Sunday, September 26, 2010

Advocate Censorship on a Forum I Frequent? Expect Something Like This:

From this thread.

Alright, so a bunch of points have been made throughout the debate on free speech and where its limits ought lie. I'll ignore the barrage of personal attacks between Kenny and the censorship apologists as irrelevant. Let's talk substance.

First, I'll note that Nitish cited the popular "Shouting 'FIRE!'" exception to free speech. Likewise, Kenny mentioned the "Clear and present danger" exception. Both of these ideas come from the same despicable Supreme Court case, Schenck v. United States. This case ruled that the U.S. government had the authority to arrest anti-war protesters because their speech could hamper the war effort. Yet it could be just as plausibly argued that American involvement in the war posed a clear and present danger and that the anti-war activists, in the words of Christopher Hitchens, "were the real firefighters, shouting fire when there really was a fire in a very crowded theater indeed." So, if this precedent were current, banning Quran burnings would be constitutional. Thankfully, that precedent was overturned by Brandenburg v. Ohio, which barred the government from restricting speech unless that speech is both intended to incite and likely to incite imminent lawless action. While speech offensive to Islam is likely to incite lawless action, incitement is not the intent, and thus the speech is constitutionally protected by current precedent.

Nitesh wrote:
A possible future danger? It's already happened. It is happening. It will continue to happen. Aren't we in a "War against Terrorism" right now? How would burning a holy book not create clear and present danger?

Yes, inflammatory anti-Islamic speech does provoke terrorism. But if this logic were applied to stop the anti-Islamic violence of the American government, those negative impacts of anti-Islamic speech would be greatly diminished. Do Al Qaeda and other terrorist groups use the fact that individual Westerners burn Qurans or cartoon Mohammed as their primary recruiting tool? No, those grievances are secondary to the fact that the United States government cluster bombs Yemen, increases the use of drone strikes which kill civilians, kills Iraqi civilians even after "combat operations" are over, asserts the power to execute a Muslim American cleric without pressing charges against him, denies Muslim victims of torture the right to sue, funds an Israeli government which used white phosphorus to burn Muslim civilians alive, etc. No matter how much anti-Muslim speech you stop, the West will remain the target of terrorism unless you stop Western governments from initiating anti-Muslim violence. Giving our government more power to regulate speech will be used to interfere with those of us arguing against this violence. Indeed, even with the Bill of Rights untouched by those who would protect Muslims from being offended, the FBI just last week raided the homes of anti-war activists.


Marianne wrote:
Hate speech laws in the United Kingdom are found in several statutes. Expressions of hatred toward someone on account of that person's colour, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation is forbidden. Any communication which is threatening, abusive or insulting, and is intended to harass, alarm, or distress someone is forbidden.The penalties for hate speech include fines, imprisonment, or both.

The UK's weak protections on free speech have not been used to facilitate mature discussions, but rather to prevent mature discussions by allowing one side to fine or imprison, rather than refuting, their opponents. Let's look at a few examples. From Wikipedia, indeed the same entry she quoted:

On 13 October 2001, Harry Hammond, an evangelist, was arrested and charged under section 5 of the Public Order Act (1986) because he had displayed to people in Bournemouth a large sign bearing the words "Jesus Gives Peace, Jesus is Alive, Stop Immorality, Stop Homosexuality, Stop Lesbianism, Jesus is Lord". In April 2002, a magistrate convicted Hammond, fined him £300, and ordered him to pay costs of £395.

Now, you might think that being queer identified I might find this result satisfying, but I don't. How are we to have a "mature discussion" of whether my sexual preferences and others like mine are sins if my opponents can be arrested and fined for expressing their views? Furthermore, incidents like these provide homophobes with argumentative ammunition. One red herring brought by homophobes is that recognition of queer civil rights leads to the persecution of Christians, and incidents like this support that conclusion.

On 4 March 2010, a jury returned a verdict of guilty against Harry Taylor, who was charged under Part 4A of the Public Order Act 1986. Taylor was charged because he left anti-religious cartoons in the prayer-room of Liverpool's John Lennon Airport on three occasions in 2008. The airport chaplain, who was insulted, offended, and alarmed by the cartoons, called the police.[11][12][13] On 23 April 2010, Judge Charles James of Liverpool Crown Court sentenced Taylor to a six-month term of imprisonment suspended for two years, made him subject to a five-year Anti-Social Behaviour Order (ASBO) (which bans him from carrying religiously offensive material in a public place), ordered him to perform 100 hours of unpaid work, and ordered him to pay £250 costs. Taylor was convicted of similar offences in 2006.[14]

So, in the UK I could be fined, imprisoned, and barred from publicly possessing certain literature and images simply for rudely expressing my view of a faith, even if it's a faith which says I deserve to be tortured for my opinions, sexual orientation, and gender identity. As you might say across the pond, that is bollocks.

The UK's weak protections for free speech have stamped out even mature and non-inflammatory debates. Specifically I refer to the litigation friendly libel laws. Such laws permitted the British Chiropractic Association to sue the excellent popular science author Simon Singh for correctly debunking pseudoscientific claims they had made. Admittedly, Singh eventually won, but only after enlisting the support of most of the British and American scientific and skeptical communities while losing plenty of money on legal fees and tons of time he could have spent writing.

Yours in free speech even for assholes,
QuantumTuba

Sunday, September 5, 2010

The Curse of Political Dogmatism

"The world is far too lovely a place to walk through it along a party line." -Bill Kauffman

As someone who is active as both a libertarian and a radical leftist, I have encountered my fair share of political dogmatists. Rather than honestly engaging their ideological opponents, they seem steadfastly convinced that the opposing party is either morally repugnant, intellectually vacuous, or both. To many of my comrades on the left, libertarians are selfish sociopaths and anyone ever influenced by Ayn Rand has zero moral credibility. This is not to say my libertarian allies are necessarily more tolerant. A common sentiment, especially among voluntaryists and anarcho-capitalists, is that anyone who supports any sort of statism is supporting the initiation of force, and is therefore not merely wrong but evil.

Such petty partisanship risks dooming our movements to the epistemic closure which plagues the mainstream American right. Seemingly immune to facts, right wingers pontificate about the evils of liberalism, progressivism, Marxism, and socialism. The truth or falsehood of statements comes second to whether those statements fit a particular conservative orthodoxy, an orthodoxy confirmed through the echo chambers of talk radio and FOX News, while contrary information is seen as mere propaganda either from the "radical left" or the "liberal media."

But even if we don't sink to such intellectual lows, leftists and libertarians both rob themselves of key insights if they refuse to look outside their inner circles.

What do leftists stand to lose if we demonize libertarians and "the right"? Well, anti-war activists find many allies among paleoconservatives, particularly Ron Paul, who popularized the concept of "blowback" in his 2008 presidential campaign. More paleoconservative anti-war commentary may be found in The American Conservative magazine. When we wish to discuss police militarization and the disgusting, often racist violence of the drug war, we would be foolish to ignore the work of Radley Balko. The fact that he began his research on police misconduct at the Cato Institute and continues it at Reason Magazine, both libertarian outfits funded by Koch Industries, does not detract from his insights one iota. Any opponent of corporate power would be well served by reading Timothy Carney, a free market libertarian who primarily writes about government collusion with big business. Even those who are clearly our opponents can provide useful material. For instance, Ayn Rand was in many respects my antithesis, as she loved big business, defended misogyny and homophobia, supported imperialism, and denigrated anarchists, leftists, and libertarians. But her notion of the anti-concept, a cognitive package deal which conflates distinct ideas under one definition to obscure thought, is incredibly useful to understanding political language, even if you disagree with the examples she gives. Likewise, her critique of "states' rights" is excellent for addressing the theocratic tendencies of paleoconservatives, and I can't count how often I have quoted her defenses of individual rights and rational ethics when I debate homophobes. Some leftists may never expose themselves to the quality libertarian, Objectivist, and conservative writings I just referenced. Instead, they'll buy into straw men, perceiving libertarians and conservatives as merely bigots, selfish curmudgeons, and apologists for the status quo.  And they'll have fewer allies and fewer strong arguments as a result.

Libertarians would lose just as immensely if they refused the intellectual output of the left. It's no accident that Lew Rockwell, easily one of the leaders of the libertarian movement, has referred to Howard Zinn, a known socialist, as among his favorite historians. Zinn's skepticism of war and the state exudes from every essay and book he has written. Like radical libertarians, he has some choice words for the war crimes of historical sacred cows such as FDR and Abraham Lincoln. Left wing activists like Jeremy Scahill, Cindy Sheehan, Glenn Greenwald, Naomi Wolf, and Amy Goodman have popularity in some libertarian circles for this same style of principled opposition to the growing national security state. But even leftist writing which libertarians may find harder to stomach often contains points that are quite useful for expanding liberty. Noam Chomsky's attacks on free market economics primarily consist of pointing out the prevalence of protectionism and corporate welfare under capitalism, and can thus be valuable reading for those who wish to genuinely free markets. Similarly, despite its smears against free market economists, Naomi Klein's "The Shock Doctrine" describes some very real cases of authoritarian corporatism masquerading as free market privatization. Furthermore, Klein's documentary "The Take" shows worker cooperatives that are far more libertarian than capitalist firms ever have been.  Tim Wise may be often condescending and hostile towards libertarians, but his writings on racial privilege can help us counter the inequities that result from a history of enslavement and state assaults on people of color. And don't let Marxism automatically turn you off. The influence of Marx makes Rosa Luxemburg's case for free speech no less powerful, it makes Angela Davis's critique of the prison system no less valid, and it makes Paulo Freire's arguments for critical pedagogy no less eloquent.

Why does it matter that we pursue the truth without regard for these ideological boundaries? Because, to quote Freire, "apart from inquiry, apart from praxis, individuals cannot be truly human. Knowledge emerges only through invention and re-invention, through the restless, impatient, continuing, hopeful inquiry human beings pursue in the world, with the world, and with each other."

Tuesday, August 10, 2010

Two Challenges for NOM

The National Organization Against for Marriage, an activist group founded by religious leaders to oppose gay marriage, has been busy revealing their own hypocrisy lately, as usual. However, like all hypocrites, they have the opportunity to reach intellectual consistency, and so I will present two challenges to NOM.

1. I challenge NOM to condemn those who want myself and my fellow queers killed, beaten, or imprisoned.

Brian Brown and other leaders of NOM often express disdain for gay rights rhetoric about "hate." When we protest their rallies, or their favorite Californian Proposition, and use this word, they insist that we are smearing them. You see, they harbor no hatred towards homosexuals and other members of the queer alphabet soup (LGBTQQTAI...), not at all. Rather, they strongly disagree with us on a political issue. They believe that marriage, specifically heterosexual marriage, is a sacred institution, and thus it must be granted special recognition by the state which gay marriages must not receive. Now, ignoring that this position is wrong on many levels, it does not in itself imply hatred towards homosexuals.

However, regardless of whether NOM's leaders hate us, many of their allies in the religious right unambiguously hate us, to the point of wishing violence upon us. For instance, the following is a sign wishing death upon gay couples which a supporter brought to a NOM rally in Indianapolis. Freedom to Marry has a petition requesting that NOM repudiate such rhetoric.


Such violent fantasies and rhetoric are commonplace in the world of the religious right. For instance, this post at the libertarian blog Classically Liberal begins by describing a police raid on a gay bar in Fort Worth, Texas. In that raid, officers engaged in needless, superfluous violence against patrons, and in response, "The Fort Worth city council decided that the time had arrived to have a police liaison officer who works with the gay community to prevent these sorts of abusive actions." However, some Christians didn't like the idea of police making an effort to avoid bigoted beatings and privacy violations.

One minister, Richard Clough, claimed that the the media and gays conspired and "distorted the facts of what happened the night of the Rainbow Lounge to promote the homosexual agenda." Ah, those clever gays. See how they get police to come in, beat them up, and then use that to promote their devious agenda. That is a really bizarre theory but one befitting the man's theology. Consider that he believes Jesus was god, that he planned to come to earth and die, and that he got some nasty people (Jews and/or Romans depending on who you believe) to torture and kill him, so that he could forgive the sins of the world. Similar in a way as both theories contend the victim had an ulterior motive and manipulated the attack to their own ends. I just never figured out why a god, who is all powerful, didn't have the power to forgive sins without all that torture and killing going on.

One news account says the fundamentalists claimed the city "didn't take their Christian beliefs into account."

Wrap your mind around that for a minute? The police aggressively and unnecessarily raid a gay bar and start hurting people in the process. To help prevent such future incidents a police officer is assigned as a liaison to the gay and lesbian community. And this somehow violates the "Christian beliefs" of these bat-shit crazed fundamentalists. What beliefs were ignored here?

Are they saying that their belief is that gay people should be beaten by police officers? Are they saying that basic civil rights of gay people should be ignored simply because they are gay? What are they saying?

What Christian doctrine is at stake here? When it comes to Christian doctrine I think of things like the virgin birth, atonement, resurrection, the trinity, etc. Apparently there is a Christian doctrine that applies to police pushing around gay people. And since these fundamentalists are complaining about measures to stop such activities I have to assume that the doctrine they think exists is one requiring violence against gay people.

About 100 of these people turned out to protest measures to end violence against gay people.

Such hateful attitudes must be condemned by the National Organization for Marriage if I am to take them seriously when they say they don't hate us. Likewise, the Texas Republican Party's desire to reinstate sodomy laws, in effect incarcerating queers for consensual sex, must be condemned. When a preacher like Rick Warren compares us with pedophiles, such statements should be condemned.

And until the National Organization for Marriage comes out against such violent, bigoted, anti-freedom rhetoric, I will not be able to take them seriously when they say hatred is not among their motivations.

2. I challenge NOM to support the total privatization of marriage.

In a recent op-ed for SFGate.com, Maggie Gallagher of the National Organization for Marriage refers to gay marriage as "a government takeover of an institution the government did not make, cannot in justice redefine, and ought to respect and protect as essential to the common good."

Now, if government did not make marriage, why in the name of Jesus (In his name I pray, peace be upon him, Amen, etc., etc.), does government need to be involved in the marriage business at all? If government takeover of marriage is so dastardly, why should government have any role in marriage other than enforcing contracts made between private individuals in a free market? If government "cannot in good justice redefine" marriage, how is it just for a ballot initiative to exist with the explicit purpose of defining marriage? How is it just for state and federal governments to grant thousands of benefits to legally married couples, rather than leaving marriage benefits at the discretion of churches, employers, and other non-governmental entities?

Furthermore, Gallagher writes "The majority of Americans are not bigots or haters for supporting the commonsense view that marriage is the union of husband and wife." If this is both a majority view and a common sense view, why does it need the endorsement of the state to remain a social norm? Why can't conservatives like Gallagher let that free market they claim to love so much apply to marriage? As Glenn Greenwald writes in his piece Marriage and the Role of the State, a response to Ross Douthat:

the mere fact that the State does not use the mandates of law to enforce Principle X does not preclude Principle X from being advocated or even prevailing. Conversely, the fact that the State recognizes the right of an individual to choose to engage in Act Y does not mean Act Y will be accepted as equal. There are all sorts of things secular law permits which society nonetheless condemns. Engaging in racist speech is a fundamental right but widely scorned. The State is constitutionally required to maintain full neutrality with regard to the relative merits of the various religious sects (and with regard to the question of religion v. non-religion), but certain religions are nonetheless widely respected while others -- along with atheism -- are stigmatized and marginalized. Numerous behaviors which secular law permits -- excessive drinking, adultery, cigarette smoking, inter-faith and inter-racial marriages, homosexual sex -- are viewed negatively by large portions of the population.

Greenwald compellingly continues:

But if the arguments for the objective superiority of heterosexual monogamy are as apparent and compelling as Douthat seems to think, they ought not need the secular thumb pressing on the scale in favor of their view. Individuals on their own will come to see the rightness of Douthat's views on such matters -- or will be persuaded by the religious institutions and societal mores which teach the same thing -- and, attracted by its "distinctive and remarkable" virtues, will opt for a life of heterosexual monogamy. Why does Douthat need the State -- secular law -- to help him in this cause?

If Maggie Gallagher and her colleagues at the National Organization for Marriage genuinely believe in freedom of religion and oppose government takeovers of marriage, they should support its total separation from the state. In such a climate, churches like the LDS Church and the Catholic Church could exclusively recognize heterosexual marriages and churches like the Quakers and Episcopelians could recognize both gay and straight marriages. Partnership benefits could be offered at the discretion of individual employers and insurers, rather than mandated by the state.

If the National Organization for Marriage believes in the intrinsic superiority of heterosexual marriage, they should have enough faith to let it thrive in a free market rather than demand special protections from the state. And no, Brian Brown, telling me "marriage isn't a salad bar" will not be sufficient to revoke this challenge.

Saturday, July 31, 2010

The Dangerous Deification of Voting

From the time Americans begin school,they are taught that their civic duty is to vote. The message is reiterated in every public school social studies course, and amplified further once you take civics or government. Outside of school the same message continues to reverberate. At concerts you encounter Headcount, working to register others to vote. Tune into comedian Craig Ferguson, and you just might find him excoriating nonvoters as "morons." And when presidential elections happen, you would think that important events ceased to occur, as the media drops everything to focus on every word and scandal surrounding the leading candidates. The message is not that electoral politics is one way to influence the policies of your government, but that it is the way to influence the policies of your government.

Recently I have seen this attitude illustrated on both sides of the aisle. Paul Krugman wrote in his New York Times op-ed column: "Just to be clear, progressives would be foolish to sit out this election: Mr. Obama may not be the politician of their dreams, but his enemies are definitely the stuff of their nightmares." From an admittedly far less influential right wing figure, a friend of a friend on Facebook who claims to be a "freedom lover" wrote of neocon airhead Sarah Palin, "I would pick her over Romney in a heart-beat. Other than Ron Paul and maybe Christie, who is there for 2012?" And just yesterday I saw it on the left again, with an Obama supporter brushing aside my list of Obama's war crimes and civil liberties violations on the grounds that Republicans are worse.

These figures of the left and right strike me as obsessed with which flavor of corporatist warmonger holds power, and unfortunately, the attitude that this is all politics is leads most people to either embrace the partisan pursuit of power or become utterly apathetic and inactive.

But most of the great achievements in our country's history have been made through non-electoral means. The era of Jim Crow did not end because some Democrats were elected, it ended because of civil disobedience, boycotts, sit ins, and court cases such as Brown v. Board of Education. Women won the vote through the courageous civil disobedience and demonstrations of the suffragettes. Women have choice on abortion not because of Democratic lawmakers, but the Supreme Court's ruling in Roe v. Wade. And the relevant public opinion change that made that ruling possible was again not a result of elections, but the activism of the likes of Moses Harman and Margaret Sanger, who were often jailed for their "obscene" writings on birth control.

It's these non-electoral approaches which have the potential to solve the most pressing problems identified by the left and the right (Although I will ignore the cultural right's concerns with "moral values" and immigration, as I deem these non-issues).

Having just insulted the right, I suppose I should address their legitimate concerns first, and why I feel they can solve them through non-electoral methods. Let's talk free markets. Property rights are under assault in this country. Licensing laws, regulations, and other bureaucratic red tape make it difficult to run a business, particularly a small business. So, should we vote Republican? Certainly not if your goal is economic freedom. Even most conservatives today acknowledge the government expanding nature of the Bush Administration. But what about Ronald Reagan, the hero of the limited government right? The website of The Ludwig von Mises Institute, a free market think tank, has several articles documenting the protectionism, deficit spending, regulations, and other big government policies that belied Reagan's free market rhetoric. My two favorites are Murray Rothbard's The Myths of Reaganomics and Sheldon Richman's The Sad Legacy of Ronald Reagan. But Democrats don't even pretend to support free markets. So what can be done?

Some of the best advocacy of economic liberty is currently being done by The Institute for Justice, a libertarian public interest law firm. They file lawsuits challenging the constitutionality of superfluous licensing laws (Seriously, why the fuck should you need a license to be a florist, train yoga teachers, perform cosmetology [even if your type of cosmetic work is never dealt with in the licensing process], repair computers, or call yourself an interior designer, just to name a few). They fight for property rights in cases of eminent domain abuse, and while they lost the infamous case Kelo v. City of New London, the awareness they've brought to the issue through their Castle Coalition has led to meaningful reforms, as explained in this video. Other economic liberty cases fought by the Institute for Justice may be found here.

Another concern frequently brought up by the right wing is the threat campaign finance law poses to free speech. Contrary to the opinions of some of my fellow leftists, such laws do pose a very real problem, as left wing blogger Glenn Greenwald explained here. But the 2008 Republican candidate for president, John McCain, was a co-sponsor and has his name in the title of the most infamous campaign finance law. How were these laws changed on a national level? Through the masterful arguments of attorneys like Ted Olsen and Floyd Abrams before the Supreme Court in the case Citizens United v. Federal Election Commission, as well as briefs by groups like the Institute for Justice, the ACLU, and the Cato Institute in that same case. And who challenged (And continue to challenge) local threats to free speech from campaign regulations? Again, public interest legal groups like the ACLU and the Institute for Justice.

Another very legitimate right wing concern (Which many on the left care about too) involves politically correct universities squelching the academic marketplace of ideas through unconstitutional speech codes. The only people solving this problem are the civil liberties activists at FIRE, the Foundation for Individual Rights in Education. In addition to litigation they draw awareness to these issues through a YouTube channel and a Speech Code of the Month award.

While right wingers do have other legitimate concerns, it's time to talk to my allies: The left. Comrades, we agree on a hell of a lot. Whether it's war, classism, corporatism, immigration, queer rights, misogyny, the prison system, racial privilege, or the Bush administration's abuses of power, I'm probably left of you.

So, let's talk the war crimes and power grabs that characterized the Bush administration. Have Barack Obama or the Democratic Congress reversed the tide on this? Hardly. The Democratic Congress has re-approved the PATRIOT Act, granted immunity to telecom companies for spying for the government without a warrant, continuously renewed funding for the futile wars in Iraq and Afghanistan, and amended FISA to weaken privacy rights. Barack Obama now claims the authority to assassinate an American citizen with no legal due process, his Justice Department has won him the power to detain people without even minimal habeas corpus protection, and he has increased the use of drone bombing campaigns, even in countries on which we have not declared war.

What are the non-electoral methods for dealing with this dire despotism and senseless violence? The bravest among us may choose to follow in the footsteps of Henry David Thoreau, who refused to pay taxes in protest of the Mexican American War. But for those who prefer a route less guaranteed to lead to incarceration, there are still many solid options. The ACLU and the lesser known Center for Constitutional Rights (CCR) have filed lawsuits addressing most of the worst civil liberties abuses started under Bush and expanded under Obama. Most of what we now know about the brutal Bush torture programs comes from documents released due to FOIA (Freedom of Information Act) requests filed by the ACLU. On the other hand, Barack Obama has sought to block the release of such information. The other major force against war crimes and related human rights abuses is Wikileaks, a website which analyzes and releases classified information from governments, corporations, and church hierarchies, and protects the whistleblowers who provide the documents. Two leaks which have catapulted the site into the public eye are the Collateral Murder video, and over 90,000 pages of documents known as the Afghan War Diary. Both leaks reveal the brutal, cruel, counterproductive, and often criminal nature of U.S. wars abroad. Both contradict a narrative of American Exceptionalism which has been propped up through secrecy, censorship, and propaganda. So, of course, the United States government wishes to destroy Wikileaks. A classified document detailing this desire and plans to bring it about on the part of U.S. intelligence was released by Wikileaks in March 2010. Bradley Manning is currently being prosecuted by the United States government for allegedly leaking the Collateral Murder video and other classified information to Wikileaks. Why does Wikileaks arouse such fear, loathing, and action on the part of the military industrial complex? Because, like the ACLU and CCR, they do more to counter the America's imperial hubris than any politician ever would. And unlike those civil liberties law firms, Wikileaks can't be stopped by courts.

Another key left wing issue, and one which hits me closest to home, concerns LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer [or Questioning]) rights and equality. While the Democratic Congress passed the Matthew Shepard Act, adding sexual orientation and gender identity to hate crimes law, some queer activists rightly ask whether hate crimes laws work and whether any principled leftist can respond to a problem by granting more power to our racist, classist criminal justice system. The two greatest queer victories on a national level have happened in, you guessed it, the courts. Both the Defense of Marriage Act and California's Proposition 8 have been found unconstitutional this year. And on a local level, positive change often comes from outside government entirely. In my own state of Utah, the moralistic Mormon majority has not stopped the Utah Pride Center from making this a better place for queers. The Center runs an LGBT youth center, where young adults whose identities are often reviled by their parents and communities can truly be themselves. Support groups abound, including for identities often misunderstood and feared even in the LGBT community, such as transgender individuals. One Pride Center group, TransAction, engages in activism for Utah's trans community. One event I found particularly inspiring was our pool party and barbecue. For obvious reasons, many transpeople are uncomfortable using pools and locker rooms. At this event, I saw one transwoman swim for her first time in about a decade. The importance of organizations like the Utah Pride Center is obvious: They allow often marginalized queer individuals to function among like minded people, and be treated as full fledged human beings rather than second class citizens and freaks. This certainly beats occasional pandering by politicians.

In just about every other case of bigotry the non-electoral approach continues to prove its superiority. Feminism and African American civil rights were briefly discussed at the beginning of this post, but what about the rights of Latin Americans, and undocumented immigrants in particular. In spite of all the hullabaloo surrounding Obama's plan for immigration reform and opposition to Arizona's SB1070, deportations have increased under Obama. The real groups fighting for the rights of Latin Americans and immigrants are grassroots organizations like the Brown Berets, United Farm Workers' Union, Alta Arizona, and (Yes, I'm sure by now I sound like a broken record) the ACLU.

Another key issue for the left is corporate power. But the mainstream progressive reforms tend to support corporate interests. The corporatism of health care reform has been thoroughly documented by Glenn Greenwald in articles like this. Timothy Carney's column provides some of the best analysis of the corporatist nature of progressive legislation around today. In addition to fighting anti-competitive regulations as the Institute for Justice does, one can bring awareness to often secret corporate misconduct, as Wikileaks does, or lead workplace activism, as the radical union Industrial Workers of the World does.

The best ideas of the left are predicated upon the fight against violence and hierarchy, and thus cannot be achieved by voting particular leaders into an intrinsically hierarchic and violent organization. The best ideas of the right are built upon principles of individualism and emergent economic order, and thus cannot be realized by voting different leadership into a centrally planned collectivist institution. In order for the best ideas across the political spectrum to realize their true potential, they must realize electoral politics for the distraction it is and focus their energies in real, meaningful activism.

Friday, July 23, 2010

Kyriarchy All Up in This Bitch Good Movements

Many left libertarians, particularly of the feminist variety, use the term kyriarchy as an umbrella term denoting intersecting structures of domination and power. For instance, I spend a lot of my time critiquing the kyriarchy that results from an intersection of statism, militarism, nationalism, transphobia, ageism, ableism, homophobia, misogyny, puritanism, racism, corporatism, class divisions, and other such phenomena.

Well, lately I've been noticing that one of the main problems with kyriarchy is that specific liberation movements end up plagued with many structures of domination.

One great example is this article by Courtney Desiree Morris, describing gender violence in radical left and anti-racist movements, and how this enables state violence against such movements. The entire article is well worth reading, but I'll post a few key excerpts below.

To save our movements, we need to come to terms with the connections between gender violence, male privilege, and the strategies that informants (and people who just act like them) use to destabilize radical movements. Time and again heterosexual men in radical movements have been allowed to assert their privilege and subordinate others. Despite all that we say to the contrary, the fact is that radical social movements and organizations in the United States have refused to seriously address gender violence [1] as a threat to the survival of our struggles. We’ve treated misogyny, homophobia, and heterosexism as lesser evils—secondary issues—that will eventually take care of themselves or fade into the background once the “real” issues—racism, the police, class inequality, U.S. wars of aggression—are resolved. There are serious consequences for choosing ignorance. Misogyny and homophobia are central to the reproduction of violence in radical activist communities. Scratch a misogynist and you’ll find a homophobe. Scratch a little deeper and you might find the makings of a future informant (or someone who just destabilizes movements like informants do).


Then, she provides an insightful historical perspective in which to ground discussion of gender violence in leftist and anti-racist movements.

Reflecting on the radical organizations and social movements of the 1960s and 1970s provides an important historical context for this discussion. Memoirs by women who were actively involved in these struggles reveal the pervasiveness of tolerance (and in some cases advocacy) of gender violence. Angela Davis, Assata Shakur, and Elaine Brown, each at different points in their experiences organizing with the Black Panther Party (BPP), cited sexism and the exploitation of women (and their organizing labor) in the BPP as one of their primary reasons for either leaving the group (in the cases of Brown and Shakur) or refusing to ever formally join (in Davis’s case). Although women were often expected to make significant personal sacrifices to support the movement, when women found themselves victimized by male comrades there was no support for them or channels to seek redress. Whether it was BPP organizers ignoring the fact that Eldridge Cleaver beat his wife, noted activist Kathleen Cleaver, men coercing women into sex, or just men treating women organizers as subordinated sexual playthings, the BPP and similar organizations tended not to take seriously the corrosive effects of gender violence on liberation struggle. In many ways, Elaine Brown’s autobiography, A Taste of Power: A Black Woman’s Story, has gone the furthest in laying bare the ugly realities of misogyny in the movement and the various ways in which both men and women reproduced and reinforced male privilege and gender violence in these organizations. Her experience as the only woman to ever lead the BPP did not exempt her from the brutal misogyny of the organization. She recounts being assaulted by various male comrades (including Huey Newton) as well as being beaten and terrorized by Eldridge Cleaver, who threatened to “bury her in Algeria” during a delegation to China. Her biography demonstrates more explicitly than either Davis’s or Shakur’s how the masculinist posturing of the BPP (and by extension many radical organizations at the time) created a culture of violence and misogyny that ultimately proved to be the organization’s undoing.

These narratives demystify the legacy of gender violence of the very organizations that many of us look up to. They demonstrate how misogyny was normalized in these spaces, dismissed as “personal” or not as important as the more serious struggles against racism or class inequality. Gender violence has historically been deeply entrenched in the political practices of the Left and constituted one of the greatest (if largely unacknowledged) threats to the survival of these organizations. However, if we pay attention to the work of Davis, Shakur, Brown, and others, we can avoid the mistakes of the past and create different kinds of political community.


And of course, on these matters racial privilege ends up plaguing even explicitly anti-racist movements.

Race further complicates the ways in which gender violence unfolds in our communities. In “Looking for Common Ground: Relief Work in Post-Katrina New Orleans as an American Parable of Race and Gender Violence,” Rachel Luft explores the disturbing pattern of sexual assault against white female volunteers by white male volunteers doing rebuilding work in the Upper Ninth Ward in 2006. She points out how Common Ground failed to address white men’s assaults on their co-organizers and instead shifted the blame to the surrounding Black community, warning white women activists that they needed to be careful because New Orleans was a dangerous place. Ultimately it proved easier to criminalize Black men from the neighborhood than to acknowledge that white women and transgender organizers were most likely to be assaulted by white men they worked with. In one case, a white male volunteer was turned over to the police only after he sexually assaulted at least three women in one week. The privilege that white men enjoyed in Common Ground, an organization ostensibly committed to racial justice, meant that they could be violent toward women and queer activists, enact destructive behaviors that undermined the organization’s work, and know that the movement would not hold them accountable in the same way that it did Black men in the community where they worked.


But then awareness of the racial privilege can end up turning into a form of rape apologism when the violence is committed by men of color.

We often worry about reproducing particular kinds of racist violence that disproportionately target men of color. We are understandably loath to call the police, involve the state in any way, or place men of color at the mercy of a historically racist criminal (in)justice system; yet our communities (political and otherwise) often do not step up to demand justice on our behalf. We don’t feel comfortable talking to therapists who just reaffirm stereotypes about how fucked-up and exceptionally violent our home communities are. The Left often offers even less support. Our victimization is unfortunate, problematic, but ultimately less important to “the work” than the men of all races who reproduce gender violence in our communities.


Of course, the problem isn't just in anti-racist movements. Sexual liberation movements have been plagued with problems of perpetuating kyriarchy for years. As a privileged white male, I'm relatively ignorant of racism in these movements, but here's the Wiki on racism in the LGBT community for your perusal and privilege checking. However, I have noted various sex and gender issues that plague our communities and movements.

Take, for instance, transphobia. Among lesbian feminists, particularly in the 1980's, transphobia has been rampant. Janice Raymond even published a book called The Transsexual Empire in which she argued that transwomen were infiltrating feminism, and even compared them to rapists. Transgender rights activist Patrick Califia writes in his book Sex Changes that back when he identified as a lesbian he participated in witch hunt style behaviors regarding transwomen. Even when not displaying this sort of outright hostility, the overall LGB(t?) movement has often pushed transgender concerns under the rug. We are often so interested in issues like marriage equality and convincing straight people that "we're just like you," that we push things deemed harder to normalize, such as deviations from gender norms, out of the spotlight. Well, maybe it's that I'm genderqueer and quite a few of my friends are outright trans, but these issues are just as important, if not more, than marriage. Sidestepping the rights of an entire segment of our community is not pragmatic, it's callous and simply entrenches transphobia.

Bisexuals and pansexuals often face a similar stigma within the queer community. For people who experience attraction pretty much exclusively to one gender, those of us who can lust and love across the gender spectrum seem like an anomaly. So, many people brand self proclaimed bisexuals and pansexuals "closet cases" who refuse to admit that they're gay. Bisexual females are often suspected of simply being straight girls claiming bisexuality for experimentation and to appear sexy (the sad part is that many straight girls do this, breaking lesbian hearts and giving honest bisexuals a bad name). Bisexual males are often deemed suspicious for STD's, and have even been suspected not to exist. Elena of Women's Glib wrote a great post on these issues, albeit not specifically as they apply within the queer community, fairly recently.

Another problem that I've seen in our community is the pervasive nature of slut shaming. Now, my thoughts regarding the slut/stud dichotomy and judgmental attitudes towards sex in general are made clear in this video and in my founding of the Facebook page Rational people against puritanical and misogynistic "slut" shaming. I have never encountered a community completely free of this sort of sexual prescriptivism, however. Even when I'm with far left, or godless, or queer, or feminist, or even blatantly sex positive friends, I occasionally encounter some variant upon this sexual taboo, this dichotomous judgment.

Now of course, this post is far from an exhaustive discussion of how bigotry pervades movements that seek to fight it, how kyriarchy's branches entangle themselves in groups that seek to kill aspects of it. Hell, I haven't even mentioned how reformist wings of most movements seek to simply moderate the police and prison system's attitudes towards groups, while I think police power, and indeed the power of the state itself, is oppressive regardless of inequities. But one post cataloging every example of such unfortunate kyriarchal structures in movements is both impossible and unnecessary.

Because the real task belongs to each of us involved in such movements and communities. As we work together to fight oppression in society as a whole, we need to take a serious look at oppression that happens in the corners that are already "ours." And then, as Gandhi said, "we must be the change we want to see in the world."

Sunday, July 18, 2010

Striking the Roots of Racism

Several days ago I had a fascinating conversation with a good friend regarding the origins of racism and the optimal methods for ameliorating its impact. The following post is largely based on that conversation, but also draws heavily from my study of such anti-racist thinkers as Tim Wise, Arthur Silber, and Cornel West.

Due to the human tendency towards "in group" and "out group" thinking, just about every human is to an extent racist. This does not mean they hate people based upon race, or that they harbor any ideological racism. But they do hold some emotional bias. This unconscious, unintentional racism has been confirmed by studies. As they say on Avenue Q, "everyone's a little bit racist," even far left, anti-racist bloggers like me.

And so, if we're all racists, whites make up the majority of our population, and whites are conferred with greater power than blacks thanks to years of slavery and Jim Crow, economic inequities between races should not be surprising. It should disturb you that a study by economists at MIT and the University of Chicago found that resumes with "white" sounding names were 50% more likely than the same resumes with "black" sounding names to lead to call backs for interviews. But it should not surprise you. It likewise should not be surprising that when minimum wage laws decrease the amount of people businesses can profitably employ, blacks are the ones hurt most (And in fact whites are often helped). But it should certainly give you pause.

Power of course only exacerbates the problem, particularly power involving authorization to use legal force, break the law with nearly guaranteed impunity, and imprison individuals. Yes, breaking news from the department of "Fucking obvious, but unremarked upon by respectable politicians": The criminal justice system is really racist. Michelle Jones thoroughly documents this in The New Jim Crow, specifically focusing on the war on drugs and the mass incarceration state to which it contributes. A few damning facts she points out include:

*There are more African Americans under correctional control today—in prison or jail, on probation or parole—than were enslaved in 1850, a decade before the Civil War began.

*As of 2004, more African American men were disenfranchised (due to felon disenfranchisement laws) than in 1870, the year the Fifteenth Amendment was ratified, prohibiting laws that explicitly deny the right to vote on the basis of race.

* A black child born today is less likely to be raised by both parents than a black child born during slavery. The recent disintegration of the African American family is due in large part to the mass imprisonment of black fathers.

*If you take into account prisoners, a large majority of African American men in some urban areas have been labeled felons for life. (In the Chicago area, the figure is nearly 80%.) These men are part of a growing undercaste—not class, caste—permanently relegated, by law, to a second-class status. They can be denied the right to vote, automatically excluded from juries, and legally discriminated against in employment, housing, access to education, and public benefits, much as their grandparents and great-grandparents were during the Jim Crow era.


But there's a problem with all these facts: Humans want to consider ourselves and the things we love good and moral, and in our society, racism is deemed the height of evil. So we resort to denial. Admit to racism? It's hard to save face with that confession. Unpack the invisible knapsack of privilege? We might no longer feel we earned all we have.

And so, the white establishment must smear those who challenge their delusional vision of a fair and equitable America. Why, accusing white people of racism? These "civil rights activists" must be racist! Conservative firebrand David Horowitz wrote an entire book based on this premise titled hating whitey.

Similarly, employment difficulties of blacks must be denied. The truly skilled white privilege denialist will here play the victim, noting affirmative action programs as a form of "reverse racism."

The most illustrative example of the vehemence of our racial denial is the debacle surrounding Jeremiah Wright. Many politicians on both sides of the aisle are connected to preachers who compare my LGBTQ friends and I to pedophiles or who wish death upon us. Billy Graham had connections to multiple presidential administrations and had a repeated record of explicit racism against blacks. Yet when Reverend Wright told the reality, albeit in an incendiary manner, of American imperialism, war crimes, and racial oppression, that was too much.

And so the denial permeates our political spectrum. Even that radical socialist Barack Obama, known for his "deep seated hatred for white people", operates on the factually dubious assumption of a post-racial America. His most famous line of oratory hinges upon this PC delusion: "There's not a black America and a white America and Latino America and Asian America; there's the United States of America." As Arthur Silber wrote yesterday on this matter:

Second, and of equal significance, is the fact -- acknowledged by almost no one, and certainly not by good liberals and progressives -- that Obama himself is a notably vicious racist: "All this means that it is Obama himself who has adopted the white racist framework. Yes, I repeat that: Obama has adopted the white racist framework with regard to every issue of importance."

This is true because Obama denies the truth of American history in some of its most essential aspects and fully embraces the myth of American exceptionalism -- which is a myth of white American exceptionalism. It is also true because Obama has intentionally adopted more particular racist tropes, such as the myth of "irresponsible" black fathers. (And follow some of the many links provided near the beginning of this article for much more on this topic.)

Please don't say Obama can't be a racist because he's black, or half-black, or however the hell you want to describe it. Just don't. I know you can be smarter than that, if you'll only try. In America today, the fastest path to power is via the white, male ruling class. Obama wanted and wants power, period. So in every way that matters, he identifies with the white, male ruling class. Now he's the leader of that class. See how that works?


So, how do we deal with all this racism? Certainly addressing symptoms such as the drug war and poverty would help. However, with deep seated problems, we must strike the root. This requires that we view racism not as an epithet to hurl at political opponents, but instead as an idea and structure of domination to seek out and ameliorate. For how else can we honestly find the racism lying latent in our psyches and our favored institutions? And if we can't even admit to the problem, it will be damn hard to solve.

Connor Boyack on Immigration

Over at Connor's Conundrums, Connor Boyack presents his views on immigration. Boyack is one of my fellow Utah residents, and is a libertarian, Constitutionalist, and Mormon writer. While I disagree with him on religion and overall have more radical views than he does, he is easily one of the most thorough and rational bloggers I've encountered. It shows in this piece. Boyack first presents a detailed history of immigration law in America, offering a persuasive case that originalist and libertarian interpretations of the Constitution would make our current restrictive immigration laws unconstitutional. He also offers well sourced rebuttals to the economic and crime based anti-immigrant arguments.