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]
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When I saw the headline of this article in the Independent, “Sending climate protesters to prison shows the law is an ass”, which you can also read on MSN here, I put the ignition key in the snark machine.
I read the strapline “A pensioner is facing two years in jail for holding a placard outside a court. It is a worrying case that casts a shadow over our jury system of justice”, said, “Yeah, right”, and turned the key.
I saw that it was by Alan Rusbridger, former editor of the Guardian, and powered up the mighty engines.
I read the following, “Trudi Warner is, in many ways, an unlikely rebel. The 69-year-old former child mental health social worker is, in her retirement, a keen organic grower, and last year spent part of the year looking after sheep on the Isle of Eigg” and, toes twitching with anticipation, moved my foot over the go-pedal. Far from being an “unlikely rebel” Trudi Warner is as conventional a rebel as ever picked a caterpillar off an organic lettuce and took it out to start a new life in the garden. I was about to push the pedal to the metal when…
I realised that Alan Rushbridger was right.
I had been waiting for the half-line in the eleventh paragraph where this “lovable pensioner” was revealed to have harassed travellers or vandalised a work of art. It never came. Trudi Warner really is being prosecuted solely for standing outside a court and holding up a placard saying,
JURORS
YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT ACCORDING TO YOUR CONSCIENCE
That’s it. That’s all she did; hold up that placard near a courtroom. And as Mr Rushbridger says, the statement on her placard correctly states a precedent that goes back to a famous case of 1670, in which a jury stubbornly refused to convict two Quaker preachers of preaching to an unlawful assembly despite being imprisoned for two days without food.
One may or may not agree with Trudi Warner’s opinions on the “climate crisis” (I do not), but it is bizarre that reminding jurors of what was once a revered legal principle should become a crime merely because the reminder took place near a courtroom, the very place where such a reminder is most necessary.
Since a reminder evidently is necessary to the legal authorities, here is a picture of the plaque in the Old Bailey commemorating that case:
Photo credit: Paul Clarke, Wikimedia Commons
The plaque says,
Near this Site WILLIAM PENN and WILLIAM MEAD were tried in 1670 for preaching to an unlawful assembly in Grace Church Street This tablet Commemorates The courage and endurance of the Jury Thos Vere, Edward Bushell and ten others who refused to give a verdict against them, although locked up without food for two nights, and were fined for their final verdict of Not Guilty The case of these Jurymen was reviewed on a writ of Habeas Corpus and Chief Justice Vaughan delivered the opinion of the Court which established The Right of Juries to give their Verdict according to their Convictions
“Beloved San Francisco burger joint will close after 40 years after wheelchair user sued over obstacles that stopped him entering, with owners saying they’re too poor to build a ramp”, the Daily Mail reports.
A beloved San Francisco burger joint has closed its doors after a wheelchair user sued the restaurant over a ‘high threshold’ that prevented him from entering.
After 38 years of operation, the Great American Hamburger & Pie Co.’s Post in Richmond, California, bid farewell to its longtime customers on Thursday, with the lawsuit being the final blow.
‘Two harsh years of COVID, high food inflation, and a recent ADA compliance lawsuit have taken a toll on our small family business,’ owners George and Helen Koliavas announced the closure.
COVID, high food inflation and a ADA [Americans with Disabilities Act] compliance lawsuit: the last five years in America illustrated in three snapshots. Change the name of the disability “rights” law, and the same story could be told a thousand times for small businesses in the UK and the EU. The article continues,
A paraplegic man filed suit against the Koliavas and their landlord in January after encountering a ‘high threshold’ on two visits to the burger joint last year.
On both occasions, the threshold blocked his wheelchair from entering the restaurant, prompting him to hire an ‘accessibility expert’ to conduct an informal investigation.
According to the lawsuit, the expert found a lack of wheelchair access throughout the space.
‘It’s frustrating, and you get to a point where you say, ‘You know what, forget it,” said George.
When I read Ayn Rand’s Atlas Shrugged many years ago, I could see why people admired the book, but the portrait of Mr Thompson’s America never quite gelled with me. Perhaps I needed to see America led by a man such as Joe Biden.
Somehow we have arrived at a place that the West never expected to inhabit. A generation after the collapse of the most powerful totalitarian regime in modern history, the “free world” has apparently lost its grip on the relationship between moral values and political decisions which was once its greatest strength.
The idea had seemed to win out against all the odds: that a government could uphold fundamental first principles of justice, liberty and the authority of the law while still responding realistically to changes in popular opinion and social conditions. This was a truly miraculous understanding of the relationship between morality and politics and, difficult as it might have been to manage, it seemed to deliver the life most people wanted.
It’s hard to believe but we might be witnessing the end of it.
– Janet Daly (£)
This [Tory] weakness and mealy-mouthed reluctance to hit back at legislation that Rowling has described as ‘ludicrous’ and many believe is the most dangerous threat to free speech ever enacted in the UK, is as puzzling as it is maddening. There is surely a great opportunity here for the Scottish Conservatives, if only they could grasp it. The Tories should be at the forefront of the opposition, not loitering in the shadows. And some sort of clear and robust opposition is desperately needed. No one yet knows what the immediate or long-term effects of the Act will be, but the options appear to be bad, awful and downright terrifying. While the police have now said they will not prosecute Rowling following a deluge of complaints against her, they will certainly have a much-expanded workload for years to come. That means they will likely have to give up on even more of the common variety of crime. And they only recently declared that they would not be investigating allegations of wrongdoing without leads or CCTV footage available.
– Philip Patrick
Maybe the Tories think they can outsource civil liberties protection to the writer of children’s books and a comedian. Perhaps it is for the best.
Adam Smith, the Scottish intellectual figure most famous for his Wealth of Nations (1776) book, would, I like to think, have been deeply unamused by the abominations coming from the Scottish Parliament in recent times. The Adam Smith Institute, the UK think tank bearing the great doctor’s name, writes the following article. I pray the indulgence of the reader, and ASI, in quoting the article in full. I hope that this appalling Scottish piece of legislation fails, that those who seek to enforce it are humiliated and mocked.
Three and a half years ago, the ASI published a position paper and draft law proposing a “UK Free Speech Act” which would, if enacted, forever remove the regulation of nonviolent political discussion from the remit of law enforcement in the United Kingdom.
The censorship provisions of the Hate Crime and Public Order (Scotland) Act 2021 (the “Hate Crime Act”), entering into force this week, are deeply offensive to freedom of expression, and the only way to stop them is to implicitly repeal these new rules with UK-wide protection for freedom of speech.
The Hate Crime Act contains three provisions in particular – “aggravation of offences by prejudice,” “racially aggravated harassment” and “stirring up hatred” – which are, at least as-described, descriptions of the sort of speech that most members of polite society would rightly oppose as a personal, moral matter.
However, if we look at the substance of the language employed by the new laws and its derivation from similar, viewpoint-neutral English rules – in the case of the stirring-up offence and the “racially aggravated harassment” offences, the “alarm or distress” language from the English Public Order Act 1986, and in the case of the stirring-up offence only, the historic “threatening, abusive, or insulting” language from that same law – we know that these rules have proven capable of extremely overbroad application in England, and these new rules will prove just as terrible, if not more so, if allowed to stand in Scotland.
The position, outlined in a 2020 paper for the ASI, and the applicable English legal rules, remains entirely unchanged. It suffices for present purposes to note that existing English laws, which are nowhere near as intrusive as the new Scottish ones, have already been used in England to, variously:
· threaten a schoolboy with prosecution for nonviolently holding up a sign calling the Church of Scientology a dangerous cult;
· arrest republican protestors in the vicinity of King Charles’ coronation for nonviolent picketing;
· convict a protestor for nonviolently saying David Cameron had “blood on his hands” for cutting disability benefit at an event where the then-PM was speaking;
· convict protestors against the war in Iraq for nonviolently expressing their points of view in front of soldiers of the British Army returning home from that war;
· arrest students for nonviolently saying “woof” to a dog;
· arrest a woman for nonviolently praying silently; and
· arrest a preacher for nonviolently reading from the Bible, in public, verbatim.
The existing rules should have been repealed years ago, but few UK lawyers, being unaccustomed to an American perspective on free speech jurisprudence and thus unable to see that the frog was starting to boil, seemed to notice very much as the English judiciary lost its way after issuing its landmark, pro-free speech decision of Redmond-Bate [1999] EWHC Admin 733. In a few short years, the English courts went from protecting controversial speech to routinely acquiescing to the criminalization of what, pre-1999 at least, would have been entirely lawful, if somewhat controversial, expression (see: Norwood v DPP [2003] EWHC 1564, Manchester Crown Court ex parte McCann [2002] UKHL 39 and Abdul v. DPP [2011] EWHC 247).
The provisions of Article 10 of the European Convention concerning freedom of expression, enshrined in domestic law by the UK Human Rights Act, are little better than window-dressing. They have been of no assistance whatsoever in protecting English speakers of controversial ideas since that law’s enactment; indeed, the Human Rights Act may have harmed the cause of free speech in the country by formalising the broad derogations from that right permitted under Article 10(2) which have been abused, time and again, to stifle discourse.
Put another way, our experience with the English rules, in particular the Public Order Act 1986 but also the Malicious Communications Act 1988, and Section 127 of the Communications Act 2003, is that their application, especially in the last 25 years, has been subjective, unpredictable, inconsistent, politically-motivated, sometimes capricious, and thoroughly chilling to speech.
The Scottish law turbocharges all of these problems by abandoning viewpoint-neutrality and expressly targeting “culture war” issues around questions of identity within the four corners of the statute. This is particularly the case when we look at the “aggravation of offences by prejudice” law, which states that age, disability, national or ethnic origin, sexual orientation, and transgender identity are all to be considered when sentencing people in Scotland for criminal offences.
The problem with this, of course, is that merely talking about these issues and causing offence is already capable of constituting a crime under the Public Order Act 1986, both in England and in Scotland, and the Public Order Act was being abused in both England and Scotland to suppress speech even before the Hate Crime Act entered into force.
Only last month transgender activists sought to have J.K. Rowling arrested there after English prosecutors declined to prosecute her for prior “gender critical” remarks. The Hate Crime Act now requires Scottish judges to take into account Rowling’s motivations when judging her speech, which we think would be fairly described as emanating from the identitarian, and therefore definitionally “prejudicial,” ideology known as second-wave feminism, and would require, in a Public Order Act 1986 prosecution for those feminist remarks, for a Scottish judge to consider a sentencing enhancement.
It makes no sense to criminalise these conversations. Indeed it makes sense to expressly legalise them, given that national politics seems, increasingly, to cluster around identity issues and, in a democratic society, require their open discussion in order for these disputes around the proper ordering of society to be satisfactorily resolved.
On the gender theory question, in particular, the debate seems to be between, on one side, critical theory-informed intersectional activists who seek to view all power relationships through the lens of what they call immutable characteristics, and on the other, we see a coalition of classical liberals and religiously-minded traditionalists from the usual suspects like the Catholic Church but also newly aggrieved groups such as traditionalist Muslim parents of schoolchildren. As the fact that the Prime Minister himself felt the need to chime in on these matters this week plainly evidences, identity issues, whether we like it or not, now sit squarely at the centre of contemporary UK political discourse.
We take no view on the merits of either “side” here, because taking a viewpoint does not matter and, in any case, is inadvisable, to the extent anyone here at the Institute plans on ever setting foot in Scotland again. This is because it is now quite unsafe, legally speaking, to take a vigorously-defended public position on these questions in Scotland from any perspective, as long as there is a hearer who is offended enough to file a police report against the hearer’s perceived political enemies, or calculating enough to pretend to be so offended.
To see how the Hate Crime Act potentially cuts in all directions, we need look no further than criminal complaints which have already been made under the new law. See, for example, the fact that Scottish First Minister Humza Yousaf, the law’s primary advocate and promoter, was immediately reported by the Indian Council of Scotland to the police for thoughtcrime contained in a speech he himself delivered in Scottish Parliament in 2023 as soon as the Hate Crime Act entered into force. Under the new regime, even the First Minister will need to take care not to express those same thoughts in the same manner again.
There are not many reasonable people who wish to live in a country where the first response to any political disagreement is to call for a speaker’s arrest. Nonviolent speech should never warrant a violent response. Yet, as was proven on day 1 of this new law, we already see that the Scottish law will be used, and is being used, to call down state-sanctioned violence, namely arrests and imprisonment, to suppress broad swathes of viewpoints from all political quarters.
To the few back-benchers who are engaged by this pertinent issue: This is the hill to die on. Rishi Sunak, the Prime Minister, has said he opposes the Scottish law.
Push the Prime Minister to back up that opposition with decisive action. Permanently abolish political censorship enforced at gunpoint. Enact the UK Free Speech Act.
So there you have it from the ASI. I endorse every word.
The debate over censorship is maturing quickly. And the manner in which it is happening sends a clear message: the censors are losing the debate. They cannot defend what they have done over the last 4-plus years and now can only resort to forced silencing.
– Jeffrey Tucker
So too there is nothing in the New Testament that makes behaviour worse if it is directed against black people or gay people. Rather what is radically new about Christianity is that it treats all people as being essentially the same.
I can find nothing in Plato or Aristotle that says that a deed is worse if it is done against this type of person or that type of person, nor do I find this sort of idea in Augustine, Aquinas, Kant or Mill.
Ever single system of religious, moral or legal thinking that I can think of treats humanity as being morally equal. From this we get “all men are created equal” in the United States Declaration of Independence, which is one of the cornerstones of western thought.
So not only has the Scottish government destroyed the objectivity of the law, so too it has destroyed the idea that we are all equal before the law.
– Effie Deans
The Guardian is all a-froth because the Garrick Club, one of the historic gentlemen’s clubs of London, is still, well, a club for gentlemen as opposed to ladies.
In response, the Telegraph’s William Sitwell advocates for freedom of association:
“All-male members’ clubs reflect our natural tribal desires – get over it or get your own”.
… that central charge of archaic, sexist exclusion is nonsense. First because of the idea that there is something wrong with men wanting to be in the company of other men.
It is possible to be a decent male member of society – who champions equal opportunities in the workplace, changes nappies, generally strives to be a domestic god and is (joyfully) surrounded by women and small children at home – and, at the same time, enjoy a lunch with the boys. In the same way that others might want to hang out at the golf club, or in the snooker room. Or similarly how members of the LGBTQ+ community might wish to hang out in a club or bar or pub with their folk, or players in an all-female hockey team might wish to spend an evening with each other sipping champagne in a hot tub.
Humans are tribal, gravitating towards those whom they look, act, feel and sound like. But that is not incongruous with supporting positive discrimination in society, promoting the visualisation of minorities in fashion or policing or politics.
For the values that represent you formally are not necessarily jettisoned when you’re having fun. Which is what clubs are for.
Tim Newman, making sure that the EU’s work is appreciated as it should be:
The “DMA” to which Pauline refers is the EU’s Digital Markets Act. There is more commentary from Kevin A. Bryan here.
I missed this article when it came out in the Observer (the Guardian‘s Sunday sister-paper) three weeks ago: ‘People are scared’: “Sweden’s freedom of information laws lead to wave of deadly bombings”
In a night in September, as summer was turning to autumn, Soha Saad dozed off on the sofa as she stayed up late studying. The 24-year-old, who lived in a quiet village near the Swedish university town of Uppsala with her parents and siblings, had recently graduated as a teacher, a career she was passionate about, and had big dreams for the future.
But in the early hours of the morning, all of that hope came to an end. An explosion ripped through their home, removing the windows and walls, and ending Soha’s life.
She is not thought to have been the intended target of September’s bomb attack – reports at the time said it could have been a neighbour related to a gang member – but was an innocent victim with no connections to gang violence.
With typical cowardice, the Observer article does not mention that the sharp increase in violence in Sweden is almost entirely driven by immigrants, mostly from the Middle East, and to a lesser extent from the Balkans. How does anyone think a problem can be solved if it cannot even be mentioned? In other respects, Miranda Bryant’s article was a good piece of journalism, highlighting how something that was for centuries considered a valuable freedom in Swedish society has become dangerous for many:
In recent years, Sweden has been caught in the grip of escalating gang conflict involving shootings and explosions – largely driven by drug trafficking, involving firearms and bombs. September was the worst month for fatal shootings in Sweden since 2016, with 11 deaths, and 2023 saw the most explosions per year to date.
The Moderate party-run coalition – supported by the far-right Sweden Democrats – have pledged to take action by sending more young people to prison and giving police more powers to search people and vehicles. But with younger and younger people being pulled into crime, turning them into “child soldiers”, the violence is showing little sign of stopping.
The explosions – usually targeting rival gang members and their families – often contain dynamite or gunpowder-based substances, according to police. Hand grenades have also been used.
In most countries, tracking down the address of a potential victim could be a laborious process. But not in Sweden, where it is possible to find out the address and personal details of just about anybody with a single Google search. Experts say criminals are being greatly helped by a 248-year-old law, forming part of Sweden’s constitution.
The 1776 freedom of the press act (tryckfrihetsförordningen) – a revered feature of Swedish society that gives everyone access to official records – marked the world’s first law regulating the right to free speech; the documents are protected on Unesco’s Memory of the World register.
“Public access to information is a fundamental principle in Sweden’s form of government,” according to the Swedish Institute for Human Rights (SIHR). “One of the fundamental laws, the Freedom of the Press Act, contains provisions on the right to access official documents. According to this rule all documents available at an authority are in principle open for the public.”
I can see why Swedes want to keep their traditional tryckfrihetsförordningen. My previous post mentioned the “Streisand Effect” with very little sympathy for Barbra Streisand’s famously counter-productive effort to keep information about her residence out of the public domain. Maybe I should have shown more. Being a libertarian does not oblige me to defend to the hilt everything which has the word “freedom” on it, and it does seem to me that, given how much easier it is for a criminal to track down a victim nowadays than it was in 1776, the freedom not to have one’s name appear in public government records ought be given more weight in Sweden and elsewhere.
However, in the real, non-ideal world of mediocre and shallow thinkers, cowards, selfish careerists, and the occasional scoundrel, political and scientific censorship never works out in the way envisaged by its public advocates. In the non-ideal world of imperfect knowledge and corruptible character, censorship is just as likely to frustrate the pursuit of truth as to facilitate it.
Nobody’s Wisdom or Knowledge is Infallible
Consider, first, the fact that nobody, not even the most educated or brilliant person, possesses perfect, infallible knowledge, whether on moral or scientific questions. Of course, some people may, as a matter of fact, be better informed or wiser than others on this or that issue. However, the notion that anyone could enjoy a form of knowledge or wisdom that is uniquely infallible or immune to challenge, is preposterous. Who but God alone could possibly redeem such a far-fetched claim, and on what basis?
The idea that there is a superior class of persons whose knowledge and insights automatically trump the knowledge and insights of others is inconsistent with ordinary experience, which confirms that people reputed to be highly knowledgeable and wise can make grave and even catastrophic errors. In addition, it is based on a deeply naïve and misguided view of the complex and messy process through which human knowledge is acquired.
– David Thunder writing “Why attempting to purge the Web of misinformation is a fool’s errand”
… but frankly I think is a scoundrel’s errand.
But the proposed UK law would go beyond just FaceTime and iMessage to encompass all Apple products.
Earlier in January, civil liberties groups including Big Brother Watch, Liberty, Open Rights Group and Privacy International, put out a joint briefing opposing parts of the bill.
The groups said they were concerned the proposed changes would “force technology companies, including those based overseas, to inform the government of any plans to improve security or privacy measures on their platforms so that the government can consider serving a notice to prevent such changes”.
They added this would be “effectively transforming private companies into arms of the surveillance state and eroding the security of devices and the internet.”
– Zoe Kleinman
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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