Quotes

"Fascism and communism both promise "social welfare," "social justice," and "fairness" to justify authoritarian means and extensive arbitrary and discretionary governmental powers." - F. A. Hayek"

"Life is a Bungling process and in no way educational." in James M. Cain

Jean Giraudoux who first said, “Only the mediocre are always at their best.”

If you have ten thousand regulations, you destroy all respect for the law. Sir Winston Churchill

"summum ius summa iniuria" ("More laws, more injustice.") Cicero

As Christopher Hitchens once put it, “The essence of tyranny is not iron law; it is capricious law.”

"Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it." Ronald Reagan

"Law is where you buy it." Raymond Chandler

"Why did God make so many damn fools and Democrats?" Clarence Day

"If I feel like feeding squirrels to the nuts, this is the place for it." - Cluny Brown

"Oh, pshaw! When yu' can't have what you choose, yu' just choose what you have." Owen Wister "The Virginian"

Oscar Wilde said about the death scene in Little Nell, you would have to have a heart of stone not to laugh.

Thomas More's definition of government as "a conspiracy of rich men procuring their own commodities under the name and title of a commonwealth.” ~ Winston S. Churchill, A History of the English Speaking Peoples

“Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.” ~ Jonathon Swift

Monday, March 19, 2012

A Dangerous Verdict in New Jersey

This blames everyone or anyone except the person himself responsible. Now there are special classes of groups who are not to be treated equally. Actually things have been that wayward way for a long time without good results.
Plus, there is a now a resultant, wildly subjective, "anti-bullying" law that came out of this last year. It is open to too much interpretation as to what 'bullying' actually is. Sound familiar, "what is, is."

A Dangerous Verdict in New Jersey | FrontPage Magazine
By Bruce Thornton On March 19, 2012

New Jersey jury on Friday convicted a Rutgers freshman of “bias intimidation,” among several other charges. Dharum Ravi had set up a webcam in the dorm room he shared with Tyler Clementi, and then posted footage online of Clementi being intimate with another man. Three days later Clementi jumped to his death from the George Washington Bridge. Ravi faces up to ten years in prison or deportation to India.
This verdict promises to have malign effects beyond the problems of hate-speech laws already long recognized. Most important, it will make it easier for Muslim organizations to achieve in the United States what they have in Europe: criminalizing legitimate and fact-based criticism of Islam by disguising it as “hate speech,” thus enlisting our criminal justice system in the enforcement of shari’a-based blasphemy laws.
Ravi’s conviction has dangerously expanded the already over-broad and subjective statutes against “hate crimes,” which are for the most part based on words and attitudes. Such laws are an attempt to criminalize preferences disapproved of by some political ideologies, and they are based on dubious social psychology theories about how “hate speech” creates a “climate of fear” that legitimizes and hence increases physical violence or harassment against protected groups. The problem with such laws, however, is that in practice they are selective, protecting politically favored constituencies while excluding other groups such as Christians, Jews, straight white males, or conservatives. Worse yet, what constitutes “hate speech” is highly subjective and reductive, ignoring the specific contexts and intentions that contribute to any speech act. Finally, under the Constitution, we are free to dislike whomever we wish for whatever reason we wish, no matter how much such dislike disturbs others. And subject to strict “fighting words” constraints, under the First Amendment we have the right to express that dislike in speech, including speech others may find offensive.
In short, “hate crime” laws represent another dangerous government intrusion into social and political life at the expense of freedom, all in an attempt to create some utopian world in which nobody ever feels bad, and social relations are without strife and conflict. Yet this goal is impossible given human nature and the great variety of people and their beliefs, some of which they passionately hold and consider foundational to their identities and the meaning of their lives. In a free society that by law gives people the right to express these beliefs and preferences, there inevitably will be clashes, and these disagreements won’t always be conducted with the decorum of a Jane Austen novel. Thus freedom of speech necessarily entails accepting that occasionally one will be insulted or offended. But that’s the price we pay for that freedom, for the alternative is the creation of legal limitations that inhibit speech by using the coercive power of the state to threaten or silence disagreeable political views.
The more dangerous consequence of such legislation, the illegitimate expansion of the scope of hate crime offenses, is what has taken place in the Ravi case. What Ravi did could be considered mean or boorish, but given he was a freshman in college at the time, such behavior is to be expected of a callow youth. There was no evidence presented that Ravi personally was homophobic, no past record of harassing or intimidating homosexuals. In fact, there was not any “hate speech” at all, just a subjective interpretation of his actions as the fuzzy crime “bias intimidation.” As a result, this verdict has broadened the categories “hate” and “bias” to criminalize immaturity––as long as the victim is a member of a protected group. If the roles were reversed, and Clementi had posted videos of Ravi having sex with a woman, nobody would have cared how humiliated or shamed Ravi became, even if he committed suicide.
As a result of this expansion, this verdict contributes to that “chilling” effect on free speech that the ACLU selectively complains about.
-more at link-

No comments:

Post a Comment