Category Archives: Freedom/Privacy

The only way to defeat Trump and his supporters

It’s about tribalism. You cannot work with Trumpists. Period. You must defeat them and then fix the problems that handed them control.

It is useless to attempt to reason a man out of a thing he was never reasoned into. – Jonathan Swift

Since the moment of Campaign 2016 when it became clear that Donald Trump actually had a chance, a lot of people have done a lot of thinking and pontificating and punditofying and writing and hand-wringing about the reasons for his viability. On one end of the spectrum: Donald gave the drooling, racist, misogynist, xenophobic, ignorant, anti-intellectual, hillbillies a cynical, smirking, dog-whistling charlatan they could line up behind. On the other, we’ve had all manner of thoughtful, complex analyses about how economic anxiety (and utter despair) fueled the rise of a non-partisan populist backlash against a political establishment that has spent decades betraying those it represents.

Both versions are compelling because each was built on a measure of observable truth. Read more

HB2 cost NC a lot more than $3.76B

The AP says the “bathroom bill” cost North Carolina $3.76 billion. The real damage is likely much, much higher.

The AP yesterday released an analysis indicating that reaction to North Carolina’s discriminatory HB2 – the “bathroom bill” – cost the state a staggering $3.76 billion in lost business, projected over 12 years. That’s a remarkable hit to economy, but as I read the full details of how the AP arrived at that number, I can’t help wondering just how badly they underestimated the true damage that former governor “One Term” Pat McCrory and the rest of the jackals in the state GOP caused NC.

Have a look at the WaPo article linked above, then consider: Read more

Lyft's anti-Trump letter and ACLU support illustrate how American companies ought to behave

delete-uber#deleteUBER: When we use them we directly support anti-competitive and unconstitutional behavior.

Uber is a douchebag company run by douchebags. I first realized this when I learned of their willingness to play really, really dirty with competitors.

Uber employees allegedly posed as customers ordered and then canceled rides from Lyft, decreasing Lyft drivers’ availability, wasting time and gas, and possibly sending real customers to Uber instead. Lyft told CNNMoney in August that 177 Uber employees—contractors armed with a burner phone and a credit card—ordered and canceled more than 5,000 rides.
Read more

The LL Bean/Trump row: time for (another) free speech lesson

You have the right to speak. You have no right not to be disagreed with.

Let’s start with a brief quiz.

Bob says X. Fred says no, X is wrong. Has Fred:

a) infringed Bob’s free speech rights, or
b) engaged in free speech the way the Framers intended?

Answer below, in case you don’t understand how freedom works.

This isn’t a big deal, really, but I saw something this morning that reminded me just how little Americans understand liberty. So I thought I’d offer a brief refresher for those who slept through Civics class.  Read more

Examining a cynical, fake-patriotic Facebook meme

Instead of making yourself a tool for those whose agendas run counter to the best interests of the nation that flag represents, how about stepping back and asking  who’s playing you, and why?

This meme came across my Facebook feed earlier today.

facebook-arrechaga-meme

Obviously somebody has an issue with Colin Kaepernick (and other black athletes) protesting injustice in America by refusing to stand during the national anthem. Read more

Security vs privacy: RadioLab and the case for the surveillance state

Homeland Security PrecrimeWe all love freedom and the Constitution. But is it really that simple?

I’m a huge fan of a good debate. And by “debate” I don’t mean the sort of ginned-up scream-lie-and-spinfests we have come to associate with the term in the past few decades. No, I mean spirited, intelligent, thoughtful exchanges between parties with honest, good-faith disagreements. Lucky me, I tripped across one today.

My new friend – the lovely Christine – recently turned me onto RadioLab, and I’ve been streaming some of their podcasts while I work out. Today I listened to one that’s as fascinating as it is disturbing. It’s called “Eye in the Sky,” and if you’re plotting any crimes I suggest you give it a few minutes of your time before you pull the trigger, so to speak. Read more

Allen West defends Donald Sterling; sadly, he doesn’t even understand his own conservative ideology

FOX News contributor and former GOP Congressman rides to racist Clipper’s owner’s defense, ignorance in hand.

If you’ve been paying attention for the past few years, the idea that Allen West is wrong about something is hardly news. His latest public opinion, though, is more than a little baffling because in this case he seems not to understand how conservativism works.

Here’s his take on the whole Donald Sterling trainwreck. Now, I’m not going to argue the idea that we ought to have some privacy, and while you’d never hear the kind of corrosive bile coming out of my mouth that you heard from Sterling if you taped my every word for a million years, it’s certainly true that I’d be annoyed if someone secretly recorded a private conversation and then released it into the wild. Read more

Brendan Eich case raises free speech issues for people who don’t understand how free speech works

No, Virginia. Intolerance of intolerance isn’t the same as intolerance of human beings.

When it became public that recently appointed Mozilla CEO Brendan Eich had donated to the controversial anti-gay rights Prop 8 initiative in California back in 2008, things – as we used to say back home – blowed up. Rarebit yanked an app from the Mozilla marketplace and in a highly visible move, dating site OK Cupid asked its users not to access the site with Mozilla’s Firefox browser.

Eich fought back, and we witnessed a couple of days of textbook crisis management as the company (and its under-fire CEO) worked to convince the world that a person’s official and personal beliefs can be compartmentalized – that is, you can be anti-equality in your private life but suitably inclusive at work. Read more

Edward Lucas “Snowdenista” piece in the Wall Street Journal is the most dishonest thing you’ll read today

Snowden, Assange, Greenwald, and anyone else who believes that NSA spying on American citizens is wrong is a tool for Mother Russia. Makes sense.

Edward Lucas of the Economist. #wanker

I just read Edward Lucas’s Wall Street Journal piece entitled “A Press Corps Full of Snowdenistas.” I can’t honestly say if Mr. Lucas is a liar, an idiot, or simply a guy who’s a little too captive to the security state party line to see past his own dogma. We’ll be charitable for the moment and assume the latter, although “wild-eyed apparatchik” is hardly something to aspire to.

The premise of his rant is more or less summed up with this: Read more

The New Constitution: did I miss one?

I saw a Free Bradley Manning sticker on a car as I walked my dog this morning and it got me to thinking. Some months back I produced the New Constitution series, which set forth the principles upon a more just and workable American government might be based. The final “deliverable,” as we say in the business world, was 20 articles – some barely modified from the original Bill of Rights, some more aggressively revised, and some that are entirely new.

What that sticker and my morning walk have me wondering is if I need to add a 21st amendment protecting whistleblowers. Read more

Dear NSA: I need a little help with this Obama/Putin Nobel Peace Prize post

Dear NSA.

You probably saw Russ’s piece yesterday on Vlad Putin being a possible for the Nobel Peace Prize. Yeah, I know, what a hoot, right? And you saw my comment on how they might as well give it to him because they jumped the shark when they gave it to Obama in 2009.

Anyway, this got me to thinking about doing a post on “Nobel committee jumps shark,” or somesuch. I mean, Obama hadn’t done dick at the time and since then his record has to have the Nobel folks wondering if there’s a way they can take it back. Enhanced interrogation, doubling down on every bad idea Bush ever had, the NSA mess, and now agitating for an invasion of Syria?

I recall writing about what a joke Obama’s Nobel was back when it was announced in October of ’09. I thought I had blogged it, but a search this morning reveals no such post. Which means it was instead a back-channel e-mail to our private S&R staff mailing list on Google groups. I’m damned if I save back e-mails for four years, but it occurred to me that you guys probably do.

So what I’m wondering is if you can do a quick search of my archive for October 2009 and find that e-mail for me? I can always do a post and say that “four years ago I said ___________,” but it’s a lot more effective if I can actually quote what I said.

If you can find five minutes to help a citizen out I’d be grateful. Hope you guys are doing well, and if I don’t hear from you today have a good weekend.

Sam

The New Constitution: comprehensive statement of principles (draft)

CATEGORY: The New ConstitutionThe original plan when we began this project was to offer the amendments individually, invite discussion, then produce a final document. The course of the process, though, has made a couple things clear. First, there needs to be a period to discuss the entire document in context, and second, while the original “Bill of Rights” approach perhaps had a certain formatic elegance about it, the project is better served by a less formalized articulation of general principles.

As a result, what follows is a restructured draft that accounts for the discussions so far and that also adds some new elements that have arisen since the process launched.

We will compile a final statement of principles out of this discussion.

_____

1)    Organization, Composition and Conduct of Government

a)     Proportional Representation

i)      No political party representing a significant minority of the electorate – and here we suggest five percent as a workable baseline – will be denied direct representation in the legislature.

ii)     All legislative bodies shall be comprised proportionally according to the populations represented and all elected officials should be selected by direct vote of the people.[1]

b)     Public Financing of Elections

i)      In order to eliminate the corrupting, anti-democratic influence of corporate and special interest money on the electoral process, all elections shall be publicly financed. No individual will be allowed to contribute more than a token sum to an official, candidate or political party (perhaps the cap could be in line with the current $2,000 limit for contributions to presidential candidates).

ii)     All corporate, commercial and other private or publicly held entities shall be forbidden from contributing directly to any official, candidate or political party.

iii)   All citizens and collective entities are free to designate a portion of their annual tax contributions to a general election fund.

iv)    No contributions to the electoral process shall be allowed by foreign interests, either individual or institutional.

v)     Election funds shall be administered on a non-partisan basis and no candidate or party demonstrating a reasonable expectation of electoral viability shall be denied access to funding.

c)     Secular Government

i)      The government of the people shall be expressly secular. No individual, religious or quasi-religious entity or collective engage or seek to influence the course of legislation or policy in accordance with theological creed.

ii)     No government edifice, document, collateral, communication, or other production, including currency, shall make reference to religious concepts, including “god.”

iii)   No one shall, in any legal context, including legal processes or oaths of office, swear upon a sacred text.

iv)    Oaths of office shall explicitly require officials to refrain from the use of religious language and dogma in the conduct of their duties.

v)     No government funds shall be spent to compensate employees who exist to serve religious functions. This includes, but is not limited to, the office of Chaplain in various military bodies.

vi)    No religious institution shall be eligible for tax exempt status.

d)     Oversight of Covert Activities

No governmental entity shall conduct secret or covert proceedings absent ongoing oversight by a multi-partisan body of popularly elected officials.[2]

e)     Federal Autonomy

No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution.

2)    Individual Freedoms

a)     Free Speech, Press and Religion

i)      No government, corporation, commercial or private entity shall abridge an individual’s legitimate exercise of free speech. This includes all political, social and civic speech activities, including those criticizing the government, corporations and business entities and other collective organizations.[3]

ii)     The right of the people peaceably to assemble, especially for purposes of protest, and to petition for a redress of grievances will not be infringed.

iii)   The health of the nation depends on a vital independent check against public and commercial power. As such, no government, corporation, commercial or private entity shall be allowed to abridge the rights of a free and unfettered press.

iv)    Congress will make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

b)     Equal Rights Under the Law

i)      No governmental, corporation or commercial interest, or other private organization shall deny to any enfranchised citizen the rights or privileges accorded to others.

ii)     The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

c)     Freedom from Surveillance

i)      All individuals shall enjoy the right to privacy and freedom from systemic surveillance by governmental entities in the absence of a legally obtained warrant articulating probable cause against the individual.

ii)     The right of the people to be secure in their persons, homes, papers, data, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

iii)   All individuals shall enjoy the right to privacy and freedom from systemic surveillance and data gathering by corporate, commercial or other private or public entities unless they have specifically opted into such programs.

d)     Basic Human Rights

All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity.

3)    Conduct of Business and Commercial Interests

a)     Legal Standing

No corporation, business interest or any other collective entity shall be accorded the rights and privileges attending citizenship, which are reserved expressly for individuals.[4]

b)     Public Interest Standard

No corporate, commercial or other private or governmental entity shall be licensed, accredited or incorporated absent a binding commitment to serve the public interest.[5]

c)     Lobbying Restrictions

i)      In order to further the public’s interest in a free and independent legislature, elected officials shall not be allowed petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a significant period of time after the conclusion of their terms.[6]

ii)     No person shall be allowed to assume a position charged with regulatory oversight of an industry in which they have worked in the past five years.

iii)   No elected official shall be allowed to assume a position on any legislative committee charged with oversight or regulation of an industry in which they have worked or held financial interest for the past five years.

d)     Collective Bargaining

i)      All workers shall have the right to organize for purposes of collective representation and bargaining.

ii)     In any publicly held commercial interest where a significant percentage of the workforce is represented by a union, the workers shall be entitled to representation on the corporate board of directors.[7]

4)    Citizen Responsibilities and Service

a)     Mandatory Service

i)      All citizens will, upon attainment of their 18th birthdays, enroll in a two-year program of public service, which may be fulfilled with either civic programs or the armed forces.

ii)     Enfranchisement will be earned upon completion of the public service commitment and a demonstration of a basic understanding of principles informing the political and policy issues facing the nation and the world.

b)     Right to Arms

i)      The right of an individual who has completed a two-year military service commitment to keep and maintain firearms appropriate to the common defense should not be infringed. [8]

ii)     The Federal government will establish guidelines by which enfranchised citizens may obtain firearms for reasonable purposes of sport and self-defense.

5)    Justice System

a)     Due Process and Fair Trials

i)      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ii)     In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

iii)   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; defendants shall have the right to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

b)     Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


[1] This disposes of the Electoral College.

[2] An alternative might be to entrust the public court system with the decision. Make all documents automatically become public in N years (and make destruction a federal felony) but the government can petition a federal court to hold them as secret. Court uses a strict scrutiny standard to continue secrecy, advocates for release present arguments and can appeal a secrecy decision (no appeal on orders to release). (Submitted by Evan Robinson.)

[3] This does not prevent said entities from policing explicitly illegal behavior, such as theft of proprietary information or sexual harassment. (Suggested by Carole McNall.)

[4] This item overturns the Citizens United case.

[5] This item eliminates the narrow “interest of the shareholders” doctrine emerging originally from Dodge vs. Ford.

[6] It is suggested by multiple commenters that “a significant period of time after the conclusion of their terms” might best be changed to “forever.” This is a perspective with some merit. In truth, though, we’re discussing a body of people who possess expertise that can, in the right circumstances, be of benefit to the people. A term of five years, for instance, might serve to rid the system of revolving-door corruption without permanently eliminating the possibility that a highly qualified individual may be able to contribute to the public good.

[7] This practice is common in Europe and promotes an environment of collaboration, instead of confrontation, between management and labor.

[8] Weapons systems are constantly evolving and we are now perhaps within a generation of the point where lasers, thermal lances and other currently experimental man-portable devices might be viable. The term “firearms” in this document should not be construed as limited to the sorts of projectile weapons we’re familiar with, but should instead be taken in a broader context. (Suggested by Rho Holden.)

Acknowledgments

The New Constitution has been a long time in the making, and it would be the height of arrogance to suggest that I reached this point on my own. In truth, I’m an intensely social, extroverted and associative thinker, which means that if I have an interesting idea, it probably emerged from interactions with one or more other people. This is why I work so hard to surround myself my folks who are as smart as possible. If they’re brighter than me, as is often the case, that’s all the better because that means there’s more opportunity to learn.

Some of the people in the list below are known to readers of S&R and others aren’t. Some have played a very direct and active role in my political thinking in recent years, and others contributed less obviously in conversations, in grad school classes, in arguments and debates over beers, and so on. In fact, there are undoubtedly some on the list who will be surprised to see their names, but trust me, each and every one of them helped me arrive at the present intellectual moment. This doesn’t necessarily mean they all endorse the project or want their names attached to it, so if there are things that aggravate you, please direct those comments at me and me alone.

All that said, many thanks to:

Brian AnglissFrank BalsingerDr. Jim BoothDr. Will Bower

Dr. Robert Burr

Gavin Chait

Dr. Lynn Schofield Clark

Dr. Erika Doss

Dr. Andrea Frantz

John Hanchette

Sam Hill

Rho Holden

Dr. Stuart Hoover

Dr. Douglas Kellner

Alexi Koltowicz

Dr. John Lawrence

Dr. Polly McLean

Carole McNall

Stuart O’Steen

Alex Palombo

Dr. Michael Pecaut

Dr. Wendy Worrall RedalEvan RobinsonSara RobinsonKristina Ross

Dr. Willard Rowland

Dr. Geoffrey Rubinstein

Mike Sheehan

Dr. Greg Stene

Jeff Tiedrich

Dr. Michael Tracey

Dr. Robert Trager

Dr. Petr Vassiliev

Sue Vanstone

Angela Venturo

Dr. Frank Venturo

Pat Venturo

Russ Wellen

Cat White

Dr. Denny Wilkins

Lisa Wright

Bush III: Obama’s deteriorating legacy

Way back in March of 2008, as the campaign was running in high gear, I made clear that while I wasn’t in love with the Democratic frontrunners, the emerging alternative was worse: John McCain represented the third Bush presidency.

I was undoubtedly right. But… You knew there was a “but” coming, didn’t you?

Poppy. Dubya. And now Barack. I was right – the 2008 election gave us the third installment in the Bush Dynasty.

Perhaps we’ll get to see Colin Powell back in front of the UN again soon…

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