Suppose you are trying to run a business. The laws of one state and the conduct of the union there make it difficult, so you open a plant elsewhere. This way, you can supply your customers without risk of a strike.

It seems like the sensible thing to do: Ensure that you can reliably deliver your product. But according to Hot Air, the National Labor Relations Board is trying to stop Boeing from opening its new plant — because considering the risk of a strike made its move an act on “anti-union animus.”

Which suggests that there is good reason for anti-union animus.

Frequently bought together:

  • This item: Digital Safe Box for Home & Office — Steel Contruction $34.99
  • Fast Weigh MS-500-BLK Digital Pocket Scale, 500 by 0.1 G by American Weigh $8.80
  • 500 CLEAR Reclosable Zipper Bag. 2” x 2” – 2 mil thick by Apple/ZipLine $4.95

From Amazon. H/T Kirk McNeil.

For the record, I’m just guessing about the explanation. Happy 4/20!

Liberty is among the greatest values ever discovered. It is the open door of human flourishing, and once you appreciate that, you want it. Once you recognize that liberty is a condition of a fully human life, you feel infringements of your liberty as wounds to your life — and just as a wound to your arm is more your concern than a wound to my arm, a restraint on your liberty places a greater demand on your attention than a restraint on mine.

In The Disaster of “Me” Libertarianism, James Peron seems to miss this basic point. In the essay, he rails against libertarians who focus on liberty as it applies to them, and particularly against middle-aged, straight, white male libertarians who focus on liberty as it applies to middle-aged, straight, white, males.

Mr. Peron is right that libertarians should be aware of how the principles of liberty apply in other people’s lives as well as their own. And he is quite right to point out that past “golden ages” when the freest people were freer were generally periods when some portion of the population was far more oppressed than anyone is now; we ought to be quite shocked if anyone suggests that an age of slavery was an era of great freedom, even if the people who were freest at the time had legal rights that should have been extended to all but instead were taken from even those who had them.

Nevertheless, from the perspective of any given person, the liberty that is most important, like the life that is most important, is his own. Even among laws that restrict us both the same way, a law that prohibits something you want to do and I do not, impinges on your life more than on mine: for example, those who enjoy marijuana must either give up a form of recreation they like or risk being imprisoned, whereas my recreational choices are not affected by pot prohibition because I have no desire to get high. So if you want to smoke pot, you probably care more about that particular aspect of liberty than I do. Even though we are both equally unfree with respect to smoking pot, the lack of freedom affects your life in a way it does not affect mine.

And the same applies where the law divides us into classes. Minors are deprived of their rights to a greater extent than any group of Americans except the inmates of prisons, jails, and psychiatric hospitals. Every lover of freedom ought to recognize that this is outrageous. But the feeling of outrage is quite properly felt most strongly by those who are thus denied their rights, and after them by those who have personal ties to them (especially minors other than their own children, since much of the control over a minor’s life of which he is deprived is given to his parents). If a minor does not feel the outrage, I would speculate that it is either because he does not recognize that he has the same moral rights as his elders or because his relationship with his parents is such that the restrictions that bind him because of his age rarely chafe.

The reason each person’s liberty is more important to him than anyone else’s is rooted in the nature of value. Value is relational: A value is valuable to, or valued by, a valuer. While things can be objectively valuable — and liberty is! — this does not mean they are valuable without being valuable to someone; it means that the person or people for whom they are valuable have objective reason to value them. That objective reason is rooted in the needs of the valuers’ lives. (See Ayn Rand, The Objectivist Ethics.)

Because liberty is objectively valuable for all humans, a point on which I assume libertarians agree (if they believe in objective value at all) and therefore which I will not defend here, everyone has a reason to value his or her own liberty. The mere fact that liberty is valuable to you, however, no more gives me reason to secure your liberty than that food is valuable to you gives me reason to gives me reason to feed you. In both cases, something needs to be added to tie my interests to yours.

Sometimes, of course, that’s easy: If you’re my friend, I have a general interest in you (and you in me) that warrants looking out for you if I can. But from any given person’s perspective, most people are strangers.

Why then care? There are a number of reasons; I’ll discuss two important categories.

First, strangers can be valuable as potential acquaintances and because of the indirect effects they have on one’s life. If you are free to flourish, you may produce ideas, goods and services that may prove valuable to me. Perhaps we will trade with each other. For that matter, perhaps we will become friends. And even if we never interact directly, your production is likely to have some positive effect on me; for example, you may invent a product I will use. (See David Kelley, Unrugged Individualism.)

Second, if we live in the same political society, the laws and governing processes that govern you also govern me. In some cases, then, there may be no distinction between protecting your freedom and protecting mine: the same government action would impinge the same way on both of us. In other cases, it may be important for me to stand with you because the principle behind a government action that directly harms you and not me would also be likely to support actions harmful to me (and perhaps not you).

This latter is a mode of reasoning that was quite familiar to the Founding Fathers; indeed, the Revolution was largely driven by the recognition that if you accept a government action based on a bad principle because it does not directly affect you or does not affect you too badly, you are liable to find yourself the victim of a different application of the same principle. The tax to which the original tea party responded was not an especially high tax: It was objectionable because it had been laid by Parliament for the purpose of raising revenue, and if Parliament’s authority to levy such taxes were accepted, then (since Americans were not represented in Parliament) there would be no way to stop Parliament from imposing very high taxes on Americans, destroying us in order to protect MPs’ constituents from the burdens of taxation. Likewise, the other 12 colonies rallied around Massachusetts when Britain closed the port of Boston because if Britain could do that to Massachusetts, it could attack any other colony’s economy the same way.

The concept of liberty applies to all people and a vast variety of actions, and it is when we judge our laws by the standard of liberty that the liberty of each of us is most secure. Even if I have no desire to smoke pot, even if I believe (and even if I am right) that smoking pot is objectively morally wrong, if I support rights-violating laws when they do not impede a choice I wish to make, I undermine the political principle on which I need to rely when some aspect of freedom that matters in my own life is at stake. If I want to be free, I must object not only to laws that infringe on my freedom in ways that affect the choices I make, but also to laws that deny me the freedom to do things I would not do anyway and to laws that violate the rights of others and not mine.

Thus each of us has a stake in the liberty of everyone else. Men have an interest in the liberty of women, and women in that of men; straight people in the liberty of gay people, and gay people in that of straight people; et cetera. We even have an interest in the liberty of those who oppose our interests and our freedom, because if there is no right to advocate bad ideas, there is no intellectual freedom. We have these interests because we have an interest in liberty as a principle, and we have an interest in liberty as a principle because it is essential to our own ability to live a flourishing life.

And yet the stake each has in the liberty of others is at one remove from the stake each of us has in his own freedom, and the stake you have in your own freedom to do what you would not do anyway is less than your stake in the freedom to do what you would do. Indeed, it is your own need of your own freedom that, much more clearly and directly than the benefits you derive from others’ flourishing, grounds your interest in a principle of liberty that applies to all.

The unity of the concept of liberty means that libertarians should not disagree on political issues merely because of their traits (other than intellectual ones). But it does not mean that different libertarians may not properly have different priorities because different violations of liberty affect them differently. Every libertarian should draw political energy from the particular need he or she has for the value of liberty.

Rep. Jason Chaffetz has introduced a bill to require the TSA to get parental consent in most cases before patting down a minor, The Washington Post reports.

The bill is a nice gesture, but nearly meaningless in practice. The legal theory on which the TSA operates is that by entering the screening area, you consent to whatever search they want to do on you, so the TSA might actually interpret this bill as imposing literally no additional restraint. Even if it doesn’t go that far (or if the courts don’t let it), the TSA is likely to insist that if a child, or his parent on his behalf, opts out of the pornoscan, and the parent does not consent to the pat-down, the child will not be allowed to board the plane. So the child will probably only be protected in those cases where the parent is willing to forfeit the child’s, and probably the whole family’s, plane tickets. And sadly, I suspect very few parents will be willing.

Of course, from the TSA’s perspective, it has to give parents that ultimatum: Otherwise, minors will be used in terrorism (whether as innocents with dangerous devices planted on them, or as terrorists themselves), and their parents will refuse to have them “properly” screened. It has to do this because its whole operation is based on the premise that anything dangerous must be caught at screening, and that it is therefore justified in requiring the surrender of physical privacy as a condition of travel.

These premises must be rejected. As I have argued (sorry, the original site no longer has it), and as Cato’s Gene Healy argues, the TSA’s methods are fundamentally contrary to the character of a free people. Routine subjection to an authority figure’s arbitrary control develops a submissive character, rather than the vigorously independent character a free citizen ought to have.

Of course, the fact that Rep. Chaffetz’s bill provides for parental consent rather than the consent of the individual whose dignity is involved makes it an even poorer protector of human dignity than it would otherwise be. Just as being sexually molested by your father is probably worse than being sexually molested by a stranger, because of his wide-ranging power and because of the element of betrayal, being groped by the TSA on your parent’s authority may also be worse than being groped by the TSA on only the agency’s own authority. Without this bill, your parent might take your side, even though there’s nothing he can do about it. With the bill, your parent may be forced to choose between protecting you and forfeiting his vacation — and considering that parents are already choosing vacation over protecting their kids by going to the airport in the first place despite the risk of a groping, he may well make the same choice when he’s faced with a groping that’s about to happen instead of one that’s merely an unlikely possibility.

The Department of Education’s recent letter on sexual harassment and sexual assault, which attacks the rights of accused students, says 20 percent of college women are sexually assaulted (or victims of attempted sexual assault). But Cathy Young at the Manhattan Institute calls this figure into question:

However, a close look at the CSA Study’s findings raises some serious questions about its reliability.  First of all, the vast majority of the incidents it uncovered involved what the study termed “incapacitation” by alcohol (or, rarely, drugs): 14 percent of female respondents reported such an experience while in college, compared to six percent who reported sexual assault by physical force.
Yet the question measuring incapacitation was framed ambiguously enough that it could have netted many “gray area” cases: “Has someone had sexual contact with you when you were unable to provide consent or stop what was happening because you were passed out, drugged, drunk, incapacitated, or asleep?”  Does “unable to provide consent or stop” refer to actual incapacitation – given as only one option in the question – or impaired judgment?  An alleged assailant would be unlikely to get a break by claiming he was unable to stop because he was drunk.
Not surprisingly, three-quarters of the female students in this category did not label their experience as rape.  (Even when penetration was involved, only 37 percent of the women the study classified as victims of rape by incapacitation believed they had been raped.)  Two-thirds said they did not report the incident to the authorities because they didn’t think it was serious enough.  Interestingly, only two percent reported having suffered emotional or psychological injury – a figure so low that the authors felt compelled to include a footnote asserting that the actual incidence of such trauma was undoubtedly far higher.
As previously noted, a former Education Department lawyer has pointed out errors in the letter’s analysis of the law.

CNN says:

Don’t like the way airport screeners are doing their job? You might not want to complain too much while standing in line.

Arrogant complaining about airport security is one indicator Transportation Security Administration officers consider when looking for possible criminals and terrorists, CNN has learned exclusively. And, when combined with other behavioral indicators, it could result in a traveler facing additional scrutiny.

Three responses:

First, it seems outrageous that any expression of disapproval of any government activity could lead to harsh treatment by government. The right to speak freely about government is essential to liberty, republican government, and our Constitution, and to subject a person to harsh treatment in response to political speech smacks of punishment for political speech, which is about as blatantly as government can attack those high values.

But my second response has to be more measured. Remember that this harsh treatment consists of a search, a means of gaining information. And there is apparently some evidence (at least one incident, which to the TSA was enough to justify requiring everyone to go shoeless) that arrogant and contemptuous criticism of security is associated with being a terrorist. So if the TSA, no more illogically than is normal for it, thinks this kind of criticism is reason to look more closely at a person — if the agency is genuinely motivated by suspicion, and not by a desire to show who’s boss — then, well, this isn’t much worse than the rest of what the TSA does, at least if it sticks carefully to the sort of criticism it has (however poor) reason to associate with terrorism, and not to mere protest.

Of course, my third response is that the TSA is a disgrace from the top down. We can expect this indicator to be abused by TSA agents looking to show dominance over free citizens, for the simple reason that TSA agents have a lot of power and very little to restrain them. The whole screening process is an insult to the idea of liberty under law, and to the Fourth Amendment. The TSA ought to be disbanded.

Glenn Greenwald offers a list of cases in which the Obama Administration has opted not to prosecute the well-connected. (Salon)

A psychiatrist warns that J. Crew designer Jenna Lyons’ ad of herself and her son — “Lucky for me, I ended up with a boy whose favorite color is pink. Toenail painting is way more fun in neon” — is a dangerous subversion of his identity as a male. Jon Stewart reviews media commentary on the ad quite amusingly, but has such a poor grip on the issues involved that he doesn’t see the difference between the designer’s actions and those of a pro fighter who painted his toenails: The fighter’s masculine identity is quite well-established, presumably to himself and also to his audience, whereas the picture’s audience presumably does not know the boy to have well-established masculine character — and, being 5 years old, he is very likely to be at a much earlier stage in shaping his personal character than the pro fighter. My own concern is largely that he, and under the influence of the ideology the ad promotes, other boys, will be discouraged from forming an idea of what it is to be a man, and thus from pursuing manliness.

On April 2, Heather Marie Hollingsworth posted a question evidently addressed to her Facebook friends. Her profile is quite private, so I don’t know how many she has, but Facebook’s limit is 5,000. The question was:

Cleaning out my friends list in the next few days… Do you wanna stay?

As of today, 11 days later, 3,278,745 people have said they want to stay.

Three million, two hundred seventy-eight thousand, seven hundred and forty-five people want to stay on this woman’s friends list. Seven thousand people got in their requests while I was writing this post. Most of them presumably have no idea who she is; surely they are not all her friends on Facebook, let alone in real life. But since Facebook Questions are open to the world, anyone whose friend answered the question may have seen it and answered.

How’s that for social networking?

The drinking age should be lowered to 18, argues law professor Glenn Reynolds in The Wall Street Journal.

Alcohol may be bad for one’s memory of explicit information, but good for subconsciously learning and forming habits, says neurobiologist Hitoshi Morikawa. (Science Daily)

© 2010 Flourishing Now Suffusion theme by Sayontan Sinha