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:: The Rule of Reason ::

:: Thursday, May 31, 2012 ::

Objectivist Round Up - May 31, 2012 

:: Posted by Nicholas Provenzo at 9:29 AM

Welcome to the May 31, 2012 edition of the Objectivist Round-Up. This week presents insight and analyses written by authors who are animated by Objectivism, the philosophy of Ayn Rand. According to Ayn Rand:
My philosophy, in essence, is the concept of man as a heroic being, with his own happiness as the moral purpose of his life, with productive achievement as his noblest activity, and reason as his only absolute.

"About the Author," Atlas Shrugged, Appendix.
 So without any further delay (and in no particular order), here's this week's round-up:

John Drake presents 3 Keys to Picking a Career posted at Try Reason!, saying, "After giving students advice on picking careers for many years, I have discovered there are three key things to picking one that captures your passions but is also profitable. Values, strengths, and opportunities. Read more..."

Roberto B Sarrionandia presents Tories vs The Enlightenment posted at Roberto Sarrionandia, saying, "Why a British exam question on Judaism is not racist, and what is revealed about the premises of the government officials who think it is."

Diana Hsieh presents Defecting to North Korea posted at Philosophy in Action, saying, "The horrifying story of a man who convinced his family to defect to -- yes, to -- North Korea."

Rational Jenn presents The One About ATLOSCon 2012 posted at Rational Jenn, saying, "All about my ATLOSCon 2012 experience! What can I say? It was wonderful and fulfilling!"

Paul Hsieh presents Scherz and Fogoros on USPSTF posted at We Stand FIRM, saying, "Two nice discussions on why the government wants to clamp down on preventive medicine."

C.W. presents The Immediate Important Lesson From Europe posted at Krazy Economy, saying, "We can learn from Europe what not to do first to move toward capitalism."

Darius Cooper presents To teach posted at Practice Good Theory, saying, "To teach is to step into another man's thought,..."

Peter Cresswell presents A conclusive experiment with a crucial lesson for Christchurch [updated] posted at Not PC, saying, "NZ's earthquake-ridden city of Christchurch has been treated by government as a welfare case instead of opened up as an enterprise opportunity. The experience of two US cities after tornado damage helps illustrate how wrong this approach has been."

***

That concludes this edition of the round-up. Submit your blog article to the next edition of Objectivist round-up using our carnival submission form. Past posts and future hosts can be found on our blog carnival index page.

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:: Wednesday, May 30, 2012 ::

Watch What You Say: A Guide for Dhimmis 

:: Posted by Edward Cline at 8:51 PM

Feeling a need to humor myself, and casting about for a way to cock a snook at the Department of Homeland Security and The Transportation Security Administration (in German, Die Abteilung der Heimatland-Sicherheit, and Die Transport-Sicherheitsverwaltung, one click of the heels and raised right arm, palm down, required for pronunciation, if you can manage it) and strike a blow for freedom of speech and the First and Fourth Amendments, the DHS provided me with a salubrious vehicle. Cowboy Byte and other blog sites reported the grudging release by the DHS of its 39-page Analyst's Desktop Binder (2011) containing words employed anywhere on the Internet that should cause red flags and whistles and bells to awaken the glaze-eyed human monitors and alert over-heating computers to open that Binder and follow its instructions.

The list is pseudo-comprehensive, including obvious terms that would slap a monitor on the back of his head when they pop up, and numerous terms used millions of times every day by Internet users, so that one wonders why they were included, unless the monitors and computers are programmed to look for suspicious combinations of two or more of them in sneaky repetitions or recurrences. The DHS may as well have programmed the whole Oxford English Dictionary and the Cambridge Complete Works of Shakespeare.

"The keywords are included…in the Binder," notes Cowboy Byte, "which also instructs analysts to hunt down media reports that reflect poorly on the department."

And they're not even in alphabetical order. Very, very sly. Makes it difficult to follow.

"It doesn't include the keyword list used by Obama's gang of plumbers who troll the Net for negative stories, or the NSA, which represents a whole different set of eyes that are watching you."

Well, let's give that a try, and reflect" poorly on our very own We Never Sleep Detective Agency, and imagine the critical infrastructure of the average DHS monitor's mind when he's on the job. Words in italics are push-their-button terms, except for book titles and the like. But, then, you never know. The lexicon reputedly is incomplete.

As a new hire, our man probably went through several weeks of orientation with other recruits, and he might have innocently asked his instructor why the Koran was not listed the Desktop Binder. The guide hemmed and hawed in his best professorial manner, claiming that Islam was never considered an enemy, all the evidence to the contrary, but the question was secretly logged into the new hire's personnel file under "Possible Islamophobic Tendencies and Symptoms." Not an auspicious start of a career of snooping.

The guide's answer was also secretly entered into his own personnel file. After a brief review of his record by a permanent and anonymous committee of employee evaluation, he was subsequently and regretfully furloughed, and his security clearance rescinded. One of his new hire charges happened to have been working for Internal Affairs, a department charged with the task of policing trainers and training classes and just about everyone who worked for the DHS. Except for Internal Affairs personnel.

In the subterranean consciousness of rank-and-file snoops, Internal Affairs had a nickname, the Mutaween, or The Committee for the Promotion of Virtue and the Prevention of Crimethink, modeled, some said, after the Saudi Arabian religious police, although no one dared investigate and confirm the parallel, nor could they, for all references to Islam, Muslims, mosques, beards and burkas had been excised from DHS literature. "Rhymes with Halloween," whispered the lowly amongst themselves.

Our new monitor learned later that any blunt but incautious reference to Islam and Muslims within the confines of his job – and even during chitchat at the water cooler or in the break room or at the Starbucks down the street – was considered hazmat jibber-jabber and evidence of a radioactive mindset that would be closely monitored by his supervisor. He would come to realize that if he did not wish to be considered toxic by his colleagues, he'd better put his mind in permanent lockdown. The pay was too good and the benefits too fabulous for him to risk losing them over a slip of the tongue or an impulsive fillip of independent thought. How often had the orientation instructor emphasized that certain words were verboten, because they could cause episodes of intellectual contamination, acting as bacteria that could metastasize into a plague of epistemological Ebola, and render the DHS impotent to detect and counter terrorists of anonymous and un-named allegiances?

"Not to worry, however," the instructor had droned on. "The Center for Disease Control has had added to its purview a new task, per executive order, that of managing mental mitigation among the populace. It works closely with the Department of Education to reduce human-to-human ideational infections."

One day, after a week on the job, the new hire was taken to lunch at a very expensive restaurant on K Street, the Tuscany Bar and Grille, by a veteran analyst, ostensibly to compliment him on his alertness and the number of alarms the novice had sent his way with the click of a button and the swish of a mouse.

After Trish, the comely waitress had taken their orders and served them glasses of Chianti, the analyst smiled and said, "That last referral of yours I had to share with my colleagues upstairs. It was worth a chuckle. The dirty bombe was merely a dessert recipe a lady in New Haven had sent to a friend in Cannes, consisting of strawberry mousse and ice cream packed into a pound cake coated with dark chocolate Godiva sprinkles." The analyst laughed. "Hardly the ingredients for an explosion, except to one's waistline, But she called it her 'Bombe Sale,' or Dirty Bombe,' and we had her investigated anyway. There was nothing cryptic in her communication. Our computers also analyzed the text and found nothing threatening in it, and gave the email a pass."

"Sorry about that," said the novice, humbled, and forgetting to smile at the analyst's funny.

"No, no," assured the analyst. "Don't be sorry. It showed you know the drill." He paused. "By the way, I heard that the lobby scanners confiscated a few books you brought to work the other day. What was that one? Atlas Shrugged?" The veteran clucked his tongue and shook his head. "At your age, reading such subversive trash!"

The novice looked perplexed. "Know your enemy," he ventured. "That's been my motto."

"Well, there's a difference between knowing one's enemy, and denying he is one. Our job is to detect and foil terrorists of all stripes, especially intellectual terrorists, such as the author of that badly penned novel. Leave enemy designations to your superiors. Don't go wandering off on your own. There is a point where initiative becomes a vice."

"Sorry," answered the novice.

"Then there was that other book the screeners took," said the analyst, furling his brow. "The Satiric Verses?"

"Satanic Verses, sir," corrected the novice with a tone of polite deference.

"Yes, yes," acknowledged the analyst. "By that odd fellow, what is his name? Salmonella?"

"Salman Rushdie," said the novice.

"Oh, yes. Well, that show-offy writer offended our Muslim friends with that one. Brought it upon himself. No sympathy for him. I've heard it's a lousy novel, anyway." The analyst recited a list of books the novice was advised never to bring to his job. "That new one by Gertie Wildman, that Dutch fellow, or whatever his name is, Marked for Death. The man is a dangerous paranoid. Lives in an armored car, I've heard. The Federalist Papers. Anything by Jefferson, Madison, Adams, that ilk. You don't want people to think you're going high-hat on us. Leave that old stuff to the courts and eggheads. One Flew Over the Cuckoo's Nest -- irredeemably subversive. Cool Hand Luke, that Pearce novel, and the movie, too. Claims to be an allegory on modern American society, according to our authorities here, just chock full of anti-government speeches and the like."

The analyst studied the novice's stupefied expression. "Tell you what, son. I'll draw up a list of no-no's and send it down to you. The whole grid of things to stay away from. All you have to do is abstain from reading or watching any of it. You wouldn't want any of those things to spill over into your work, would you? People might think you were in some secret militia spying on us."

"Thank you," said the new hire.

"No problem. Always glad to help the new boy find his way through the labyrinth. Ah! Here are our Panini Supremes!" the analyst exclaimed as the waitress appeared with their orders.

Our novice monitor, over the following weeks, gained confidence in his snooping and detection skills, learning how to filter innocuously used terms and forward the emails containing them to specific analysts, who specialized in various usages. A little quadrant of his gray cells, however, did wonder why, when most of the news concerning terrorist attacks invariably involved Muslims – he did, after all, watch TV news and read "safe" newspapers such as The New York Times and The Washington Post – the terms "Muslim," "mosque," "Iran," "Afghanistan," "Pakistan," "Saudi Arabia," "iman," "mullah," "Syria," "CAIR," "MPAC," "MSA," "ISNA," "ICNA," and many other Islam-associated terms were not to be found in the Binder of All Knowledge and Threat Level Usages. But he cordoned off that quadrant of curiosity, refusing to allow it to cloud his performance or breach his commitment to national preparedness and domestic security. Homeland security trumped all definitions of common sense and required the most stringent enforcement.

He took special pride in forwarding to his analyst friend an email sent by a university medical researcher to a neurologist in private practice complaining that FDA regulations and delays inhibited pharmaceutical development of drugs that would not become treatment resistant in countless patients, and that when Obamacare went into full effect, medical and pharmaceutical research would come to a halt. It was obviously an undisguised criticism of government policies, and the email suggested to the monitor the existence of a cabal of such people in all medical professions, a veritable conspiracy to incite a coordinated black out of medical services across the country.

He learned a week later that the purloined email led to the arrest by a special military SWAT team of the researcher and neurologist, who were incarcerated without charge indefinitely by the authority of a law passed by Congress a year before. Thus the monitor's first commendation was entered into his personnel file. Over lunch one day again at the Tuscany Bar and Grille with the analyst, after they had ordered, he queried: "Was there a conspiracy?"

"Probably," answered the analyst, "Whether or not there is or was, is irrelevant. We cannot tolerate resistance in any form. Not any kind of organized crime. Extraordinary threats justify extraordinary powers, to protect the Homeland, which, in the final analysis, is us. You and me, and all our colleagues. The Homeland isn't just the country, you see. It includes the state. You mustn't distinguish between them."

"I'm learning not to," answered the monitor eagerly. Still, a little comma of memory tickled the cordoned-off quadrant of his mind. He seemed to remember – and quite reluctantly – reading about historical figures who had uttered words similar to what the analyst had just explained: Bismarck, Mussolini, Hitler, Lenin, Stalin, and others. But that reading was done long, long ago in grade school. He hoped his mother had gotten rid of those books, they were an embarrassment and possibly a liability. "I'm learning to get my mind right," he added, not realizing that submitting to authority was a subject of Cool Hand Luke, the book and the movie, because he had not read the book, nor watched the movie.

But the analyst, who had done both as part of his own training, and had tasted much more of the forbidden culture than he would ever confess to his protégé, smiled mysteriously and said, "Admirable effort, my friend. I see that you are trying not to remain a hostage to your youthful expectations."

Just then the waiter appeared with the analyst's Chicken Verduta Flatbread and the monitor's Risotta and Insalata. He gracelessly set the plates in front of the customers. The analyst frowned and looked up at the waiter, a large, bearded fellow with a swarthy complexion and an inscrutable visage. His white tunic seemed about to burst from his weight.

"Say," ventured the annoyed analyst, "where's Trish, our usual server? Is she off today?"

The waiter smiled. "She is off. She had an accident with a box cutter. She is resting in the kitchen, with all the others." Then he reached inside his tunic, and, as he pressed a button, shouted, "Allahu Akbar!"

Only then did the analyst and his protégé notice that all the waiters were in the crowded, elegantly appointed dining room, standing erect among all the occupied tables, and were all reaching inside their tunics and shouting the unfamiliar malediction in chorus with the analyst's server. The analyst had just enough time to turn and see another waiter in the outdoor café, before he and his friend were blinded by a flash that turned them both into something resembling cooked calamari and tomato sauce.

The Washington Post, the next day, however, blamed the unfortunate incident, which claimed seventy-five lives (mostly federal employees, not counting the restaurant staff of fifteen), on a dispute between the restaurant owner, the Service Employees International Union, and a renegade splinter group of Occupy Wall Street.

End of story.

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:: Tuesday, May 22, 2012 ::

Sticks and Stones 

:: Posted by Edward Cline at 10:32 PM

Sticks and stones may break my bones, goes the adage, but names will never hurt me.

The new adage, tailored for our age, goes:

Sticks and stones may break my bones, and names, insults, derogatory remarks, denigrations, defamations, "hate" crimes, "bias intimidations," rude or indecent gestures, mockery, satire in textual print or imagery, disrespect, lifestyle harassment, bullying, and other verbal, visual, and non-violent actions, attempts at passive victimization and gross insensitivities that tend or are calculated to hurt, depress, humiliate, or shame me, and otherwise offend my self-esteem and rightful dignity, compromise my privacy, and diminish my standing in the eyes of my fellow creatures – may be grounds for civil and/or criminal suits.

Sticks and stones may be used in the commission of an actual felony, as well as guns, knives, one's fists, or any other physical object. But an evolving complement of new chargeable felonies, often appended to legitimate ones, is growing, and if not challenged, will reach a "critical mass" in law that will stifle all realms of speech. These new "felonies" are "hate crimes." A new subset of them is "bias intimidation."

In "The Peril of 'Hate Crimes'" I noted:

…[T]he why of a crime is increasingly treated as though it were a weapon, such as a gun, a knife, or a club. In standard criminal cases, however, it has never been the instrument of crime that was on trial, but the defendant and his actions.

Proponents of hate crime have attempted to find a compromise between objectivity in criminal law and the notion that a felon should also be punished for what caused him to commit the crime. But no such compromise is feasible if objective law is to be preserved and justice served. The irrational element – that is, making thought, however irrational or ugly it may be, a crime – has suborned the rational. No compromise between good and evil is lasting or practical. Evil will always come out the victor.

It did not take long for the corrupting notion of hate crimes to degenerate into thought crime. This is what happens when reason is declared irrelevant or is abandoned or diluted by the irrational.

It used to be that a criminal was sentenced for his crime, and if the crime was committed from some form of prejudice, the court's and jury's afterthought was usually: And, by the way, your motives are contemptible and despicable.

Appended now to a guilty verdict for the murder of an individual because of his race, gender "orientation," religion, or political affiliation, is another verdict: You had no right to think that way, so we are adding five years to your sentence and adding X amount to your monetary penalty.

"Bias intimidation" played a role in the conviction and sentencing of Dharun Ravi, the Rutgers freshman whose webcam spying allegedly drove roommate Tyler Clementi to commit suicide. The New York Times reported in March;

The jury in the trial of a former Rutgers University student accused of invading his roommate’s privacy by using a webcam to watch him in an intimate encounter began deliberations on Wednesday and asked the judge to define two crucial terms.

Jurors asked Judge Glenn Berman of Superior Court in Middlesex County to restate the definition of “intimidate,” as well as of the word “purpose,” as it related to the bias intimidation count.

The judge ruled that the defendant, Dharun Ravi, could be found guilty of bias intimidation only if he was also found guilty of the first charge, invasion of privacy. And he told the jury that the roommate, Tyler Clementi, would have been the victim of bias intimidation if he had been made to feel fear. [Italics mine.]

“A person is guilty of the crime of bias intimidation,” Judge Berman said, “if he commits an offense with the purpose to intimidate an individual because of sexual orientation.”

Mr. Ravi is charged with 15 counts, including bias intimidation, invasion of privacy and tampering with evidence. Prosecutors say he encouraged friends to view a feed from his webcam that showed Mr. Clementi with another man. Mr. Clementi committed suicide shortly afterward, in September 2010.

And the denouement of this drama on May 21st, as reported by the Times:

The jury found that he did not intend to intimidate Mr. Clementi the first night he turned on the webcam to watch. But the jury concluded that Mr. Clementi had reason to believe he had been targeted because he was gay, and in one charge, the jury found that Mr. Ravi had known Mr. Clementi would feel intimidated by his actions.

On May 21, Mr. Ravi was sentenced to a 30-day jail term. He had faced up to 10 years in prison. He was also was sentenced to three years’ probation, 300 hours of community service, counseling about cyberbullying and alternate lifestyles and a $10,000 probation fee.

USA Today provided a few more details of the sentencing by Superior Court Judge Glenn Berman:

While Ravi wasn't charged in connection with his death, he was convicted of 15 counts, including two second-degree bias intimidation charges that carry a presumption of jail time. Ravi also was convicted of a second-degree hindering charge.

Judge Glenn Berman ordered Ravi, 20, to report to the Middlesex County Adult Correction Center on May 31.

Ravi must pay a fine and costs of more than $11,000 -- $10,000 of which will go to an agency that assists victims of bias crimes. Berman also ordered three years probation and 300 hours of community service.[Italics mine.]

USA Today included an important update, a point of Ravi's defense which the jury apparently ignored:

Ravi's defense team is making the case for an acquittal of the charges, saying Ravi did not know the effect his behavior would have on Clementi.

The unstated premise behind the whole trial was that Ravi had driven Clementi to commit suicide. And it is doubtful, highly doubtful, that Ravi's intentions were more than just exposing Clementi to adolescent ridicule. As a new college roommate, he barely knew Clementi. He could not know how "sensitive" he might have been to exposure, mockery, or to an invasion of his privacy. Ravi, then 18 years old, could not have known, even had he been 50 years old with a lifetime of experience behind him, what Clementi might have done as a result of his webcam spying which he shared with others.

Notice that the term bias intimidation is synonymous with bias crime. Whatever it is called, in New Jersey, the "crime" garners a presumption of jail time.

The larger picture is the introduction of the notion, not only of "hate crime," but of an appended but invalid felony charge that may accompany the charge of a validly defined felony. The question is – and it may be a moot question by this time – is how soon mere bias intimidation will be treated as synonymous with hate crime? How soon will individuals be taken to court and charged with it alone, without the excuse of having committed an actual felony?

Salman Rushdie, who surely knows something about the consequences of "defaming" a religion and its central icon, as well as having "insulted" or "offended" the feelings of Muslims, wrote in The New Yorker:

The creative act requires not only freedom but also this assumption of freedom. If the creative artist worries if he will still be free tomorrow, then he will not be free today. If he is afraid of the consequences of his choice of subject or of his manner of treatment of it, then his choices will not be determined by his talent, but by fear. If we are not confident of our freedom, then we are not free.

Dharun Ravi is not a writer, or an artist. But if a writer or artist experiences the fear of what might happen if he allowed his creativity full rein, then he will not create anything but what has been approved by the million censors of protected classes, who could just as easily file suit against him and see him sentenced to a new Gulag, or just financially ruined. Fear of censorship shuts down the mind and sends it on the main traveled roads of the average, the unexceptional, the bland, the expected. Fear of censorship smothers thought, and makes freedom of expression of all but the mediocre impossible and a cruel taunt.

Let's examine the court's, the jury's, and the law's a priori assumptions, assumptions on which they acted. An a priori assumption is one that is knowable without further need to prove or experience. It just "is." . Clementi was gay. Ergo, Ravi's actions were anti-gay, or biased against gays, or in this instance, against Tyler Clementi because he was gay.

First, note that gays are now becoming a new "protected class," as surely as the Council on American-Islamic Relations, the ICNA, the Muslim Public Affairs Council, and other Hamas-linked "civil rights" groups are working to make Muslims and Islam a protected class, and with some success, especially in our judiciary, and most importantly in regards to what one may say about Muslims and Islam. .

As there is a legitimate distinction between premeditated and aggravated assault – premeditated meaning that a defendant meant to assault the victim, and his motive not being on trial, and aggravated meaning that the victim expected or apprehended physical assault or battery – will our courts now accept as a legitimate charge premeditated bias intimidation? Will a defendant be arraigned and indicted for aggravated bias intimidation?

If a legitimately defined felony can be deemed an action taken with malice aforethought, will writing satirically (or even seriously) about Islam, or gays, or badly dressed people, or obese people, or even about the disabled, be some day treated as malicious and biased intimidation, because the feelings of the subjects were hurt, or because the words instilled unprovable but asserted fear in them?

The emotional states of a felon and his victim are essentially immaterial when judging a crime. The contents of their thoughts are likewise not proper subjects for criminal justice. I could sit here and plot how to rob my bank, especially because I didn’t like the way a teller treated me the other day, but I could not be charged with any crime unless I acted on my thoughts (or my piqued sense of hurt and mistreatment). It is the action that would count, not my motive. Dr. Laina Farhat-Holzman, in her article "Is There a Legal Problem with “Hate Crimes?” emphasizes this point:

The definition of "hate crime" is one of those overkill legislative initiatives with unforeseen consequences. It is noble to recognize that some people commit crimes out of hate, but a murder is a murder, and this should be enough.

How can we possibly know a criminal's inner thoughts (his hatred for his victim); furthermore, even if we can know this for certain, what difference does it make to the victim? The hatred of the murderer should only reflect upon the ultimate sentencing: premeditated and aggravated murder.

While a defendant's emotional or even considered "bias" or "hate" may be demonstrated and proven, it should have nothing to do with the criminal charge at hand. It is the criminal action that should be the subject, and the defendant punished for having taken the action. Murder is murder. Assault is assault. Robbery is robbery. The reason why a person commits a crime, or rather his motive, should not be "punishable" and within the aegis of criminal law. The law can decree that men stop thinking, or emoting, or forming opinions, but cannot enforce the decree. It is only fear of government and/or mob reprisals that may cause their minds to sputter to a halt, and die.

Little horrors, such as Judge Glenn Berman putting Dharun Ravi on probation for his "bias crime," have a way of trickling up to greater realms of human action because they remain unchallenged. There are many forces at work in this country to obviate the substance and meaning of the First Amendment. These range from the outright thuggery of an OWS-linked assault on restaurant patrons, to the concerted campaign by Islamic supremacists to outlaw criticism of Islam, to a confused judiciary that is losing sight of individual rights and replacing them with collective rights.

Salman Rushdie has to date escaped the sticks and stones of the Iranian fatwa on his life, but is certainly right about the miasma of fear and political correctness that stifles and smothers freedom of expression.

Little horrors like "bias intimidation" can and will contribute to a greater, incremental, and totalitarian horror.

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» Objectivist Round Up - May 31, 2012
» Watch What You Say: A Guide for Dhimmis
» Sticks and Stones
» Facebook Founder Flees Fleecing
» Alias Marx and Alinsky
» Objectivist Round Up - May 10, 2012
» The Peril of "Hate Crimes"
» Your Mild-Mannered Speech Therapist: Cass Sunstein...
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