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]

Arrestable and non-arrestable offences during religious protests

Ten months ago, a woman called Isabel Vaughan-Spruce was arrested for silently praying outside an abortion clinic.

For days ago, a man whose name the police know but have not made public was not arrested for asking a “What is the solution to liberate people from the concentration camp called Palestine?” Then the man standing at his side led the crowd in chanting “Jihad! Jihad! Jihad!” – and he wasn’t arrested either. This took place at a protest in London on 21st October organised by the Islamic Fundamentalist group Hizb ut-Tahrir.

I do not think either Isabel Vaughan-Spruce or the two Hizb ut-Tahrir members should have been arrested. I have two main reasons for this view. Firstly, I believe in free speech (well, free mental recitation in Vaughan-Spruce’s case). Secondly, I want to know what the likes of Hizb ut-Tahrir are saying and I want other people to know. The media have sugar-coated Muslim extremism for long enough.

But if we are going to have anyone arrested for religiously motivated protest, why should it be her rather than them? Here is the Metropolitan Police’s own explanation:

Specialist officers have assessed the video and have not identified any offences arising from the specific clip. We have also sought advice from specialist Crown Prosecution Service lawyers who have reached the same conclusion.

However, recognising the way language like this will be interpreted by the public and the divisive impact it will have, officers identified the man involved and spoke to him to discourage any repeat of similar chanting.

We are also aware of photos from the same protest showing signs and banners referring to ‘Muslim armies’.

While there are varying interpretations of what the language on the placards should be interpreted to mean, officers must take decisions based on the wording actually used.

Such care for exactitude in whether words spoken at a protest met the threshold for being an offence would be admirable if the police applied the same care to everyone. But they don’t. Ben Sixsmith, writing for The Critic, lists twelve things more arrestable than calling for Jihad.

UPDATE: This video, which I found via Dr Eli David, shows a crowd of Muslims marching down a street in London. Someone shouts (into a microphone judging from the sound) the following words, “We’ll find some Jews here! We want the Zionists! We want their blood!” Meanwhile a policeman walks beside them, saying nothing.

And then the establishment closed ranks on Covid…

In one of the most jaw-dropping interjections of the inquiry to date, Baroness Hallett revealed a prejudgement that if masking people could have had even the slightest of benefits, and seemingly without even contemplating that risks and known harms might need to be weighed too, she pressed Sir Peter Horby, an esteemed epidemiologist at Oxford University, who had indicated that he believed universal masking was not a straightforward decision: “I’m sorry, I’m not following, Sir Peter. If there’s a possible benefit, what’s the downside?”

Coming from the independent Chair of a public inquiry, this is an astonishing comment. It betrays a presumption, or at the very least a predisposition, to accept that it was better to act than not to act — the reverse of the precautionary principle. When a comment such as this, from the Chair of the Inquiry, goes unchallenged, it risks anchoring the entire frame of reference for the inquiry’s interrogation of this critical topic. In our view it was a surprising and serious error of judgement for an experienced Court of Appeal judge.

What made Baroness Hallett feel this to be an appropriate thing to think, let alone say out loud? We suggest the issue lies in the fact that the Chair and the official counsel to the inquiry seem already to have the storyline of the pandemic wrapped up.

– Molly Kingsley, Arabella Skinner and Ben Kingsley, writing The Covid Inquiry is an Embarrassment to the English Legal System

Samizdata quote of the day – some institutions cannot be reformed

I am not against a rule-based system and I am not against human rights. I simply think that we need to decide what human rights we want and to what degree we want them. At the moment, the problem is not the Convention itself, which is a collection of principles, not a single one of which I would question in any way. What I oppose is the legislative process by which the Strasbourg court, the European Court of Human Rights, has emancipated itself from the only thing that the states party to the Convention ever agreed, which was the text of the Convention. I do not think that it is the function of judges to revise the laws to bring them up to date — that is a function of representative institutions, certainly in a democracy.

So I would favour withdrawing from the European Convention and substituting it for an identical text, but simply interpreting it responsibly in accordance with what it’s intended to mean, and not in accordance with a wider political agenda — which I’m afraid is the animating spirit currently of the Strasbourg Court.

Jonathan Sumption, on why he wants UK to leave the European Court of Human Rights. It is a much wider interview, covering much of what I agree & disagree with Sumption about on many issues.

Samizdata quote of the day – the single greatest threat to free speech in Europe

“The #DSA (Digital Services Act) is here to protect free speech against arbitrary decisions.” So said Thierry Breton, EU’s Internal Market Commissioner, in a recent tweet. Given the extraordinary level of discretion this Act gives the European Commission to pressure online platforms to enforce vaguely defined “hate speech” and “disinformation” rules, one might reasonably take issue with Mr Breton’s self-presentation as a guardian of free speech. Indeed, it would be no exaggeration to say that the Digital Services Act is the single greatest threat to free speech in Europe since the formation of the European Economic Community in 1957.

David Thunder

Freedom Debate: Konstantin Kisin vs Ash Sarkar

Well worth a few minutes of your time.

Different city, same old story. This time it’s Rotterdam.

In the Telegraph, Ruby Hinchliffe writes,

The city that declared all-out war on landlords – and what happened next

The Dutch have launched wide-ranging crackdowns on the buy-to-let sector, but renters are paying the price

“Landlords have no friends in politics anymore,” Tjeerd Sijtema, one of Rotterdam’s 15,000 civil servants, tells me.

Last year, city officials made Dutch history when they became the Netherlands’ first lawmakers to introduce a ban on landlords buying properties to let.

Red-rimmed signs warding off landlords were erected in 16 of Rotterdam’s 71 neighbourhoods – where around a third of its housing stock resides.

Smug-looking faces shaped like houses stare down at residents who cycle past it in quick succession. Above read the loaded words: “We are working on a healthy housing market here.”

“Working on”, as in “destroying”:

But one glaring consequence of the ban is the downward pressure it is having on rental housing supply, which props up those who cannot immediately afford to buy a house – typically younger residents, migrants and fresh divorcees.

The ban also pushed up rents for tenants in regulated neighbourhoods by around 4pc last year, damaging housing affordability for renters which the Erasmus School of Economics said “undermin[ed] some of the intentions of the law.”

Even students are feeling the negative impacts. In a quaint coffee shop at the heart of leafy Kralingen-Oost, a popular area amongst undergraduates, one student told me it’s much harder to live in larger groups now. “I’m only living with one other person this year,” she told me.

And, naturally,

Meanwhile the waiting list for social housing in Rotterdam – which makes up a staggering 55pc of the city’s overall housing supply – is now five years’ long.

Samizdata quote of the day – It’s such a monumentally stupid idea…

Ban tobacco in the UK, and you will simply divert uncountable millions in untaxed moneys into the pockets of criminals, while cigarette smoking will barely decline at all – in fact, I’d take a small wager that the smuggled product will be cheaper after the ban than the legal product was before. It’s such a monumentally stupid idea, I can’t imagine for a minute that the government won’t eagerly embrace it.

Llamas

The UK moves closer to a total tobacco ban

More than 35 years ago, I recall when an old friend of mine (who died all too young in 2006), Chris R Tame, had been appointed the director of an outfit called FOREST. That acronym stood for Freedom Organisation for the Right to Enjoy Smoking Tobacco. The group was backed by sundry folk, including as far as I know, tobacco firms. It made no secret of it. Chris, much to the annoyance of various pressure groups such as ASH (Action on Smoking and Health), was a keep-fit guy, who went jogging (I joined him in runs around Regent’s Park), lifted weights, did not smoke, and drank in moderation.

Chris’s argument was that your life was yours, not the nation’s or the State’s. With so-called “passive smoking” and the “pollution” side of it, he argued that the risk was slight, but where possible, the issue was for owners of private property to decide. A person was not, on this reasoning, forced to work in a pub or restaurant, etc, and people were not forced to go to such places. In a vigorous economy, with lots of consumer choice, there would be non-smoking premises and those who disliked or feared tobacco smoke could patronise places they preferred. It was the sort of messy solution that a market would provide, rather than a one-size-fits-all approach. (See a commentary here from the CATO think tank in the US.)

Over the past 30 years, Chris’s argument has lost ground. On a personal level, as someone who doesn’t smoke or like the smell of it, that’s fine by me. But I realise that this is short-sighted to value a loss of others’ liberties. It is nevertheless striking that, when considering how things were 30 or 40 years ago, we have gone from tolerance of smoking (look at old movies and TV shows) to almost total suppression. I still see a few people smoking a ciggie outside an office here in London, but that’s rare. In fact, I am more likely to smell weed than tobacco these days in London, or for that matter, New York.

Today, UK prime minister Rishi Sunak, at the annual Conservative Party conference, outlined a few policies and measures. I was struck by how he wants to adopt a New Zealand-style measure to progressively raise the age at which people can buy cigarettes, up to the point where it is illegal in all but name.

I recall many years ago how ASH and others denied to Chris Tame’s face that they wanted to ban cigarettes. Oh no, they said, that’s just propaganda. Well, it turns out that the end-point for all their campaigns was indeed to ban cigarettes completely. They wanted it all along but lacked the cojones to say so honestly.

Samizdata quote of the day – if heat pumps and EVs were better they’d sell themselves

Thanks to the cult ideology of Net Zero some governments, including our own, have started trying to destroy the entire basis of human brilliance and ingenuity in a way that has no parallel other than in totalitarian states.

If electric cars represented an overall improvement on internal combustion engine (ICE) cars by being collectively better to drive, cheaper to buy and run, at least as easy to ‘refuel’, had longer (or even equivalent) ranges, used less energy, lasted longer, had better resale value, were less environmentally damaging through being easier to make, using less metals and were easier to recycle, they’d sell themselves. Those are all minimum standards the Government could have set, but hasn’t.

Guy de la Bédoyère

What I did on my holidays

Switzerland is a great country. In most respects Machiavelli’s description of the Swiss as “armatissimi e liberissimi”, “most armed and most free”, still applies. But…

It says,

Mandatory shooting
Mandatory program

Compulsory shooting training applies to all soldiers equipped with an assault rifle and must be completed every year until the end of military obligations.
It must be carried out by August 31 with a recognized shooting club. You can check the dates and times in official publications or on the internet.
Further information can be found at: http://www.be.ch/militaire

The Wikipedia article on Conscription in Switzerland says,

Switzerland has mandatory military service (German: Militärdienst; French: service militaire; Italian: servizio militare) in the Swiss Army for all able-bodied male citizens, who are conscripted when they reach the age of majority,[1] though women may volunteer for any position.[2] Conscripts make up the majority of the manpower in the Swiss Armed Forces.[3]

On September 22, 2013, a referendum that aimed to abolish conscription was held in Switzerland.[4] However, the referendum failed with over 73% of the electorate voting against it, showing strong support for conscription of men in Switzerland.

Much as I admire the Swiss, I cannot make myself believe that constitutes being liberissimi.

A magnificent reply to an appalling letter

We regard it as deeply inappropriate and dangerous that the UK Parliament would attempt to control who is allowed to speak on our platform or try to earn a living from doing so. Singling out an individual and demanding his ban is even more disturbing given the absence of any connection between the allegations and his content on Rumble. We don’t agree with the behavior of many Rumble creators, but we refuse to penalize them for actions that have nothing to do with our platform.

Although it may be politically and socially easier for Rumble to join a cancel culture mob, doing so would be a violation of our company’s values and mission. We emphatically reject the UK Parliament’s demands.

– Official Rumble response to this appalling letter.

Samizdata quote of the day – the Fusion of Technology and Law

But this is not all that the Energy Bill 2023 does, and here we come to a fresher development in the relationship between law and the state. Importantly, Brownsword has recently been suggesting that we are rapidly advancing into the next iteration of law – Law 3.0 – in which law becomes essentially self-executing through technology and, indeed, the very exercise of subjecting human conduct to rules becomes subsumed by technological management. Here, the creation of rules itself will become seen as archaic, with technology providing us with better – more efficient, more rational, more effective – forms of justice than those available to the flawed system of law which we currently respect. The end result (the apotheosis of Law 3.0, as it were), will be the merging of technology with law, such that the requirement for rules to exist will disappear and human conduct will be more or less entirely managed by technology.

David McGrogan