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Auberon Herbert

On June 18, 1838, Auberon Edward William Molyneux Herbert was born.

Auberon Herbert was a Liberal Member of Parliament who, after reading the writings of Herbert Spencer, became a radical individualist, authoring essays such as “The Ethics of Dynamite,” “A Politician in Trouble About His Soul,” and “The Right and Wrong of Compulsion by the State.”

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crime and punishment general freedom too much government

Unfriending the Police?

Defund the police?

First, take a moment to celebrate those on the American Left who have finally — miraculously — stumbled onto something they actually want the government to spend less money on. 

Second, consider policing expert and Washington Post columnist Radley Balko’s amply backed-up contention that “the evidence of racial bias in our criminal justice system” is “overwhelming.” 

Nonetheless, Mr. Balko notes that “lots of white people are wrongly accused, arrested and convicted” and “treated unfairly, beaten and unjustifiably shot and killed by police officers. White people too are harmed by policies such as mandatory minimums, asset forfeiture, and abuse of police, prosecutorial and judicial power.”

Even if police violence is “more of a problem for African Americans,” posits David Bernstein at Reason, “it’s not solely a problem for African Americans. Eliminating racism, in short, would still leave the U.S. with far more deaths from police shootings than seems reasonable.”

This is not an argument to ignore racism, but in favor of making effective changes in policy and law.

Maybe the solution to our police violence problems is not defunding departments, in a vast unfriending campaign, but to let up on some of their burdens, require them to do less. De-task.

For starters? Defund the War on Drugs! 

Drug prohibition has been a criminal justice disaster — filling our jails with victimless criminals whose problem is drug addiction. In a myriad of ways, the drug war has spawned greater police corruption and introduced more intrusive and dangerous policing.

Let’s have a frank conversation about . . . making practical changes to our criminal justice system.

This is Common Sense. I’m Paul Jacob.


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Auberon Herbert

To live in a state of liberty is not to live apart from law. It is, on the contrary, to live under the highest law, the only law that can really profit a man, the law which is consciously and deliberately imposed by himself on himself.

Auberon Herbert, The Right and Wrong of Compulsion by the State (1885).

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Today

The Statue of Liberty

The Statue of Liberty arrived in New York Harbor on June 17, 1885.


On the same day in 1930, progressive Republican President Herbert Hoover — eager to please agricultural states, and confident that protectionism would yield greater wealth — signed the Smoot-Hawley Tariff. The Great Depression deepened, ratcheting up as each provision of the bill took effect.

Three years later, investment author and two-time Libertarian Party presidential candidate Harry Browne was born.

On June 17, 1944, Iceland declared independence from Denmark.

On this day in 1971, President Richard Nixon declared a “War on Drugs,” which steadily decreased civil liberty and the rule of law in America.

Exactly one year later, five men were arrested for attempted burglary on the offices of the Democratic National Committee in the Watergate complex in Washington, D.C., igniting the Watergate scandal that ultimately led to the resignation of U.S. President Richard Nixon more than two years later.

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First Amendment rights national politics & policies too much government

A Modest Extrapolation

The big news from yesterday’s Supreme Court decisions (in June, they typically come in chunks) regards discrimination law, in which the court decided, 6-3, with Neil Gorsuch writing the majority opinion, that discrimination “against an employee for being gay or transgender violates the Civil Rights Act of 1964.” As covered at Reason it makes for fascinating reading.

Still, there are many problems here. The whole employment discrimination issue assumes that people have a right to be judged suitable for employment based only on strict consideration of job performance.

This is intrusive into private decision-making, and opens up hiring and firing to huge legal costs.

But a bigger issue lurks here.

It is now commonplace for employees to be fired under public pressure for merely having political opinions that have little or nothing to do with their jobs.

Anti-discrimination civil rights law was designed to curb this sort of thing — public pressure for reasons of antipathy and social mania — but only on a limited number of criteria, racism and sexism against protected groups being the areas carved out.

Since we have a First Amendment right to speak, mightn’t that right be applied via discrimination law to prohibit mob deplatforming or resulting loss of employment?

Sure, 1964’s Civil Rights Act limited the scope of its intervention into employment contracts and the “public accommodations” realm of commerce to the above-mentioned isms, on grounds of a long history of bigotry and invidious private discrimination. But right now, that sort of discrimination is primarily an ideological matter, not racial or sexual. 

Extending the scope of the First Amendment via an anti-discrimination rationale would seem a natural.

At least for those who favor consistent government intervention over freedom. 

This is Common Sense. I’m Paul Jacob.


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Epictetus

Reason is not measured by size or height, but by principle.

Epictetus, Discourses, Book I, ch. 12.
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Today

To Freedom

On June 16, 1961, dancer Rudolf Nureyev defected from the Soviet Union.


The great Scottish moral philosopher, political economy pioneer, and Enlightenment intelectual Adam Smith (1723-1790), best known for authoring the 1776 masterwork The Wealth of Nations, was born on June 16.

On June 16, 1858, Abraham Lincoln delivered his “House Divided” speech in Springfield, Illinois.

On this date in 1963, the Soviet Space Program achieved a first with the Vostok 6 mission, placing Cosmonaut Valentina Tereshkova into orbit as the first woman in space.

June 16th is Bloomsday, a celebration of the life and work of Irish expatriate author James Joyce (1882-1941). The date was selected because June 16, 1904, was the date in which Joyce’s 1922 novel Ulysses was set. The ceremonial day is named after the character Leopold Bloom.

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Thought

Aldous Huxley

However hard they try, men cannot create a social organism, they can only create an organization. In the process of trying to create an organism they will merely create a totalitarian despotism.

Aldous Huxley, Brave New World Revisited (1958), chapter three, p. 24.

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Today

Pig War!

The Oregon Treaty, signed June 15, 1846, established the boundary between Great Britain’s Canadian territory and the United States of America, from the Rocky Mountains to the Strait of Juan de Fuca, using the 49th Parallel as the handy marker. However, the treaty was not exactly clear on the territorial status of the San Juan Islands, so exactly 13 years later, to the day, a war erupted . . . over a shot pig.

An American farmer shot a pig rooting through his garden. The pig belonged to an Irishman. The two did not agree upon compensation, and “the authorities” were called in, with infantry mustering from the south and the Governor of Vancouver Island instructing marines to land on San Juan Island — though the rear admiral in charge refused to comply with the order, on the reasonable grounds that war over a pig was not worth it. Local troops from both sides lined up against each other, but under command to defend themselves only and not shoot first. All that was exchanged in this war were insults. It turned out to be a bloodless war, discounting the pig, so it might qualify as the best war in American history.

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This Week in Common Sense, June 8 – 12, 2020.