Coyote Blog

Every decade or so, enemies of free speech adopt a new strategy for trying to curtail the First Amendment.  The current effort consists of attempting to define a "right not to be offended", and college campuses are a leading laboratory for this approach (see here and here).

Chris Robinson was recently brought up on trial at the University court for violating this right not to be offended of some of the women at Colorado College (you may notice that this "right not to be offended" seems to be enforced suspiciously asymmetrically, like all speech restrictions).  He has fired back with a marvelous editorial, of which I include one short excerpt:

Hyper-sensitivity in service to a purported greater good became the
justification for an authoritarian lock-down on speech. It's the same
logic every time: the state comes down hard on behalf of "community."
Changing the rhetorical justification only masks the tyranny. The
effect of this on citizens, in the words of John Adams, is "reducing
their minds to a state of sordid ignorance and staring timidity."...

The simple fact that we were brought before a Soviet-style show
trial has already sent a message to campus, and it is a clear one,
namely that every other potential bearer of heterodox views
should think long and hard about expressing them for fear of ending up
in the same situation as us. In order to avoid even the possibility of offending one group or another, nobody outside the "approved" ideological categories will say anything.

This
is precisely the chilling effect that the First Amendment is
specifically designed to guard against, and to sanction it is a
fundamental violation of the mission of this college. Transparently
selective enforcement against ideologically disallowed speech is
categorically the same as those abhorrent thought-control missions
carried out by the Saudi Ministry of the Propagation of Virtue and the
Prevention of Vice, a perfect example of what John Adams called "the
most mischievous of all doctrines, that of passive obedience and
non-resistance." It's Orwell and Kafka, together at last.

Bonus judos to Mr. Robinson for recognizing that as a private institution, Colorado College can legally implement whatever speech restrictions it likes, and so frames the question as an issue of "should it" rather than "can it?"

Bird Dog writes me with a correction to my statement that even the poorest today enjoy much longer life spans than folks 100 years ago.  He writes:

In the past, average life span was short, due to infant and childhood
mortality, and young adult mortality, due to infectious disease. It's a
statistical error, really.

 

There was a bi-modal mortality, peaking in the early teens, and again
in old age. Infant mortality was high.  That youth mortality has been
eliminated by antibiotics, so we no longer have a bimodal mortality graph. But
that youth mortality falsifies the historical averages, giving the
appearance of a lower life span than today..

That is a valid point.  Of course, the much longer average life span has meaning, just not in the exact way I implied.  In a previous article, I formulated this difference more carefully, and in a way I think is consistent with Bird Dog's observation:

1)  A hundred years ago, you would have been more likely, by an order of magnitude, to see at least one of your kids die.  Even in my father's generation (born in 1922) it is unusual to find anyone who did not lose a brother or sister young, as both my mom and my dad did.

2)  Many people from centuries past lived as long as we today might expect.  Thomas Jefferson, George Washington, and John Adams all lived to ages we would even today call "old".  However, I would venture that most of these folks' lives in their last ten or twenty years was of much lower quality than our lives at these ages today.  We may not live much longer, but our last 10-20 years are much more enjoyable.  My father-in-law was biking and white-water kayaking in his seventies right up to his untimely death in a car accident.  Among other things, teeth, eyes, and joints are all body parts that tend to fail in a non-terminal manner.  We can fix many of the age-induced problems with these parts, and while it may not extend life, it sure as hell extends living.

Those on the left and the right often try to laugh off libertarians, ascribing to "paranoia" our fear of the power of government. 

Well, I could argue that if this is paranoia, I share a similar phobia with men like Thomas Jefferson and James Madison, whose fear of government power permeate all their writings, as well as the Constitution they helped to produce.  They believed that even good men could be corrupted by the government, and they were proven correct in an incredibly short time by John Adams.  Adams is by all accounts a good man, dedicated to freedom and democracy, and one of the chief intellectual architects both of the Revolution and the Constitution.  But it was Adams that signed into law the Alien and Sedition Act, perhaps the worst piece of illiberal and unconstitutional legislation in the history of this country.

Or, if I didn't want to make the founding father's / original intent argument, I could just point to this (hat tip Marginal Revolution):

A federal judge in Texas, calling the Federal Deposit Insurance Corp. a "corrupt
agency with corrupt influences on it," awarded a Houston financier $72 million
to cover his legal fees in a decade-long suit involving a failed savings and
loan and the government's efforts to take control of a stand of endangered
California redwood trees in the 1990s.

The FDIC, a regulatory agency that insures deposits at banks and
savings and loans, filed suit against Charles E. Hurwitz in 1995, seeking to
collect more than $800 million because Hurwitz indirectly controlled a Texas
S&L that failed in 1988. The FDIC, after a series of legal setbacks, dropped
its suit against Hurwitz in 2002....

On Tuesday evening, Hughes issued a scathing, 131-page ruling. In it, he cited
evidence that the FDIC brought the case largely because of pressure from
environmental groups, members of Congress and the Clinton administration. The
reason: Hurwitz's Pacific Lumber Co. owned 3,500 acres of endangered redwoods in
Northern California. Hughes found that the FDIC, in close concert with
environmental groups, sued Hurwitz to pressure him into a "debt-for-nature"
swap, in effect giving the government his trees in exchange for his supposed
liability in the failure of the United Savings Association of Texas....

Hughes said FDIC officials and lawyers, in depositions, "ranged from
manipulative evasiveness to plain perjury." He cited records of two years of
communications, including extensive discussions of legal strategy and political
matters, between the FDIC and environmentalists over the proposal to use a
banking-practices lawsuit as pressure on Hurwitz to give up the
redwoods.

Hughes said FDIC officials "discarded the mantle of the American
Republic for the cloak of a secret society of extortionists. If the vice
president called, they responded. If a congressman called, they responded. If a
lobbyist called, they responded. They heeded every call but that of duty and
honor."

Wow.  I know many people are paranoid about the lack of accountability of major corporations, and felt vindicated by the Enron case, over which the press spilled acres of ink.  However, Enron is nothing compared to this.  While fraud is bad, Enron at least was never able to use the coercive regulatory and police power that the government has to seek its ends.