liberty


The new landscape   Recently updated !

We have what we wished for. Now things change. The danger from Trump seems reduced, though he may now be more desperate than ever. The danger from the Democrats has increased. Opposing parties will control the White House and Congress, which is good.

The real battle is still one of ideas, the classical liberal or libertarian view against the centralized-power views of the left and the right. The pro-freedom position has lost ground to socialism and Trumpism. Changing people’s minds on a large scale is a hopeless proposition at present. The best we can do is to keep the case for freedom alive and make it available.

I’m not talking just about abstract philosophy and economics. Narratives are what motivate people, and we have the best narrative. The right has “Keep the nation free of foreign contamination.” The left has “You will be assimilated into the Collective.” We say that each individual is a unique value, the free human mind is a great force for well-being and prosperity, and we can get along with people who are different from us.

An especially satisfying way to advance liberty is to live by your principles. Avoid government handouts. Don’t make hypocritical exceptions. Be generous to friends and good causes if you can; that’s one way to keep taxes down.

I’ll work on getting more book reviews into this blog. The last one was in August, which is much too long ago. I’m getting through a book right now that looks like a good one to discuss, giving a much-needed perspective on history.


Voting for the enemy of the enemy

The Democrats have been doing their best to blow their advantage in this election. They could have aligned themselves with public outrage at Trump’s lawless, violent, irrational administration. They could have said that restoring a government that respects its Constitution and laws comes first, and other disagreements can be put off. They could have pointed at Republicans’ refusal to oppose Trump’s worst actions. I mean really showing the indignation which they should; listing “make ICE more responsible” or “I’m against the war” doesn’t count for much. But if they did that, they wouldn’t be Democrats. Instead, they’re following their standard party playbook, which consists mostly of promising people each other’s money.

Nonetheless, we have to hold our noses and vote for Democratic candidates, at least at the Federal level. The country is safest when the same party doesn’t control the White House and both houses of Congress. As long as Trump is president, the Democrats won’t be able to implement the worst of their schemes, and if they have majorities in Congress, they’ll probably vote against the worst of Trump’s. At least they won’t vote for his “dividend” program of giving us over a trillion dollars of each other’s money.

I’m talking about so-called “moderate” Democrats. DSA Democrats are actually worse than Trump. He wants to ignore the Supreme Court when it doesn’t suit him; the DSA platform calls for doing away with it altogether. If your choice is between a MAGA Republican and a DSA Democrat, the best advice I can offer is to stick your head under a blanket and scream.

For all the glowing predictions, things look uncertain in my area. John Sununu, who accepted Trump’s endorsement, has been leading in the Senate race. (Update: Recent polls show Pappas ahead.) DiLorenzo, who’s fanatical in his loyalty to Trump, is only a little behind Shaheen. In recent elections, Republicans have outperformed what the polls have predicted, so don’t be too confident.

It’s not much of a consolation, but the next two years will be less bad if Congress pushes back against secret police, illegal wars, and taxes by decree. What comes after that doesn’t offer much hope, but a Republican loss this year will buy us time.


A brief history of book banning

It’s Banned Books Week, so let’s look at the history of book bans in Europe and America. Here I’m sticking to actual bans by legal force. I hope to show that while not all banned books are praiseworthy, stopping their message by prohibition seldom has good results and often opens the way for broader bans.

The first book printed in Europe with movable type was the Gutenberg Bible, issued in the 1450s. Before that, there was censorship, but the technology to mass-produce books didn’t exist. In spite of some legends, Gutenberg’s edition was never banned; it used an accepted translation of the Bible, predating the Protestant Reformation’s competing translations. However, the Church soon began prohibiting books. François Rabelais and Niccolò Machiavelli were among the first targets of Rome’s wrath. The Index Librorum Prohibitorum, first issued in 1560 and revised many times, made the practice more systematic. The Church held legal power at the time, and distributing a prohibited book could result not only in eternal damnation but in confiscation and destruction of the books as well as other penalties.

William Tyndale’s translation of the Bible into English (ca. 1526) was banned under Henry VIII and burned. Tyndale was executed in 1536 for heresy.

Some books were permitted if offending parts were “expurgated” by blacking out or tearing out. Sometimes just the author’s name was removed, because it was the author and not the contents that had offended the Church.

Banning led to the licensing of books. In effect, books were banned by default, and only authorized ones could be printed. England’s Parliament adopted this practice in the 17th century. John Milton wrote the essay “Areopagitica” in 1644 to oppose the legislation. He argued that people need to be exposed to ideas they disagree with if they’re going to have any confidence in their own views. “I cannot praise a fugitive and cloistered virtue, unexercised and unbreathed, that never sallies out and sees her adversary.” His arguments will look familiar to today’s liberal opponents of prohibition and censorship.

Milton didn’t meet with much success. The Licensing of the Press Act of 1662, designed to stop “seditious” material, banned the printing of books without a license and severely restricted imports. The printer John Twyn was executed for treason in 1664. The law lapsed in 1694.

In France in the late 16th through 18th centuries, the publication of a book required royal approval. In practice, the authority was delegated. By the 18th century, many books were printed without explicit authorization. Spain may have had the strictest book censorship of any European country. The Inquisition kept a close watch on printers and booksellers, prohibiting works that promoted non-Catholic religious ideas.

In 1637, Thomas Morton published New English Canaan in the Netherlands, which had fairly liberal laws; the copies he had brought to London were seized. It was also outlawed in Massachusetts, and it’s often said to be the first book banned in England’s American colonies.

In 1873 in the United States, the Comstock Act prohibited a broad range of “obscene” books. That included not just books that mentioned sex, but information on birth control and abortion. A series of court decisions over the next century struck down nearly all its prohibitions.

In 1973, Daniel Ellsberg released the Pentagon Papers to multiple news outlets; the document was eventually published as a book. He was prosecuted under the Espionage Act of 1917, but all charges against him were dismissed.

The Nazi government of Germany in the 1930s and 40s practiced heavy censorship, especially of any works with Jewish connections. Books were burned in public. Modern Germany still bans some kinds of books, including pro-Nazi and Holocaust denial material.

Russia had heavy book prohibition under the Communists and has returned to those levels under Putin.

In spite of all that has happened in recent years, the United States has one of the highest levels of press freedom in world history. Attempts to exclude broad categories of books from libraries are a matter of concern, but they’re small potatoes compared to what we have experienced in the past and could experience again.

This article is the product of just a couple of hours of work. Apologies for any errors.


25 years ago: September 11, 2001

25 years ago, I drove to work in Woburn, Mass. When I got to the building, a crowd was gathered around a TV. All I could immediately gather was that Bush was saying something of great concern, and people were too distracted to explain it to me. After going up to the office I learned what had happened.

I had a window that looked east, and normally I regularly saw planes taking off from Logan Airport. The absence of flights for the next few days made the most direct impact on me. MASSFILC published a songbook, which I edited, in memory of the thousands of deaths.

Another kind of harm took longer to emerge, and it’s played out to the present. Congress passed the “temporary” Patriot Act, which is still in effect today. The TSA made life miserable for air passengers without being effective at catching threats. Congress created the Department of Homeland Security and ICE. A bus was stopped in mid-trip in New Hampshire, and passengers were given the choice of allowing a warrantless search of their luggage or being abandoned far from any bus station. The US government used lies to justify an invasion of Iraq. Warrantless domestic surveillance greatly increased. None of this did much to make us safer.

American society’s distrust of foreigners, especially Muslim foreigners, increased. Every president since 2001, including one who got a Nobel Peace Prize, has launched military actions in the Mideast. Trump has hit new levels of audacity, but Congress has long been in the habit of shrugging off presidential usurpations of the war-making power. “National security” has become the all-purpose excuse for power grabs.

The World Trade Center was only the most visible part of the damage which Bin Laden did. The effects on our society have been far more persistent.


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Book discussion: A History of Repeated Injuries

The founders of the United States objected to certain practices by the British government and declared independence to be rid of them. They didn’t entirely succeed, though. The eight essays in the Cato Institute’s A History of Repeated Injuries show that many of them have come back in new forms, harming us and infringing on our rights. Thus, the title applies in two senses: first in the sense the Declaration used, but also that they have been “repeated” many times since the Revolution supposedly brought them to an end.

The first article, “The Purpose and Limits of Government” by Roger Pilon, is different from the others. It presents an overview of libertarian ideas rather than addressing a specific problem. It makes some good points but attempts too much in too short a space. Pilon addresses some of the more difficult issues facing libertarians and offers answers, but it takes a longer essay, if not a whole book, to properly cover some of the matters raised.

The other pieces each focus on a specific concern of America’s founders and show how the nation has fallen short in addressing it. “How Plea-Driven Mass Adjudication Undermines Americans’ Right to a Jury Trial,” by Clark Neily, compares the guarantees in the Bill of Rights to the present state of affairs. The Sixth Amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” Today, most criminal cases don’t go to a jury trial. They’re resolved by plea bargaining, which in practice means you plead guilty to a lesser charge under the threat of having heavier charges brought against you. That leaves defendants, whether guilty or not, having to decide whether they should accept a shorter sentence or risk a much longer one if they demand a jury trial. The question becomes not one of guilt or innocence but of risk assessment.

“The Seventh Amendment Civil Jury Right and Agency Adjudication,” a short article by Thomas A. Berry, deals with another aspect of trial without a jury. Many legal penalties are levied by government agencies rather than courts. The administrative panels are tied to their parent agencies, so they’re prone to bias in their favor.

“A Revolt Against Discriminatory Taxation,” by Adam M. Michel and Joshua Loucks, is mostly about the history of taxation in the colonial period and the first few decades of the US government. It notes that the colonial complaints weren’t just about “taxation without representation” but also about unfair levying. For instance, the Boston Tea Party wasn’t just about the imposition of a tax by Parliament; the tax was set up to give a monopoly to the East India Company, which had an exclusive exemption. The article goes on to discuss early tax revolts, such as Shays’ Rebellion and the Whiskey Rebellion, and the motives behind them.

David Bier’s “The Founders’ Policy of Free Immigration,” deals with a topic that’s especially relevant today. The founders of the US positively encouraged immigration; one of the complaints in the Declaration was about “obstructing the Laws for Naturalization of Foreigners.” The article covers the history of immigration law. Until the 1880s, there were no significant restrictions. The first limitations were on Chinese immigration, largely motivated by racial stereotypes held by white Californians (and non-Chinese immigrants competing for jobs). It was only in the 1920s that strong limits on immigration became the default under US law.

“The Withering of the Old Republic — The Decline of Anti-Militarism in American Politics,” by Brandan P. Buck, deals with the growing militarization of the US through its history. The Founders strongly distrusted standing armies and involvement in foreign wars, and the Constitution has a sunset requirement for all military appropriations. There was strong opposition to the US entry into World War I, but such opposition as there was to World War II involvement collapsed. Perhaps Hitler was a special case, but even after that the US fought many more foreign wars than before — without declaring war even once. Truman personally dragged the US into Korea’s civil war, forcing many Americans into it, and Vietnam followed. Congress has increasingly let presidents conduct military action in foreign countries with open-ended authorizations of military force.

Douglas A. Irwin’s “The Founders’ Trade Grievances — and Today’s” overlaps with the prior article on taxation, but with a focus on trade restrictions. The relevant objection in the Declaration is “for cutting off our trade with all parts of the world.” The US imposed tariffs aimed at revenue from an early time, and they were a subject of controversy among many economic factions. Only one paragraph deals with the current tariff controversy.

“A History of Government by Executive Order,” by Brent Skorup, looks at the expanding scope and questionable constitutionality of executive orders by the president. Lincoln made unprecedented use of them during the Civil War, but it was only with Theodore Roosevelt that their use in normal times began to expand seriously. The president has been given broad power to act in an emergency, but “emergencies” are often loosely defined and become permanent conditions. Among the most notorious is Franklin Roosevelt’s Executive Order 9066, which sent Japanese-Americans not accused of any crime to concentration camps.

These articles are interesting, informative, and often alarming. The main problem is that they’re brief for what they aim to cover. A reader can use the book as a starting point for learning about these issues. It shows that many of the abuses of power we face today didn’t start with Trump. They’ve grown over many years, often getting little attention. The perspectives we get here should be more widely known.


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