We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.
Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]
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There is a horrible disease prevalent in sub-Saharan Africa called onchocerciasis or “river blindness”. The black flies that live near rivers carry a parasite, a tiny worm called onchocerca volvulus. When the fly bites a human the parasite worm is injected into the human’s body. Then…
Within the human body the adult female worm (macrofilaria) produces thousands of baby or larval worms (microfilariae) which migrate in the skin and the eye.
Sometimes sufferers can see “tangled threads or worms in their vision, which were microfilariae moving freely in the aqueous humor of the anterior chamber of the eye”. This will be one of the last things they ever see before they lose their vision altogether.
I have been haunted for years by one account of how people come to be infected with this disease. It goes like this: a fly lands on a child. They swat it away, like they’ve been taught. Another fly lands. They swat it away again. And so on, thousands of times. Until one day the child is too tired or too excited or too distracted and they fail to swat away the fly. Then they get the disease, right? Actually, no: it usually takes several bites before they are infected. So there is a period when they think, well, a fly bit me but nothing has happened to me so far – the grown ups must be exaggerating. You can no doubt predict how the story ends. Once infection does occur it is irreversible.
Today’s Sunday Times reports,
Prosecutor criticises ‘sinister’ Met for investigating Darren Grimes over interview
Scotland Yard’s criminal investigation of a conservative activist over his interview with the historian David Starkey is “sinister and foolish”, according to a former director of public prosecutions.
Lord Macdonald of River Glaven said the Metropolitan Police’s pursuit of Darren Grimes, a pro-Brexit campaigner, was “deeply threatening of free speech”. Mr Grimes, 27, has said that police want to interview him under caution over a controversial interview uploaded to YouTube in the summer, in which Dr Starkey said that slavery could not have been genocide as there are “so many damn blacks” still around.
Mr Grimes is facing investigation for an offence of stirring up racial hatred, which falls under the Public Order Act. The offence carries a maximum penalty of seven years in prison.
The decision to pursue the publisher of an interview has resulted in widespread criticism and concerns about the threat posed to freedom of speech. The force has confirmed that it began an investigation on September 25 after seeking advice from the Crown Prosecution Service (CPS).
Lord Macdonald, head of the CPS between 2003 and 2008, told The Times yesterday: “Dr Starkey was roundly condemned for his remarks and has since lost all his academic positions.
“But offensiveness is not a crime and for the police now, weeks later, to target the journalist who interviewed him is both sinister and foolish. It looks like they are letting themselves be used as part of a political stunt — and, what’s worse, a stunt that is deeply threatening to free speech.”
For most of his career Lord Macdonald of River Glaven, better known as Ken Macdonald, was the very model of a left wing liberal activist lawyer. It is good to see that the flies can still be swatted by the left hand of the British body politic. In fact the police investigation is being swatted from several sides, and may soon be quietly shelved. Even so, as Brendan O’Neill writes in an article on the case for Spiked,
And yet, even the existence of this investigation is worrying, even if it does soon fall apart. We should keep the champagne on ice if the Met comes to its senses and drops its pursuit of Grimes, because we will still need to ask ourselves how this could happen. It strikes me that it is the natural result of the slow-motion decay of freedom of speech in this country, of the past few years of Leveson inquiries into the free press, police arrests of trolls for making offensive comments, the arrest of comics and feminists for saying ‘incorrect’ things, the use of public-order legislation to punish controversial opinion and the extraordinary growth of informal clampdowns on free speech too, from the cult of safe spaces on campus to Twitterstorms against anyone who questions the illiberal ideology of wokeness. Too many people have been cavalier about the demise of freedom of speech and the result is this: the police investigating someone for having a discussion.
The darkness in my vision might just be approaching old age, but sometimes I think I see tiny threadlike forms twist and writhe.
We British had the Twitter Joke Trial.
R v Paul Chambers (appealed to the High Court as Chambers v Director of Public Prosecutions), popularly known as the Twitter Joke Trial, was a United Kingdom legal case centred on the conviction of a man under the Communications Act 2003 for posting a joke about destroying an airport to Twitter, a message which police regarded as “menacing”. The conviction was widely condemned as a miscarriage of justice, and was appealed three times, the conviction being quashed as a result of the third appeal.
I posted several times on Samizdata about the absurdity of prosecuting Paul Chambers for what anyone could tell was a joke:
If this is security theatre, it gets one star.
Nuke the entire court from orbit. It’s the only way to be sure.
Pretending to be scared
Twitter joke not menacing after all
A blackly funny coda to the whole miserable saga was posted by Michael Jennings here: Irony
It being easier for me to search out my own old posts, I may have missed some from other contributors. Apologies if so. The point is, it was plain from the very first day that the actual threat to life and limb from Mr Chambers was zero. Yet this had to go to the highest court in the land before someone put a stop to the farce.
By the way, according to a Guardian article in 2012 the Director of Public Prosecutions at the time did not merely allow this prosecution to go forward but insisted that it should.
The director of public prosecutions (DPP) stopped his staff dropping the case against Paul Chambers, author of the “Twitter joke” about blowing up Robin Hood airport in South Yorkshire, it has been claimed.
Crown Prosecution Service lawyers had been prepared to back away from one of the most controversial cases in years, telling Chambers that they no longer saw a public interest in opposing his appeal against conviction. Chambers had said he felt “immense relief” that the prosecution – which had seen him lose two jobs and gain a criminal record – appeared to be over and that the authorities seemed ready to restore his good name.
The CPS even sent Chambers and his solicitor, free-speech campaigner David Allen Green, papers stating that it now agreed that the case should end. However, at the last minute the DPP, former human rights lawyer Keir Starmer, overruled his subordinates, it is alleged.
After a blunder like that, I trust this Starmer fellow resigned from public life.
Perhaps Judge Jacqueline Davies and Sir Keir Starmer were kidnapped as larvae and raised to believe that this was what they had to do for the sake of the colony. Little else can explain their ant-like official determination not to think.
But wait! We have a challenger! Not to be outdone by the effete Brits, the United States of America now has its own long-running Twitter Joke Prosecution:
In dumb union case, a Twitter joke becomes a federal case.
That Washington Examiner story was from May 4th. As of yesterday, it is still a federal case:
Here’s The Latest On Federal Agencies’ Targeted Harassment Of The Federalist:
“No jokes allowed. Ever.” Apparently, this is the new Twitter rule, as The Federalist national news publication faces a joint administrative and judicial broadside at the National Labor Relations Board. What the publication is going through constitutes just one of the many costly, silly, and arguably unconstitutional quasi-judicial proceedings underway throughout the federal bureaucracy.
A recent case before the NLRB — in which the agency served as legislator, police, prosecutor, and judge — helps illustrate why not everything can, or should, be handled in-house at the executive branch. In June 2019, The Federalist publisher Ben Domenech tweeted, “FYI @FDRLST first one of you tries to unionize I swear I’ll send you back to the salt mine.”
His followers got the joke. His employees got the joke. But one Twitter user apparently did not get the joke, so he filed a complaint with the NLRB. The user does not even work for Domenech nor have any ties to The Federalist, but the NLRB didn’t mind. Political appointees for the NLRB investigated the claim and prosecuted Domenech for violating NLRB rules, all while presiding over the so-called hearing.
When The Federalist employees came to Domenech’s defense by testifying that they understood the tweet to be a joke and in no way felt threatened by Domenech, the administrative law judge rejected their testimony. He reasoned the testimony of the employees could not offer any value to the proceedings, and ultimately decided that Domenech violated NLRB rules.
(Hat tip: Mark Tapscott at Instapundit.)
The BBC reports,
Uber spared from London ban despite ‘historical failings’
Uber has secured its right to continue operating in London after a judge upheld its appeal against Transport for London (TfL).
The ride-hailing giant has been granted a new licence to work in the capital, nearly a year after TfL rejected its application over safety concerns.
It ends uncertainty for the 45,000 drivers who use the taxi app in London.
Westminster Magistrates’ Court said Uber was now a “fit and proper” operator “despite historical failings”.
Snip
Mayor of London Sadiq Khan said TfL was “absolutely right” not to renew Uber licence last year but acknowledged the company had “made improvements”.
However, he added: “I can assure Londoners that TfL will continue to closely monitor Uber and will not hesitate to take swift action should they fail to meet the strict standards required to protect passengers.”
Remember this from 2017?
Sadiq Khan is accused of ‘capitulating’ to black cab drivers’ union that bankrolled his London Mayor’s election campaign as petition to save taxi app reaches 600,000 signatures
The Mayor’s previous two attempts to ban Uber from London were unpopular with Londoners in general, and particularly unpopular with groups that normally vote Labour. Uber is a godsend for people living in non-posh places where black cabs do not venture, and for people who cannot afford the fares they charge. Uber drivers are very often from ethnic minorities and/or relatively recent immigrants. (All over the developed world taxi drivers tend to be immigrants for very good reasons – unless restrictive practices keep them out.)
Mr Khan knew all that, of course, but he could not afford to refuse the cab drivers’ union.
Now a nice judge has got him off the hook.
This is an excerpt from Hansard Australia recording a debate that took place in the Parliament of Australia on the 3rd September 2020:
Chamber Senateon 3/09/2020
Item ADJOURNMENT – Freedom of Speech
Senator CHANDLER (Tasmania) (17:45): Last week in the Senate I spoke about World Rugby’s efforts to defend the integrity and safety of women’s sport by ensuring women’s rugby is for female players. At the end of my speech, I referenced the recent case of a woman being fired from her job for speaking about the reality of biological sex. I posed the question:
How do Australians know that they are able to speak freely about women’s rights and the reality of biological sex without being censured or fired by their employer?
Well, it didn’t take long to get the answer to that question. The answer is that Australians are not free to acknowledge the realities of sex or to defend the integrity of women’s sport.
Today I received a letter from the Tasmanian equal opportunity commission, summoning me to attend a conciliation conference to answer for my statements on free speech and sex based rights. The complaint, made under the Tasmanian Anti-Discrimination Act, is in relation to an op-ed I had published in The Mercury earlier this year about, quite ironically, free speech. My op-ed started:
The recent publication of an open letter signed by 150 writers and academics in defence of free speech offers a glimmer of hope that we can put a stop to the anti-democratic cancel culture which has taken root in many corners of society.
Well, I’m not so sure about there being a glimmer of hope for free speech now. The complaint letter I received today says, in referencing my actions: ‘It is clear or can be inferred from her comments that she considers people who are born male and seek to live as a female should not have access to female toilets, facilities or sports. This is problematic because excluding someone who is designated male at birth and currently expresses their gender as female from single-sex facilities or sport may be direct discrimination on the basis of gender identity.’ It is open to the commissioner to dismiss the complaint as vexatious but without substance, but she has chosen instead to pursue it and to compel me to attend a compulsory mediation with the complainant.
Many democracies have a system whereby parliamentary committees or their equivalent demand the attendance of citizens so that questions can be put to them by the MPs. These sessions almost invariably display elected lawmakers at their most arrogant. I cheered when Dominic Cummings refused to appear before the Digital, Culture, Media and Sport Committee of the UK Parliament. But I have found one thing I hate more than elected politicians summoning members of the public for (theoretically) compulsory questioning: unelected bureaucrats summoning elected politicians for actually compulsory “conciliation”.
“Compulsory Conciliation” was the title of the post in the pro Scottish Independence blog “Wings Over Scotland” where I saw this illustration of how fast once-cherished notions of free speech can fall. It would have surprised me in 2014 to know that in 2020 I would be grateful to Stuart Campbell for the good work he is doing to protect civil liberties in Scotland. But that is the sort of thing that happens when a Bill allows as much scope for abuse as does the Hate Crime Bill (Scotland). People from all quarters of politics have seen the danger and come together to oppose it. And do not think for a moment that what happens in Scotland or Australia can be ignored elsewhere.
By the way, I was not particularly interested in Senator Claire Chandler’s exact views about the transgender issue, only in the fact that an “equalities” official can summon a Senator of the Parliament of Australia for questioning over her “problematic” opinions.
If you find yourself moved to attend a public protest in the UK, but are not a member of a group that your local Plod choose to kneel in support of, might I suggest you protect yourself, because it is likely violent thugs may decide your protest is unwanted.
A good way to do this is by attending future protests with a good (but generic) motorbike helmet (which also means you are wearing a ‘face covering’, for Covid-19, you understand) and stout boots to protect your feet. Full biker leathers (also generic and unadorned) are optional but also have much to commend them, and these can be armoured and reinforced in all sorts of way.
The “Human Rights” Conventions and Declarations are cleverly written to appear to be about liberty – whilst really offering no protection against the expansion of government at all (indeed actually encouraging the expansion of government power)
– Paul Marks
“Do you know, I had a thought on the way here on the tube. Do you know what it was? I dunno, I can’t believe that I’m going to say this on national radio. I thought that – it would be so unpopular – but what if the government banned, not, you know, going out or seeing your gran in her care home or all the rest of it, but banned the sale of alcohol completely until we had a vaccine? I think that would do much more than ten thousand pound fines to halt the spread of the virus.”
Rachel Johnson is Boris Johnson’s sister, but has very different political views than the Prime Minister’s. She was a candidate for the short-lived centrist pro-EU Change UK party in the 2019 European Parliament election. At one time it was thought that this party, bringing together moderates from different sides of the political aisle to oppose Brexit, would sweep the nation.
ITV News reports,
Social gatherings of more than six people to be banned in England to limit spread of coronavirus
Social gatherings of more than six people will be illegal in England from Monday as the Government seeks to curb the rise in coronavirus cases.
Prime Minister Boris Johnson will use a press conference on Wednesday to announce the change in the law after the number of daily positive Covid-19 cases in the UK rose to almost 3,000.
The legal limit on social gatherings will be reduced from 30 people to six.
It will apply to gatherings indoors and outdoors – including private homes, as well as parks, pubs and restaurants.
Lest anyone look at the previous post and think that it is only the Yank media that thrills to the sound of breaking glass, here is our very own Evening Standard giving over its pages to Gail Bradbrook, co-founder of Extinction Rebellion: “Roof spikes and the noble art of window smashing— protesting for Extinction Rebellion”.
She writes,
Just having left an impromptu roadblock on Millbank, I found myself yesterday suddenly among a swarm of cyclists pedalling friendly mischief around the city. There’s something about the spirit of this rebellion. When people join together in courage and love for life on earth, willing to take the punishment that will come, the system doesn’t know how to handle it. The Government itself declared a climate and ecological emergency last year, but little more than lip service has followed. On Tuesday, together with environmental organisations, academics, lawyers, and now more than 30 MPs from seven parties, we handed to Parliament on a plate a Bill fit to address the crisis. All they need to do is pass it — and all we need to do is tell them we want it.
Away with all that pettifoggery about persuading the public. That XR want it done should be enough to make it law.
Edit: Further demonstrating that persuasion is not their thing, Extinction Rebellion protesters block newspaper printing presses.
Darren Grimes said it well:
Extinction Rebellion hasn’t been ‘infiltrated’.
Black Lives matter hasn’t been ‘infiltrated’.
These movements were never about the environment or racial justice.
These movements were always about control.
They cannot win at the ballot box, so they have to use other means.
“It’s actually a Republican myth that has, over the last 20 years, really crawled into even leftist discourse: that the small-business owner must be respected, that the small-business owner creates jobs and is part of the community.”
That was said by Vicky Osterweil, author of In Defense of Looting. Ms Osterweil was given such a fawning interview by Natalie Escobar of the American state radio station npr (note the cool lowercase initials) that it became an embarrassment, and the record of it is now prefaced by the words:
This story was updated on Sept. 1, 2020. The original version of this story, which is an interview with an author who holds strong political views and ideas, did not provide readers enough context for them to fully assess some of the controversial opinions discussed.
Progressive mythology always demands a socialist valhalla; a nation to be idealised and held up as an inspiration. For years, Scandinavia, and particularly Sweden, played this role. The stereotype was never entirely accurate; Scandinavian social democracy is a far cry from full-throated socialism, yet it remained influential. In the face of the pandemic, however, the tables have turned; now it is the libertarian Right who are lining up to applaud Swedish exceptionalism, while progressives liken their controversial strategy to a form of eugenics. With Sweden consigned to the naughty step, the Left needs a new country to fetishise, and they have alighted on New Zealand.
– Madeline Grant.
The Brussels Times reports,
Coronavirus: Belgian experts ‘shocked’ as AstraZeneca seeks liability waiver for vaccine
A pharmaceutical firm developing a coronavirus vaccine of which Belgium has already secured millions of doses has made the “exceptional” request to not be held liable for any potential side effects.
As it enters the final stages of human trials in the development of a vaccine against the new coronavirus, drugmaker AstraZeneca has introduced several requests to be protected from future claims of liability.
The request was received with surprise by some observers in Belgium, with, health and medical law experts in Belgium referring to it as exceptional or even shocking.
Professor Thierry Vansweevelt is one of those most shocked.
“There is a European directive on product liability,” Vansweevelt said. “Any producer who places a defective product on the market is responsible for that without exceptions. You can’t escape that.”
For the sake of the people of Belgium, a country of which I am fond, I rather hope they can escape it. It is telling that even its supporters see this directive as something that people might want to escape.
I saw this story on Reddit UK politics. It is usually a bit of a left wing hive mind, so I was relieved to see that the highest-recommended comment was by someone going by the name “LiteralTory” who said,
I’m shocked he’s shocked. Developed under incredible pressure and speed. A novel mechanism of action compared to other vaccines. Going to be given to literally billions of people within months of release. Even extremely rare side effects could be numerous enough to destroy the company. And with no vaccine, who bears the risk? Governments, populations and economies. I can entirely see why in this instance they’d expect governments and populations to accept a certain share of the risk.
Does this professor have no imagination not to be able to see that?
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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