We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

So, Mr Dorsey and Mr Zuckerberg, how are your fact checkers getting on with that New York Post story about Hunter Biden?

“When will they be reporting? Surely not after the election?”
“What have they found out so far?” You know you could check on the veracity of the emails by asking other recipients – have you done that?”
“Have you liaised with the FBI regarding the progress of their no doubt rigorous ongoing investigation of the material found on the computers?”
“Why was the dissemination via your platforms of illegally obtained material not a problem for the New York Times when it released a ‘trove’ of Donald Trump’s tax returns at the end of September?”
“Why was the dissemination via your platforms of leaked material not a problem when someone leaked Christine Blasey Ford’s confidential letter to Senator Dianne Feinstein that accused Brett Kavanaugh of sexual assault?”
“Oh, and about that whole Russian collusion story about which we heard so much on Facebook and Twitter but which turned out to be nothing…”

I would so enjoy seeing the Senate Judiciary Committee make the cool, hip founders of Twitter and Facebook squirm with a barrage of questions that laid bare their revolting left-wing billionaire hypocrisy, before swatting away the law they have been hiding behind to censor their political enemies while pretending to be mere providers of a means of communication. The Republicans are as mad as hell and they ain’t gonna take it any more. Yay! Go Republicans! And Go Democrats, too, because Joe Biden wants to revoke Section 230 of the Communications Decency Act too. So now that all sides agree, let’s do this thing!

Or perhaps not. All laws passed to acclaim from both sides of the aisle turn out badly. It is a law of nature, like Boyle’s or Murphy’s. Besides that, as Andy Kessler argues in the Wall Street Journal,

…if we repeal 230, we’ll end up with more censorship. Why? Because if platforms are suddenly liable for everything posted, the knee-jerk reaction will be to take down everything questionable, leaving us with giant receptacles of Baby Shark videos, which would diminish the channels small businesses use to reach customers. Then, say goodbye to competition. There are hundreds of smaller social media competitors that wouldn’t be able to afford the software, let alone the tens of thousands of humans, to take down posts.

There’s no simple way to “fix” Section 230 either. The feds could require nonpartisan, balanced views. But who decides what’s balanced? We’d be back to where we started. Any fix would open a can of worms of special interests, maybe even a new Digital Diction Department staffed by justice warriors deciding which phrases are no longer acceptable, like “master bedroom” or even “preference.” And then the law would get larded with special exceptions. The thinking would be, “Let politicians say what they want, for democracy’s sake, but protesters should also get a pass, depending on their grievances.” It would never end.

The Challenger disaster seen through Guardian spectacles

Some chick called Emma Brockes writes in the Guardian, “The Challenger disaster: we can’t say we weren’t warned about American hubris”.

The article itself will add nothing to your understanding of how the space shuttle came to break apart soon after launch. I might give the Netflix documentary a chance, despite the Guardian‘s description of it as “a timely meditation on the perils of exceptionalism”. It seems harsh to condemn anything on the basis of what the Guardian says about it, especially since the Guardian article in question contained incoherent sentences like the second one in this quote:

In a US news report about the space programme, a TV host says, with amazement, that the newest Nasa recruits include, “two blacks, an oriental, and six women”. (One of them, Sally Ride, is shown being asked by a journalist whether, when she tells a man she’s an astronaut, he believes her.)

Got that? Sally Ride told a male journalist that she was an astronaut. Then he (the journalist) asked her (the astronaut) whether he believed her.

[Edit: Correction to the above! And apology to Ms Brockes, in the unlikely event that she ever reads this. Commenter “Jim” pointed out that the sentence I quoted makes perfect sense if you see the final “he” as not referring to the male journalist but to the general category of men who Sally Ride might tell that she is an astronaut.

Edit to the Edit: Niall Kilmartin made the same point as Jim did but in such a gentlemanly fashion that I did not quite get it. I would happily delete this entire section in embarrassment, but my rule for blogging is that the very things you want to stealth-edit most are those you should not touch.]

So much for the article. However the readers’ comments (the Graun made the mistake of allowing them) are rather good. The most recommended comment is by “chunkychips”:

This is a bizarre article. We’re supposed to believe that a NASA cockup and some dude who approved the launch of the space shuttle 30 odd years ago based on the data available to him at the time is an example of American exceptionalism?? What?

I’m afraid I’m just left with the image of a bitter writer watching the documentary and a little light goes off in her head “oooh, I could make a massive and ludicrous leap into condemning a country of 300 odd million people for ever daring to try”.

I’m so sick of the drip drip of articles that condemn western countries for not being as good as they think they are. They never stop to think of the undeniable fact that the western world is still the best place to live in human history regardless of who you are and what you believe or think. So yes, pretty damn exceptional actually and worth protecting and preserving.

The second most recommended comment is by “YorkieBrummy”:

Contrast with the impeccable safety records of China and Russia.

Is UK/US “exceptionalism” the new Graun buzzword?

The same commenter then adds,

Nothing about NASA’s toxic masculinity?

Deal or No Deal?

Amazingly I appear not to have yet used that headline.

The BBC reports,

Brexit: Trade talks with the EU are over, says No 10

Talks between the UK and EU over a post-Brexit trade agreement are “over”, Downing Street has said.

No 10 argued there was “no point” in discussions continuing next week unless the EU was prepared to discuss the detailed legal text of a partnership.

UK chief negotiator Lord Frost said he had told EU counterpart Michel Barnier there was now no “basis” for planned talks on Monday.

Number 10 said the two sides had agreed to talk again next week – by phone.

So talks are not quite over after all.

“We are reducing its distribution on our platform”

The New York Post has a big story. Very big.

Smoking-gun email reveals how Hunter Biden introduced Ukrainian businessman to VP dad

By Emma-Jo Morris and Gabrielle Fonrouge

Hunter Biden introduced his father, then-Vice President Joe Biden, to a top executive at a Ukrainian energy firm less than a year before the elder Biden pressured government officials in Ukraine into firing a prosecutor who was investigating the company, according to emails obtained by The Post.

The never-before-revealed meeting is mentioned in a message of appreciation that Vadym Pozharskyi, an adviser to the board of Burisma, allegedly sent Hunter Biden on April 17, 2015, about a year after Hunter joined the Burisma board at a reported salary of up to $50,000 a month.

“Dear Hunter, thank you for inviting me to DC and giving an opportunity to meet your father and spent [sic] some time together. It’s realty [sic] an honor and pleasure,” the email reads

An earlier email from May 2014 also shows Pozharskyi, reportedly Burisma’s No. 3 exec, asking Hunter for “advice on how you could use your influence” on the company’s behalf.

The blockbuster correspondence — which flies in the face of Joe Biden’s claim that he’s “never spoken to my son about his overseas business dealings” — is contained in a massive trove of data recovered from a laptop computer.

But the story of what is happening to that story is even bigger. The Daily Mail reports,

Outrage as Facebook AND Twitter throttle story about Joe Biden meeting son’s Ukraine partners until it’s been vetted by its third party so-called ‘fact-checkers’.

The Mail article describes how Sohrab Ahmari, an editor at the New York Post, tried to tweet about his paper’s story, and got this message:

Tweet not sent

Your Tweet couldn’t be sent because the link has been identified by Twitter or our partners as being potentially harmful. Visit our Help Center to learn more.

And Andy Stone, policy communications director at Facebook, has announced:

While I will intentionally not link to the New York Post, I want to be clear that this story is eligible to be fact checked by Facebook’s third-party fact checking partners. In the meantime, we are reducing its distribution on our platform.

Edit: Not knowing much about social media myself, I have two questions for readers. (1) What can people do to spread the New York Post‘s report about Joe Biden’s lies regarding Hunter Biden’s business dealings in the Ukraine? (2) What can people do to spread the even more important news that Facebook and Twitter are censoring this story?

Update: Via Instapundit, I learn that Sohrab Ahmari’s twitter account has been suspended. They are silencing the opinion editors of major newspapers.

Onchocerca volvulus and freedom of speech

There is a horrible disease prevalent in sub-Saharan Africa called onchocerciasis or “river blindness”. The black flies that live near rivers carry a parasite, a tiny worm called onchocerca volvulus. When the fly bites a human the parasite worm is injected into the human’s body. Then…

Within the human body the adult female worm (macrofilaria) produces thousands of baby or larval worms (microfilariae) which migrate in the skin and the eye.

Sometimes sufferers can see “tangled threads or worms in their vision, which were microfilariae moving freely in the aqueous humor of the anterior chamber of the eye”. This will be one of the last things they ever see before they lose their vision altogether.

I have been haunted for years by one account of how people come to be infected with this disease. It goes like this: a fly lands on a child. They swat it away, like they’ve been taught. Another fly lands. They swat it away again. And so on, thousands of times. Until one day the child is too tired or too excited or too distracted and they fail to swat away the fly. Then they get the disease, right? Actually, no: it usually takes several bites before they are infected. So there is a period when they think, well, a fly bit me but nothing has happened to me so far – the grown ups must be exaggerating. You can no doubt predict how the story ends. Once infection does occur it is irreversible.

Today’s Sunday Times reports,

Prosecutor criticises ‘sinister’ Met for investigating Darren Grimes over interview

Scotland Yard’s criminal investigation of a conservative activist over his interview with the historian David Starkey is “sinister and foolish”, according to a former director of public prosecutions.

Lord Macdonald of River Glaven said the Metropolitan Police’s pursuit of Darren Grimes, a pro-Brexit campaigner, was “deeply threatening of free speech”. Mr Grimes, 27, has said that police want to interview him under caution over a controversial interview uploaded to YouTube in the summer, in which Dr Starkey said that slavery could not have been genocide as there are “so many damn blacks” still around.

Mr Grimes is facing investigation for an offence of stirring up racial hatred, which falls under the Public Order Act. The offence carries a maximum penalty of seven years in prison.

The decision to pursue the publisher of an interview has resulted in widespread criticism and concerns about the threat posed to freedom of speech. The force has confirmed that it began an investigation on September 25 after seeking advice from the Crown Prosecution Service (CPS).

Lord Macdonald, head of the CPS between 2003 and 2008, told The Times yesterday: “Dr Starkey was roundly condemned for his remarks and has since lost all his academic positions.

“But offensiveness is not a crime and for the police now, weeks later, to target the journalist who interviewed him is both sinister and foolish. It looks like they are letting themselves be used as part of a political stunt — and, what’s worse, a stunt that is deeply threatening to free speech.”

For most of his career Lord Macdonald of River Glaven, better known as Ken Macdonald, was the very model of a left wing liberal activist lawyer. It is good to see that the flies can still be swatted by the left hand of the British body politic. In fact the police investigation is being swatted from several sides, and may soon be quietly shelved. Even so, as Brendan O’Neill writes in an article on the case for Spiked,

And yet, even the existence of this investigation is worrying, even if it does soon fall apart. We should keep the champagne on ice if the Met comes to its senses and drops its pursuit of Grimes, because we will still need to ask ourselves how this could happen. It strikes me that it is the natural result of the slow-motion decay of freedom of speech in this country, of the past few years of Leveson inquiries into the free press, police arrests of trolls for making offensive comments, the arrest of comics and feminists for saying ‘incorrect’ things, the use of public-order legislation to punish controversial opinion and the extraordinary growth of informal clampdowns on free speech too, from the cult of safe spaces on campus to Twitterstorms against anyone who questions the illiberal ideology of wokeness. Too many people have been cavalier about the demise of freedom of speech and the result is this: the police investigating someone for having a discussion.

The darkness in my vision might just be approaching old age, but sometimes I think I see tiny threadlike forms twist and writhe.

I thought they were better than this: recollections of how the London Times covered Brett Kavanaugh’s nomination

Two years ago the worldwide media furore over Brett Kavanaugh’s nomination to the US Supreme Court was at its height. Every second story in the British press seemed to be about Dr Christine Blasey Ford’s accusation of sexual assault against Kavanaugh. Some may find it difficult to cast their minds back to the fevered atmosphere of that time. In these enlightened days of 2020 we rest secure in the knowledge that American politicians of all sides respect the principle of the presumption of innocence, which is why a TV report about Tara Reade’s accusation of sexual assault against Joe Biden is only being shown in Australia.

The Times of London is the Times. It has been the voice of the British establishment for over two centuries. It is seen by many, including itself, as the standard bearer for serious journalism on serious issues for serious people. I have been a Times subscriber for many years, as my parents were before me. At several points over that time my faith in the paper wavered, but never enough to make me switch to another paper. Which one would be better? The Guardian? The Telegraph? The Daily Mail? So ingrained is my own habit of regarding the Times as at bottom a responsible newspaper that I had to spend some time checking that its coverage of the nomination of Brett Kavanaugh really was as bad as I remembered.

→ Continue reading: I thought they were better than this: recollections of how the London Times covered Brett Kavanaugh’s nomination

Discussion point: can children consent to puberty blockers? What about other drastic treatments?

Before you weigh in, please read both the Guardian articles.

“UK court hears children cannot consent to puberty blockers”, reports the Guardian today.

In a statement in the submission, Bell said she had been left with “no breasts, a deep voice, body hair, a beard, affected sexual function and who knows what else that has not been discovered”. She had to live with the fact that if she had children in the future, she would not be able to breastfeed. “I made a brash decision as a teenager (as a lot of teenagers do) trying to find confidence and happiness, except now the rest of my life will be negatively affected,” she said.

On the other hand, the abstract of this medical study published in the official journal of the American Academy of Pediatrics records that the study found that

There is a significant inverse association between treatment with pubertal suppression during adolescence and lifetime suicidal ideation among transgender adults who ever wanted this treatment. These results align with past literature, suggesting that pubertal suppression for transgender adolescents who want this treatment is associated with favorable mental health outcomes.

Another Guardian article published on 28 September raised similar issues of principle regarding a treatment that must be given to children if it is to work at all:

‘There is a fear that this will eradicate dwarfism’: the controversy over a new growth drug.

Two extracts:

Samuel Gray is very brave about his daily injections. At six-and-a-half, confident and happy, he was a boy who knew his own mind and made a big decision about his future. His parents had asked him if he wanted to take part in a clinical trial for a drug that could improve some of the conditions associated with achondroplasia, the most common form of dwarfism, with which Samuel was born.

[…]

In 2015, BioMarin Pharmaceutical, the company that developed vosoritide, released the results of phase two of its study. At the time, Leah Smith, a spokeswoman for Little People of America (LPA), the largest organisation in the US for people with dwarfism, said: “People like me are endangered and now they want to make me extinct.” Recently, the actor Mark Povinelli, who is president of the LPA, told the New York Times that the drug “is one of the most divisive things that we’ve come across in our 63-year existence”.

The foundling

Anyone know whose baby this is?

Mystery Deepens Around Unmanned Spy Boat Washed Up In Scotland

The ultimation

The Times reports,

FTSE 100 businesses ‘must bring minorities on board’

One of Britain’s biggest institutional investors has told the 30 or more FTSE 100 companies with all-white boards that it will vote against them unless they hire an ethnic-minority director in the next 15 months.

Legal & General, which manages more than £1.2 trillion of assets on behalf of pension funds and other clients, issued the ultimatum in the past few days in the wake of the Black Lives Matter protests over the summer.

L&G has written to all 100 companies in the FTSE 100 as well as the US companies in the S&P 500 telling them it expects them all to have at least one director of black, Asian or other minority ethnic (Bame) origin in place by January 1, 2022.

It told them it will vote against the re-election of the company’s nomination committee chairmen if they fail to meet this target. Nomination committees are the main board panels responsible for board appointments.

L&G, which typically owns 2 or 3 per cent of almost every British blue chip, is thought to be the first big UK institution to warn explicitly it will vote against any company failing to comply.

Does Legal and General as a company have the moral right to invest as it sees fit? Absolutely. But as a commenter called David C says,

I have a pension invested with L&G. I’m taking this as an early indicator the company has fallen into woke hands, which means performance is going to suffer.

David C then spoils a good point by saying that that social diversity matters should be left to government. The L&G plan to “force” racial quotas on those companies in whom it invests by threatening to put its money elsewhere unless they comply with its wishes is preferable to the actual force-with-threat-of-jail as used by governments.

Even so, members of the board of Legal and General should remember three points:

1) They are investees as well as investors. What they do to others can be done to them, with equal legitimacy.

2) L&G say that research by McKinsey & Co shows that “more racially diverse boards make better decisions and produce better financial returns to shareholders.” In itself I can well believe that heterogeneous boards help a company avoid groupthink and hence improve profits. But when a person is hired for their skin colour it is probable – not certain, but probable – that they will not be as competent as a person hired for their competence. I admire L&G for being willing to put this oft-made claim that affirmative action helps the bottom line to very a public test.

3) Isn’t racial discrimination illegal?

I lied when I said three points. Point four is affirmative action never delivers equality. Decades of caste quotas in India and racial quotas in Malaysia have been dandy for a small sub-class of hereditary quota-fillers while entrenching the assumption that the “helped” class could not make it on their own. Point five is that, legal or not, racial discrimination is wrong.

Proud Americans refuse to be out-stupided by the Limeys

We British had the Twitter Joke Trial.

R v Paul Chambers (appealed to the High Court as Chambers v Director of Public Prosecutions), popularly known as the Twitter Joke Trial, was a United Kingdom legal case centred on the conviction of a man under the Communications Act 2003 for posting a joke about destroying an airport to Twitter, a message which police regarded as “menacing”. The conviction was widely condemned as a miscarriage of justice, and was appealed three times, the conviction being quashed as a result of the third appeal.

I posted several times on Samizdata about the absurdity of prosecuting Paul Chambers for what anyone could tell was a joke:

  • If this is security theatre, it gets one star.
  • Nuke the entire court from orbit. It’s the only way to be sure.
  • Pretending to be scared
  • Twitter joke not menacing after all

    A blackly funny coda to the whole miserable saga was posted by Michael Jennings here: Irony

    It being easier for me to search out my own old posts, I may have missed some from other contributors. Apologies if so. The point is, it was plain from the very first day that the actual threat to life and limb from Mr Chambers was zero. Yet this had to go to the highest court in the land before someone put a stop to the farce.

    By the way, according to a Guardian article in 2012 the Director of Public Prosecutions at the time did not merely allow this prosecution to go forward but insisted that it should.

    The director of public prosecutions (DPP) stopped his staff dropping the case against Paul Chambers, author of the “Twitter joke” about blowing up Robin Hood airport in South Yorkshire, it has been claimed.

    Crown Prosecution Service lawyers had been prepared to back away from one of the most controversial cases in years, telling Chambers that they no longer saw a public interest in opposing his appeal against conviction. Chambers had said he felt “immense relief” that the prosecution – which had seen him lose two jobs and gain a criminal record – appeared to be over and that the authorities seemed ready to restore his good name.

    The CPS even sent Chambers and his solicitor, free-speech campaigner David Allen Green, papers stating that it now agreed that the case should end. However, at the last minute the DPP, former human rights lawyer Keir Starmer, overruled his subordinates, it is alleged.

    After a blunder like that, I trust this Starmer fellow resigned from public life.

    Perhaps Judge Jacqueline Davies and Sir Keir Starmer were kidnapped as larvae and raised to believe that this was what they had to do for the sake of the colony. Little else can explain their ant-like official determination not to think.

    But wait! We have a challenger! Not to be outdone by the effete Brits, the United States of America now has its own long-running Twitter Joke Prosecution:

    In dumb union case, a Twitter joke becomes a federal case.

    That Washington Examiner story was from May 4th. As of yesterday, it is still a federal case:

    Here’s The Latest On Federal Agencies’ Targeted Harassment Of The Federalist:

    “No jokes allowed. Ever.” Apparently, this is the new Twitter rule, as The Federalist national news publication faces a joint administrative and judicial broadside at the National Labor Relations Board. What the publication is going through constitutes just one of the many costly, silly, and arguably unconstitutional quasi-judicial proceedings underway throughout the federal bureaucracy.

    A recent case before the NLRB — in which the agency served as legislator, police, prosecutor, and judge — helps illustrate why not everything can, or should, be handled in-house at the executive branch. In June 2019, The Federalist publisher Ben Domenech tweeted, “FYI @FDRLST first one of you tries to unionize I swear I’ll send you back to the salt mine.”

    His followers got the joke. His employees got the joke. But one Twitter user apparently did not get the joke, so he filed a complaint with the NLRB. The user does not even work for Domenech nor have any ties to The Federalist, but the NLRB didn’t mind. Political appointees for the NLRB investigated the claim and prosecuted Domenech for violating NLRB rules, all while presiding over the so-called hearing.

    When The Federalist employees came to Domenech’s defense by testifying that they understood the tweet to be a joke and in no way felt threatened by Domenech, the administrative law judge rejected their testimony. He reasoned the testimony of the employees could not offer any value to the proceedings, and ultimately decided that Domenech violated NLRB rules.

    (Hat tip: Mark Tapscott at Instapundit.)

  • 2020 like it ought to be

    Jet suit paramedic

    Sadiq Khan will not be displeased that Uber has won its appeal

    The BBC reports,

    Uber spared from London ban despite ‘historical failings’

    Uber has secured its right to continue operating in London after a judge upheld its appeal against Transport for London (TfL).

    The ride-hailing giant has been granted a new licence to work in the capital, nearly a year after TfL rejected its application over safety concerns.

    It ends uncertainty for the 45,000 drivers who use the taxi app in London.

    Westminster Magistrates’ Court said Uber was now a “fit and proper” operator “despite historical failings”.

    Snip

    Mayor of London Sadiq Khan said TfL was “absolutely right” not to renew Uber licence last year but acknowledged the company had “made improvements”.

    However, he added: “I can assure Londoners that TfL will continue to closely monitor Uber and will not hesitate to take swift action should they fail to meet the strict standards required to protect passengers.”

    Remember this from 2017?

    Sadiq Khan is accused of ‘capitulating’ to black cab drivers’ union that bankrolled his London Mayor’s election campaign as petition to save taxi app reaches 600,000 signatures

    The Mayor’s previous two attempts to ban Uber from London were unpopular with Londoners in general, and particularly unpopular with groups that normally vote Labour. Uber is a godsend for people living in non-posh places where black cabs do not venture, and for people who cannot afford the fares they charge. Uber drivers are very often from ethnic minorities and/or relatively recent immigrants. (All over the developed world taxi drivers tend to be immigrants for very good reasons – unless restrictive practices keep them out.)

    Mr Khan knew all that, of course, but he could not afford to refuse the cab drivers’ union.

    Now a nice judge has got him off the hook.