion to coups to either stay on the sidelines or support Democrats.

Kevin D. Williamson

Prophetic

And so, goodbye, Donald J. Trump, the man who wanted to be Conrad Hilton but turned out to be Paris Hilton. Au revoir, Ivanka and Jared, Uday and Qusay — there’s a table for four reserved for you at Dorsia. So long, Melania — it’s still not entirely clear what you got out of this, but I hope it was worth it. A fond farewell to Ted Cruz’s reputation and Mike Pence’s self-respect, Lindsey Graham’s manhood and Fox News’s business model. In with “Dr.” Jill Biden, out with “Dr.” Sebastian Gorka.

Good night, ladies, good night, sweet ladies, good night, good night.

I’m sure we’ll all meet again. But I’d really rather we didn’t.

Kevin D. Williamson, Witless Ape Rides Helicopter, January 20, 2021 (emphasis added)

GOP Spam

Words cannot express how — ummmm — impressed I am at the ingenuity of the GOP (or someone pretending to be the GOP, but I doubt that, based on long experience) in coming up with a seemingly endless waves of spam email addresses to inundate me with praises of Speaker Mike Johnson, so that they can “honor” each of my reflexive unsubscribe requests without ever actually ceasing to flood my zone with shit.

Shorts

America is proof that populations can continue to “be religious” long after they have lost all conception of the sacred.

Matthew Dal Santo

Trump Says Pence Should Endorse Him After Former VP Suspends 2024 Campaign

Axios. Of course he does.

Osama bin Laden is dead, and General Motors is alive.

Joe Biden in 2012 making the case for re-electing Barack Obama (via David French)

A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable.