Showing posts with label Freedom. Show all posts
Showing posts with label Freedom. Show all posts

11 July 2021

Are the hate speech proposals anything more than ineptitude?

Jacinda Ardern has demonstrated since the last election that she isn’t a “do nothing” Prime Minister, she wants to be transformative. She has been elevated by the predominantly left-leaning media domestically and internationally as a political superstar, quite something for someone who led a party that came a fairly distant second in 2017 and only gained powered with the support of two other parties (and until the Christchurch terror attack was looking lacklustre in the polls).  She has capacity for emotional empathy, rather than hard-nosed policy, and it is the former that drives her to reform laws on hate speech.  It’s clear she despises, like any right-thinking people, the ideology that drove the shooter to commit mass murder on the basis of religious belief. The idea that there are people who speak, shout, type, write or otherwise express hatred to others is a mystery to her, and her philosophy of the purportedly kind, caring, maternalistic state runs through so much of what she does and says.

So, she thinks, it is entirely consistent with her vision of the big mother state that people be prohibited from being mean to others.  The original issue around the Human Rights Act is that the two key provisions, S.61 and S.131, only apply to “colour, race, ethnic and national origins”, but of course an attack on Muslims isn’t readily defined by this, as Muslims can be from any racial or ethnic background, with majority Muslim countries ranging from Bosnia-Hercegovina through to Indonesia geographically.  However, it’s not so simple to simply amend the law to add “religious belief” because the law as it stands is absurdly worded.

The current provisions prohibit expressions that are “threatening, abusive, or insulting” (S.61) or “with intent to excite hostility or ill-will against, or bring into contempt or ridicule” (S.131).  Few would argue with the term threatening, but insulting is awfully close to prohibiting calling people names. Whereas bringing into contempt or ridicule looks exactly like a ban on criticism or certain forms of humour.  Allowing a law change to prohibit intentionally ridiculing people because of their religion is almost a law against blasphemy.  Sure it’s not nice to ridicule people’s religion, but the right to ridicule religion came from the Enlightenment.

So Ardern’s proposals (one can’t assume that the empty headed Kris Faafoi had much agency over these proposals) are to replace “threatening, abusive or insulting” and “with intent to excite hostility or ill-will against, or bring into contempt or ridicule” with a much more simple provision: 

intentionally incite/stir up, maintain or normalise hatred… of protected groups… through threatening, abusive or insulting communications, including inciting violence

Working backwards I know no one who disagrees with laws against inciting violence, so clarifying this alone would be welcome, but why restrict it to protected groups?  Inciting violence against ANY group of people (with a defence of self defence to cover situations when a group might attack someone or their property) should be a crime.  Why would it not be? However the rest deserves very close scrutiny indeed.

The proposal seeks to prohibit certain actions being “threatening, abusive or insulting communications”, with certain intent “to incite/stir up, maintain or normalise hatred” of the listed protected groups.  The key word here is “hatred”.  What is hatred?

For hatred to be “incited” or “stirred up” it must already exist somewhat, and certainly “maintain” and “normalise” are for emotions that already exist, “normalise” implies that there is hatred that exists that the “bad person” wants to say is valid.

Ardern doesn’t think hatred should exist, at least not towards the protected groups.

Going back to the actions that are sought to be prohibited, few would argue against threats, but what about abuse or insults? The most confusing element of these proposals is exactly what the terms mean, how a judge or the Police will interpret them in practice, and to help inform that it is useful to understand exactly what Ardern and her acolytes (including the Greens) think is action that is insulting and abusive, or even threatening, and how they interpret hatred.  You see it is the jurisprudence of today and the intentions of Parliament and how that percolates into the Police and the judiciary that matters.

And we all know what that culture is.  It’s the culture that is seen in trans-activism, that deems feminists who are concerned about self-identified trans-women with penises convicted of sexual assault entering womens’ prisons, as TERFS and spreading hatred.  There’s no nuance, the feminists are directly accused of inciting hatred, rather than engaging in a debate about a sensitive issue.  

It’s the culture seen in race-activism, that declares an organisation or system “racist” if the outcomes are not proportionate to inputs by race, always according to the race or races the race-activists are concerned about (they blank out other minorities performing much better).  It’s racist to be focused on the correct answer in mathematics according to some race activists in the United States, so would insisting that students not pass unless they get problems solved correctly “stirring up hatred”? Is ridiculing such people seen as threatening? 

It’s the culture of sex-activism. The lack of equal proportions of women on company boards or the so-called “gender wage gap” if challenged is seen as sexist, because equality of opportunity is not the goal.  Unless outcomes are equal, the system is one with entrenched misogyny, although the lack of men in primary school teaching is not seen otherwise. Is questioning the gender wage gap “normalising hatred”? Is this seen as insulting communications?

It’s the culture promoting permanent welfare dependency. Some on the left promote a guaranteed minimum income or perpetual increases in welfare benefits for those who don’t find work that they want. Is claiming that someone who has been on welfare for years is lazy or that the welfare state is parasitical inciting hatred against people on welfare?  Why is receiving taxpayer money seen as being deserving of protection, but having money taken from you by the government not?  

Finally, it’s the culture of blasphemy.  Charlie Hebdo has produced many magazine covers grotesquely insulting of religious figures.  There is little doubt that many adherents of those religions regard them to be insulting or even abusive and would argue that they are intended to incite hatred.  Could the law even be turned on itself by arguing that the likes of Charlie Hebdo are inciting hatred from Muslims against them as a provocation?  The same can be said of the Life of Brian, which some Christians may interpret as inciting hatred against them, through ridicule and insults to their religion.  It’s not hard to tell which of these is more likely to be seen as falling foul of the law.

One of Charlie Hebdo's highly offensive covers

And that’s just some of the protected categories.  Most of them are ridiculous.  What should be by far the biggest concern is that the very idea of including these protected categories got not only past officials, but past Ministers and the Prime Minister.

What mindset thinks it is ok to make hatred of groups according to political or ethical opinion illegal?  

There can be only two possible conclusions, mind-numbing stupidity or a sinister and disturbing set of beliefs about the limits of a free society.  With this government both are entirely plausible.  There is no shortage of very poor quality policy initiatives, whether it be the Climate Change Commission, housing, He Puapua, Fair Pay Agreements or the mess around large scale managed isolation vacancies whilst foreigners, and much much more.  

So it is quite likely that the Ministry of Justice lacks institutional capability to actually remove political and ethical beliefs from this discussion paper, but it must have gone through senior managers.  By what logical contortion can anyone defend criminalising hatred against Nazis?  This is what professional civil servants are meant to do, protect Ministers from doing anything stupid.

Because it’s abundantly clear neither Kris Faafoi nor his own Chief of Staff and advisors are capable of it.  He’s most certainly well out of his depth as Minister of Justice, it being utterly laughable that he is expected to lead a major legal reform.  Which then comes to the Prime Minister.  How could DPMC let this go through, how could Ardern and her advisors think it was right to criminalise hatred against people who think (for example), that sex between adults and children should be encouraged (e.g, groups like NAMBLA), or that human beings should progressively wipe themselves out (the voluntary human extinction movement), or the Khmer Rouge (a political group)?  Are they inept letting this get through, or just a bunch of woke morons who discuss and debate issues like some sort of mutually reinforcing circle of intellectual onanism?  Is it new age stupidity that thinks hatred is always wrong?

I’d like to think it isn’t sinister.  If Ardern et al genuinely think it might be a good idea to ban hatred by political group, they want to sanitise all political and ethical discussion to abolish “hatred” of ANY opinion.  It’s classic moral relativism, that all ideas are equally valid and ok, and nobody should “hate” people for having opinions that offend them.  This seems unlikely, not least because the dominant philosophical thread of this government and indeed the political mainstream is to not think all ideas are equally valid and ok, but rather a culture of wanting to suppress opinions that cause offence. I suspect Ardern doesn’t want to criminalise hatred against feminists against trans-gender radicalism (it’s not radicalism, it’s mainstream), but she does want to criminalise feminists hating trans-gender radicalism.  I suspect she doesn’t want to criminalise hating Nazis, but she does want to criminalise hating the Labour Party.  

The proposals should be scrapped, and much more simple reforms be instituted.  It should be abundantly clear that threatening behaviour whether communications or actions should be illegal, and that threatening behaviour should be towards individuals or ANY group of individuals defined by the person threatening.  They should not be defined by category.  Threatening Muslims, Green Party members, real estate agents, golfers, buskers or redheads should all be illegal, enough with the identitarian slicing and splicing people by categories.  Threats should include abuse that is threatening.

Creating a new law against hatred should be abandoned.  Ardern should sack Faafoi and appoint someone competent to be Minister of Justice, and that Minister should send shivers through the Ministry of justice that it dared propose such authoritarian rubbish that is seen in this discussion document.

You have under four weeks to make a submission - you should do it here.  


03 July 2021

Hate speech Proposals 3 to 6: are you likely to be causing incitement to discrimination? Who says

Having gone through Proposals 1 and 2, I have looked at 3 to 6 and there is more to be concerned about.

Proposal Three is simply an increase in penalties to fines of up to $50,000 and up to three years’ imprisonment, up from $7,000 and three months.  For threats these new penalties are reasonable, but given I reject elements of the proposals themselves, this becomes moot. It's notable that this penalty is higher than the following actual crimes of violence:

Assault on a child (S.194 Crimes Act)

Assault on a person in a family relationship (S.195 Crimes Act) (domestic violence)

Common assault (S.196 Crimes Act)

It is the same as assault with intent to injure or aggravated assault. So the Government thinks intentionally injuring someone's body is no more serious than injuring their feelings. 

Proposal Four would see the S.61 civil offence wording similar to that of the Proposal Two criminal wording, but also retain the existing provision of bringing a group into contempt would be retained. If you have issues with Proposal Two then they parallel Proposal Four.  

Proposal Five would see the Human Rights Act prohibit “incitement of others to discriminate” simply to align it with the International Covenant on Civil and Political Rights. Abiding by an international treaty is not an argument in and of itself for reform, as it should be advanced on its actual merits.  The proposal chillingly says: 

Under this proposal, section 61 would also make speech that is likely to cause incitement to discrimination unlawful

So the law would mean Police would have to decide if speech is “likely to cause incitement to discrimination”, and of course it applies to the long list of groups, including political and ethical belief. 

Imagine that, the state deciding not if you intended to incite discrimination but that you are likely to cause incitement to discrimination. Frankly, much of what the Maori Party says lately may do just that, but so might columns written about race, gender and identity. So-called “TERFs” will be deemed as likely to cause incitement to discrimination (if Proposal Six continues), but so will strict Catholics. Of course there are those who think that not being 100% compliant with UN treaties is somehow an act of turpitude, but given the UN accepts membership from a jurisdiction that incarcerates small children as political parents for the crimes of their parents, none should be churlish about simply laughing at claims of moral superiority.  

It is not the role of the state to punish people for making speech based on some probability that it will incite someone to discriminate against another, particularly on grounds of political belief.  To hell with such an illiberal attitude to what people say or write.

Finally Proposal Six, which seeks to expand “sex” to include “gender, gender expression and gender identity” to S.21 of the Human Rights Act.  Given that some trans-activists regard any challenge to be an act of hatred, the scope for this to be abused is considerable. There is a case to say that people should not be legally required to accept a purely self-identified change of gender, or that birth certificates should not be altered to remove any reference to biological sex at birth.  Some women are uncomfortable with biological men who identify as women being allowed into spaces declared for women, and they should not be regarded as inciting hate for expressing their concerns.  Nobody should threaten or incite threats against people regardless of gender identity or expression, but adding this category to any laws constraining speech beyond that is not the role of the state - the state does not exist to protect people from being insulted. 

Overall the proposals by the Ardern Government are chilling in their breadth and depth.  If the intention is to better protect people from threats or incitement to violence, then the scope of the proposals should be much much tighter, but that is clearly not the intention.  The intention is to prohibit "hatred" and promoting "hatred" against groups, some of which are defined by immutable characteristics, some reflect personal choices (marital, employment, family status), some reflect matters of conscience (religion, politics or ethics). Yet it goes further than that, it seeks to prohibit communications that Police (for it is they who enforce these laws) will interpret as being likely to cause incitement to discrimination.

At a bare minimum if these changes proceeded excluding political belief and ethical belief, they would be notably less dangerous, but there is a much more fundamental question at stake here. Beyond threats of violence or inciting threats, what rights should the state be protecting people from being violated?  Do you want the Police to arrest people for insulting others, particularly insulting them online?  Do you want films, novels, letters, conversations to get you criminalised because someone thinks you are likely to cause someone to be encouraged to discriminate against a group?  

If you are an activist for Palestine (I am not), are you happy that your incessant opposition to Israel could be likely to incite hatred of Jews?  If you are an activist for Maori sovereignty, are you happy that your constant portrayal of Pakeha as colonisers, privileged and racist is likely to incite hatred against them? If you are an activist for Hong Kong democracy, are you happy that your portrayal of the Chinese Communist Party could be likely to incite hatred against Chinese people? If you are an activist against honour killings are you happy that your concern over Salafist teachings could mean you incite hatred against Muslims generally? In all cases because Police think so?

In the past decade or more the prevailing culture has shifted to one of ever growing intolerance of people having opinions that some disagree with. It has been predominantly driven by a far left almost Leninist approach to disagreement.  Those who challenge Maori seats in local government are called "racist" as a kneejerk pejorative, those who question trans-women engaging in womens' sports are "transphobic".  Those advancing these changes are almost certainly of the philosophical perspective that supports these perspectives, that regards classical liberal positions on individual freedom and rights to be at best archaic, or at worst somehow white supremacist and misogynist.  

There are crumbs of sense in these proposals. There should be clarity around laws that prohibit threats or incitement to threaten people on any grounds, but there is neither a need for the other changes, nor are they compatible with an open, vibrant, liberal democracy. Whether you are libertarian, conservative or a left wing radical, or a believer in any religion, or none, or if you hold an ethical position that many find outrageous, you should fear these changes, and you should oppose them.

You have until 6 August to oppose these changes, you need to tell the Minister of Justice and the Government what you think.  

02 July 2021

New laws on hate speech: Proposal Two, a consolidation of law against threats or another step too far?

 So Proposal One will prohibit publishing, broadcasting or using words in a public place that are threatening, abusive, or insulting to anyone on the grounds of a wide range of factors. It would also prohibit expressions with intent to excite hostility or ill-will against or bring into contempt or ridicule on a wide range of grounds. These grounds include political opinion, ethical opinion and religious belief, all of which should send chills down the spines of anyone who even claims to be remotely liberal.  

Threats and abuse are actions that give rise for concern, but the state does not exist to protect people from being insulted because of what they think.  Likewise, exciting hostility (which is threatening) also gives rise for concern, but ill-will, contempt and ridicule are entirely legitimate emotions against political ideologies, ethical positions and religious dogmatism. Christians should not be protected from Monty Python, which intends to ridicule their religion, but neither should Muslims be protected from Charlie Hebdo. I shouldn’t even have to explain why political and ethical positions shouldn’t be protected.

So what about Proposal Two?

This is where it gets a little complicated, because it proposes to amend one of the Sections discussed in Proposal One by replacing it altogether.

It proposes to replace the criminal provision in the Human Rights Act (S.131) with a provision in the Crimes Act and replace the words “excite hostility, ill will, bring into contempt or ridicule” with “incite” or “stir up” “hatred.  

It would be a crime to:

1. intentionally incite/stir up, maintain or normalise hatred

2. against any group protected from discrimination by section 21 of the Human Rights Act

3. through threatening, abusive or insulting communications, including inciting violence

4. made by any means.

This has a kernel of merit. There should be clear provisions on inciting violence, but it should not be confined to groups listed in S.21 of the Human Rights Act, it should apply to ANYONE. Similar threatening communications should be illegal as it is threatening an initiation of force. 

However, it once again wants to criminalise abuse and insults if the intention is to incite hatred. However, once again, why should there be protection on the grounds of political belief or ethical belief? Why shouldn’t people hate communists, advocates of sex with children or ISIS? What is morally wrong with inciting hatred against groups that advocate violence against others? The obvious question is what about all other groups? Should the law make it a crime to stir up hatred against groups based on immutable characteristics? Most importantly, where does religion fit into this?  Religion is sometimes an identity equivalent to ethnic identity. After all, the divisions in Northern Ireland aren’t really about the source of interpretation of scripture, but a form of tribalism – and such hatred is utterly toxic and irrational. Yet religion itself is a source of power, and ethical and political belief, and so should not be protected from those who hate those beliefs. Dr. Richard Dawkins and the late Christopher Hitchens both regarded all religions will contempt and even hatred, so why should that be at risk of prohibition? Indeed why should similar beliefs by the religious against atheists also be prohibited?

However there is more to this.  How will inciting hatred be interpreted? Is challenging Maori ethno-nationalism going to be seen as inciting hatred against Maori? Is challenging trans-gender activism going to seen as stirring up hatred against trans-gender people?  How much of an incentive is there for protected groups to claim this is exactly what critics are seeking to do?  If the answers to this are unclear, then this proposal should be rejected as well.

I'm all for a clear criminal provision on inciting violence and expressing threats to anyone (of any form of initiated force or fraud), but the idea there should be a law against promoting hatred against groups defined by what members of those groups think, or that it can be used to shut down criticism of what people think because it is claimed to be about their protected status is fundamentally illiberal and unacceptable in a free society.

01 July 2021

New laws on hate speech: An honest attempt to protect people or a sinister effort to erode free speech?

As a libertarian my instincts are for the highest levels of freedom of speech. However as with all freedoms its limits lie where they infringe on the rights of others. Libertarians aren’t anarchists, you can’t “do what you want” when it initiates force or fraud against another. As your rights are to be free from violence against you or your property (and your property includes intellectual property and your reputation), then the appropriate limits on freedom of speech are those that violate the rights of another. There are laws on these violations already.

That includes threats of violence, it includes inciting others to inflict violence (including property damage) and includes recording a crime as an accessory to that crime (this covers child pornography and filming rape or someone being assaulted “for fun”). One claim is that the law doesn’t cover threats of violence against groups, but a group is a collection of individuals, and if this is true then a simple amendment of the Crimes Act can be made, with S.174 adding to “person” the words “or group of persons”. S.306-308 also contain provisions around threats that are relevant, so they idea that somehow there is some yawning gap in the law that allows people to threaten others with violence is simply false. 

Is expressing hatred of someone a violation of that person’s rights, or more generally is expressing hatred for a group or class of people a violation of their rights? In and of itself no it isn’t. Hatred has come to be an emotion that the “kindness” state of Jacinda Ardern wants banned, but it is not an emotion without merit. In the right context, it is not only appropriate, but almost a moral imperative. Why would any decent person not hate Fred and Rosemary West, or “Dr” Mengele, or Saddam Hussein? If a defined class of people are waging violence against you or your loved ones, or even complete strangers why should you not hate them? Actual Nazis, the Khmer Rouge, ISIS, Al Qaeda, the Stasi, Japan’s wartime Imperial Army, a mafia family, a criminal gang.  

You don’t have a right to be protected from someone hating you as an individual or a member of a group. Indeed, this is a position held by many people across the political spectrum. Religious zealots hate non-believers, communists hate the bourgeoisie, trans-activists hate those they call TERFs, socialists hate “neo-liberals”, environmentalists hate fossil fuel producers and buyers of large utes, crime victims hate criminals, etc etc. You see hatred of others is a normal reaction to a passionate set of beliefs or a passionate belief in injustice. The issue is when such hatred is expressed as a threat, whether it be a direct threat to imminent violence or an implicit threat of violence or other action to prevent someone going about their lives peacefully. The fear generated by those expressing such threats, and by those touting bigoted views is palpable and contrary to the values of a rational, moral and liberal society.  The question is how to address such threats. Criminal law should protect people from threats of violence, but I’m very cautious about how far to take that. 

So there is hate speech law now, but the Ardern Government wants to go further. The stated purpose is to help prevent a repeat of the Christchurch Mosque Attack, but this hypothesis is questionable at best. Let’s look at the direct purpose of the proposed changes from the discussion document:

The proposals target the types of communication that seek to spread and entrench feelings of intolerance, prejudice, and hatred against groups in our society. All people are equal, and our society is made up of people with many different aspects to their identities. The incitement of hatred against a group based on a shared characteristic, such as ethnicity, religion, or sexuality, is an attack on our values of inclusiveness and diversity. Such incitement is intolerable and has no place in our society.

The idea that inciting hatred against a group based on a shared characteristic that is inherent to those people is certainly an attack on the values of a free liberal society and should have no place in a free society. However, if a shared characteristic is simply sharing an opinion, there that is a whole different situation. You can’t help race, sex or sexuality, but you can help what you think, and what some people think does not entitle them to be immune from hatred.

So the proposal is not about threats of violence, but about communications that are intended (intent matters after all) to spread and entrench (i.e., sustain) “feelings of tolerance, prejudice and hatred”. Now it’s easy to work out what these might be, the problem is what some might think these are. 

Is the column by Karl Du Fresne in the Spectator that talks of “Maorification” one that “entrenches” feelings of prejudice, or is it legitimate political commentary?

How about when Debbie Ngarewa-Packer describes in the NZ Herald NZers as either being tangata whenua, recovering racists and racists? Does that seek to spread feelings of intolerance against non-Maori?

Clearly there is no point asking Kris Faafoi, who doesn’t have a clue as the least qualified Minister of Justice for 13 years. The man's an idiot. Furthermore,  Jacinda Ardern thinks she shouldn’t be responsible for explaining what Cabinet’s decisions on new laws should mean in practice.  The nodding dogs of the Labour left and the Greens are all filing in behind her, so it is better to just read the proposals.  So in this post, I'll look at just one.

Proposal One: Change the language in the incitement provisions in the Human Rights Act 1993 so that they protect more groups that are targeted by hateful speech. Under this proposal, more groups would be protected by the law if hatred was incited against them due to a characteristic that they have.

This is about Sections 61 and 131 of the Human Rights Act. Section 61 prohibits publishing or distributing written matter, or using words in a public place that are “threatening, abusive, or insulting” on the grounds of colour, race, ethnic and national origins. Section 131 prohibits “with intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins”. 

The Government wants to expand the groups this law “protects” from “insults” or from “contempt or ridicule” far beyond race and nationality. Consider the categories it wants to include:

Sex (so no jokes about men, or women)

Gender (no jokes about men who self-identify as women and look absurd)

Marital status

Religious belief (so yes that IS Life of Brian. Don’t intend to ridicule religion)

Ethical belief (so don’t be ridiculing people who think abortion is murder, or who think pornography is good or evil, or that smacking is good practice, or etc etc)

Disability (including carrying an infection)

Age (don’t ridicule stupid young or old people)

Political opinion (don’t bring communists or libertarians into contempt or else)

Employment status (don’t bring into contempt people who are receiving taxpayers money)

Family status (which includes “being a relative of a particular person” so you can’t ridicule a husband/wife/partner of a psychopath?)

Sexual orientation.

Some of these are less objectionable than others, but the idea that there should be a prohibition on bringing into contempt or ridicule people because of their opinions is entirely outrageous.

Intending to bring into contempt any group of people on the grounds of their religious belief will be banned. That’s frankly outrageous. Fundamentalists of any religion should not be immune from insults or being brought into contempt because their beliefs are worthy of contempt.  This is blasphemy law through the back door. It goes further, you can’t ridicule entire groups because of their ethical belief (i.e., blood transfusions are evil, or vaccinating children is evil), nor can you ridicule people for their political beliefs.

This is frankly extraordinary. 

Given the Christchurch shooting was entirely motivated by religious hatred, if the law were to be about change to cover this, it would be simple enough to only prohibit threatening language regardless of the basis because nobody should be threatened.

This proposal alone should cause anyone who believes in liberal democracy and freedom of expression to go cold and simply reject this nonsense. 

To add insult to this, the discussion document assumes that there isn’t a legitimate point of view that outright opposes this proposal. It’s proposed questions are:

Do you agree that broadening the incitement provisions in this way will better protect these groups?

o Why or why not?

- In your opinion, which groups should be protected by this change?

- Do you think that there are any groups that experience hateful speech that would not be protected by this change?


The first question begs the question “protection from what”? From being ridiculed? Is the question ever asked why some groups should be protected from ridicule?

The second question is just “what groups” should this apply to.

The third question is “who else can we protect from being laughed at”?  I can see some saying “fat people, thin people, redheads, blondes, short people, people wearing revealing clothing, people wearing hats, types of occupation, types of recreational activity”.  I mean the list of groups is ENDLESS.

To hell with this Orwellian social-engineering philosophy to “protecting” people based on their opinions. There is a shred of value in asking why sex, disability and sexual orientation are not included in the current law, because those are characteristics that are essentially immutable, but almost every other element listed is a conscious characteristic.  At the very least this proposal will have a chilling effect on humour, but at worst it will make it illegal for me to say communists are either morons or psychopaths, or that Salafist Muslims are stone-age cretins, or that the Green Party are a bunch of loony leftie authoritarian control freaks.

And that’s just Proposal One….

It alone should cause you to make a submission before 6 August (see here for details).

By the way, good on both David Seymour and Judith Collins for taking this on, and also on the left, for Martyn Bradbury, who I scarcely agree with on anything, but he's right on this one.




01 October 2019

70 years of the most deadly tyranny of human history

The People's Republic of China is celebrating 70 years today, but for anyone who believes in the dignity of humanity, any semblance of individual rights and freedom, or even believes that human beings should deal with each other in a context of truth, honesty and openness, it should be a day of mourning.

For all of the tales of the economic successes in mainland China since it abandoned Maoism in 1978, it is overwhelmingly a tale of blanking out the horrors of the rule under Mao, the ongoing horrors of a techno-authoritarian state that still treats its people as a means to an end, and a system that spread the spilling of blood beyond its borders.  Despite the power, prestige and wealth of China today, it is still poorer, materially and in human terms, on a grand scale, than it would have been had Mao's madness been defeated.  Indeed, had Mao not come to power, there are literally millions of people outside China who would not have been murdered by the regimes that he explicitly backed, armed and supported.

For China, as with Germany and Korea, there is a quasi-scientific laboratory of what would have been had the Communist Party been defeated.  Hong Kong may seem the obvious one, but the more compelling one is the "other" China, the Republic of China, in Taiwan.

You see in 1949, Taiwan was largely agricultural when the Kuomintang fled the Chinese civil war and set up its based in Taipei.  Sure, I don't have any delusions about the regime of Chiang Kai-Shek.  He was bloodthirsty, intolerant of political plurality and ruthless against dissent, but he did not embark on crazy plans that created mass famines, nor did he shut down the education system and economy for a Cultural Revolution.  More notably, as the People's Republic was recovering from the poverty, purges and madness of Maoism in the 1970s and 1980, the Republic of China on Taiwan saw off Chiang Kai-Shek, and his son, and became a vibrant, dynamic liberal democracy.  It has been so now for over thirty years.  

So Taiwan is free and Chinese, but it is also much wealthier per capita.  On average, incomes in Taiwan are 2.5 times that of mainland China.  Car ownership is 2.7x higher in Taiwan than the mainland.  Now of course the mainland has a much more diverse and complex demographic than Taiwan, but given Taiwan was a rural backwater in 1949, it truly is an economic miracle (the same tale is that of south Korea, as the southern half of Korea was mostly rural, but the north industrialised, not that you would know today).

By other indicators Taiwan is superior, on inequality the GINI index is 0.336 compared to 0.468 for the PRC (1 is highest inequality).  So "socialism with Chinese characteristics" is less effective at reducing inequalities than a capitalist liberal democracy.

However, this is about much more than economics.  China lost between 18 and 56 million people in the Great Leap Forward primarily due to man-made famine, as Mao diverted farmers to making what was effectively junk steel, farmers were forced to surrender a third of output for export and many other centrally directed follies such as the mass slaughter of birds (the Four Pests Campaign) resulting in an invasion of insects.  Beyond the famine was the political murders, the purges and the suicides due to the political campaign.  Frank Dikötter's book Mao's Great Famine devastatingly portrays the horrors of the time.  Mao was certainly history's greatest killer.

Beyond that, the PRC has executed millions as political prisoners, its maltreatment of Tibetans and today of the Uighur community in Xinjiang province are all horrors in their own right.  The Black Book of Communism estimates 65 million died due to the policies of the People's Republic of China, including murders, suicides and famines.  Sure some may argue details, but Mao did after all encourage the USSR to start World War 3 claiming that China could lose half its population and still have more people than the United States.  The One Child Policy nationalised human fertility and means there are now 30 million "surplus" boys or rather men who will never statistically find a female partner. This is also apparently affecting crime, as boys grow up in male dominated environments.  For all of the Communist Party's propaganda about the rights of women, it still owns the fertility of Chinese women, and it has never had women remotely close to power (excluding the psychopathic Jiang Qing).  

The PRC claims to have esteemed credentials in international peace, but they are disingenuous.  This is the country that released the last ever atmospheric nuclear weapons test (16 October 1980), which started war with India in 1962started a conflict with the USSR in 1969 and then attacked Vietnam in 1979 (because Vietnam removed China's Khmer Rouge from slaughtering the people of "Democratic Kampuchea").   

For within a year of founding the PRC, Mao encouraged fellow megalomaniac Kim Il Sung (as did Stalin) to attack the Republic of Korea, starting the Korean War.  When it all went sour when the US led UN forces pushed the regime to the Yalu/Amnok River, Mao sent in his "Chinese People's Volunteers" to save the Kim Il Sung Democratic People's Republic of Korea, prolonging the war by two years.  It's the People's Republic of China that has kept the world's only third generational hereditary Marxism-Leninist dictatorship afloat with the world's longest personality cult.  That's not something to be proud of.

Then you can look at Indochina, and consider the Khmer Rouge. Backed by Mao militarily, financially and ideologically, Pol Pot took inspiration from Mao's peasant revolution to deindustrialise Cambodia, empty the cities and put the entire population into slave like conditions to produce rice.  The starvation and slaughter of opponents (including anyone with much education, or who wore glasses) saw a third of Cambodia's population killed.  The Khmer Rouge abolished money, private property and business, and in the process extinguished millions of lives.  The People's Republic of China continued to back the regime after Vietnam invaded and overthrew it (as did some Western powers to their disgrace for some years), and today Beijing keeps the kleptocratic bully Hun Sen in power as it engages in neo-colonialism of Cambodia.

Today we can see the PRC building bases on disputed islands in the South China Sea, its neo-imperialism with developing countries as it accesses resources and provides authoritarian regimes with means to track dissent.  The PRC continuously talks of international relations in its simplistic and self-serving way, with one of its key principles "non-interference in each others' internal affairs", which is the tyrants' code for "if you don't mention us murdering our citizens we wont mention yours". For the Communist Party of China, executing dissidents and abusing Chinese people is an internal affairs, it regards itself as accountable to nobody.  Part of its view on internal affairs is Taiwan, which it does not tolerate as a competing regime.  Unlike Korea and the former divided Germany, the PRC has long taken the view that there being only "one China" that countries could either recognise the government in Beijing or the government in Taipei (admittedly Chiang Kai-Shek embraced this while he was alive too).  Even though the Republic of China government in Taiwan has de-facto relinquished any legal claim to govern the rest of China, the People's Republic of China considers itself the sole legitimate authority on Taiwan, so reserves the right to use force to "reunify" the country.  So Taiwan is diplomatically isolated, even though it is, to all intents and purposes, a capitalist liberal democracy with the freedoms seen in Western liberal democracies, and indeed Japan and the Republic of Korea as well.  Beijing is so threatened by the example across the Taiwan Straits, of Chinese people peacefully interacting and living in harmony under liberal democracy, that it seeks to blank it out of history and international affairs.

However, for today - a day ordinary Chinese people are not allowed near the celebrations in Beijing (remember any "People's" Republic is ironic, as it is only about the people as an abstract, not the messy, complicated, diverse and curiosities of real individual humans), because realistically the celebrations are NOT about the achievements of China, but the achievement of 70 years of a political monopoly on power by one of the most inept, corrupt and murderous political entities the world has ever seen.  China's growth in the past forty years is a testament to the hard work, determination and ability of Chinese people set somewhat free after thirty years of totalitarian tyranny, but it is in spite of the central control and direction of the Communist Party of China.

Had China avoided the catastrophe of Mao, it would today be a developed country, with a longer life expectancy, higher standard of living, with literally millions more people of talent and ability thriving, and a vibrant culture of debate, discussion, civil society and community.  Not a culture of fear, surveillance, authoritarianism and concealment of history and reality.  It may more closely resemble Taiwan, the Republic of Korea and Japan, and be a force for economic and political freedom, and the values of human dignity and the individual.

The People's Republic of China has been a catastrophe for so many in China, and has contributed to catastrophe elsewhere.  It is a threat to the freedoms of the people of Hong Kong and Taiwan, and is the world's greatest executor.  It is a modern surveillance state, built on intellectual property theft and a culture of fear, corruption and intensive state control, moreover the country is simply the tool of the Communist Party of China, which is itself not accountable to the government (nor is the People's Liberation Army, the armed wing of the party and state).  For the people in China, they may feel justified in celebrating the last forty years of remarkable economic growth and improvements in net standard of living for so many, but that is only because they partially embraced the economics of free market capitalism after decades of totalitarian central planning.  The Communist Party of China got out of the way to enable this, but what it does today is dehumanise and classify the people of China, treating them as servants of the Party and the State.  The people of China deserve better, and some people of China have that.

The future of China can be seen in Hong Kong and Taiwan, if the Orwellian bullies of Beijing dare let them be themselves, and reflect on what could have been and what could be, if they just trust the people.  After 70 years, the people of mainland China ought to be allowed to grow up, speak out without fear and choose those who govern them, and expect the basic principles of rule of law, individual freedom and autonomy, private property rights to apply to them, as they do to the 23 million Chinese people in Taiwan and the many millions of others worldwide.

I'll leave my final comment to the Mainland Affairs Council of the Republic of China in Taiwan:

"The Chinese Communist Party has persisted with its one-party dictatorship for 70 years, a concept of governance that violates the values ​​of democracy, freedom and human rights, causing risks and challenges for the development of mainland China... Its shouting about the struggle for unity, great rejuvenation and unification is only an excuse for military expansion, seriously threatening regional peace and world democracy and civilization...The lifeline of the survival and development of mainland China is not tied to one person and one party"

22 November 2017

Korean People's Army soldier flees for freedom over the DMZ, gets shot

A bit of context.  

The two Koreas are divided by the DeMilitarised Zone (DMZ) which is actually one of the most militarised zones anywhere in the world.   I've travelled on the road to the DMZ from the northern side and you can see that very road (in the DMZ) up till he passes a checkpoint at around 1:07.  That is the first indication he is not authorised to drive in the DMZ.  Before that is a major north Korean tourist landmark in the DMZ as the location where the Armistice that halted the Korean War was signed (called the DPRK "Peace Museum" naturally).   It is in the heavily forested area to the right side of the footage up till the checkpoint that he is seen passing.  When I was there, there were several tour coaches located on this road, they are not visible here, indicating no foreign tourists were at the DMZ on this day (had there been, it may have stopped them as there are likely to be more guards on such a day).

At 1:18 you can see the panic as he passes the checkpoint although slowing down to cross Bridge 72 (still on the northern side) into the northern half of the Joint Security Area.  That is effectively when he has moved from the northern part of the DMZ into the concentrated JSA.  No more than 35 guards are permitted to be on duty, for each side, in the JSA.  At 1:33 he is in the JSA.  By this point, he will have caused a major panic on the northern side as he will have been keenly observed.  By 1:55 he has passed Tongil Gak, which is the northern side meeting house where joint meetings between both sides are held on an alternate basis with the southern equivalent (Peace House is the southern side equivalent).

At 2:00 he passes the Kim Il Sung "signature" monument which was installed shortly after he died in 1994.  The myth is that his last statement the day before he died on 8 July 1994 was this one, of course seeking reunification (ignoring that few on the southern side want a reunified personality cult led slave state like exists in the north).  Shortly after that he drives towards the Military Demarcation Line (MDL), which is effectively the boundary of control between the two Koreas.  It is then he stops driving near a Korean People's Army building on the MDL.  At 2:28 the shot shifts to see the reaction of soldiers from the northern side in front of the main DMZ buildings on the northern side running to see what is going on.

At 2:55 you can see his vehicle is stuck, he is fewer than 10 metres away from the other side.  At 2:58 he escapes the vehicle and runs for it, while being shot at by the Korean People's Army (KPA) soldiers. At 3:02 another image shows him on the southern side running for "Freedom House" the southern side main building.  At 3:12 one KPA soldier is seen crossing the MDL, which is a big no-no, in pursuit before he remembers and runs back.  Footage for a while after that shows KPA soldiers rallying in panic, but from 4:59, southern (Republic of Korea) soldiers crawl to recover the injured defector.  Crawling out of fear that the KPA ones might shoot them.




That's it.  The KPA is among the most well fed organisation in the north, it's curious that the number of army defectors has been growing in recent years, as news of the outside world trickles in via DVDs smuggled in via China of life in the south.

10 June 2016

Libertarian position on the EU Referendum

On 23rd June, the UK will vote on whether to remain in or leave the EU.  I'm voting to leave the EU, and believe that, on balance, those who believe in individual liberty including free trade should strongly support leaving the EU.

Bizarrely, Prime Minister David Cameron, having campaigned for a referendum, is now claiming that a vote for the UK to leave would trigger recession, economic catastrophe and even risk future war.  He’s been asked why he bothered putting the UK through such a risk, particularly since only months ago he said the UK would “do ok”.    Now both the Tory Government, most of the Labour Party and virtually all Liberal Democrats, Scottish and Welsh Nationalists and the Greens are all campaigning to remain in the EU, whereas the campaign to leave is led by Boris Johnson,  Michael Gove, nearly half of Conservative MPs, a handful of Labour MPs and UKIP.

The two main planks of the Remain camp are first that leaving the EU Single Market would damage the economy, and they cite many economists, the IMF, World Bank and OECD who all support this, along with some major business leaders and companies.  The second claim is that leaving the EU “lessens Britain” and isolates it, and means the UK loses influence. 

The Leave campaign has a few key messages.  One is that it will save £350m a week from not contributing to the EU (although that excludes receipts from EU programmes to the UK and Thatcher’s rebate, which could be removed at any time).  Secondly, is that leaving the EU will return sovereignty to the British Government, rather than the EU, which passes laws, even if all British MEPs oppose them, imposing them on the UK.  Thirdly, is concern that immigration cannot be effectively controlled whilst there is free movement and full rights for all EU citizens to reside in the UK.

For a libertarian, the EU referendum does mean a trade off.   Indeed, the only two elements of the EU that are pro-freedom are the single market and free movement of people.

EU Membership does provide a single market of over 550 million people, for goods if not for services.  However, it is a customs union that is highly protectionist, and has for decades been one of the biggest objectors to global free trade in agriculture and in many services at the WTO, particularly because France is consistently resistant to trade liberalisation.   Much is made of the EU signing “trade deals” with other countries, but it rarely includes services and never includes agriculture.   Nick Clegg likes to describe the many years and reams of paper needed for the EU to reach trade agreements with the likes of Canada, as if this is the norm (and a burden the UK would have to bear with other countries if outside the EU).  Yet this is quite unnecessary.  New Zealand and Australia agreed on free trade (CER) in less than four years, with a relatively simple agreement.  The only reason free trade agreements become complex is when one of the parties wants exemptions – not actually wanting free trade. 

The second libertarian element of the EU is the free movement of people.  The ability to cross borders virtually unimpeded is of significant value, but it is unconditional.  No EU Member states have the ability to shut out other EU citizens if they have been convicted of any serious offences.   I am not from the camp that believes that free movement within the EU is inherently bad, but I do believe countries should be able to exclude foreign nationals who are proven violent criminals.  The UK's immigration problems are in part, its own fault.  Its health system is the world's biggest civilian bureaucracy that makes feeble attempts to restrict non-national usage and asks nothing of users in terms of financial contributions.  Anyone with legal residency in the UK has access to the welfare state (including generous tax credits for low income workers and child benefits), to taxpayer funded education for their children and access to publicly subsidised housing (indeed there is a "legal right" to housing in the UK, paid for by others).   

In short, the UK has a welfare state edifice that is attractive to migrants with low skills, especially coming from much poorer countries with inferior health, education and housing provision.   If it wants to reduce immigration, it ought to look in the mirror.

Furthermore, as journalist Rod Liddle said at a Spectator hosted event on June 13th, eastern Europeans don't pose an existential threat to western civilisation or to the values of individual freedom that give cause to be concerned about Islamism.  As much as some are concerned about Polish migration to Britain, they integrate, they embrace the values of a developed Western liberal democracy, they set up businesses, they are not demanding media not offend them with threats of violence. Notwithstanding the distortions caused by the UK's wider welfare state, I am not concerned about migration from eastern European, as long as prudent measures are made to exclude convicted violent criminals.

However, the freedom of movement and freedom of trade within the single market do not, for me, outweigh what's wrong with the EU:

- It is a massive exercise in regulation and legal control on almost all areas of the economy.  The EU has over 10,000 Directives on anything from standards for fruit and vegetables, to blowtorches, to light bulbs, to employment.  It is a huge corporatist system that imposes major compliance costs on businesses, restricting new entry and restraining innovation.  Most explicitly, the EU has prohibited the use of genetically modified organisms in agriculture, ensuring that research and development of GM technology outside laboratories is based in the US and Asia, not Europe.

- Its budget is dominated by the protectionist racket known as the Common Agricultural Policy (CAP).  The CAP inflates the price of food for Europeans by heavily restricting imports from more efficient producers from many countries, including New Zealand, and subsidises overproduction in Europe which is then exported undermining market prices in other countries including poor producers in developing countries.  The CAP impoverishes farmers in poor countries, whilst the EU engages in pious virtue signalling about how much it cares about inequality.  The CAP itself isn't even equal in Europe, as it would have gone bankrupt had eastern European producers been subsidised at the same rates as those in western Europe, so perversely farmers in the EU's poorest countries (e.g. Bulgaria) receive subsidies one-third lower than those in its richest countries (e.g. Luxembourg).

- The EU takes £10 billion a year of British taxpayers' money more than it returns (and most of what it returns is to prop up farmers, to fund research projects or pious regional development projects).  That is money currently borrowed from future taxpayers.  It should end to help balance the budget.  The ludicrous idea that this is the "price for accessing the single market" is absurd.  Free trade does not need to be accompanied by massive subsidy schemes for small parts of the EU economy or politically motivated infrastructure, research or vanity projects (such as Galileo - the EU's complete duplication of the US GPS system, under the nonsensical basis that the US might "shut it down one day").  Furthermore, the majority of EU Member States are not net contributors, and until the past three years neither was France (primarily because it takes so much back in subsidies to prop up its 19th century farming sector).

- The EU is fundamentally authoritarian in instinct, having contempt for the democratically expressed choices of EU Member State voters (the EU President recently said that certain political parties would "not be allowed" to have power if they won elections in EU Member States, such as the Freedom Party in Austria).  The EU's utter failure to provide any discipline on spending in some Euro-member states and contempt for popular revolt at the resulting economic collapse reflects its distance from the concerns of Europeans.  Notably, it has taken few steps to address Hungary's creeping authoritarianism as its government subverts much of its media to support its own propaganda.

- Members of the European Parliament have no powers at all to introduce new legislation including legislation to abolish existing Directives.  Only the European Council can introduce draft legislation into the European Parliament, and the Council is comprised of people appointed by Member State Governments.  The closest the EU gets to accountability is that MEPs can vote to oppose the passage of draft directives, but none can propose their own new legislation.

- The European Commission budget has been found to be materially in error every year for the past 18 years, most recently by 3.9%, or around €5 billion.  This is in part because of the complexities of its spending programs there is considerable scope for fraud and mistake.  Never mind, the EU just keeps asking for more money.

- The EU never cuts its budget, ever.  Every year it asks for more and more, it never ceases to undertake any functions, it never seeks to hand back powers to Member States.  It grows inexorably.  Ten years ago it didn't have a common Foreign Policy, it is now discussing haviuniong an EU Army.  Bear in mind this growth continues in spite of it telling the likes of Greece and Spain that they need to cut spending to balance their budgets.

- The EU falsely claims it is responsible for peace in Europe amongst its Member States, ignoring not only the role of NATO in deterring war with the Soviet Union, but also the more fundamental principle that liberal democracies don't go to war with each other.  The EU got in the way of addressing the war in the Balkans in the 1990s as it opposed letting the Bosnian Muslims arm themselves to respond to the Serbian ultra-nationalist genocide being led by Radovan Karadzic, it has been divided over Ukraine.

- The EU attracts mediocre political appointees to have considerable power over us all.  The UK supplied the second Foreign Minister, Catherine Ashton, a Labour Party member, unionist and former peer (i.e. never elected) who had no foreign policy background.  Failed UK Labour Leader Neil Kinnock built a long career for himself and his family in the EU.  

- The EU has attacked free speech by requiring Google to remove content from searches that EU citizens specifically request as being the "right to be forgotten" .  More recently it has sought to have a common approach to "hate speech", including a call to restrict "disrespectful public discourse".  Fuck off you arseholes.

- The EU project's ultimate end game is a European superstate with power over taxation, national budgets and a massive programme to "harmonise" the regulation of all industries and sectors as one.  This superstate will not be interested in reducing what it does, granting more freedoms to its citizens and reducing its burden on taxpayers, rather the contrary.

Supporters of the Vote Leave campaign have produced this movie below, which is being freely distributed.




I have already cast my postal vote to leave and no, I don't take the views of President Obama, John Key, the IMF, World Bank,  UN Secretary General or others into account.  I don't expect any government or any international organisation to risk their own trade and relationships with the world's largest economy (the EU) by supporting the UK leaving.   Most bizarrely, it is odd that President Obama would ask the UK to stay in a political union that the US itself would never bind itself to even if it could, given the US itself refuses to sign up to many international treaties because it doesn't want its sovereignty restrained.

However, let's be very clear what leaving the UK does not mean:

The campaign to leave the EU is not led by those who want the UK to be isolated and protectionist: Unlike the opposition to the UK's original EEC Membership in 1975, those who lead the campaign to leave the EU now are not primarily socialists who feel threatened by foreign competition.  They are advocates of free and open trade with the rest of the world.   They are dominated by concerns that UK's national sovereignty is eroded by the EU and that the EU is wasteful, sclerotic, inefficient and dismissive of individual freedoms and people's concerns about it.

Leaving the EU is not "ending co-operation": Over 160 countries in the world co-operate on a vast number of matters.   Switzerland, Norway and Iceland are not in the EU, all trade freely with it and work with it and each other and other states, without being tied to the EU project.

Leaving the EU is not racist:  By illiberal-leftwing standards, the EU itself may be deemed racist with its trade policy that harnesses protectionism and European taxpayers' money to harm producers in developing countries.  Those advocating for Brexit want an immigration policy that does not favour EU citizens from non-EU citizens, which would appear to be anything but racist.

Leaving the EU is not "leaving" or "turning our back on Europe":  The EU is not Europe, it is a political-customs union project.  The UK has been at the heart of advocating values of freedom, civil liberties, liberal democracy, rule of law and separation of powers in Europe for much longer than any other countries in Europe.  It is understandable why some countries with recent totalitarian pasts would see the EU as a project that may enable them to move on from unspeakable horrors and oppression, but the UK does not have such a path.  UK outside the EU would trade, travel and work closely with European countries, with continued migration and investment, it simply wouldn't be shackled to how the EU wants Europeans to interact.

Leaving the EU is not seeking a return to a "golden age": Far from it, it is seeking to regain full sovereignty over UK laws to create a more dynamic, outward looking Britain that isn't dependent on the EU for freer trade with the rest of the world.  No one harks back to Empire, some say Brexit will enable trading relationship with the Commonwealth to be revitalised, but few see a future of self-sufficiency and exclusion.

So I have voted to Leave.  I know if it happens, the pound will drop, the FTSE100 will drop and there will be panic.  I also know that there are strong calls for Brexit to mean a significant toughening of immigration policy, which I largely oppose.  I also know there is chance the UK will be blocked from the single market for some time, as the EU and major EU Member States seek to punish the UK for leaving, rather than look at themselves as to why that might be.

However, I am also hopeful and optimistic that the world's 5th largest economy can be more outward looking, can liberalise its economy, can reprioritise its net contribution to the EU by cutting its budget deficit and replacing the subsidy programmes it receives now and phase them out.  I am hopeful that the UK can show the EU that it should be more dynamic, open and prosperous, stimulating the sort of reforms EU Member States desperately need.  I am also hopeful that the charlatan, the PR spin doctor Prime Minister, David Cameron, can finally retire, and the UK can have a government that doesn't look like the Labour Party stayed in power after 2010.

02 September 2015

Emotionalism - the new post-religious puritanism

Forgive the length of this piece, but this is a very big issue that should concern not only those who embrace academic freedom, but also more generally individual freedom and the importance of reason.

As Mary Wakefield in The Spectator last week put it:

Back in the 1990s, PC students would stamp about with placards demanding equal rights for minorities and talking about Foucault. This new PC doesn’t seem to be about protecting minorities so much as everyone, everywhere from ever having their feelings hurt.

The illiberal left (and I am not being pejorative here, but believe that despite their claims, these are people who are as illiberal as any hardline social-conservatives, in their own way) regard the term "political correctness" as a reactionary pejorative label against "liberation" movements that seek equal treatment of people based on a whole set of agreed identity politics based categories.  It is swiftly dismissed, rather than the key arguments behind it tackled, not least because, unfortunately, so many who claimed "political correctness gone mad" (as if it was ever sane) were themselves not particularly articulate about their concerns, or (if you scratched the surface) racist, sexist and homophobic.

Today the illiberal left (yes there is a genuinely liberal left) have moved on, into what I call the new tyranny of emotionalism.  It is the belief that if something someone says or gestures or does, hurts your feelings, the person who says or gestures or does whatever, should refrain from doing so, to protect the hurt feelings of the "offended".



It is seen in the reaction of illiberal left to the Charlie Hebdo murders by Islamists - after a cursory expression of horror, their first reaction was that nobody should say anything to upset Muslims, by taking on the tyranny of those seeking Islamic blasphemy legal principles to apply to the free world. Then it went much further, with television in the UK refusing to show the cover of Charlie Hebdo magazine, because it might offend a tiny minority of viewers.

It is seen in the anonymous vitriol poured out by those offended by an article published in a newspaper that was neither illegal, nor gratuitous (but the newspaper was from the spawn of the devil - being The Times, owned by the illiberal left's own pantomine villain - Rupert Murdoch - whose main crime has been to establish or buy media outlets that express views they not only disagree with, but importantly disapprove of).   It saw the newspaper pull the article because of the angry mob.

It is seen in the complete absurdity of a UK National Union of Students Women's Conference asking delegates to not applaud speakers because it "triggered" anxiety for some students.  So "Jazz Hands" were suggested instead.  The language used by one of the advocates for this hyper-emotionalism responded by saying:

21 May 2015

Make me a cake or I'll call the Police

Before I start, for the avoidance of doubt, let's get three things clear:

1. I'm not a Christian, and I find some elements of Christianity to be not only irrational but also immoral.

2. I'm not gay.

3. I fully support two people of the same sex being able to get married, just like two of the opposite sex, and I find fear or hatred of people because they are homosexual/lesbian/bisexual to be both irrational and immoral.

So from a libertarian perspective, the Asher's Bakery case in Northern Ireland is an interesting one.

The long and the short of it is that a gay rights activist in Northern Ireland asked a bakery to bake a cake with a pro-gay marriage slogan on it, and the bakery objected because the owners oppose gay marriage, because of their religious beliefs.

The court has ruled that refusing to bake the cake is illegal "discrimination".  What this ruling represents is a fundamental infringement on two rights:

1. Freedom of trade;
2. Freedom of speech.