Charlie Hebdo: on “hate crimes” and blaming the victim

Political Correctness
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Few people outside of jihadist circles have any reaction besides horror and condemnation for the January 7th attacks on the offices of French satirical paper Charlie Hebdo in Paris, in which two masked gunmen shot and killed 12 people, including nine members of the magazine’s staff and two police officers. The horrific act sparked a nationwide manhunt that culminated today in the deaths of the two suspects, who were holed up with a hostage in a shop north of Paris. The two, who claimed to be trained by al-Qaeda, wished to become martyrs for their Islamist cause, and their wish was granted.

If the goal was to silence opponents of religious extremism (to “avenge” attacks upon the prophet Mohammed, as one of the gunmen stated), this was a senseless and ultimately futile act of murder; no sooner had news of the attack spread than media outlets were retransmitting many of the cartoons which Charlie Hebdo had published and allegedly so offended the perpetrators. But just as senseless were the reactions of some Westerners — even writers, whose livelihoods depend on free expression — who questioned the wisdom of Hebdo in publishing such provocative material in the first place. One stunning example came from Joyce Carol Oates, who wondered if the paper had indeed committed a “hate crime” (update: the tweet has since been deleted; you can view a screenshot here):

This is one of America’s most prolific writers and a recipient of numerous literary awards, someone who has not shied away from controversial subjects herself, and she believes it’s possible that writing or pictures could be considered a “hate crime.” Oates is not alone in this sentiment; one-third of Americans, and over half who identify as Democrats, favor hate crime legislation, including some forms of speech.

Let’s back up for a minute and consider the concept of a “hate crime.” This is a product of a politically-correct social climate which seeks to expunge unpopular thought by attributing to it the magical power of violating other people’s rights, which, for the purposes of so-called hate speech, must include the right not to be offended. Apparently, those who are affronted by rude commentary suddenly lose all agency and are unable to turn away from, or condemn with their own rhetoric, the mean things other people say about them or any group they identify with. It might even drive them to commit murder, and who’s to say their blind rage didn’t play a role? Charlie Hebdo’s editors should have known that their deliberate provocations of religious extremists would lead to their deaths. How irresponsible of them!

This is what is known as blaming the victim: finding them guilty to some degree for crimes committed against them by others. Imagine telling a rape victim that it’s terrible she was raped, but why on earth did she go out in public dressed like that? Some men just can’t control themselves! And this sort of shaming happens all too frequently to victims of sexual assault.

It shouldn’t happen to them, nor to victims of other crimes. But the politically-correct crowd in particular seems incapable of unreservedly condemning violence aimed at suppressing speech, if its victims don’t fit their favored ideological mold. There is little doubt that the content in Charlie Hebdo is often crass and confrontational. But that is precisely what satire has to be, if it’s to be successful. And it is simply not up for debate whether the cartoons and columns they published justified massacring the editorial staff. They didn’t. It is entirely possible, and indeed necessary, to defend Charlie Hebdo’s right to exist against violent thugs, even if one can’t endorse its content. To decry their material as “racist” or “Islamophobic” in the context of Wednesday’s shootings misses the point, and worse: it provides the enemies of reason and tolerance with the very ammunition they need to continue their bloody jihad.

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The martyrdom of Aaron Swartz

Anti-Statism, IP Law, Technology
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A little over a year ago, a 26-year-old programmer and activist was murdered. His name was Aaron Swartz, and although he was found hanged in his Brooklyn apartment, and his death ruled a suicide, there is little question whose hands are stained with his blood. He was pursued mercilessly by a bullying prosecutor with a long track record of ruining the lives of brilliant (and perhaps naive) young men who didn’t play by the state’s rules. And he was betrayed by an educational institution that once prided itself on not playing by the rules, either.

Those are some of the heartbreaking and infuriating insights from a story in this month’s edition of Boston magazine about Aaron Swartz’ arrest and indictment, his father Bob’s attempts to extricate his son from the legal mess, and the relentless pressure by federal prosecutors to make an example of him. The punishment they sought for Aaron was draconian even by the feds’ standards: 13 felony counts under the Computer Fraud and Abuse Act (CFAA), with a possible prison term of 35 years, and a $1 million fine. Bank robbers and terrorists have received more lenient sentences. But U. S. Attorney Carmen Ortiz declared that Swartz’ prosecution would serve as a warning to other “hackers” about “stealing” from computers.

Aaron SwartzWhat did Swartz “steal”, exactly? Nothing. He downloaded files from JSTOR, an online archive for academic journals. Swartz used the network at MIT, where his father served as an adviser, under its “open access” policy, which included its subscription to JSTOR. Swartz had long held the view that scientific research should be freely available and not locked away behind a paywall. This wasn’t even the first time Swartz had performed such a download; in 2008 he grabbed 2.7 million documents from PACER, a federal court document system that usually charged for such access, even though they were public records. That attracted the FBI’s attention, but they found Swartz had committed no crime.

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Ted Cruz mad at Obama for not throwing more pot users in cages

Anti-Statism, Drug Policy, Immigration, Vulgar Politics
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Senator Ted Cruz (R-Alberta Texas), a “Tea Party” Republican and ostensibly a champion of states’ rights, is unhappy with President Obama’s decision to not round up marijuana users in Washington and Colorado:

“A whole lot of folks now are talking about legalizing pot. The brownies you had this morning, provided by the state of Colorado,” he jokingly said during his keynote speech at Texas Public Policy Foundation’s Policy Orientation.

Oh Ted, what a knee-slapper!

“And you can make arguments on that issue,” Cruz continued. “You can make reasonable arguments on that issue. The president earlier this past year announced the Department of Justice is going to stop prosecuting certain drug crimes. Didn’t change the law.”

The problem, as Cruz sees it, isn’t just limited to Obama’s decision to not interfere with Washington’s and Colorado’s legalization of marijuana. The president is running the government like a “corrupt dictator” and only enforcing the laws that suit him. And perhaps Cruz has a point. But let’s look at a list of Cruz’ complaints:

Cruz is on solid ground when criticizing Obama’s unilateral delay of the ACA employer mandate. He simply doesn’t have the executive authority to make such a decision, as a lawsuit filed in October to block the delay argued. But it all falls apart when Cruz goes after Obama on immigration and drug policy.

For one, discretion in law enforcement is not the same thing as suspending a law. Prosecutors have always had substantial leeway in choosing which cases to pursue and what evidence to present, so Obama’s directives to immigration and Justice officials on relaxing deportation rules and drug offense indictments is not flouting the law but simply changing the enforcement strategy. This is not uncommon.

But more to the point, Cruz is attacking Obama for not strictly enforcing immoral laws. No government has moral authority to use violence against people, especially so when those people have violated no one’s rights. Smoking a plant and crossing imaginary political borders are crimes only because the state has declared them so. It’s blindingly clear that the federal government has no compelling interest in criminalizing drugs nor does it have a constitutional mandate to do so. And arguably it need not have jurisdiction over immigration enforcement — the constitution provides for federal authority over naturalization, or the laws and process by which one becomes a citizen. A states’ rights advocate, as Tea Party Republicans purport to be, might argue that border enforcement is the domain of border states.

Cruz seems to be repudiating both a cornerstone of the new Republican grassroots platform, and arguing for more federal infrastructure to maintain policies any true conservative should oppose. This is the sort of cognitive dissonance, not to mention rank hypocrisy, that keeps Republicans so woefully out of step with much of the nation.

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Economist in NYT: Abolish corporate income tax

(Austrian) Economics, Taxation
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From one of the more unlikely corners of the interwebs — the op-ed section of the New York Times — comes a call to abolish the corporate income tax:

The United States may well have the highest effective marginal corporate income tax rate of any developed country. Jack Mintz, a public finance economist and director of the School of Public Policy at the University of Calgary, puts the rate close to 35 percent, which is also the statutory rate. Other economists, using different techniques, calculate the marginal rate to be as low as 23 percent. But both figures are miles above zero.

They are also miles above our 13 percent average corporate income tax rate — the ratio of corporate taxes to total corporate profits. The fact that the marginal tax rate, whether 23 percent, 35 percent or somewhere in between, is so much larger than the average rate suggests that a sizable share of corporate profits and production is ending up overseas and untaxed.

Making, rather than just stating, this case requires constructing a large-scale computer simulation model of the United States economy as it interacts over time with other nations’ economies, and then seeing how the model reacts when you change the American corporate income tax. I’ve developed such a model with three colleagues through the Tax Analysis Center, a nonpartisan research group. Our findings make a very strong, worker-based case for corporate tax reform.

The author, economist Laurence Kotlikoff of Boston University, argues that eliminating the corporate income tax will produce “rapid and dramatic increases in American investment, output and real wages, making the tax cut self-financing to a significant extent.” It’s an idea even President Obama embraced, at least partially — in 2012, he proposed lowering the corporate income tax a few points. Kotlikoff’s plan is considerably more radical, although he also calls for raising personal income tax rates to make up any decrease in revenues, and taxing capital gains at the same rate as income, among other reforms. Elsewhere, Kotlikoff has proposed what he calls a “Common Sense Tax” plan, which assesses a 13% flat tax on payroll and a 25% tax on personal income above $100,000.

Nobody in the mainstream press ever seems to want to propose ideas to make government do a lot less of what it does now, and thereby reduce the need for taxation, period, let alone “reform”. But talking about lowering or eliminating taxes in the Newspaper of Record is still a pretty good step forward.

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Uber’s “surge pricing” again angers people who don’t understand economics

Business
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Uber, the car-service startup striking fear into city bureaucrats and taxi cartels everywhere, is catching flack from some New Year’s Eve revelers who discovered they were charged hundreds of dollars for a ride home:

…there were a ton of complaints on New Year’s Eve from customers caught by surprise by some hefty fares. In fact, if you look at Uber’s Twitter feed right now, it’s dominated by a series of apologies for the “sticker shock” it caused last night.

Meanwhile, several angry customers have been tweeting screenshots of their sky-high Uber fares. Some are as much as $350 for just a few miles, which was almost enough to get you a booze-filled evening at the Applebee’s in Times Square.

Uber surge pricing notice“Caught by surprise” is rather subjective, as Uber took great pains to warn users that surge pricing, its policy of multiplying fares during periods of high demand, would be in effect on New Year’s Eve. Furthermore, the Uber app requires users to acknowledge when surge pricing is in effect, even going so far as requiring manual input of the fare multiplier before hailing a car.

So whose fault is it that users were rung up for $350 car rides? Nobody’s, of course. Uber’s surge pricing policy is not only legal, but entirely fair and rational. Rapidly adjusting pricing to meet short periods of high demand helped ensure that cars were available to people who really wanted them. Anybody wishing to avoid high fares could find an all-night diner or someplace safe to relax until demand dropped and surge pricing was no longer in effect.

There’s another name for this practice, used by people who don’t like free markets: “price gouging”. Most commonly, this pejorative refers to rapidly increasing prices of essential supplies in the aftermath of a natural disaster. This is illegal in many states, and it’s easy for the media to demonize “gouging” when people have lost their homes and are looking for food, water, fuel, and shelter. Yet the principles which make it okay for Uber to raise fares so drunks can get home should apply to states of emergency as well. Price gouging, or surge pricing, helps ensure that resources are allocated as efficiently as possible. Preventing businesses from setting their own prices via threat of prosecution invariably leads to the kind of shortages that hamper relief efforts.

This also helps explain why taxicabs are virtually impossible to find on any big party night: their fares are regulated, set by the local taxi or public utilities commission, and neither companies nor drivers are free to raise prices when there’s high demand. Private car services like Uber, meanwhile, are unregulated, which is why you can always find someone to drive you home after the ball has dropped and the last bottle of champagne is drunk — if you’re willing to pay for it.

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