Showing posts with label civil liberties. Show all posts
Showing posts with label civil liberties. Show all posts

Wednesday, November 22, 2017

Scott Greenfield On The Lowest Common Dominatrix

Home run:
There is a key detail here, one that eludes reason and pervades belief: that true or false, it’s true.

Perhaps what made Lindin’s twit different is that she openly said what many knew but denied. This has been the case for years with Title IX. This was the case when women, after Jackie in the Rolling Stone/UVA story, after the Mattress Girl melodrama, still argued in support of their victims. That these claims were false was of no consequence. They were true as long as women chose to believe they were true.
We are at a crossroads. Soon enough, this will become apparent, but it will take some more time before the cowed and fearful come to the only conclusion possible. There is no tenable way to allow this game to be played, whether in work, in school, on the streets or in the home, without committing yourself, you family, your future to potential doom.

You did nothing wrong? Great. You lose anyway. Explain to your friends, your spouse, your children that you aren’t a rapist, but they still won’t have food on their plate, shoes on their feet, because your job, your reputation, the future you spent your life building, was wrongfully taken from you because women are victims and should be entitled to their “truth” despite your innocence.

Wednesday, February 22, 2017

The End Of Milo Yiannopoulos

I probably shouldn't even bother with this one; Milo Yiannopoulos has finally supplied the rope for his own hanging, which in the end was unsurprising. It's unlikely I will get everything right about this story, filled as it is with lurid but stupid details, ones that in the end are deeply boring, precisely because Milo is at heart a troll. Whatever it is, he's throwing bombs for public attention, never more so than with his "daddy Trump" nonsense during the late election cycle. It was inevitable that one of those bombs would detonate on the maker.
Yiannopoulos, who was recently credentialed for a White House presidential briefing, once penned a Breitbart column to blame the left for defending pedophilia. Now, this newly released audio reveals him endorsing the practice (and praising priests who molest underage boys). In the clip, he describes a disturbing scenario, which prompts an unnamed person to remark, “It sounds like Catholic priest molestation to me.”

He receives this response from Yiannopoulos: “But you know what? I’m grateful for Father Michael. I wouldn’t give nearly such good head if it wasn’t for him.” Here’s more of what he said about pedophilia:
“We get hung up on this sort of child abuse stuff to the point where we are heavily policing consensual adults … In the homosexual world, particularly, some of those relationships between younger boys and older men — the sort of ‘coming of age’ relationship — those relationships in which those older men help those young boys discover who they are and give them security and safety and provide them with love and a reliable, sort of rock, where they can’t speak to their parents.”
 His response to this own goal error was at first to declare it a "witch hunt", adding an unhelpful non-clarification addressing anyone who found his earlier remarks distressing as "A note to idiots". This raised a lot of irrelevancies, did nothing to dispel his earlier remarks, and smeared anyone who might reasonably find in his comments support for pederasty. It's a poor workman who blames his tools, and Yiannopoulos' refusal to acknowledge his own failings was a huge missed opportunity. It might be his last. Having lost his book deal with Simon & Schuster, he's also had to resign from Breitbart amid stories circulating that other staffers would resign en masse if he didn't.

There are kinder takes on Yiannoupoulos, for instance this unsigned piece on Rare ("The Internet bully is himself a victim; perhaps the two are related"), or this essay from Current Affairs which treats his remarks about sexual contact with an older man in the context of historical gay man/young teen sex:
Yiannopoulos may not have made his point very well. But there’s something nuanced and defensible here. First, he’s saying that the relationships between gay men and teenage boys (according to their own accounts) have historically been messier than simple categories allow for. And second, it’s absurd to say that he can’t make dark or crass jokes about his priest if it’s his way of dealing with what happened to him.
One might agree with that if he were a better communicator. To accept that, you have to excuse his lack of clarity: which is it? Was his giving head to a priest at 13 a terrible thing? Or was it good in hindsight? We still don't know, and we have Milo the bomb-thrower's imprecision to thank for it. Ultimately, the problem with Yiannopoulos is he stands for nothing, only in opposition, i.e. he is largely if not entirely a reactionary.

Tuesday, August 23, 2016

The Wrong Jailers

Last Thursday, the Department of Justice announced it would cease using private prisons, an advance for those of us who think private incentives to imprison people have no place in a free society. Of course, this doesn't end them everywhere; the ACLU has a petition to terminate private prisons for captured illegal immigrants, a contract let by the Department of Homeland Security. And then of course there are the various states using them (the ACLU cites Texas and Louisiana as two that do), though such prisoners are a minority of the overall population.

But private prisons are by no means the only entities pushing to imprison people, as this 2015 Reason essay makes clear. In a review of a Washington Post story reporting that private prison companies CCA and GEO "have funneled more than $10 million to candidates since 1989 and have spent nearly $25 million on lobbying efforts", Ed Krayewski writes "there's a far larger lobbies [sic] invested in large prison populations—corrections officers and their associated unions":
The California prison guards union, for example, poured millions of dollars to influence policy in California alone—it spent $22 million on campaign donations since 1989, more than CCA and GEO have combined, and continues to push for prison expansions. The National Fraternal Order of Police, meanwhile, spent $5 million on lobbying efforts since 1989, more than GEO did. That's not to mention the American Federation of State, County, and Municipal Employees, which includes a "Corrections Union" and lobbies on behalf of all kinds of policies that seek to turn citizens into revenue sources for public employees. They've spent $187 million on campaign donations since 1989, making a far stronger case to be labeled the biggest lobby nobody's talking about than private prisons.
The AFSCME corrections union represents Federal prison guards, and a quick visit to their page makes clear their opposition to private prisons.  If, per the AFSCME, private prisoners represent 22,600 individuals, 12% of the overall population, we can assert a similar sized increase in the ranks of unionized jailers. Which is to say, the union itself has an interest in keeping people imprisoned, and has spent large sums doing so. The jobs it represents involve keeping people in cages, yet we hear nothing from the ACLU about ending public employee unions and their pernicious effects. Just as police unions remain the most strident foe of policing reform, prison guard unions make an awkward bedfellow when ending the War On Drugs is on the table. The modern left cannot see past its historical romanticizing of unions, and so this will not happen.

But let us return to the recent DOJ announcement. All those prisoners will be transferred to Federal jails, with union jailers. If convicts are serving time in whole or in part because of unnecessarily harsh laws and practices advocated by CCA et al. lobbying efforts, in what world is it just that the AFSCME should benefit from that? Isn't that so much tainted fruit? This vital question remains unexplored by the ACLU, who appear mainly concerned the Feds not employ the wrong jailers.

Update: A prescient blog post from Mimesis Law about the ACLU:
How different things are now, when the ACLU is at the head of the movement to restrict our rights. When a public university expels college students for saying something racist, the ACLU applauds. And when the federal government proposes a law to criminalize revenge porn, it’s down to party.

According to the civil rights advocates of today, one little tweak – a mens rea component – is all that’s needed to make the law constitutionally kosher. Never mind that revenge porn is speech. Never mind that it doesn’t fall into a category of exempt speech and is therefore constitutionally protected. Revenge porn is bad, and the ACLU opposes bad things, especially trendy bad things that intersect with feminism.
A lot more there, but the ACLU's complicity with rights suppression is of a piece with their increasingly liberal — not in the older sense — political outlook. I stopped giving to them years ago for this very reason.

Wednesday, February 17, 2016

The ACLU Comes Out Against Another Civil Right, Mens Rea

It's been a long while since I wrote any checks to the ACLU, and even then, I only gave to the nonprofit ACLU Foundation, which is the arm that files lawsuits. It might surprise some to learn that the ACLU proper is a 501(c)4 and engages in much politicking I despise, which informs their at first strange but entirely comprehensible rejection of the return of mens rea to criminal law. As explained in Gideon Yaffe's New York Times editorial,
As a legal principle, mens rea means that causing harm should not be enough to constitute a crime; knowingly causing harm should be. Walking away from the baggage carousel with a suitcase you mistook for your own isn’t theft; it’s theft only if you knew you didn’t own it. Ordinary citizens may assume that this common-sense requirement is already the law of the land. And indeed law students are taught that prosecutors must prove not just that a defendant did something bad, but also that his frame of mind made him culpable when he did it.

But over the years, exceptions to the principle have become common because mens rea requirements have not been consistently detailed in laws. In one often-cited case, the president of a company that mistakenly shipped mislabeled drugs was convicted of a crime even though he had no way of knowing that the labels were incorrect. In another, a truck driver crossing the Canadian border into Washington to deliver cases of beer was convicted of drug trafficking even though prosecutors produced no evidence that he knew or should have known that the truck had a secret compartment filled with drugs. In these cases and many more like them, the prosecution secured conviction without showing that the defendant had a guilty mind.
ACLU Executive Director Anthony D. Romero objected that
These plans, if implemented, would require prosecutors to prove that a defendant was aware of the illegal nature of his or her actions and intended to cause them. Proving such intent would be nearly impossible for many financial, environmental and regulatory crimes but relatively simple for drug and property crimes
In other words, because such a law could defend rich white guys, because we want to convict people we know are guilty despite their own knowledge of the facts on the ground (and mental state, therefore), we would rather throw out the whole legislation. It's hard to express just how corrupt and political the ACLU has become, but there it is.