Category: general freedom

Categories
First Amendment rights free trade & free markets general freedom government transparency

Secret Censorship

“There are so many things about this story that are crazy,” according to a detailed and exasperated report at Techdirt.com, “it’s difficult to know where to start.”

What story? The one you’ve probably heard nothing about.

Back in late 2010, the federal government seized Dajaz1.com, a popular Internet blog devoted to hip hop. The Justice Department and U.S. Immigration and Customs Enforcement (ICE) shut down the website domain claiming it was infringing on music copyrights. ICE “put up a big scary warning graphic on the site, suggesting its operators were criminals.”

The government then failed to abide by the legal requirements for filing an asset forfeiture case, conducting a secret legal effort, instead. Motions, hearings, and court decisions were filed in secret and placed under “seal,” denying the website owners and their attorney any opportunity for challenge.

Freedom of speech? Due process of law? Obliterated. And yet, earlier this month, the government admitted it had no legitimate case, no probable cause to go after this website in the first place, and, after a year of censorship, finally returned the web domain to its rightful owners.

That a website can be seized by our government, without a charge being publicly made and the crime proven in a fair and open court of law, is absolutely frightening.

What’s even scarier, though, is that legislation currently being considered by Congress — Protect IP and the Stop Online Piracy Act — would give the federal government even more sweeping powers to regulate and control the Internet.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom U.S. Constitution

The End the Bill of Rights Act

Yesterday, on ThisisCommonSense.com, the “Today in Freedom” feature related that 220 years ago — on December 15, 1791 — Virginia’s ratification of the Bill of Rights made those first ten amendments to the U.S. Constitution the law of the land.

Hooray! That’s worth remembering and celebrating.

But something else happened yesterday, worth remembering but not celebrating: Congress passed the National Defense Authorization Act.

The Republican-controlled House of Representatives [sic] had already passed the legislation. Yesterday, the Democratic-controlled U.S. Senate sent the bill to a President Obama, waiting ready to sign it, with a whopping 86 to 13 vote.

This law says the government can arrest you on U.S. soil, shackle you, pull a hood over your face and hustle you out of the country to Guantanamo if someone somewhere in the government theorizes that you might be a terrorist.

But wait: The Fifth Amendment guarantees that you cannot “be deprived of life, liberty, or property, without due process of law.” The Sixth Amendment states quite clearly that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . .”

Agreed, those proven to be terrorists are terrible people. But in a video posted on our website, Senator Rand Paul, who voted against this bill, pointed out, “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, then the terrorists have won.”

We can only triumph over terrorism with the Bill of Rights intact.

This is Common Sense. I’m Paul Jacob.

 

Categories
general freedom The Draft

Following My Conscience

Paul Jacob, the draft, selective service, registration

In 1984, twenty-seven years ago this very day, three FBI agents pushed their way into my North Little Rock, Arkansas, home and placed me under arrest.

My crime? Violating the Military Selective Service Act — that is, absolutely, positively, publicly refusing to register for the military draft. (I’d have resisted civilian service just as ardently.)

Some folks might call it dodging the draft. But not so — I met the draft head on, and in the great spirit of civil disobedience, I resisted.

Of course, there was no actual draft of young men into the military, simply a bureaucratic and regimented preparation for conscription. Seemed like the optimum time to let Uncle Sam know not to plan on me.

Rest assured, had the country been attacked I’d have been there lickety-split. It was not the military or defending the country to which I objected; it was doing it as a conscript — a slave — rather than as a free man.

I expressed my rationale in detail in several of my writings below, from 27 years ago as well as more recently. But my view was and remains neither radical nor alien, tracking, as it does, with what Ronald Reagan said in 1980: “The draft or draft registration destroys the very values our society is committed to defending.”

As is par for the political course, it was Mr. Reagan’s Justice Department that prosecuted me for continuing to stand up for those “values.” U.S. Rep. Ron Paul, today a presidential candidate, testified on my behalf at trial.

At the trial, the prosecutors freely admitted they had every stitch of personal information the government needed the better to spit me out a draft notice should they decide to conscript young Americans. They lacked only my signature on the form.

But that is what they wanted most: my acquiescence. The law said I must “present myself and submit” to registration. I had not submitted to it; I would not — could not in good conscience do so.

At 24 years of age, with wife and an eight-month old daughter, it was certainly a bit disconcerting to begin my adulthood, my career, as a felon. Moreover, to take that risk simply on the principle of the matter, that conscription is un-American, a totalitarian idea, and not because I was actually threatened with being drafted.

Had I wished not to serve, I could have signed up only to refuse to go when the draft notice arrived . . . or I could have quietly refused to register, and faced no threat of being prosecuted. But my goal wasn’t to personally escape the draft. It was to prevent the draft from coming back, to prevent the damage the draft does to our freedom and our country by enabling a foreign policy of acting as the world’s policemen.

Some disagree with the politics of my stand. They have a right to their opinion. But I think that what we ask of everyone should be to do what they believe is right. Not to be a silent spectator, but to speak up and, when necessary, to take action.

In the end, I was convicted and served five and a half months in a Federal Correctional Institution. For better or worse, the “correction” didn’t take.

And never for an instant have I regretted doing what I thought was right.

This is Common Sense. I’m Paul Jacob.

 

further reading:

Why I Refuse to Register, 5/17/1985

Draft the Congress and Leave My Kids Alone, 12/28/2003

Americans Gung-Ho to Draft Congress, 1/4/2004


Categories
general freedom national politics & policies U.S. Constitution

Video: Civil Liberties During a Never-Ending War

What do you call a defense bill that allows indefinite detention at Guantanamo Bay of American citizens accused but not convicted of assisting terrorists without due process? Tyranny. Unconstitutional. Rand Paul compares the now-pending legislation to the hated Egyptian Emergency Law enforced against dissidents for 30 years, which ended with the overthrow of the Mubarak regime:

Categories
free trade & free markets general freedom national politics & policies too much government video

Video: Milton Friedman on Drug Legalization

Nobel Laureate economist explaining why drug prohibition makes no sense:

Categories
general freedom property rights too much government

Plymouth’s Great Reform

Times too tough for much thanksgiving? Some of my readers, surely, are feeling the bracing effects (to put it mildly) of a severe economic slump — a so-called “recession” that I’ve been calling, more simply (and I think more honestly) a “depression” — and all I can say is I have some glimmering of such troubles. Things could definitely be better.

But at Thanksgiving, it might do us good to consult William Bradford’s account of the History of “Plimoth Plantation,” a document that recounts how his fellow Pilgrim settlers established, endured, barely survived, recovered, and eventually thrived in Massachusetts.

By the spring of 1623 — a little over three years after first settlement in Plymouth — things were going badly. Bradford writes of the tragic situation:

[M]any sould away their cloathes and bed coverings; others (so base were they) became servants to [the] Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from [the] Indeans, of which they greevosly complained. In [the] end, they came to that misery, that some starved & dyed with could & hunger.

The problem? The colony had been engaging in something very like communism.

The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that conceite of Platos & other ancients, applauded by some of later times; — that [the] taking away of propertie, and bringing in comunitie into a comone wealth, would make them happy and florishing; as if they were wiser then God.

Bradford relates the consequences of common property:

For this comunitie (so farr as it was) was found to breed much confusion & discontent, and retard much imploymet that would have been to their benefite and comforte. For [the] yong-men that were most able and fitte for labour & service did repine that they should spend their time & streingth to worke for other mens wives and children, with out any recompence. The strong, or man of parts, had no more in devission of victails & cloaths, then he that was weake and not able to doe a quarter [the] other could; this was thought injuestice. The aged and graver men to be ranked and equalised in labours, and victails, cloaths, &c., with [the] meaner & yonger sorte, thought it some indignite & disrespect unto them. And for mens wives to be commanded to doe servise for other men, as dresing their meate, washing their cloaths, &c., they deemd it a kind of slaverie, neither could many husbands well brooke it.

Yes, the s-word: Slavery. Common property was mutual slavery.

The solution? The plan for society that Bradford attributed to God. He brooked no pleading that common property didn’t work because of corruption, sin. As he put it, “seeing all men have this corruption in them, God in his wisdome saw another course fiter for them.” The course? I’ll use a word of coined by Robert Poole, one of the founders of Reason magazine: Privatization.

Basically, what the Pilgrims privatized was land, and the fruits thereof, assigning to

every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means [the] Govror any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into [the] feild, and tooke their litle-ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have compelled would have bene thought great tiranie and oppression.

Thus began the years of bounty in Massachusetts. There’s much more in Bradford’s account worth reading, including the increasingly tragic relations with the native Americans. And, indeed, one learns from reading such first-hand accounts how imperfect a creature is man.

But it is obvious that some systems of property and governance work better than others, and, on the day that our government has set forth as a day of Thanksgiving, it is worth being thankful for living in a land that has upheld — to at least some degree — the system of private property that America’s Pilgrim’s learned to see as God’s “fitter course” for corruptible man.

Times may be tough today. On the bright side, they’ve been tougher. One reason for the progress we have seen — even as we endure a major setback, and perhaps a bigger one to come, as the international financial system implodes — is the system of private property that underlies our personal and economic liberties.

Let’s hope we can recover the best in this tradition.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom too much government

I Gave at the IRS

A friend of mine shared something Desire Street Ministries had posted to Facebook:

We think sometimes that poverty is only being hungry, naked and homeless. The poverty of being unwanted, unloved and uncared for is the greatest poverty. We must start in our own homes to remedy this kind of poverty.

Mother Teresa said that. It’s not something you’re likely to hear from the “Occupy Wall Street” protestors. From what I’ve heard, they tend to say that people are in poverty because of big, greedy corporations . . . or government not taking care of them. Mother Teresa was closer to a better explanation. After all, those of us eating and sleeping well weren’t handed bread and a front door key by the government or a corporation.

A deeper poverty lurks behind persistent financial poverty. Sometimes the problem is neglect or abuse, drug addiction or alcoholism. Love can conquer all, but the Department of Social Services and the DEA don’t dispense love very effectively.

My Facebook friend commented, “Non-profits do so much better of a job of helping the poor than big government can/will do.”

Why is that? It isn’t because social workers don’t care. It’s that government bureaucracies are ill-equipped to address individual needs, which go far beyond a bowl of soup and a bed or even a monthly check.

More training, regulations and new laws are hardly the solution.

We are the solution. But we won’t be if we hand the task to government and declare “I gave at the IRS.”

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights general freedom ideological culture

Ninety-Nine Percent Pure

Politics is dominated by pious, politic lies and half-truths. Every nation has them, and Turkey’s are most impressive.

Turkey has been a vanguard, in the Muslim world, of “Westernizing” and “modernizing” tendencies. But it still has one foot in the deep past. One of its great pious half-truths is that Turkey is “99 percent Muslim” yet possesses a “secular state” where “all religions are equal.”

With some religions more equal than others.

An Alevi spokesman, Izzettin Dogan, charges that the country “is actually a Sunni Islamic state.” There are 30 million Alevis in Turkey, according to the New York Times, and they are not alone in getting the short end of the stick in “secular Turkey”:

“The state collects taxes from all of us and spends billions on Sunni Islam alone, while millions of Alevis as well as Christians, Jews and other faiths don’t receive a penny,” Mr. Dogan said, referring to the $1.5 billion budget of the Religious Affairs Department. “What kind of secularism is that?”

Good question.

And it gets to the heart of one of the reasons I’m so happy to live in America. Our government may be a mess, but we still have some basic freedoms. We’ve long gotten over the ancient fixation on the union of religion and state.

In ancient empires, kings styled themselves as gods.

We know better.

And we know better than to subsidize religion — or use it as a branch of the government.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom national politics & policies too much government

Decline and Fall?

Widespread unemployment, fear, and consternation: Why now?

Three answers:

  1. Imperial over-reach. No nation can police the world forever. Empires once existed for loot. But on net the U.S. doesn’t take wealth from others. Instead, we spend our own wealth “protecting” others, often confusing our “national interest” for the interests of well-connected businesses. Hardly sustainable. Flag-waving about how good the U.S. is won’t stop the decline.
  2. Churning. We pretend to live in a “welfare state,” but wealth does not consistently go from rich to poor, to compensate for disadvantages. Wealth churns from one group to another, with each power shift. Trying to live at the expense of everyone else is not just a game for the poor. Government, without constitutional limits, inevitably shifts wealth haphazardly from the politically powerless (the least organized) to the politically powerful (the best organized) — with always a cut for the bureaucracy and political insiders. Of course such a system must decline, at some point.
  3. Sub-standard standards. In too many domains of life, we’ve almost given up. Certainly folks in high places act quite low. And the people who control our money, for example, don’t even pretend to keep a stable supply, a “standard”; instead, they pride themselves on “keeping bubbles going” . . . making unsustainability our standard policy.

But Americans do have an advantage over our Old World friends and foes. We have a history of dedication to better principles. Our best bet for recovery? Return to them.

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense general freedom national politics & policies

The Same America

This episode was written immediately after the events of 9/11/01.

This is war. And on our shores. Thousands of American citizens murdered in cold blood. But despite our pain and suffering as a people, we are still strong. Not only militarily, but also in our love of freedom and our commitment to defend it come what may.

Some have argued that America will never be the same. In a sense that’s true: we’ll certainly never forget this savage and senseless attack. And we have much work to do to make certain it doesn’t happen again. But it’s important to be careful how we go about it.

In the wake of this unprecedented brutality, two out of three Americans say they would be willing to trade some civil liberties to get more security. But this is isn’t our real choice. Nothing about increasing our security requires abridging our civil rights. We don’t have to let the terrorists win, not in any respect. For these terrorists would like nothing better than to knock America off our foundation, our principles, the things that make us truly the greatest country the world has ever known. They hate our freedom. Let’s sustain that freedom. Let’s show the whole world: we are the same America.

The same America whose rifle shot for freedom was heard ’round the world in 1776, and is still being heard today. The same America that freed Europe from the Nazis and Asia from imperial Japan. Let it be known in the face of this terror today that we are indeed the same America, the land of the free and the home of the brave.

This is Common Sense. I’m Paul Jacob.

Publication of this and previous Common Sense commentaries is only possible through the generous financial support of readers like you. Please contribute today.