There Is No Right to Free Speech

Lately, I’ve been spending an inordinate amount of time dealing with goofballs like Peter Van Buren and Robby Soave — goofballs who have persuaded themselves that there exists a "right to free speech" that libertarians must defend. This has put them in the awkward position of supporting governmental expropriation of private property in the former case, and saying word miasma like "the university is failing to cultivate an environment of maximally free speech" in the latter. Both could have been avoided with a few moments’ reflection, since the abstract "right to free speech" is a nonexistent right that finds no support in libertarian theory.

This seems unusual to people, since we’ve all had it drilled into our heads since childhood that the right to speak freely is the cornerstone of democracy and apple pie and mom and so on. Now, there’s a sense in which this sort of free speech rah-rahing is correct; it is the case that the government should not be policing speech, and if what you mean by "the right to free speech" is simply that the government doesn’t lock you in a box for saying unapproved things, then, sure, libertarians will get behind that. Pretty much anything that involves fewer people locked in government boxes is a winner with us. That’s not the way libertarians use the term "rights," though; since we have this stubborn tendency to view the state as illegitimate, we tend not to view rights as reprieves granted to us through the forbearance of our overlords.

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There is a huge contradiction in the witness' testimony!

Hello Darkness My Old Friend

The mincing communists over at Salon gave all four of their readers a bad case of the vapors a few weeks ago by calling on Twitter to ban Donald Trump. Their reasoning? He’s, like, rude and stuff. This sort of clueless line-toeing is par for the leftist course with Salon, to be sure, and I don’t intend to waste my time or yours refuting it, not least because I think it would be quite frankly hilarious if Twitter were to ban a popular celebrity loudmouth who will, in a few weeks, also be the sitting president of the United States.

No, what I’ve come to talk to you about today is Peter Van Buren, who is normally a reliable foreign policy commentator, but has apparently acquired some type of Trump Derangement Syndrome Derangement Syndrome, as he’s written an entirely madcap article entitled "Ban Trump, Twitter, and Free Speech" in which he seems to claim that the First Amendment compels the government to nationalize Twitter. You think I’m making that up? You tell me:

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Get it Right

There’s a meme going around social media that you’ve probably seen mocking the ninnies who can’t stop crying about the electoral college. Of course it’s the case that this is just a bunch of sore losers complaining that their team only lost because the rules weren’t fair, and mocking them is fine, but that’s not the point. This meme, in attempting to explain the purpose of the electoral college, states that "there are 3141 counties in the United States. Trump won 3084 of them. Clinton won 57." This is an absolutely shocking piece of information, and it very well should be, since it’s completely false. While I’m certainly no fan of the horrors of unbridled democracy, and I certainly believe that the people promoting it need to be refuted at every turn, it’s at least as important to make sure that we’re refuting them with the truth and not with our own comfortable lies.

There are 3112 counties or "county equivalents" in the United States that reported voter data for the 2016 presidential election. Of those counties, 2622 of them went for Trump, and 490 for Clinton. This is a massive majority in favor of Trump, of course, but it’s nowhere near the absurd figure of only 57 counties for Clinton. For pity’s sake, Clinton won 33 counties in California alone. She won enough counties to generate the famous Clinton Archipelago, after all, not the Clinton Invisible Dot Coalition.

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Should Libertarians Spank Their Children?

Walter Block is at it again. I do understand that I’m running the risk of turning this site into a commentary volume on the collected works of Walter Block; I soldier on regardless, since Dr. Block is once again staking out a position that many libertarians find repellent, in this case the spanking of one’s children. Among many libertarians, spanking is held to be an obvious violation of the non-aggression principle, and it’s not hard to see why; the actual hitting of another human being does appear to be a fairly clear case of aggression. Here, however, Dr. Block makes the case that not only is spanking not necessarily a violation of the NAP, but that it would be defensible even if it were.

Children (and the mentally handicapped, the senile, etc.) are not yet (will never be, unless somehow cured) full rights bearing human beings. It is licit to use force, violence, whatever, "against" them, for their own good, of course. To not do so is to abnegate parental, guardianship obligations.

On the face of it, this seems rather stark and no small amount arbitrary. After all, the argument could well run, at what point do "children" become "not-children" and therefore acquire full rights? At what stage of mental handicap do rights begin to decay? Set aside the borderline cases for the moment, though, and consider the other extreme. To allow Dr. Block to explain:

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Liberty and Justice

In the early stages of her career, Agatha Christie was known for writing engaging whodunits full of lively characters and utterly madcap plot twists. As she matured as a writer, however, Dame Agatha became less interested in zany new ways to kill the dead bodies, and more interested in pursuing heady philosophical investigations about the nature of justice. Many of the stories from her middle period have barely any mystery to them at all; the cast is so small and the events so clear that the focus becomes less on trying to figure out who the killer is and more on investigating the killer’s motivation and that of the detective exposing the truth — as often as not that indefatigable Belgian, Hercule Poirot.

All of which brings us to Curtain. Written at the peak of Dame Agatha’s career (though not published until the end), Curtain opposes Poirot with a villain who is utterly and unapologetically evil, who commits heinous crimes for the sheer pleasure of it, who cannot be dissuaded, and whose crimes, by their very nature, are beyond the reach of the law. If you’ve never read Curtain, beware the rest of this post, as it will be filled with spoilers. If you have, however (or if you don’t care), read on as we explore what Dame Agatha had to teach us about the relationship of justice, the non-aggression principle, and morality.

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The Tale of a Thief

(With apologies to Robert Nozick)

Let us begin at the beginning. We stipulate that you live in a house, and in your house is a television. You own this television free and clear. One day, you go away on vacation, and I (without your permission, of course) smash in your front window, take the television, and leave. I submit that this is a clear case of theft: I have stolen your television. Your television, which is unambiguously your property, has been ferreted away in the dark of night without your consent.

Now let’s mix things up a bit and see what shakes out.

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WHERE... ARE... MUH...

All Romes Lead to Roads

One of the foundational questions libertarians need to have a response to is the ever-popular "who will build the roads?" The question has a sort of superficial plausibility to it; most of the roads we see in our daily lives, after all, were built by, and are allegedly maintained by, some government or other. There is, however, no substance to the idea; the best and most concise explanation of how absurd this question is was given by Tom Woods, who said:

"Who will build the roads?" is the question that belongs at the top of every libertarian drinking game. If we didn’t have forced labor, the argument runs, there would be no roads. There’d be a Sears store over there, and your house over here, and everyone involved would just be standing there scratching their heads.

Clearly roads are a socially desirable good, and, given that it’s rather a challenge for people to get to work or go shopping — which is to say: produce or consume — without them, there’s quite an obvious and powerful incentive to build them. It should go without saying that, even in the absence of coercion, roads would get built. As to the specific question of who would build them, here it’s important for libertarians to be cautious; there’s a natural tendency to push the argument too far and attempt to outline some scheme by which we imagine the roads could be built, but, in reality, the most a libertarian can say in response to "who would build the roads if not the government" is "somebody else."

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Stop Resisting! Stop Resisting!

Dr. Walter Block made waves recently with his claim that stop-and-frisk policing is compatible with libertarianism. On the surface, the claim seems entirely lunatic; surely Judge Napolitano is correct when he labels it the act of "an authoritarian police state." One thing I’ve learned over the years, though, is that, while one may not always agree with Dr. Block, it is always and everywhere a mistake to disregard him. If Dr. Block thinks a thing, it should be regarded as a position reasonable people may hold, and this is no exception. So we can stipulate that it’s reasonable, but is it correct?

First, we should dispense with the case of private police. If the police are entirely private, operating on private property, then there is clearly no libertarian case to be made against stop-and-frisk. If it is my property, I can set whatever conditions I desire on its occupancy, and that includes submission to random pat-downs. If you don’t wish to submit to my stop-and-frisky police, then your solution is simple: leave (or do not enter) my property. Is this "authoritarian?" Perhaps, but it should be noted that a proper libertarian society would permit such pockets of authoritarianism as long as the authoritarians restrict themselves to being authoritarian over their own property.

That aside, we turn to the more difficult question: can a libertarian support a stop-and-frisk policy among government police in a non-libertarian world? It seems difficult to see how, but Dr. Block provides the following argument, after "stipulating that the purpose is not to stop victimless crimes like drug selling, but, rather, crimes with victims such as rape, murder, theft, etc.:"

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Against Socialism

Libertarians do a terrible job fighting against socialism, but the tragedy of it is that we think we’re winning. In the end, though, it’s impossible for us to win as long as we fail to understand our opponents, which is the key problem; libertarians devote so much time to fighting against Bernie Sanders and Kshama Sawant and their idiotic promises of free this and free that that we come to identify the "free stuff" mentality itself as the heart of the socialist ideology. Don’t get me wrong, now; Bernie is wrong, as any fule kno, and it’s important that we keep pointing that out, but smashing dopey politicians is playing the short game. The long battle is fought by the philosophers, and no serious Marxist philosopher bases his philosophy on a foundation of "rich people will pay back your student loans."

We libertarians are often fooled into believing that we can smash the socialists forever by pointing out that socialist economies are notoriously unproductive, and that a hundred million people starved to death under their reign in the last century. While that does pretty effectively blow up the bumper-sticker socialism of a Sanders or a Sawant, it should be noted that, as a philosopher, Bernie Sanders makes a great long-distance runner, while "Kshama Sawant" is a Hindi phrase meaning "intellectual lightweight." Just because those two goobers have literally no comeback at all when faced with the obvious failures of real-world socialism doesn’t mean that the serious thinkers haven’t considered the problem. They have — and the answer they’ve come to is so far afield of what libertarians are used to dealing with that we basically don’t even realize it’s there.

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Free to Serve

Let’s begin today by going back to everybody’s favorite whipping boy, Gary Johnson, and everybody’s favorite subject, compulsory gay wedding cakes. Here’s a portion of the recent interview with Johnson conducted by Reason’s Nick Gillespie:

GILLESPIE: Let’s talk about your stance on religious-liberty issues, which has angered a lot people on the right and many libertarians. Your position is that you essentially want to extend anti-discrimination protections for race and gender to cover sexual orientation when it comes to businesses that are open to the public. Yet you support an opt-out for vaccinations. Why not support an opt-out for the religious owner of a business who doesn’t want to bake a gay Nazi wedding cake?

JOHNSON: Because it would create a new exemption for discrimination. At the end of the day we’re just going to agree to disagree. But you bring me specific legislation dealing with a cake baker not having to decorate a cake for a Nazi and I’ll sign it.

At the risk of being deliberately misquoted by the New York Times, I’m compelled to point out that if there exists a group in the modern Western world that is the consistent victim of unremitting, crushing discrimination, Nazis are that group. Nazis are so relentlessly discriminated against that here we have anti-discrimination law champion Gary Johnson, in the middle of his screed about the evils of discrimination and the important role government can play in fighting it, pausing to explain that he believes the anti-discrimination laws themselves should discriminate against Nazis. That, my friends, is some hardcore discrimination.

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