The shame of speaking only through a heckling mob, if limited to that

Recently the New York Times ran a constructive op-ed by Michelle Goldberg “The Worst Time for the Left to Give Up on Free Speech”, featuring a split demonstration poster demanding to “Shut Down Milo Yiannopoulos”.

The editorial makes a central point that democratic societies typically feel they need to take certain topics off the table as legitimate content for discussion. For example, the essay gives, the idea that women and people of color should be subordinate to white men (you can expand that to cis white straight men).  The editorial relates an incident at William and Mary recently where an ACLU speaker was heckled and disrupted for supposedly working for white supremacists, which activists demand there be zero tolerance for.

There are plenty of similar examples, such as bans on neo-Nazi speech in present day Germany.  The most obvious bans are usually intended to protect groups defined by race or religion (and sometimes ethnic nationality) from being targeted again by future political developments.

By way of comparison, many people believed, back in the 1950s, that there was a legal ban on discussing communism.  The federal government, for example, who not employ people who could not ascertain they had never been members of the Communist party. Communism could be banned if it was construed as embedding violence (or the attempt to overthrow the US government) as part of its definition (as compared to socialism, even Bernie Sanders style).  But Communism generally, as defined, did not target specific races or religions (although we can certain argue that Stalin persecuted people of faith, including Jews, and so did Communist China).

You could have a similar discussion about trying to overanalyze the roots of homophobia and gender or sexuality related discrimination and persecution in the past, and today in many authoritarian countries. Much of my own writing has dealt with this for the past twenty years, especially the three “Do Ask, Do Tell” books.  I’ve generally (as in my post here Jan. 4, 2017) offered arguments that a lot of it had to do with family patriarchs keeping their own confidence in their own power to have biological lineage (procreation).  I’ve also paid heed to the past public health arguments that got made in the 1980s in the early days of the AIDS epidemic, before the cause was identified.  In my writings I’ve paid particular heed to the history of military conscription and past deferment controversies.

A lot of people don’t appreciate my rehearsing the ghosts of the past (John Carpenter’s metaphorical “The Ghosts of Mars” (1995)), for fear that I could be legitimizing lines of thinking long thought debunked and bringing them back.  Sound familiar?  Is this what people fear from Donald Trump, or, more properly, the people he has chosen in his group?  (How about Mike Pence?)

Goldberg doesn’t go there, but the Left is in a real quandary when it wants to shut down all biological speech   The Left has demonstrated against and protested Charles Murray for his past writings on race and biology.  They object to James Damore for his Google memo on biology (whether this expression belonged in a privately owned workplace is a different discussion). They would probably object to Nicholas Wade’s 2014 book “A Troublesome Inheritance” (media commentary, July 24, 2017). But then what about the gay Left’s dependence on immutability to demand gay equality?  I do think there is scientific merit to discussion of genetics (especially with regard to gender identity) and epigenetics (especially with regard to sexual orientation, most of all in non-first-born men)   I don’t think that replaces libertarian ideas of focus on “personal responsibility”.  But if you want to discuss homosexuality and biology (as in Chandler Burr’s monumental 1996 book “A Separate Creation”) with possible political change as a result, you have to accept discussions of biology, evolution and race.  Admittedly, some people can skid on thin ice when they ponder these things, as they consider plans to have or not have their own children (eugenics used to be an acceptable idea a century ago).

That brings me back to a correlated area: that the identity of the speaker matters, as well as the predictable behavior of the listener of speech (possibly creating risk for the original speaker or others connected to him) — what I have called “implicit content”, a most disturbing and sometimes offensive notion.  The most obvious example in current events news is, of course, the manipulation of social media especially by the Russians to sow discord among different American classes or quasi-tribes, beyond simply influencing the outcome of the 2016 presidential election.  The Russians and other enemies used fake accounts and posted fake news in supposedly legitimate-looking news sites and in advertorials.  All of this follows earlier concerns about the misuse of social media, especially Twitter, for terrorist recruiting (by ISIS), as well as cyberbullying or stalking and revenge porn.  The Russians seemed to have noticed that Hillary-like “elites” would not pay attention if “deplorables” could be lured by silly, divisive supermarket tabloid-like content and false flags; elites tend not to care about people “beneath” themselves in this “mind your own business” world much until those people suddenly knock at the door for personal attention (which is something that happens to speakers who make themselves conspicuous, especially on social media).

You can raise a lot of questions here. Is fake news libel?  Maybe.  Litigation is often impractical because it involves criticism of public figures (actual malice, etc). You get to Trump’s ideas about using Britain’s standard on libel.  But a bigger idea is that the fake news fiasco shows why authoritarian leaders keep a tight lid on dissent, even on individual bloggers’ speech, perhaps maintaining that the dissemination of news to the public need be “licensed” to guarantee (alternative) “truth” (sic).  That hasn’t really happened with Trump, yet at least; Trump seems to admire individual speakers even as he hates the established liberal media.

A related idea is whether political ads, and whether commercial ads, are protected by the First Amendment the same way as other speech.  That topic was covered in the second session at a recent Cato conference (Oct. 3, 2017 posting here). Generally, the answer is yes. But this topic has become controversial with regard to campaign finance reform, long before Trump.

In fact, back in the 2002-2005 period, there was a concern that even “free content” of a political nature posted by bloggers like me could constitute illegal campaign contributions (as if not everything in life can be measured by money). The June 12, 2017 post here gets to that, as does this 2005 editorial in the Washington Times, which wormed its way into a major incident when I was working as a substitute teacher then.

That brings us to what I do, which is put out my own series of article and blog posts on the news, augmenting my three “Do Ask, Do Tell” books, under my own brand(s). No, this doesn’t pay its own way.  I have exactly the situation the 2005 Washington Times editorial was talking about.

I’ve been at this since the mid 1990s.  I originally entered the world of self-publishing as a way to participate in the debate over gays in the military (and the “don’t ask don’t tell” policy from Bill Clinton’s compromise that predates Trump’s current transgender ban controversy).   I made a lot of unusual, very individualistic arguments, often but not always consistently connected to libertarianism.  Generally, most of what I have said starts with the individual, apart from any group he or she belongs to. The first book sold decently (in 1997 and 1998, especially) but then became old hat.  The subsequent POD books have not really sold all that well, and I get hassled about it because “other people” can’t keep their jobs based on my books, I guess.  I did have the resources from a well-paid job and from stock market good luck under Clinton (Democrats can be good for the stock market, as Hillary’s elite knows). I got lucky with the 2008 crash and that turned out well for me.  (Short selling?)

But you see where this is heading.  In line with the thinking of McCain-Feingold, one person can have political influence, with no accountability for how the funds were raised.  I actually focused on issues, not candidates (which a lot of people seem not to get), and have very little interest in partisanship.  I could even claim that I know enough about policy and am temperate enough in my positions that I could function in the White House better than the current occupant, but I don’t know how to raise money for people, or for myself.  I but I know the right people to get health care to work, for example.  (Do the math first.)

Then, there is the issue of the left-wing boogeyman, “inherited wealth”.  Yes, I have some (from mother’s passing at the end of 2010).  My use of it could be controversial, and I may not have been as generous (yet) as I should be.  But I have not needed it to fund the books or blogs or websites. (I I had, that could be a problem, but that’s too much accounting detail to get into right here.  But I can’t just turn into somebody else’s safety net.)

I do get prodded about other things I “should” be doing, as a “prole”, because others have to do them.  Let’s say, accept “the free market cultural revolution” and prove I can hold down a minimum wage job (like in Barbara Enrenreich’s book “Nickel and Dimed”).  My life has its own narrative, and that narrative explains my personal goals now.  They’re my goals;  they don’t need to be anyone else’s.  I don’t need to appear on Shark Tank to justify my own “business model”.  But I’m corkscrewing into a paradox: if morality is indeed about “paying your dues” before you’re heard, then it’s really not just about group solidarity.

Both sides of a polarized political debate, but especially the Left, would like to see a world where individuals are not allowed to leverage their own speech with search engines the way I have (with an “It’s Free” paradigm, after Reid Ewing’s 2012 short film, where blog postings become “free fish”), but have to march in step with larger groups that they join.  Both sides want to force others to join their chorus of some mix of relative deprivation (the alt-right), or systematic oppression (the Left).  Both (or two out of three) sides want mass movements (as in Eric Hoffer’s 1951 manifesto, “The True Believer”). Religious groups often follow suit, demanding people join them in proselytizing (which is what an LDS mandatory missionary assignment is all about).  It is certainly personally shameful to walk in a (Charlottesville) torchlight march screaming “You shall not replace us”, but I find carrying anyone’s picket rather shameful.  Other’s will tell me, get over it.  Well, you get over it only if you’re on the  “right” (sic) side?  I won’t bargain away my own purposes.

To me, the existential threat is being forced or coerced (maybe even with expropriation) to join somebody else’s chorus, or hiding from personal responsibility behind a curtain of “systematic oppression”, to be allowed to speak at all. Some pleas for donation to political opinion sites (from both the Right and Left) make insulting, hysterical clams that only they can speak for me, as if I were impotent and had no right to my own branded voice.  They want to force me to join their causes to be heard at all.  It would be more honorable to become a slave on a plantation, or at least a minimum wage worker, whose turn it is now to be exploited just as he was once the undeserving exploiter, until dropping dead.  And then there is no funeral.

But, you ask, why not “raise people up” in a personal way, when they knock, in a way “you” had not considered before you were so challenged.  Is it up to me to make others “all right” in a personal way if others once did that for me?  Maybe. But that’s entirely off line. It doesn’t seem like “accomplishment” (maybe it’s a “creative” challenge for someone who did not have his own kids).  It doesn’t replace my mission of delivering my own content first.

(Posted: Monday, October 9, 2017, at 2:30 PM EDT)

EFF documents major issues with digital border searches

Electronic Frontier Foundation has two major entries this morning on the issues of border searches of electronic or digital devices and asking for social media passwords.

Stephanie LaCambia has a lead article “The Bill of Rights at the Border“) on the problem from the viewpoint of the Fifth Amendment (regarding self-incrimination) here.

She continues with a more comprehensive article on the First Amendment issues.  Here, she discusses anonymity as a part of free speech, and the importance of journalists protecting their sources.  One of the indirect concerns would be the fact that border searches reveal “expressive associations”  Of course, the government would come back and answer, what if that association involves ISIS?

Finally, she discusses Fourth Amendment concerns (illegal search and seizure) and the “default privacy rule” and “non routine” searches.

Gennie Gehhardt has a petition link at EFF “Social Media Passwords should not be a condition of entry into the U.S.”

My understanding (from a recent meeting at DC Center Global)  is that frequent business travelers even to Europe are being searched and that even US citizens (even native born) are sometimes searched. Even at the Canadian border there are issues for citizens.

Some people could find that lawful but culturally questionable searches (for example, about nudity or adult pornography) could raise serious questions. It’s possible that some searches or activity might be viewed as potentially unlawful out of context.

Also, personal friends (or their partners) have told me this, but some are beginning to consider citizenship as the easiest way to continue an international life based in the U.S.

Some in Congress do want to strengthen warrant requirements.

(Posted: Sunday, April 23, 2017 at 10:45 AM EDT)