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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]
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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.)
I cannot knit and I am not on Instagram, but as someone who sews and is into politics, I cannot think how I came to miss this article from Gavin Haynes when it came out in January of this year. After seeing it recommended on the UK Politics subreddit, I hastened to post it here:
How knitters got knotted in a purity spiral
Mr Haynes discusses purity spirals throughout history, then narrows his focus to a couple of examples from 2018/19:
Our documentary analysed just two latter-day purity spirals — Instagram knitting culture and young adult novels. Both seemed perfectly-sized to be taken over — they were spaces big enough to have their own star system, yet small enough for the writ of a dominant group to hold.
In each, a vast tapestry of what were effectively small businesses competed for attention online by fluidly mixing personal and professional brand. On social media, opinion, diary and sales often existed within the same posts. Each individual small business was uniquely vulnerable to being un-personed, ‘cancelled’. But, simultaneously, each could benefit enormously from taking on the status of thought leader — from becoming a node that directed moral traffic.
To take the example of Instagram knitting: the unravelling began with a man called Nathan Taylor. Gay, living with HIV, nice as pie, Taylor started a hashtag aimed at promoting diversity in knitting, Diversknitty, to get people from different backgrounds to talk. And he did: the hashtag was a runaway hit, spawning over 17,000 posts.
But over the following months, the conversation took on a more strident tone. The list of things considered problematic grew. The definition of racism began to take on the terms mandated by intersectional social justice ideology.
The drama played out in the time-honoured way:
Finally, just as the guillotine had eventually come for Robespierre, Nathan Taylor, who had founded the #Diversknitty movement, found himself at its sharp end.
When Taylor tried to inject positivity back into Diversknitty, his moral authority burnt up inside minutes. A poem he’d written asking knitters to cool it (“With genuine SOLEM-KNITTY/I beg you, stop the enmity”) was in turn interpreted as a blatant act of white supremacy. When the mob finally came for him, he had a nervous breakdown. Yet even here, he was accused of malingering, his suicidal hospitalisation described online as a ‘white centring’ event.
Gavin Haynes also made a half hour Radio Four documentary telling the same story. (A BBC iPlayer sign-in is required to listen.) I am about to listen to it now.
UK Black Lives Matter on 29th June 2020:
When we say ‘Defund the police’ we mean ‘Invest in programmes that actually keep us safe like youth services, mental health and social care, education, jobs and housing. Key services to support the most vulnerable before they come into contact with the criminal justice system’.
UK Black Lives Matter on 21st June 2020:
We are an ABOLITIONIST movement, we do not believe in reforming the police, the state or the prison industrial complex. It is a direct contradiction to BLM for events to be held promoting reform and subduing valid criticisms of the police, the government and Boris Johnson. And when events are meant to be those heavily affected by police violence like the LGBTQIA+ Black community, this is especially disrespectful.
Perhaps I should not be so harsh. Among the multifarious possible meanings of the phrase “Defund the police” there are a few I could support. While I think about it, please send me a million pounds.
My mother was in her early teens in World War II. I once asked her what it was like not to know who would win. Alas, I cannot remember in detail how she answered, but among the things she said was that she did not speculate about it much because any such discussion would have been instantly quashed by her father, a former soldier, with some words along the lines of “There will be no defeatist talk in this family, young lady!”
Yet this atmosphere of stern patriotism did not stop her openly reading a translation of Hitler’s Mein Kampf on the principle of “Know thy enemy”.
“Owning a book isn’t a declaration of belief,” writes Janice Turner in the Times.
Journalists own a lot of odd books. Some are sent to us unsolicited, others we buy to illuminate a news story. That Michael Gove, a former Times columnist, has The War Path by Holocaust-denying historian David Irving nestling among Alastair Campbell diaries and Stalin biographies does not alarm me. But the online outrage at a photograph showing this book on Gove’s shelves does.
Because if I’d covered, say, the 1996 libel case brought by Irving I’d have bought his work, too. Why? Curiosity; the desire to quote from original sources; to hear Irving’s authorial voice; to understand how he magicked away mass murder. Later, my piece written, I’d have squeezed it in my unruly shelves with Mike Tyson’s Undisputed Truth and Naomi Wolf’s Vagina.
At this point I feel I ought to mention that the original Times article has that last word in italics.
Yet owning Irving’s book was to activist-journalist Owen Jones a window into Gove’s dark soul. On Twitter, people questioned why you’d read Irving rather than his many critics, as if they couldn’t trust their own minds not to be swayed. Gove was accused of “proudly displayed” antisemitism in his home. But books are not posters or cushions, mere expressions of personal taste.
What is the correct thing to do when you’ve read this book, in case some visiting fool concludes you’re a Nazi? Donating it to a charity shop risks further dissemination of evil. Well, you could burn it. That always goes well.
Here is Owen Jones’s tweet in all its glory.
Which of the books on your shelves would make you wish you had enabled the “blur background” function before turning on Zoom?
Apart from the obvious – a copy of Chavs by Owen Jones – I have three coffee-table books of reproductions of selected articles from the English language edition of Signal magazine, issued by the Wehrmachtpropaganda from 1940-1945. (It continued to publish an English language edition even after the US entered the war, ostensibly for the benefit of the Channel Islanders.)
How about you? Confess all and the tribunal will be merciful.
So you don’t read people you disagree with? Do you at least read the CliffsNotes version to know if you actually disagree with them?
To be fair, not uncommon, which is why my party trick of attributing Mussolini quotes to Marx to see what someone really thinks works so well.
– Perry de Havilland
At my personal blog, on Friday February 28th (Friday being my day for animal kingdom related stuff, most of it very silly), I posted a link (among other links of a similar level of profundity) to a video, of a snake that had swallowed a towel having the towel extracted back through its mouth by helpful vets. Ho, ho.
The link I posted, to a tweet someone had done, no longer works, but here is the drama I’m referring to.
But now, today, AndrewZ added a comment to that posting of mine which seems to me to deserve rather wider attention than it would get if I merely left it where he first put it. He wrote this:
A snake is a simple creature driven by its instincts. It follows a set of hardwired rules which it can’t question and which can lead to dangerous errors when it encounters something outside of its normal experience, like a towel. In other words, a snake’s mind is a very limited algorithm. But the world today is saturated with algorithms, from Facebook to FinTech to facial recognition systems used by the police and ten thousand other things. The $64,000 question – perhaps, the $64 billion dollar question or the 64,000 lives question – is how many of them are still operating at the “dumb snake swallows a towel” level of sophistication.
This is not, to put it mildly, my area of expertise. But, on the other hand, this is just the kind of thing that the Samizdata commentariat enjoys chewing on, metaphorically speaking. So, ladies and gents, chew away.
I did not pick this gem out of the mud all by myself. This has been the quote of the day at all sorts of places, this one included, for quite a few hours:
Next up, Walker’s crisps and Pringles.
Harry Miller: “This is a warershed moment for liberty”
The police response to an ex-officer’s allegedly transphobic tweets was unlawful, the High Court has ruled.
Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets.
He was told he had not committed a crime, but it would be recorded as a non-crime “hate incident”.
The court found the force’s actions were a “disproportionate interference” on his right to freedom of expression.
In a separate story from the one I quote above, the BBC goes on to report that
Mr Justice Julian Knowles said the effect of police turning up at Mr Miller’s place of work “because of his political opinions must not be underestimated”.
He added: “To do so would be to undervalue a cardinal democratic freedom.
“In this country we have never had a Cheka, a Gestapo or a Stasi. We have never lived in an Orwellian society.”
I did not know we still had judges like that.
Edit: This is the text of the judgement: Miller -v- College of Policing, 14 February 2020.
In the spirit of what Julie near Chicago said in a comment, at 11:33am, on this, which was this, …
I love Samizdata. You learn so much arcane stuff hereabouts!
(She then adds, by way of example, something about the Cloak of Invisibility, whatever that is. (I’m not asking.))
… I will add another little bit of arcane stuff here. Before today ends, because it concerns today. I refer to this:
02 02 2020
This is the first time in over 900 years (since 11/11/1111) the date is palindromic no matter the date format.
I learned this in a tweet, which I encountered because the noted military historian Peter Caddick-Adams, with whom I was once upon a time acquainted and whose twitterings I now follow (and more to the point whose books I also read with great pleasure), drew it to my attention.
Although, what if you just say 2/2/2020? Doesn’t that count as a “date format”? I think I just destroyed this posting.
Personally, I always try to put the name of the month and only use a number for the day, because once you get confused about the all-numbers way of identifying dates the confusion only ends with your death. (When trying to work out when a photo taken early in the month got taken, I tend to get brain-ache and have to work it out like a crossword clue.)
I notice that Samizdata also uses month names for all dates. Very wise, and further proof of why all should love Samizdata.
Whilst the British ‘comedy’ circuit has long been the preserve of the Left, events have taken a dramatic turn as Titania McGrath, radical socialist, feminist, intersectionalist, Twitter SJW par excellence and all-round good egg has escaped from Twitter into real life and has brought her insight to the stage.
The Culture War rages on.
Continuing my series of “Newspaper headlines mentioning vaguely newsworthy persons that I thought at first sight were jokes but turned out to be literally true”,
Prominent lawyer Jolyon Maugham clubs fox to death while wearing kimono.
Well, I suppose it is traditional to kill foxes on Boxing Day.
Yesterday’s entry: The Attorney General reads “‘Twas the Night Before Christmas”
“Twitter to ban all political advertising, raising pressure on Facebook”, reports the Guardian.
Having sent one tweet in my life, I am ill placed to say whether this is much of a loss to the world. Twitter is under no obligation to allow political advertising but Jack Dorsey’s stated reasons for forbidding it sound like a newly-ennobled Victorian peer attempting to efface the memory that he made his money in trade. Mr Dorsey, an advertising billionaire, thinks that the spread of political messages online “should not be compromised by money”.
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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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