Why JASTA Is Good

On September 28, Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. The Senate defeated the veto by a 97-1 vote, then the House voted 348-77 to override the veto hours later. Therefore, the Justice Against Sponsors of Terrorism Act, or JASTA, is now a law. The bill passed both houses of Congress without objection earlier in 2016.

It was the first veto override of Obama’s presidency, and the first since 2008. Under Article I, Section 7, Clauses 2-3 of the United States Constitution, Congress may override a presidential veto by a two-thirds majority vote in both the House and the Senate.

Although no member of Congress spoke out against JASTA during the override procedure, Obama has argued that the law sets a dangerous precedent. It grants an exception to the legal principle of sovereign immunity, which could be a double-edged sword if other countries pass reciprocating legislation. This could expose American corporations, diplomats, politicians, and soldiers to lawsuits for their conduct overseas. This caused CIA Director John Brennan to warn that JASTA had “grave implications” for national security. Additionally, 28 senators signed a letter expressing reservations about the potential that JASTA will cause the United States to be sued in foreign courts “as a result of important military or intelligence activities.”

Why JASTA is Good

While the national security statists are scared of what Pandora’s box might have just been opened, this is excellent news for libertarians. This is because it chips away at the anti-libertarian idea of sovereign immunity, could give victims of American foreign policy a peaceful means of addressing their grievances, and could reveal clandestine activities to the American people about which they have a need to know.

Sovereign immunity is the legal doctrine by which the state can do no wrong and is immune from civil suit or criminal prosecution. It is the ultimate manifestation of the fact that government will not hold government accountable because it is against the rational self-interest of those who wield state power. With the ability to grant immunity to themselves, government agents can engage with impunity in activities which are criminalized for the commoner, and they do so on an enormous scale. A double standard of this sort could never be tolerated in a libertarian social order. In a free society, the standard would have to be that actions which are criminal for one person are criminal for another. Wearing a costume and claiming affiliation with a government would be meaningless. For example, just as taxation is robbery, slavery, receiving stolen monies, transporting stolen monies, and conspiracy if private citizens behave identically to government tax collectors, so would a libertarian private court prosecute tax collectors. JASTA and potential reciprocating legislation does not go nearly far enough in this sense, but it is a potential first step toward more justice for the crimes of government personnel.

Speaking of crimes of government personnel, the American military and the civilians who preside over it have committed a great number of them. Since the end of World War II, American foreign policy has caused between 20 million and 30 million deaths. Economic sanctions have contributed to this death toll, while impoverishing many people who have survived and generally failing to achieve their stated objectives. These multitudes of victims deserve justice. With sovereign immunity in place, there is no forum in which they may seek judicial relief. Making peaceful dispute resolution impossible makes violent dispute resolution inevitable, so some people wronged by the United States government decide to seek vengeance in the form of joining terrorist groups to attack innocent Americans in retaliation for their losses. While such acts cannot be morally defended, they are certainly understandable. Reciprocation to JASTA provides a pathway to a more peaceful system of addressing grievances caused by American foreign policy. Even the possibility that Americans may be sued for their wrongful deeds overseas would create a chilling effect against bellicosity that libertarians should welcome.

As such cases begin, the discovery process of these lawsuits could make public certain activities being done in the name of all Americans which are currently unknown to the American people. While the civil religion of democratic statism should not be taken at face value, most people do, so it makes sense in context to have an informed electorate. The people cannot judge various military and intelligence operations if they never find out about them. With JASTA and reciprocating legislation, the newly possible lawsuits filed by foreigners victimized by Americans could serve to educate the American people on the nature of what is being done in their names. Even libertarians who oppose democracy should favor this result, as one cannot protest wrongs of which one remains ignorant.

Objections

JASTA could result in lawsuits for vicarious liability against civilian contractors who provide armaments and other equipment to people who are directly involved in foreign atrocities. This is a feature, not a bug. Knowingly providing a violent criminal institution with the means to victimize the innocent should be treated not only as a civil wrong, but as criminal behavior. Lawsuits against such parties could result in a chilling effect against providing the state with the means to perform its pernicious deeds, which would benefit the American people by weakening the state and resulting in less motivation for retaliatory terrorism against innocent Americans.

Because there is a condition of anarchy between sovereigns, there is no higher court whose judgments are binding and enforced across national boundaries. This means that citizens can sue foreign nation-states as they see fit, but winning a judgment offers no guarantee of payment because the foreign nation-state can simply ignore the court’s decision. This is true, but it does not diminish the indirect consequences of JASTA, which are the real reasons to support it.

Should such cases not be summarily dismissed, there is the potential for many thousands of cases to bog down the court system. But this can create a demand to privatize courts, or at least give more business to private arbitrators of disputes. Should the cases remain in government courts, it will take up time and resources which could otherwise be used to cause more harm to innocent Americans.

Finally, there is the concern that allowing such lawsuits will damage foreign relations after such judgments are ignored. This is also a feature rather than a bug, as the possibility of damage to foreign relations for denying claims for wrongdoing in foreign policy provides an incentive for governments to avoid committing so many atrocities overseas. A world in which citizens may sue foreign governments for damages is thus likely to be a more peaceful world.

Conclusion

Although one would be correct to be skeptical of any legislation that passes by such a wide margin, the likely secondary results of JASTA are intriguing and the fears of it are overblown. From a philosophical libertarian perspective, JASTA is clearly a net benefit.

Seven Observations on the Charlotte Protests

On September 20, Charlotte police were looking to serve a warrant to a man at an apartment complex. Just before 4:00 p.m., officers saw a different man get out of a car with a gun, then get back into the vehicle, then get out again. Police told him to drop the weapon, then Officer Brentley Vinson fired at the subject after he did not drop the weapon. Keith Lamont Scott, 43, later died from the gunshot wound at Carolinas Medical Center. Police recovered a gun from the scene. Some witnesses, including Scott’s family, told local news outlets that Scott was unarmed and holding a book while waiting to pick up a child after school. Demonstrations began on the evening of September 20, which turned into riots as the night progressed. Further violence occurred on the nights of September 21 and 22. Seven observations on these events follow.

1. Video footage is less useful than most people think. Although the police video of the shooting has not been released at the time of this writing, the Scott family has viewed it. “It is impossible to discern from the videos what, if anything, Mr. Scott is holding in his hands,” Scott family attorney Justin Bamberg said. “When he was shot and killed, Mr. Scott’s hands were by his side and he was slowly walking backwards.” Charlotte-Mecklenberg police Chief Kerr Putney told reporters that the video does not provide definitive visual evidence that Scott pointed a gun at police officers, although other evidence and witness accounts support the police version of events. On September 23, Scott’s family released a cell phone video of the shooting, which is also not definitive in terms of showing what was in Scott’s hand.

2. Social media is but a tool; its morality is its user’s morality. Those who disbelieve the police version of events and/or those who simply wish to destroy have used social media to great effect. Protesters have used Twitter and Facebook live-streaming to organize and document the protests, as well as some riotous behavior. One video has been viewed more than 2 million times and shared more than 100,000 times. But condemning social media for this is nonsensical. Like any other tool, it has no inherent morality. It can be used for good or evil, depending on the intentions of its user. As Kaveri Subrahmanyam of California State University explains, “These tools empower the public with an easy, free way to directly share their experiences without any filter. Video footage of such incidents is very compelling. But they also make it possible for rumors and other falsehoods to spread – and could likely make a tense situation worse.”

3. Some people believe that everything is racist, including true statements. In this case, a black police officer shot a black citizen. But this did not stop some activists from talking about systemic racism among police. Worse, some blacks responded by assaulting innocent white citizens. Then there is the commentary of Rep. Robert Pittenger (R-NC), who represents the Charlotte area. In an interview with BBC Newsnight, Pittenger responded when asked what grievance the protesters have,

“The grievance in their mind is the animus, the anger. They hate white people because white people are successful and they’re not. I mean, yes, it is, it is a welfare state. We have spent trillions of dollars on welfare, and we’ve put people in bondage so they can’t be all that they are capable of being.”

Certainly, this is not true of all of the protesters, but it could reasonably be said of the rioters and looters. Of course, Pittenger was condemned as a racist. He foolishly backpedaled, failing to realize that apologizing to social justice warriors is not the correct way to handle them.

4. Expecting people who are motivated by emotion to deal in reason and facts is foolish. While the release of the video and other evidence could calm some of the protesters, others are simply looking for an excuse to riot and loot. These people have no interest in the facts of the case, preferring instead to resort to force against innocent third parties. It is necessary to speak to them on their level, which is to say that defensive force must be used to stop them.

5. Attacking innocent third parties is not a winning strategy. Rather than attack police stations or other government targets, the rioters have looted private businesses and vehicles. This is counterproductive for the cause of addressing police abuse, as it creates a perception among the population that crime is out of hand and more force needs to be brought to bear to restore order. The end result of such action will be more violence by police against citizens, not less.

6. The National Guard is inferior to a citizen militia. When Governor Pat McCrory finally declared a state of emergency and activated the National Guard, a night of destruction had already occurred and another was occurring. While they will likely restore order soon, this does not help those who have already had their property stolen or their lives ended. Unfortunately, the citizen militia has almost decayed out of existence, and it is vitally important that it be restored. The concept of the militia is that all males of military age and able body should be competent in matters of force, able to provide defense for their communities against threats both foreign and domestic. While the National Guard waits until called in by government executives and is (at least theoretically) limited in their methods of engagement, a citizen militia could respond almost immediately and use any means necessary and available to defeat those who threaten life, liberty, and property.

7. When government agents and common criminals fight, pull for no one. Government agents are the enforcers who make possible a system of coercion that is responsible for murder, theft, and destruction under color of law on a massive scale. Common criminals violate the lives, liberties, and properties of their fellow citizens. Therefore, both are enemies of liberty. A clash between government agents and common criminals in which both sides lose people and resources would be a victory for liberty. But as the protesters have mostly either been peaceful or common criminals looking for easy ill-gotten gains, such a result has not occurred.

On the Use of Force Against the Commission on Presidential Debates

This is the second essay in a three-part series. In this essay, we will consider the philosophical case for using forceful means to protest the policies of the Commission on Presidential Debates, which are geared toward ensuring that the Republican and Democratic presidential candidates do not have to debate anyone else. The first essay discussed a peaceful method of protesting the policies of the CPD, and the third essay will detail the campaign of a hypothetical future third-party presidential candidate who makes use of the tactics described in the first and second essays.

History

In the weeks leading up to every United States presidential election, a series of debates between the candidates are held. When the current series of regular debates began in 1976, this was handled by the League of Women Voters. By 1987, the Republican and Democratic parties decided to take over control of the debates by creating the Commission on Presidential Debates, which was co-chaired by Frank Fahrenkopf and Paul G. Kirk, the Republican and Democratic national chairmen at the time. In 1988, the League of Women Voters announced their withdrawal from debate sponsorship, saying in a statement that

“…the demands of the two campaign organizations would perpetrate a fraud on the American voter. It has become clear to us that the candidates’ organizations aim to add debates to their list of campaign-trail charades devoid of substance, spontaneity and honest answers to tough questions. The League has no intention of becoming an accessory to the hoodwinking of the American public.”

The CPD has controlled all presidential debates involving Republican and Democratic candidates since 1988. At a 1987 press conference announcing the commission’s creation, Fahrenkopf said that the commission was not likely to include third-party candidates in debates. Kirk said that third-party candidates should be excluded. A third-party candidate has only been invited once; Ross Perot was allowed to debate in 1992 because both major-party candidates believed that his presence was in their self-interest and would help to draw support away from their major-party opponent. Perot was excluded when he ran again in 1996, and finished with less than half of the votes he earned in 1992. In 2000, the CPD established a rule that for a candidate to be included in the national debates he or she must garner at least 15 percent support across five national polls. This arbitrary and capricious standard has kept all third-party candidates from debating since its inception.

Peaceful Efforts

There have been many efforts by third-party candidates to gain access to the debate stage. The direct approach of trying to reach 15 percent in national polls has obviously been tried by all, with universal failure. The American election system encourages two parties, the media enables the exclusion of alternative voices, campaign financiers donate to the two major parties to maintain their corrupt bargains with the state, ballot access laws are rigged against third parties, and the pollsters either exclude the names of third-party candidates or ask about them after focusing on a two-candidate match-up which will not appear on the ballot. This creates an uphill battle to reach 15 percent which has proven too difficult for any third-party candidate since Perot, and it likely requires the billions of dollars that he had available. These factors together create a Catch-22: A third-party candidate needs to be in the debates to get the polling numbers needed to be in the debates.

Some candidates have realized the absurdity of this setup and tried to fight against it. In 2000, Green Party candidate Ralph Nader filed a complaint with the Federal Election Commission, alleging that corporate contributions to the CPD violate the Federal Election Campaign Act. The FEC ruled that they do not, and the D.C. Circuit Court declined to overrule the FEC. In 2004, Libertarian candidate Michael Badnarik and Green Party candidate David Cobb were arrested in St. Louis, Mo. when they attempted to enter a debate to serve an order to show cause to the CPD. In 2012, Libertarian candidate Gary Johnson filed an anti-trust lawsuit against the CPD, the Democratic National Committee, and the Republican National Committee in D.C. Circuit Court, citing the Sherman Act and claiming “illegal conspiracy or contract in restraint of trade.” The injuctive relief was denied, and the case was eventually dismissed in 2014 due to lack of jurisdiction. Also in 2012, Green Party candidate Jill Stein and her running mate Cheri Honkala were arrested by Hofstra University campus security when they attempted to enter the debate site. They were handcuffed and detained in a warehouse for eight hours before being released. In 2015, Johnson, Stein, the Libertarian Party, and the Green Party filed suit against the CPD, DNC, RNC, Barack Obama, and Mitt Romney, claiming violation of anti-trust laws. The case was dismissed in August 2016 on spurious reasoning, leaving an insufficient amount of time for an appeal.

Efforts to bring down the CPD by going after its sponsors have been similarly fruitless. While such efforts did lead to BBH New York, YWCA USA, and Philips Electronics withdrawing their sponsorship of the 2012 debates, no meaningful impact was made. As the CPD is only important every four years, it is difficult to maintain public engagement long enough to organize an economically significant boycott of the CPD’s corporate sponsors. Even if it were possible to effect such a boycott, the CPD is mostly funded by a small number of private donors who would be unaffected by a boycott in any meaningful way because their identities are hidden.

There have also been debates organized by Free and Equal which invite the most prominent third-party candidates along with the major-party candidates. But as part of the memoranda of understanding that major-party candidates make with each other, they have always agreed not to engage in non-CPD debates with other candidates. All non-CPD debates since the CPD was founded have featured third-party candidates only, and accordingly receive almost no press coverage.

Resorting To Force

It is clear that this problem is not going to be solved in a passive and peaceful manner. Just as government will not hold government accountable because it not in their self-interest to do so, government will not hold accountable a non-profit organization that serves the interest of those who control the government. If the CPD is to be brought down and its sorry excuses for debates either opened to third parties or shut down, a more active and forceful response is required. An active but peaceful method of filling the live audience with anti-duopoly hecklers was detailed in the first essay and is certainly worth attempting, but it is the sort of protest which the CPD could easily prevent in the future by further restricting the audience or holding its events without an audience. As such, let us make a philosophical case for a protest which resorts to force.

In order to justify the use of force within a libertarian moral framework, it is necessary to show that an act of aggression is being perpetrated and that the use of force in question defends against that act of aggression. Let us begin by laying out the facts of the case:

  • The CPD holds debates between presidential candidates.
  • Its criteria are clearly designed to exclude third-party candidates and produce a head-to-head presentation of the two major-party candidates.
  • All available evidence shows that a candidate must appear in these debates in order to win a presidential election.
  • Peaceful efforts to include third-party candidates have been stopped by force.
  • The President is the chief executive of the United States government, wielding immense power and influence over both the American people and the rest of the world.
  • The United States government, like any government, is a group of people who exercise a monopoly on initiatory force within a geographical area.

From these facts, it is clear that the CPD controls who gets to give orders to those who initiate force in American society, as well as who does not. Namely, only Republicans, Democrats, and those with enough money to run without either of the two parties gets a chance to do this. All others are excluded, and history shows that this exclusion is backed by violence. Involving oneself in third-party politics for the purpose of electing a president who will lessen the acts of aggression that government agents commit against people is unlikely to be the most effective method of defending oneself against the state, but it is a legitimate pragmatic option in a democratic statist system with a population that is unwilling to revolt. These defensive efforts are met with force by government agents who enforce the will of the CPD, DNC, and RNC. Further, the CPD and those who enforce their will act to silence the political speech of some people while amplifying the political speech of other people within a system in which there is no legitimate justification for doing so. Because such force is levied against defensive efforts, it is aggressive in nature, meaning that defensive force used against it is morally justified.

Next, we must consider which targets for this defensive force are legitimate and proper, concerns about organization, tactics and likely responses, and some potential objections.

Legitimate and Proper Targets

This is a case in which some legitimate targets for defensive force are not proper targets. This is because using force against them is within the bounds of the non-aggression principle, but doing so would not accomplish the goal. For example, using force against major-party presidential candidates is certainly justified as self-defense for other reasons, but doing so would be counterproductive in this case. The primary objective is to put third-party candidates on the debate stage for a proper discussion that informs the American people about all of their options, and this objective would be undermined by using violence against any presidential candidate. Neither would the secondary objective of shutting down CPD events be served by using force against the major-party nominees, as the DNC and/or RNC could simply substitute a new candidate and continue as before.

Likewise, using force against debate moderators, establishment press members covering the debate, or administrators of the hosting university would harm the cause. Even though they are complicit in acts of aggression against third-party candidates and their supporters, using force against them would make the protesters appear far less sympathetic to the American people. The legitimate and proper targets are the CPD board members, the debates themselves, and those who use force to protect them. The use of defensive force should be limited to them if at all possible. This would only become difficult in the event of a counter-offensive against the protesters in which major-party candidates, debate moderators, establishment press members, or university faculty decided to participate. Government agents are almost certain to disallow them from doing so, making this a dismissible concern.

Organization

A third-party candidate who has been excluded from the debates by the 15 percent rule but has enough ballot access to win the election and is constitutionally eligible to serve as President would have to be involved in any successful plan for forceful action. This is because it would be all but pointless to hear from a candidate who cannot win and serve, and fruitless to use force to place a candidate in the debates if the candidate does not wish to be so placed. An effort independent from any campaign to organize such an effort would be unlikely to result in anything other than a visit from federal agents to the organizers of said effort. But the candidate cannot be too involved. The candidate needs plausible deniability in order to avoid criminal charges, disavow anyone who goes off script, and be able to become President without having to worry about immediate impeachment.

A forceful protest would have to be organized outside of publicly available channels such as social media platforms, as using non-clandestine communications would alert government agents and result in the protesters being raided and arrested before they could begin. Plans would need to rely primarily upon existing groups near the area of a protest (such as local militia organizations) as well as campaign activists who are not officially connected to a campaign. This is because bringing in large numbers of armed people to a location from elsewhere would arouse suspicion, and involving official campaign staff is likely to get the candidate charged with crimes. Finally, such an effort would need to be planned several months in advance in order to get participants organized, mobilized, and familiarized with the specifics of the operation.

Tactics and Responses

A forceful protest against the CPD could take several forms. The most direct approach would be for a third-party candidate to march on a debate site with a group of armed supporters, declare that they are entering the debate site to place the candidate on stage, and indicate a willingness to escalate the use of force as far as necessary to accomplish this goal. The two most likely responses to this approach would be a violent skirmish in which the third-party candidate and many other people are injured or killed, or the cancellation of the debate due to the security risk being presented. Which one of the two occurred would depend on whether the security forces believed they could win a battle with the protesters. Further debates would be under much heavier guard to make sure that no other candidate attempts such an effort. As such, the direct approach strategy may be crossed off the list.

A second strategy would be to occupy the CPD offices in Washington, D.C. for the purpose of shutting down the CPD at the source. This would involve holding CPD personnel captive inside their headquarters and demanding open debates as the condition for their release. This approach is also very likely to go awry. Resistance on the part of the CPD personnel could very easily result in bloodshed, as could ignoring the protesters’ demands. If this were the only activity undertaken by protesters, then the debates could proceed as planned, putting the protesters in a position of either having to back down or escalate to harming the CPD personnel. This method would also be a public relations nightmare, as no one likes people who take hostages. The most likely response would be a SWAT raid that exterminates the protesters, followed by an establishment media demonization of all third-party candidates. As such, the office takeover strategy is also unviable.

A third method would be to occupy debate venues in advance for the purpose of shutting down CPD events unless they abolish the 15 percent rule and open the debates to all candidates who meet the constitutional eligibility and ballot access requirements. The CPD typically chooses three presidential debate sites, one vice presidential debate site, and an alternate site to use in case one of the former four becomes unusable for some reason. An armed occupation of all five sites for the duration of the debate season would require a few hundred people at each site and provisions to last three to four weeks. More protesters would need to be ready nationwide in order to prevent any hastily scheduled alternatives from having a venue, but given the amount of planning that is required for construction and security, these are not events which could be moved easily. Unlike the former two methods, the protesters would be in a defensive rather than an offensive posture once in position. This method also does far more to stop CPD activities because it targets said activities directly.

While it is true that government agents could overpower the protesters, doing so would needlessly spill a great amount of blood and give them some very negative press. Given the history of standoff incidents and the retaliations which have resulted from them, government agents tend to be more reserved about such confrontations than they once were. Thus, the most likely response by the CPD would be to cancel the debates for the election cycle, with the next most likely response being to give in to the protesters’ demands. Of course, the establishment media would have every reason to demonize the protesters, so there would have to be eloquent and reasonable public speakers among the protesters who could clearly articulate their objectives, why they are resorting to forceful means, and refute establishment media lies and fallacies. The rise of alternative media is certain to make a positive narrative easier to craft.

Objections

The first objection which may be raised is that the CPD is a private organization, and therefore its members have the right to admit or exclude whomever they want. This is an autistic response, as it completely denies the context of the situation. Neither the CPD, the DNC, nor the RNC are free market entities that operate by providing goods and services through voluntary means. These are organizations that are used by the elite to maintain their stranglehold on state power and the unfair advantages that they gain therefrom. While the CPD is considered a private, non-profit organization for legal purposes, it should not be regarded as a private organization for the purpose of determining what its members should be allowed to do because it is an instrument used by those who control the government as a means of perpetuating that control.

Second, some will argue that using force against the CPD violates the non-aggression principle. This stems from the proportionality of force doctrine and the immediate danger doctrine, two perversions of libertarian theory which were introduced by leftist entryists. If a defender may not use any amount of force necessary to stop an aggressor, then all an aggressor need do to get away with immoral behavior is to use force in such a way that the defender cannot use enough force to stop the aggressor. If one may only use force in a situation of immediate danger, then people are left without a way to recover stolen property, stop someone who hires hitmen, defend themselves against state aggression, or do much of anything about criminals who can obfuscate responsibility. With these fake libertarian theories rebutted, the facts of the case discussed earlier clearly demonstrate that the CPD is an aggressor.

A third objection is that all of the above uses of force described in the previous section can result in multiple felony charges for each protester. This is true, but it is no argument against such strategies. As Martin Luther King, Jr. wrote in Letter from a Birmingham Jail,

“One may well ask: ‘How can you advocate breaking some laws and obeying others?’ The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.’”

Just as government will not hold accountable itself or a non-profit organization that serves the interest of those who control the government because it is against their rational self-interest to do so, it is also in their self-interest to criminalize methods of protest which are capable of meaningfully challenging the establishment. Note that should a third-party candidate win a presidential election because his or her supporters resorted to force to stop the CPD from hosting exclusionary debates, the powers of the Presidency could be used to grant a full pardon to everyone involved. The only caveat is that the candidate must maintain a degree of distance from the protesters, as failure to do so could lead to impeachment proceedings.

A fourth concern is that presidential elections do not seem to change the course of the nation very much. Regardless of who wins, the deep state continues as before because there is no rational incentive for a politician to rein it in. In the current framework, this is true. But political campaigns can function as an outreach method for anti-establishment movements of all types because people give more weight to someone who is in the running to have a position of political authority over them. People who would normally never be listened to can gain a platform for their messages by running for office. That being said, it is likely that altering or abolishing the presidential debate structure would allow for different kinds of presidential candidates to win elections, some of whom may eschew realpolitik to rein in the deep state for ideological reasons.

Fifth, one may wonder why we should go after the presidential debates when there are bigger fish to fry. After all, liberty requires revolution, so why not try to end the state now? The answer is that the manpower and resources to succeed in such an endeavor are not yet available. The number of people required to stop the CPD would probably be a thousandfold less than the number of people required to abolish the United States government, and we must work within our means if we wish to be successful. That being said, a large conflagration begins with a single spark, and using force to attempt to stop the CPD could achieve this regardless of the end result. If the protest is successful, then those who would address their grievances by direct action will be emboldened. If government agents crush the protest, then many people will be angry and willing to seek retribution. Either outcome is favorable for a more broad revolutionary movement.

Conclusion

Finally, there is the objection that the use of force to gain debate access does not bear thinking about because no candidate is willing to do it. Unfortunately, this is true at the time of this writing. There are only two third parties of significance in 2016; the Libertarian Party and the Green Party. Addressing a grievance by force of arms is not the style of the Green Party. The 2016 Libertarian ticket consists of moderate ex-Republican governors, not revolutionaries who would be willing to resort to forceful tactics. The Constitution Party and other small third parties lack the voter base and popular support to mount such an effort, even if they were willing. It is thus clear that we should expect to see no armed protests in 2016, and the CPD will get away with their shenanigans once again. But as this may not always be the case, the third essay will consider a hypothetical future election in which there is a third-party candidate who decides to force his way onto the debate stage.

This Is (Probably) Not The Most Important Election Of Our Lifetime

In this election cycle, just like the others before it, the establishment media is telling us that this is the most important election of our lifetime. They repeat it over and over again, as if to convince themselves. But is this really the case? Let us thoroughly examine this idea.

First, it assumes that elections have importance. This is an idea that most Americans take for granted, as it is part of the civic religion that people are indoctrinated into from an early age. But this does not make it true. In fact, this should make it highly suspect, as the truth requires not indoctrination; only discovery. For the ruling class in a democratic state, elections are just tools of social control that provide the populace with meaningless participation in a process in order to convince them that criminal conduct performed under color of law is legitimate because “they voted for it.” The widely perceived differences between the two parties are just an illusion, and the heart of government policy remains the same, regardless of what the people want. Regardless of who wins in November (barring a miraculous victory by a third-party candidate), there will be more fighting against terrorists but no serious push to defeat them, military spending will stay at absurd levels, the Federal Reserve will not be abolished or even significantly reined in, a large illegal immigrant population will remain, regulatory agencies will continue to inflict great harm on small businesses, civil liberties will be further imperiled, the welfare state will be preserved, and Congressional gridlock will likely continue. With this in mind, elections do not have importance in the sense that the establishment media is describing. If elections do not have importance, then one cannot be more important than another. The idea that the upcoming election is the most important of our lifetime fails a fortiori.

Second, it requires impossible knowledge. In order for the upcoming election to be the most important of our lifetime, it must be more important than every future election in which current voters will vote. But the future is unknown and unknowable until we arrive at it. As such, the claim that the upcoming election is the most important of our lifetime cannot be proven until all current voters have died and all of the elections they will live through can be evaluated for their impact.

Third, it contradicts physics. Let us assume that it is always true that the current election cycle is the most important of our lifetime. It follows that each successive election is more important than the one before it. As the entire population is not replaced between election cycles, there are people who vote in successive elections (in fact, most voters do). Thus, we can carry this idea back through history as far as the first advent of elections in the place being considered. The conclusion of this line of reasoning is that changing an election result farther back in history would cause less change to the present day than changing a more recent election result. But it is known that altering a system at an earlier time gives it more time to develop differently, resulting in greater changes. As such, at least in terms of how different a counter-factual world in which a different candidate took office might be, the most important election of any person’s lifetime should be their first one.

Each of these logical and philosophical problems is enough to render the phrase inert. But given all of these fallacies, no rational person should be calling this election, or any other, the most important election of our lifetime. So then, why do politicos do it? The answer is that it is a way to psychologically manipulate the masses. Immediacy is an important feature in human psychology because nothing is more important in terms of what can be acted upon than the present; the past has already happened and cannot be changed by available means, and the future has not yet arrived and therefore cannot yet be acted upon. But it is not only the case that the present is unique; it also feels unique. Only in retrospect can one see that an election is really not so different from previous elections, with the amount of time necessary for this being dependent upon how many minor differences there were between the candidates.

It would be reasonable to conclude that the phrase “this is the most important election of our lifetime” is a combination of pleading, manipulation, and crying wolf. This, of course, leaves us with three important questions. When will the American people ignore the pleas of the politicos? Is a wolf really out there? And if so, who or what will be his meal?

The Economic Illiteracy of Liberty Mutual, Part II

Every insurance company has a target demographic. For Geico, it is government employees. For State Farm, it is farmers. For Liberty Mutual, it appears to be people who are economically illiterate. Last year, the company released a series of nine advertisements, most of which commit economic fallacies. At the time, I examined and debunked them. Some of those have been phased out, while others remain. They have also made four more advertisements, all of which commit more fallacies. Let us analyze each one and find the fallacies therein.

Blah Blah Blah (Coverage Compass)

A woman says, “Your car insurance policy is 22 pages long. Did you read every word? No. Only lawyers do that. So when you got rear-ended and you needed a tow, your insurance company told you to look at page 5 on your policy. Did it say, ‘Great news, you’re covered!’ on page 5? No. It said, ‘Blah blah blah blah blah blah blah…’”

Reading and familiarizing oneself with the policy that one has purchased should be expected, as it is the car insurance customer’s responsibility to know what is covered and what is not. A person who does not read the fine print before agreeing to legal terms has no one to blame but oneself.

Mistake (New Car Replacement)

A man says, “Your insurance company won’t replace the full value of your totaled new car. The guy says, ‘You picked the wrong insurance plan.’ No, I picked the wrong insurance company.”

This man picked the wrong economics textbook, assuming he has ever read one at all. The reason that many plans cover the current value of a car rather than the original value is that depreciation occurs over time. Wear and tear begins as soon as a car is used for the first time, meaning that a car’s value begins its descent from new car price to scrap metal price as soon as it is driven for the first time. It makes no sense to insure anything for more than it is worth, as this only incentivizes the owner to destroy the insured object and file an insurance claim on it.

Of course, there is nothing inherently wrong with a New Car Replacement policy, but it will cost more, and for good reason. When the potential payout for a claim increases and all else is held constant, the insurance rate must increase in kind so that the insurance company can remain profitable. There is also nothing inherently wrong with an insurance company which chooses not to offer such a policy, so the man’s statement about picking the wrong insurance company is only a matter of subjective preference.

Perfect (Accident Forgiveness)

A man and woman present a dialogue.

Man: You both have a perfect driving record.

Woman: Perfect.

Man: No tickets, no accidents.

Woman: That is, until one of you clips a food truck, ruining your perfect record.

Man: Yeah.

Woman: Now, you would think your insurance company would cut you some slack, right?

Man: No, your insurance rates go through the roof. Your perfect record doesn’t get you anything.

Woman: Anything.

Man: Perfect!

Of course their perfect record does not get them anything, for it is not perfect anymore. Damaging other vehicles makes a driver a greater liability for an insurance company because it makes the insurance company pay out claims to the owners of those other vehicles. As past behavior is a useful predictor of future behavior, an insurance company raises rates on drivers who have had accidents recently in anticipation of having to pay more claims caused by those drivers in the future.

While there is nothing inherently wrong with an Accident Forgiveness policy that does not increase rates for the first accident, it will cost more, and for good reason. The money required to keep the insurance company afloat must come from somewhere, and it can only come from raising rates on accident-free drivers, raising rates on drivers with two or more accidents, lowering claim payouts, or some combination of the aforementioned.

Wife’s Car (New Car Replacement)

A man says, “You’re late for work. You grab your 10 gallon jug of coffee and back out of the garage, right into your wife’s car, with your wife watching. She forgives you, eventually. Your insurance company, not so much. They say you only have their basic policy. Don’t basic policies cover basic accidents? ‘Of course,’ they say. ‘As long as you pay extra for it.’”

Again, it is the car insurance customer’s responsibility to know what is covered and what is not. If the policy says that the circumstances are not covered, then it is up to the customer to either deal with such a mistake out of pocket or pay extra for a plan that covers such a mistake. And perhaps such a driver should not have a 10 gallon jug of coffee, as that level of caffeine would certainly impair one’s driving abilities.

Conclusion

This set of advertisements is appealing to the economic illiteracy and sense of entitlement of the general population, especially younger people. Unfortunately, because economic illiteracy is so widespread, Liberty Mutual seems to have a winning marketing strategy.

How to Peacefully Protest the Commission on Presidential Debates

This is the first essay in a three-part series. In this essay, we will discuss peaceful means of protesting the policies of the Commission on Presidential Debates, which are geared toward ensuring that the Republican and Democratic presidential candidates do not have to debate anyone else. The second essay will make a philosophical case for forceful action, and the third essay will detail the campaign of a hypothetical future third-party presidential candidate who makes use of the tactics described in the first and second essays.

In the weeks leading up to every United States presidential election, a series of debates between the candidates are held. When the current series of regular debates began in 1976, this was handled by the League of Women Voters. By 1987, the Republican and Democratic parties decided to take over control of the debates by creating the Commission on Presidential Debates. This organization has served to marginalize any challengers to the political duopoly and their two presidential candidates, setting arbitrary and capricious standards which have excluded all other presidential candidates except one since the CPD was formed.

There have been many efforts by third-party candidates to gain access to the debate stage, but the barrier of 15 percent support in polls which can be manipulated to produce the result of excluding third-party candidates has stymied the direct approach. Protests outside of the venues have fallen on deaf ears, lawsuits against the CPD and the duopoly candidates have been dismissed on spurious grounds and with timing convenient to the political establishment, and attempts to enter the venues by the excluded candidates have only resulted in their arrests and detainment.

While the use of force to remedy this situation would be justified, as will be argued in the second essay, there is a peaceful method of protest which has yet to be tried and could shame the CPD and the establishment press into opening the debates without resorting to the use of arms.

First, let us consider some facts which will be useful in determining the best course of action. The CPD holds its debates in auditoriums located on university campuses. Tickets to the events are typically only available to students and faculty of the hosting university rather than members of the general public, and are usually distributed through a lottery system. Third-party candidates are disproportionately supported by young people, and university campuses have a high concentration of the youngest people who are eligible to vote.

With these facts in mind, the goal should be for supporters of third-party candidates (or anyone else who is opposed to the CPD’s exclusionary policies) to get their hands on as many tickets as possible. This is best organized by third-party groups at each university, as they will have a better idea of how to fulfill this goal than any outsider could. But in general, all third-party supporters should enter the ticket lotteries, win as many as possible, then make an effort to buy or barter for tickets from other people who win them. Once the tickets are in the hands of as many third-party supporters as possible, these people need to have an organizational meeting to discuss the following plan:

  1. At the meeting, the participants should number themselves in a way that does not follow any recognizable pattern, such as going alphabetically by last name, following seniority as students, going alphabetically by major, etc.
  2. At the debate, everyone should be dressed in a neutral fashion. Wearing clothing or accessories which indicate support for third-party candidates is a good way to get removed from the premises before the protest can begin.
  3. Once everyone is seated in the venue and the debate begins, everyone should wait until the first candidate is giving his or her first answer. At some time while this is occurring, the person numbered first should begin heckling the performance.
  4. The heckling should consist of speech that is on topic and must not constitute violence or threats toward the CPD or the candidates. There are many statements which could be shouted by a heckler; “Let (insert third-party candidate’s name here) debate!,” “Open the debates!,” “The CPD is rigging the election!,” “Stop perpetrating the duopoly!,” are just a few examples.
  5. This should go on until security physically removes the heckler, at which point the heckler should offer no resistance beyond the point of going limp and making security carry them out.
  6. The interval between hecklers will depend upon how many people are available for the protest, but there would ideally be a wait of two minutes or less between disruptions.
  7. If a person does not heckle on time or within the next 30 seconds, the next person in order should begin heckling.
  8. If the candidates or the moderator address the issue being raised by the protesters, the hecklers who take their turns afterward could refute whatever is said rather than use the sort of statements outlined in step 4.
  9. Any request made by the moderator, candidates, or anyone else to stop heckling should be ignored.

The result of a successful implementation of this plan will be to disallow the CPD and the two major parties from being able to perform their quadrennial charade by causing nearly constant disruptions throughout. In the process, tens of millions of Americans will hear the involved parties being relentlessly mocked by angry voters while being informed of the true nature of what they are watching.

There are several counter-measures which may be used both during and after such a protest. All of these will make the CPD and the major parties look heavy-handed and opposed to free speech and political freedom, but they will probably attempt these measures regardless, so let us consider them. The easiest would be to run the live broadcast with a delay in order to censor out the hecklers. This would be very obvious and cause everyone watching to wonder what the establishment press does not want them to hear, but it would prevent the hecklers from getting their message out in the moment. This may be countered by people with smart phones and other recording devices posting their accounts of the events taking place in order to avoid media censorship. Another countermeasure could be to empty the audience and continue the debate in an empty auditorium. This would allow the CPD, the moderators, and the candidates to continue their propaganda in peace while making the rest of the audience more angry at the protesters, but it would cause an even greater uproar afterward as alternative media personalities interview those involved and raise awareness of what happened. It would also be difficult to hide this tactic from those watching at home. A third measure would be to charge protesters with various trumped-up criminal charges in an effort to make an example out of the protesters. This could have a chilling effect on future efforts, but only if those organizing similar protests at other CPD events allow it to. As long as everyone obeys the fourth step of the plan in terms of engaging in no threats or acts of violence against anyone, any criminal charges should be dismissed as running afoul of the Bill of Rights. Fourth, the protesters could face sanctions from the universities they attend. This could have much the same effect as potential criminal charges, and would also be likely to fail for the same reasons. Finally, the CPD, the moderators, and/or the candidates may decide to hold all future debates without an audience. This would effectively end this method of protest, but it would signal to those who oppose the presidential debates in their current form that all peaceful avenues have been tried and failed, meaning that the use of force would be the only form of protest remaining.

This concludes the plan for a novel type of peaceful protest against the CPD. While the plan will not be easy to execute and there is no guarantee of success, it is best to exhaust all peaceful methods before resorting to force when one is presenting a case in the court of public opinion.

On Libertarianism and the Alt-Right

On August 26, Jeffrey Tucker published an article highlighting what he perceives to be five important differences between the alt-right and libertarianism. Throughout the piece, he misunderstands various aspects of the alt-right, along with their connection to libertarianism. As such, let us examine Tucker’s article and what libertarians can learn from the alt-right.

Introduction

We begin with Tucker’s introduction, in which he writes,

Let’s leave aside the question of whether we are talking about an emergent brown-shirted takeover of American political culture, or perhaps merely a few thousand sock-puppet social media accounts adept at mischievous trolling on Twitter.

Here, he both sets up a false dilemma and decides to ignore its resolution. The alt-right, as explained in an article that Tucker links to, is an umbrella term for everyone on the right who is opposed to establishment conservatism. This includes American nationalists, anti-egalitarians, fascists, men’s rights activists, monarchists, neo-Nazis, paleoconservatives, racial separatists, reactionaries, right-libertarians, and white identitarians. But many of these groups are at cross purposes with one another. The danger of such a broad term is twofold; that which describes everything really describes nothing, and this vacuum of imprecision may then be filled by anyone who wishes to denigrate everyone included within the broad brushstroke. Tucker spends the rest of his article doing the latter, as we will see. For the purpose of this article, I will focus on a (neo)reactionary, right-libertarian take on the alt-right that includes some aspects of men’s rights and anti-egalitarianism.

1. The Driving Force of History

The first difference Tucker notes is the theory of history that each movement has. His presentation of the libertarian view as one of liberty versus power, or market versus state, is essentially correct but lacking in detail. It is this detail that the alt-right can provide, but Tucker decries this as “long and dreary.” To the contrary, the “meta-struggle that concerns impersonal collectives of tribe, race, community, great men, and so on” describes the individual historical events that decide the victor between liberty and power, between market and state. To ignore this is to see a forest and have no concept of a tree.

While libertarianism does speak of individual choice and the alt-right does speak of collective action, these two are not mutually exclusive. The belief that libertarians must reject any concept of a group identity or a collective action just because they are individualists is the height of political autism. While a collective does not exist in the sense of having a particular form in physical reality, it is a useful mental abstraction and grammatical shorthand to describe many individuals acting in concert toward a common purpose. Contrary to Tucker, the alt-right does not claim that we “default in our thinking back to some more fundamental instinct about our identity as a people”; the claim is that while people have this instinct which is genetically hard-wired into us, some people embrace it while others reject it. Those who embrace this instinct have an advantage in forming a strong social unit, which is the basis of a strong society. To criticize this as racist is generally inaccurate, as there are many population groups within each race, some of which may be more different from one another than from a population group of a different race. Thedism, tribalism, or in-group preference would all be more accurate terms for this phenomenon.

The overarching theme here is that while an individual person has the ability to make minor course corrections to the general trend of a society, the arc of history is generally not subject to the whims of an ordinary person. This is because an ordinary person lacks the means to defend against nation-states or even large groups of opposing ordinary people, and many libertarians oppose the idea of them acquiring such means. Thus, something more powerful than an ordinary person is needed to “make a dent in history’s narrative,” as Tucker says. Where the alt-right goes wrong is to believe that this requires a Carlylian Great Man. Libertarians correctly recognize that a large number of ordinary people can make such a change directly, without acting through a Great Man or any other method of centralization.

2. Harmony vs. Conflict

The second difference Tucker discusses is the view of harmony versus conflict. He compares Frédéric Bastiat’s view of a “harmony of interests” with the alt-right view of societal conflict. What Tucker fails to realize is that these views are not mutually exclusive. People find value in each other and divide labor among one another in order to build a society, and this works best in the absence of central planning. Tucker correctly says that libertarians believe in a “brotherhood of man,” but then fails to understand that the alt-right does as well to some extent. The nnerbund (league of men) is a central element of neoreactionary thought, being the organ that defends a society from external threats, maintains the traditions of the society, and enforces social norms within the society. The decay of this organ due to various aspects of modernity (which are frequently misidentified as capitalism rather than communo-fascism) is lamented by the alt-right as a contributing factor to much of the moral degeneracy currently present in the West.

Voluntary cooperation and free markets are wonderful and liberating, but some people do not want us to be liberated, preferring instead to violently victimize the innocent and exist parasitically upon productive members of a society. Those people must be physically repelled and removed, and someone must do the repelling and removing. This deterrent must exist in order to keep the state eliminated as well as repel common criminals and foreign invaders. The subset of libertarians who think that we will all peacefully evolve into a utopia where no one initiates the use of force suffer from incredible naïveté concerning matters of violence as well as an ignorance of history. The history of mankind has been one of deep-rooted conflict, based on whatever happens to be convenient at the moment.

Tucker closes this section by noting a parallel in Marxist ideology about a conflict between labor and capital. He quotes Ludwig von Mises, who wrote, “Nationalist ideology divides society vertically; the socialist ideology divides society horizontally.” This is true but incomplete, as it puts the cart before the horse in terms of how human interaction actually occurs. Society is already divided horizontally and vertically by the inherent biases and prejudices that people have. Nationalism and socialism simply give people an intellectual basis to explain and amplify what they already believe.

3. Designed vs. Spontaneous Order

Third, Tucker looks at the nature of social order. Tucker describes the libertarian position thusly:

The libertarian believes that the best and most wonderful social outcomes are not those planned, structured, and anticipated, but rather the opposite. Society is the result of millions and billions of small acts of rational self-interest that are channeled into an undesigned, unplanned, and unanticipated order that cannot be conceived by a single mind. The knowledge that is required to put together a functioning social order is conveyed through institutions: prices, manners, mores, habits, and traditions that no one can consciously will into existence. There must be a process in place, and stable rules governing that process, that permit such institutions to evolve, always in deference to the immutable laws of economics.

This is an accurate description of the libertarian position, as well as how society should operate. The alt-right mind, on the other hand, has a better understanding of how the current system operates, and this is an understanding that libertarians must have. After all, one cannot get from point A to point B without knowing about point A. Statist societies are built through central planning, by “the will of great thinkers and great leaders with unconstrained visions of what can be,” as Tucker writes. However, what we see is not necessarily the result of someone’s intentional and conscious planning from the top down, as there are unintended consequences and bootlegger motivations that must be accounted for.

What Tucker alleges to be an obsession with conspiracy theories by the alt-right is actually something else; a realization that some consequences that people routinely claim to be unintended should not be assumed to be such. When there is an ample body of history and economics to suggest that a particular result will follow from a particular policy, it is reasonable to assume that someone wanted that outcome, or at least should have expected it. But Tucker does understand the desire to seize the controls, if only by accident. Some libertarians have proposed that the controls must be destroyed, this author included. But since there appears to be almost no popular support for this idea, we are left with a situation in which someone will use those controls, and far better that it is libertarians than anyone else. It could be the case that like the One Ring, someone must hold state power in order to eliminate it. We cannot use state power to create a stateless society, but we can set one enemy of liberty against other enemies of liberty in the hopes that they weaken or destroy each other, after which we can mop up what remains of them.

Finally, Tucker correctly criticizes Carlyle about economics, but then fails to provide the correct answer. Economics is not “the dismal science” for not being dismal, but for not being science. Economics, properly understood, is an a priori, rational discipline like logic and mathematics.

4. Trade and Migration

Tucker’s fourth point concerns trade and migration. He is correct to laud the positive changes that have occurred since the Middle Ages with respect to human rights, economic mobility, and free association. He is also correct to view protectionism as a tax on consumers and an unnecessary source of international conflict. But again, Tucker fails to appreciate the context of the situation. We do not live in a world in which tearing down our barriers makes everyone better off. The reality is that doing this would only impoverish and endanger the domestic population while empowering foreign governments and external organized crime. If we open our borders, they will be magnetic to those who would come here to take handouts from the state at our expense. And once those people are here, we will not only be forced to associate with them, but any opposition to them or the government programs that bring them here will be condemned as racist. Since a libertarian solution is not on the table and no one seems to be willing to do what would be necessary to put it on the table, we are left with a choice between forced integration and forced segregation. The latter is both less threatening to the liberty of the domestic population and easier to evade through illegal means.

Tucker also misunderstands the alt-right view of this issue. A community must be strong enough to thrive as an independent unit not because international trade is “inherently bad or fraudulent or regrettable in some sense,” but because entrusting the survival of one’s community to outsiders is a precarious position. Trade is generally good to engage in, but not to depend upon to such an extent as to lose the ability to provide for one’s own basic needs. The potential danger comes when trade causes a society to evolve too fast, which can bring destruction as delicately balanced social structures are swiftly toppled without a clear replacement ready to prevent chaos.

The reasons that migration is seen as a profound threat to the identity of a community are that assimilation occurs slowly (if at all), and the resulting multiculturalism weakens the männerbund of a society, which compromises the security and values of the society. A massive influx of migrants into a community will cause the culture of that community to change in their direction. It is amazing that so many libertarians fail to understand this, given that the Free State Project has this very objective for the state of New Hampshire. But the FSP is an exception to the rule; generally, migrants come from societies whose cultures do not value libertarian principles, which will weaken the culture of liberty.

5. Emancipation and Progress

Tucker’s final point is about human progress. He writes,

Slavery was ended. Women were emancipated, as marriage evolved from conquest and dominance into a free relationship of partnership and consent. This is all a wonderful thing, because rights are universal, which is to say, they rightly belong to everyone equally.

This much is true, but then he continues,

Anything that interferes with people’s choices holds them back and hobbles the progress of prosperity, peace, and human flourishing. This perspective necessarily makes the libertarian optimistic about humanity’s potential.

This is not always true. For example, laws against trespassing interfere with people’s choices to go wherever they choose. Laws against theft interfere with people’s choices to take whatever they choose from whomever they choose. Laws against rape interfere with people’s choices to have sex with whomever they choose. Need we go on? People’s choices must be tempered against the rights of other people as well as the social norms of the community in which they find themselves. To be fair, Tucker would be unlikely to dispute this, but avoiding poor wording prevents many problems.

The alt-right view is not that the libertarian view is incorrect, but that it is incomplete and devoid of context. Without the state, an overall increase in liberty would have occurred by freeing slaves and emancipating women, not that slavery or treating women as property could have been maintained in its absence for as long as they were in its presence. But with the state in place, empowering women and former slaves has not resulted in an overall increase in liberty, but in a struggle between races and genders. The result of that struggle thus far has been a decrease in liberty for men and for white people, as it is at their expense that women and the descendants of slaves have made many unjust gains. The corrupting and perverse incentives inherent in democracy only make this worse, as expanding suffrage to include more people has allowed them to use the state to attack elite men. The end result has been the expansion of a political view once found only in brothels to ensnare the society as a whole. This is why, as Tucker writes, “What appears to be progress is actually loss: loss of culture, identity, and mission,” at least for white males. The proper libertarian answer is not to expand suffrage to everyone, but to abolish it for everyone. It is for this reason that a libertarian with alt-right sympathies can “look back to what they imagine to be a golden age when elites ruled and peons obeyed” and “long for authoritarian political rule.” Traditional monarchies were far from perfect by libertarian standards, but the shift to hyper-inclusive mass democracy failed to solve the problems of traditional monarchy while introducing new problems of its own. The authoritarian political rule of a king or dictator more closely resembles that of a private property owner than the popular rule of the masses in a democracy, at least in terms of the incentives that apply to the participants. If a decentralized violent revolution to end the state is not forthcoming, and technological advances that push back against centralization are insufficient, then an intermediate step against the leftist Leviathan in the form of a right-wing dictator is the remaining option, risky though it is.

Contrary to the view of left-libertarians, libertarianism does not expressly forbid authoritarianism, but rather confines it within the boundaries of private property. The critics of libertarianism who say that we wish to replace the tyranny of the state with the tyranny of the private property owner are correct, in that libertarianism allows a private property owner, in terms Tucker uses elsewhere, “to assert their individual preferences, to form homogeneous tribes, to work out their biases in action, to ostracize people based on politically incorrect standards, to hate to their heart’s content so long as no violence is used as a means, to shout down people based on their demographics or political opinions, to be openly racist and sexist, to exclude and isolate and be generally malcontented with modernity, and to reject civil standards of values and etiquette in favor of anti-social norms.” This should be welcomed, as a society in which private property owners may freely express their preferences and prejudices is far more likely to confront and successfully deal with bigotry than a society in which the state either promotes or prohibits bigotry across its entire territory.

While libertarianism has an a priori true position on universal rights in theory, the alt-right once again excels in describing how the world actually works at present. That “rights are granted by political communities and are completely contingent on culture” and “some were born to serve and some to rule” is true in current practice, and the latter would be the natural result of the sort of Darwinian meritocracy that is the logical conclusion of libertarian theory. One has many sorts of rights in theory; property rights, freedom of association, freedom of communication, and so on. But if one cannot make use of them and defend them against those who would violate them, they are meaningless in the real world. And unless a person has a reliable means of self-defense against an entire community while being able to survive without said community, that person’s expression of rights are granted by political communities and are completely contingent on culture.

Tucker’s Conclusion

The alt-right knows who its enemies are, and while some libertarians are among them, others are not. The alt-right generally shows hostility only to left-libertarians, social justice warriors, moral degenerates, and other such subsets of the libertarian community. Many other libertarians are able to have peaceful, honest, and productive conversations with members of the alt-right, with some even identifying as both libertarian and alt-right with no apparent contradictions. Even so, one can make temporary common cause with a lesser enemy (unsavory elements of the alt-right) in order to defeat a greater enemy (the democratic state).

Tucker finishes by commenting on the common opposition to democracy among libertarians and the alt-right. He writes,

This was not always the case. In the 19th century, the classical liberals generally had a favorable view of democracy, believing it to be the political analogy to choice in the marketplace. But here they imagined states that were local, rules that were fixed and clear, and democracy as a check on power. As states became huge, as power became total, and as rules became subject to pressure-group politics, libertarianism’s attitude toward democracy shifted.

In contrast, the alt-right’s opposition to democracy traces to its loathing of the masses generally and its overarching suspicion of anything that smacks of equality. In other words, they tend to hate democracy for all the wrong reasons. This similarity is historically contingent and largely superficial given the vast differences that separate the two worldviews. Does society contain within itself the capacity for self management or not? That is the question.

These views are not mutually exclusive. One can loathe people, conclude that a state will not solve anything because it is composed of people, and therefore support abolition of the state in favor of an anarcho-capitalist society because it is the best that we can do. Furthermore, the 19th century classical liberals should have known better. As Hans-Hermann Hoppe explains,

Free entry is not always good. Free entry and competition in the production of goods is good, but free competition in the production of bads is not. Free entry into the business of torturing and killing innocents, or free competition in counterfeiting or swindling, for instance, is not good; it is worse than bad. So what sort of “business” is government? Answer: it is not a customary producer of goods sold to voluntary consumers. Rather, it is a “business” engaged in theft and expropriation — by means of taxes and counterfeiting — and the fencing of stolen goods. Hence, free entry into government does not improve something good. Indeed, it makes matters worse than bad, i.e., it improves evil.

What Libertarians Can Learn

With Tucker’s piece examined, let us conclude by considering some lessons that libertarians should learn (or re-learn, in some cases) from the alt-right. First, the alt-right has a better understanding of how to get media attention. The alt-right is most famous for using the Internet to troll and create memes to attack those whom they oppose. This gets them media attention to a degree that many libertarians only dream of, and libertarians can learn their skills in order to create better memes as well as troll enemies of liberty.

Second, the alt-right has found a way to deal with the nearly constant accusations of racism, sexism, homophobia, transphobia, etc. that spew from the left. They either ignore, dismiss, or embrace such accusations. To the surprise of many on the left, though it should surprise no one, this technique is effective. Throwing labels at one’s political opponents in response to their reasoned arguments is not a counter-argument; if anything, it is an admission of defeat and ignorance, as a person who is capable of making counter-arguments has no need for name-calling. Libertarians would do well to respond to such accusations in this way rather than accusing leftists of being the real bigots or backing down for fear of being accused of bigotry. As for embracing the accusations, it is better to have bigots within libertarianism than outside of it, for if bigots truly become libertarians, then they must start adhering to the non-aggression principle. This means that they would have to stop initiating the use of force in pursuit of their bigotry, as well as stop asking the state to do so on their behalf. The presence of openly bigoted people also has the welcome side effect of driving out social justice warrior entryists.

Third, the alt-right is better at avoiding political autism. Political autism is the manifestation of symptoms similar to those which are present in high-functioning autistic people, such as using reason and evidence exclusively while being unable to process that a listener is operating emotionally rather than rationally, an inability to identify or think about groups or shared interests, preoccupation with particular topics to an unusual extent, focusing on details while missing the big picture, and repetitive use of set phrases. It is important to learn to identify when one is engaging in such behaviors so that one may correct oneself and avoid incorrect conclusions. This is not a new problem; Rothbard identified an example of political autism at work without naming it in a 1967 essay called War Guilt in the Middle East. Rothbard writes,

The libertarian, in particular, knows that states, without exception, aggress against their citizens, and knows also that in all wars each state aggresses against innocent civilians “belonging” to the other state.

Now this kind of insight into the root cause of war and aggression, and into the nature of the state itself, is all well and good, and vitally necessary for insight into the world condition. But the trouble is that the libertarian tends to stop there, and evading the responsibility of knowing what is going on in any specific war or international conflict, he tends to leap unjustifiably to the conclusion that, in any war, all states are equally guilty, and then to go about his business without giving the matter a second thought. In short, the libertarian (and the Marxist, and the world-government partisan) tends to dig himself into a comfortable “Third Camp” position, putting equal blame on all sides to any conflict, and letting it go at that. This is a comfortable position to take because it doesn’t really alienate the partisans of either side. Both sides in any war will write this man off as a hopelessly “idealistic” and out-of-it sectarian, a man who is even rather lovable because he simply parrots his “pure” position without informing himself or taking sides on whatever war is raging in the world. In short, both sides will tolerate the sectarian precisely because he is irrelevant, and because his irrelevancy guarantees that he makes no impact on the course of events or on public opinion about these events.

No: Libertarians must come to realize that parroting ultimate principles is not enough for coping with the real world. Just because all sides share in the ultimate state-guilt does not mean that all sides are equally guilty. On the contrary, in virtually every war, one side is far more guilty than the other, and on one side must be pinned the basic responsibility for aggression, for a drive for conquest, etc. But in order to find out which side to any war is the more guilty, we have to inform ourselves in depth about the history of that conflict, and that takes time and thought – and it also takes the ultimate willingness to become relevant by taking sides through pinning a greater degree of guilt on one side or the other.

Fourth, the alt-right understands role of society in judging individual behavior and opposing degeneracy. Many libertarians believe that private actors should not be criticized because they have the freedom to do as they wish with their bodies and resources. While this is true in the sense that no one has the right to initiate the use of force to stop them, this does not mean that libertarians cannot condemn hedonistic behavior that is capable of collapsing a society if it becomes sufficiently prominent. It could even be said that there is a tragedy of the commons at work, in that everyone pursuing their own carnal pleasures without regard for the well-being of others results in less liberty and prosperity for everyone. Libertarians must learn to use non-violent means, such as shaming, ridicule, and ostracism, to peacefully promote beneficial social norms if the goal of a functional stateless society is to be created and maintained.

Fifth, the alt-right recognizes that blank-slate egalitarianism is false. This is because individuals vary in ability and populations groups adapt to their environments. These adaptations can give members of a particular population group an advantage in a particular activity. While these adaptations can be noticed in people who move to another place and live as the locals do, the extent of the adaptations which are present in a population group that has inhabited a place for many generations cannot be replicated in one human lifetime. The result is that there are both individual and demographic disparities in intelligence and athleticism, which cause disparities in socioeconomic outcomes. While these differences are not large enough at present to categorize humans into different species or subspecies, libertarians would do well to learn about gender dimorphism and human biodiversity, as their implications will alter the strategy for reaching a functional stateless society.

Conclusion

In Tucker’s foray into the alt-right, he seems to deliberately look for the worst that anyone in the movement has to offer while ignoring the positive lessons which may be learned. As a result, he sees what he wants to see; a separate and distinct movement from libertarianism with no legitimate overlap, an enemy to be fought rather than a potential ally. But as shown above, this is a thoroughly misguided approach. There is much common cause to be made with the alt-right and much to be learned from them, especially in defeating our common enemies.

Disasters and the Pax Romana Problem

Whenever disasters impact an area in modern times, governments play a large role in the cleanup and recovery efforts. People file claims with the state to recover their losses while simultaneously inflicting those losses upon taxpayers elsewhere in the nation. Building codes are enhanced, and because resources spent on one expense cannot be spent on another, the result is less resources available for communication, medical care, and transportation to warn people of disasters, get them away from danger, and treat any injuries or diseases that result. The usual pork barrel spending and high-profile boondoggles will rear their ugly heads among the disaster relief spending.

But there is an even more insidious problem at work here, which we may term the Pax Romana Problem. Students of history will be familiar with the time of relative peace and stability from the time of Augustus (r. 27 BCE-14 CE) until the time of Commodus (r. 177-192 CE). During this time, the economy, the arts, and agriculture flourished because the tribal battles that predated Roman conquests as well as the rebellions and riots that predated the Pax Romana were largely suppressed. But there was a dark side to this, particularly in parts of the empire which were much closer to the border than to Rome. With Roman forces in charge of law, order, and security, many peoples suffered losses in the ability to provide these services themselves. After all, societal organs tend to decay from disuse just as individual people do. When the Pax Romana ended, these peoples were without the stabilizing forces which they had come to rely upon and were out of practice in providing these services for themselves. The end result was that several of these peoples were raided and conquered by various barbarians and empires.

At first glance, this may not appear to have much to do with disaster relief. But there is a similarity between what happens when governments step in during disasters and what happens when a large empire takes over security for formerly independent smaller tribes. Before there was massive government intervention to help disaster victims, people had more of an incentive to plan ahead and be ready for potential disasters because they knew that if something were to happen, they would have to rely upon themselves and the people in their communities to survive and recover. Without the potential for government agents to step in, people were less likely to view disaster relief as someone else’s problem and thus more likely to donate to relief efforts. When one relies upon people one knows for support during hard times, defrauding people is disincentivized due to both the loss of reputation in the community as well as the potential for reprisals. Looting is also less of a problem when security is handled directly by private property owners without involving the state because they and their hired help are both more competent at and more concerned with solving local crime problems than distant bureaucrats and their minions. Of course, these conditions meant a stronger social fabric and less dependence on the state, so governments found it all too tempting to interfere.

Before there was significant government involvement in the insurance industry, insurers would either refuse to insure or charge exorbitant rates to cover properties which were at a continually high risk for being destroyed by floods, earthquakes, volcanoes, and other such periodic catastrophes. This was an important market signal that certain areas are not good places for humans to build permanent residences. Of course, some people ignored those signals and suffered the consequences of their stupidity, but this has better outcomes for everyone else than rewarding such stupidity with government handouts which incentivize people to stay in places where they are likely to suffer disasters.

Now that governments play an active role in disaster relief, all of the problems that one might reasonably expect are present. When politicians have a choice between doing what is best for the people and doing what helps their public image, they will almost invariably choose the latter. Because the state has a coercive monopoly, it cannot be fired or have its funding suspended by normal means, regardless of how terrible its performance is or how much it interferes with private efforts which are trying to help people. To the contrary, failure means that statists can claim that insufficient funding is the reason for failure. There is also the matter of vote-buying, in that the people have an incentive to elect politicians who will deliver them the most funds from the government treasury. Disaster relief is not as reliable a payout method as welfare programs, but it is still a means of legal plunder available to those who live in disaster-prone areas.

We can also see the typical one-size-fits-all policies rather than the more targeted solutions that a private effort would attempt. For example, following Hurricane Katrina in New Orleans, the Federal Emergency Management Agency announced a program to give away $2000 to every household that claimed to be affected by Katrina, regardless of size or need. Of course, this was subject to much waste, fraud, and abuse. Unlike private organizations who must rely upon voluntary donations, the state has no incentive to actually figure out how much help each household needs, so it overpays some and underpays others.

With government infrastructure management, people are encouraged to live in places which are at higher risk for disasters than would otherwise be economical to inhabit. To use the example of Katrina again, levees held back water from areas which have an elevation below sea level. Investigations into their failure showed cost-cutting during construction as well as poor maintenance. While there is no guarantee that a privately built and maintained system would have been successful, that which may or may not work is better than that which is known to fail. Then again, leaving infrastructure up to the private market could have meant that low-lying areas would have always been underwater and thus uninhabited, meaning that structures and lives would not have been at risk there because they would have been absent in the first place.

Government flood insurance programs also encourage people to take risks which would not make economic sense in a free market. What is incorrectly perceived as a market failure is actually a market success; the process of voluntary exchange and decentralized calculation produces the result that flood plains are inferior places to build a house or business. Rather than people rebuilding communities in unstable locations for the umpteenth time, a free market in flood insurance would cause low-lying areas to be abandoned and returned to a state of nature, as is proper. Perhaps in time, such places which are near coastlines and below sea level could fill in with sediment and become livable lands which do not require levees to keep water out of them.

Finally, government police and National Guard forces have largely displaced private security measures to prevent looting during disasters. Worse than that, they have actively engaged in attacks upon disaster victims who were trying to provide such defense for themselves, causing the very problem they should be trying to solve.

Fortunately, this perverse state of affairs will not last forever. Someday, the United States government will decline and fall, just like Rome and so many other empires throughout history. Just like the outer peoples of the Roman Empire after the Pax Romana ended, the American people will be left to fend for themselves in the absence of the federal government. The degree of government involvement in their lives will leave them weakened in the face of disasters which will not cease to afflict them when the state does. But a return to proper incentive structures will mean that in the long run, behaviors will be positively modified, the attitudes of the people will change to match those behaviors, and the community bonds which support a truly healthy society can be rebuilt.

Seven observations on the Rio Olympics

On August 3-21, 2016, the 2016 Summer Olympics were held in Rio de Janeiro, Brazil. More than 11,000 athletes from 207 National Olympic Committees took part in 28 different sports across 38 different venues. Seven observations on these events follow.

1. Governments do not care about poor people. In order to build the Olympic venues, government officials in Rio displaced thousands of poor and homeless people, including many children. When affordable housing is demolished, it raises the price of other housing due to smaller supply and a new surge of demand. Food and transportation costs have also risen. The end result is that people are priced out of their own communities by state action. While government officials have claimed that the Olympic construction was done to improve the city, the ends cannot justify the means of eminent domain and forced relocation. Additionally, much of the construction does not address the most pressing concerns of Rio’s citizens, such as connecting more neighborhoods to the sewer system.

Another problem that has increased due to the Olympics is the amount of human rights violations against Brazil’s street children, many of whom are detained arbitrarily and put into an already overcrowded prison system. The government in Rio chose not to try to help the children who eke out a homeless existence on the streets while suffering from drug addiction, but rather to merely sweep them away from the eyes of international tourists. All of this is par for the course for governments. To quote Stefan Molyneux, “The government does not care about the poor as anything other than hostages to shame and capture the guilt of the innocent and force them to hand over additional money, rights, and children to the government.”

2. The Games serve to glorify the state at the expense of the individual. While the competitions are won and lost by individuals or teams thereof, these are almost always tied to a nation-state. It is always said that athletes win medals for their countries, and the award ceremonies always feature the national anthem of the nation that sent the gold medalist athlete, along with the flags of the top three finishers in the event. This amounts not to a celebration of individual achievements, but a garish display of jingoistic nationalism. The host nation-state forces its taxpayers to fund a spectacle in which a sort of cold war is conducted by having each nation-state’s champions vie for supremacy. It would be far better to privatize the entire process so that nation-states are deprived of a propaganda tool.

3. Some activities simply cannot be made safe. Every Olympics features its share of athletes suffering injuries (10-12 percent), and the 2016 Summer Olympics were no exception. Despite all of the precautions taken, athletes who push themselves to the top level of competition in strenuous activities sometimes get injured, especially when going for a medal means exceeding what one has done in training. The only way to prevent all of the injuries would be to eliminate all of the activities, so it is better to leave the athletes to take their own risks, reap their own rewards, and suffer their own consequences.

4. It is important to pace oneself in any task. This is a lesson which is frequently displayed across various athletic events, but it bears repeating. Those who put too much effort into the beginning of a long and/or arduous task will have difficulty in finishing. Many runners exhaust themselves in leading the pack of competitors for most of a race only to lose at the end because a less tired runner who managed to hang back just behind the leader is able to muster a sprint for the finish line to overtake the pace-setter up until that point. This happened in several medium distance races in Rio.

Another example of this phenomenon occurred in men’s weightlifting for the superheavy weight class. Behdad Salimi, the gold medalist from the 2012 Summer Olympics, set a new world record in the snatch only to fail all three of his attempts at the clean and jerk, meaning that he failed to post a total and won no medal.

5. Performance-enhancing drugs will always be one step ahead of detection methods. This is unavoidable, as there is no real incentive to test for a drug before it is known to be manufactured and used. While many users get caught, and punishments are handed out (such as the banning of many Russian athletes from the 2016 Games), many more do not. There are many incentives which create this problem. As Dr. Cayce Onks, a family and sports medicine specialist at Penn State Hershey Medical Group, explains, “Anyone who gets a gold medal has the benefit of TV contracts, announcer gigs, commercials and all the money that comes with it. It’s not just the prestige and satisfaction of competing at that level and winning. Tenths of seconds can mean the difference between a medal and no medal, so whatever they can do to get that extra tenth, they want to try.” As for other incentives…

6. An interesting spectacle is more important to many people than honest competition. While the Olympics are somewhat hit-or-miss in terms of being a financial boost for the places that host them, they are always a cash cow for the television networks that air footage of them. Ratings go up for performances that push the limits of human capability, as well as for athletes who have a reputation for delivering such performances. It was Usain Bolt in the 2016 Summer Olympics, but it is always someone. The advertisers, the International Olympic Committee, the doping testing agencies, and everyone else involved are fully aware of the incentives here, and it would be exceedingly foolish to believe that they never respond to the incentive to let some athletes break doping rules.

7. Human biodiversity clearly exists. Finally, the Summer Olympics should be a quadrennially sounding death knell for the idea of blank-slate egalitarianism. That certain events are almost always won by people with ancestry in particular population groups cannot be explained solely by the sum of culture, training, government funding of sports, and other nurturing elements. Humans will adapt to their environment like any other organism, and those adaptations can give members of a particular population group an advantage in a particular activity. While these adaptations can be noticed in people who move to another place and live as the locals do, the extent of the adaptations which are present in a population group that has inhabited a place for many generations cannot be replicated in one human lifetime. These differences are not nearly large enough at present to categorize humans into different species or subspecies, but they were in the past and very well could be again in the future. While this will not affect the average person’s daily life, it will determine who has the extra performance capacity needed to win Olympic gold when other factors, such as diet, training regimen, and rest, are nearly equal.

Black Lives Matter Versus Libertarian Revolution

Since the beginning of the Black Lives Matter movement, libertarians have had strong differences concerning how to engage with it. On one hand, libertarians would agree that many laws whose enforcement results in deaths of black people at the hands of government agents should be eliminated, such as those forbidding drug possession. On the other hand, many people who protest under the BLM banner engage in activities which are at odds with libertarian philosophy, such as blocking roads, disrupting businesses, and rioting.

As time marches on, as tends to happen in most activist organizations with street presence, the more radical elements within the BLM movement are gaining more attention. The sister of a man who was killed by police on August 13 urged protesters,

“Don’t bring that violence here. Burning down shit ain’t going to help nothing. Y’all burning down shit we need in our community. Take that shit to the suburbs. Burn that shit down.”

At the beginning of the riots in Milwaukee, a rioter could be heard yelling to police officers,

“We do not want justice or peace anymore. We done with that shit. We want blood. We want blood. We want the same shit y’all want. Eye for an eye. No more peace. Fuck all that. Ain’t no more peace. Ain’t no more peace. We done. We cannot co-habitate with white people, one of us have to go, black or white. All y’all have to go!”

And at a protest in Portland, Ore. on July 12, BLM leaders told protesters concerning police officers,

“Whatever you do, you pull your pistol out and fucking bust them… Trust me when you see me move, I’m moving in violence. We need action. I don’t give a fuck if you knock them over, whether you run up on them, whatever you do, you better fucking take action.”

The urgings of some misguided libertarians notwithstanding, these sentiments should make it clear that there is not an alliance to be made between BLM radicals and libertarians. Although there are segments of the libertarian community who understand that violent revolution is necessary to abolish the state, and both would physically remove government police officers from their communities, this impulse for libertarians is radically different from what is illustrated above. The libertarian revolution proceeds from the realization that a libertarian social order is superior to that of either a democratic or authoritarian state, and that such a state stands in the way and cannot be expelled from a territory or completely eliminated by peaceful means. Anti-police violence advocated by BLM leaders proceeds from the realization that police are an obstacle to degenerate and criminal behavior which they would like to see removed, and that this will not happen by peaceful means.

While the libertarian revolutionary seeks to end a system which violently victimizes the innocent, the BLM radical seeks to impose such a system upon white people. While the libertarian revolutionary seeks to protect individual rights and private property, the BLM radical seeks to take private property from its rightful owners in order to fund government programs and give reparations to people who were never personally wronged. While the libertarian revolutionary seeks to free minds and markets, the BLM radical seeks to perpetuate government indoctrination and communize resources. While the libertarian revolutionary seeks to replace government monopoly police which are coercively funded with private competing security forces which are voluntarily funded, the BLM radical seeks to abolish police with no clear alternative in mind. It should be clear to all but the most cucked and autistic libertarians that these two groups cannot work together toward a common goal because they are aimed at cross purposes.

That being said, it is possible that this could change. BLM radicals could think things over and come to the realization that the real enemy is not society, white people, racism, capitalism, patriarchy, privatization, or any other false target that various leaders within their movement have pursued thus far. They could figure out that burning down their own communities (or other communities) grants the police that they claim to oppose the appearance of legitimacy and necessity that they need to continue and escalate the activities for which they claim to oppose them. They could figure out that making this about black versus white rather than blue versus you creates a sense among white people that they should enter this conflict on the side of the state against the black community rather than on the side of the black community against the state. They could figure out that calling for huge government programs and expanded government control of the economy will require far more of the enforcement agents that they claim to oppose while further ruining their communities by creating perverse incentives. They could figure out that the root problem is aggression by government agents, and that the only solution to this problem is self-defense against government without deliberately targeting anyone else.

But unless and until that happens, BLM is an enemy of libertarianism which happens to be in conflict with another enemy of libertarianism, namely agents of the state. It is important to recognize that the enemy of one’s enemy is not necessarily one’s friend, or even an ally of convenience. Though the United States government is the most powerful and dangerous criminal organization in human history, its power could fall into worse hands and be used for worse purposes. Its abolition by people with the wrong ideas could create the need for a counter-revolution against them in order to establish a better social order rather than a worse one (or the complete lack of one). As for how libertarians should deal with BLM as it is now, when government agents and common criminals fight, it is generally best to pull for no one and hope for heavy casualties on both sides.