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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.)
Trump is a streetfighter waging asymmetric warfare against a traditional foe who is reviewing the rules of engagement and consulting the lawyers back at headquarters before doing anything. And all the while he’s getting pummelled. Idealists will say that it wasn’t very presidential, that they didn’t dig into policy and educate the American people, where was the dignity?
Welcome to electoral politics. It’s always been thus. Founding Father John Adams delighted in calling fellow Founder Alexander Hamilton, “the bastard brat of a Scotch peddler.” Adams himself came in for similar treatment during the election of 1800 when he was called an hermaphrodite reportedly at the behest of Thomas Jefferson.
We didn’t get any of that last night. But there’s another debate next week so keep your fingers crossed.
– Chris Buskirk
On the 21st September, to my surprise, the New York Times carried this report by Nellie Bowles: “Some Protests Against Police Brutality Take a More Confrontational Approach”.
Both the writer of the headline and Ms Bowles herself in the article made some attempt to keep the dam plugged with the euphemistic reference to “a more confrontational approach”. But the facts themselves are reported honestly enough:
PORTLAND, Ore. — Terrance Moses was watching protesters against police brutality march down his quiet residential street one recent evening when some in the group of a few hundred suddenly stopped and started yelling.
Mr. Moses was initially not sure what the protesters were upset about, but as he got closer, he saw it: His neighbors had an American flag on display.
“It went from a peaceful march, calling out the names, to all of a sudden, bang, ‘How dare you fly the American flag?’” said Mr. Moses, who is Black and runs a nonprofit group in the Portland, Ore., area. “They said take it down. They wouldn’t leave. They said they’re going to come back and burn the house down.”
[…]
Nearly four months after the killing of George Floyd by the Minneapolis police, some protesters against police brutality are taking a more confrontational — and personal — approach. The marches in Portland are increasingly moving to residential and largely white neighborhoods, where demonstrators with bullhorns shout for people to come “out of your house and into the street” and demonstrate their support.
These more aggressive protests target ordinary people going about their lives, especially those who decline to demonstrate allegiance to the cause. That includes a diner in Washington who refused to raise her fist to show support for Black Lives Matter, or, in several cities, confused drivers who happened upon the protests.
[…]
The American flag that generated controversy is displayed in Kenton, a neighborhood of Portland with small bungalows, lush front gardens and ripe fruit trees. Weeks after the confrontation, the husband and wife who fly the flag said they were fearful of retaliation from the roving protesters, who had found their phone number.
But they say they will not be intimidated into removing the flag.
I think that couple are wise as well as brave. Submission did not help this man:
But around 9:30, the group [“an autonomously organized direct action march” listed on the Black Lives Matter Portland Events page] was in some organizational chaos. They had decided that the neighborhood close by was too racially diverse for them to protest in. They needed to go somewhere whiter.
So the protesters caravaned 20 minutes away to Alberta, a more affluent neighborhood that began being gentrified in the 1990s. They reassembled and marched through the streets.
Neighbors in impressive Craftsman-style homes pulled down their shades and turned off their lights, though many could be seen peering out of dark windows. One woman stepped out of an expansive home looking angry; upon seeing the crowd, she quickly retreated indoors. A few young couples stood in their doorways. A Black woman driving past honked and cheered.
One white man stepped onto his patio clapping and hollering in support of the passing march. The group called for him to join. He smiled and waved them on, still clapping. They began to chant that he was spineless. He looked worried. But the march moved along, and he went back into his house.
“You’ll never sleep tight, we do this every night,” the protesters chanted.
There are 992 comments. When I spoke of a dam breaking at the New York Times, I was referring as much to the comments as to the article itself. Here are the top seven “Reader Picks” from the NYT’s overwhelmingly liberal readership:
Juliana James
Portland, Oregon | Sept. 21
I have had enough of the arrogance, self righteousness and selfish attitude of these kind of do or die protesters, they’re bullies bullying good people. To say being nice does not work, neither does being a violent threatening bully. Grow up and use your civil voice as a citizen to work long term for change within organizations that do not advocate shaming or blaming marches such as yours. You are feeding FOX news and helping Trump win, admit that and you will actually have made some progress.
15 Replies 1247 Recommend
John Zotto
Ischia | Sept. 21
These same tactics were used in Germany during the 1930s and the communist in Russia after the revolution. You are never pure enough and any deviation from the party line means trouble.
6 Replies 937 Recommend
Isully
Bronx | Sept. 21
…and this is how Trump gets re-elected.
5 Replies 921 Recommend
Dave BX
Goshen NY | Sept. 21
I would have a hard time imagining a NY Times article bending over backwards as this article does to try to explain violent tactics and harassments if the subjects were right wing protesters. They would be excoriated and rightfully so.
These tactics are unjustifiable and cannot be tolerated and only serve to get more votes for Trump.
4 Replies 908 Recommend
C
NYC | Sept. 21
Threatening to come back and burn someone’s house down because they refuse to take an American flag down? And people wonder why people are buying firearms across the political spectrum?
2 Replies 881 Recommend
Jim
PA | Sept. 21
Force me to pick a side? Well heck that’s easy; I choose to oppose anyone who threatens me. So go ahead and threaten me, and watch me side with the people who don’t.
Lesson: Don’t make enemies of your allies.
1 Reply 838 Recommend
Balderdash
NW | Sept. 21
I subscribed to WSJ when reporting in this paper described the protests as peaceful despite what I could see with my own eyes. I sincerely recommend subscribing to both papers for some much needed perspective. I’m deeply confused by the phrase “mostly peaceful” when events routinely include projectiles and fireworks thrown at police.
20 Replies 585 Recommend
Local Anarchists Miffed By Trump’s Designation Of NYC As Anarchist Jurisdiction
… The Metropolitan Anarchist Coordinating Council, an active NYC-based anarchist group, condemned the move … The group … said NYC had a long way to go before it could claim the mantel of full anarchism. (h/t instapundit)
I sure hope they are right about that.
I guess they might concede that New York City has less far to go now than, say, the year before de Blasio became its mayor.
I suppose anarchism is like socialism: in hindsight (but never in foresight), the kind that happened was never the ‘real’ kind – unlike the death and destruction it left behind.
(I appreciate that for any reader in New York, the comedy of this may be a bit on the grim side.)
“When your political system can be thrown into hysteria by something as predictable as the death of an octogenarian with advanced cancer, there’s something wrong with your political system. And when your judicial system can be redirected by such an event, there’s something wrong with your judicial system, too.”
– Glenn Reynolds, “Mr Instapundit”, and US law prof.
Back in January 2016 Victor Mair, professor of Chinese at the University of Pennsylvania, started an interesting discussion in the blog “Language Log” about a common Chinese word that sounds like a racial insult in English. Professor Mair wrote,
As soon as I read “a phrase that sounds uncannily like the N-word” in the first paragraph, I knew exactly what my colleague’s friend was talking about. The Chinese grad student was saying “nèige 那个 (that)”.
Grammatically, “nèige 那个” begins as a demonstrative, but it is frequently attenuated to become a pause particle or filler word. It is often uttered many times in succession, thus “nèige nèige nèige…”, and people who have a tendency to stutter may get stuck on it for an embarrassingly long time. Even individuals who are not actually stutterers may have an excessive addiction to such words.
That guy Mair must have a time machine. Scroll forward four years to 2020. Inside Higher Education reports,
Professor suspended for saying a Chinese word that sounds like a racial slur in English.
In a controversial decision, the University of Southern California replaced a professor of business communication with another instructor in one of his classes for saying a Chinese word that sounds like an English slur.
Late last month, Greg Patton, the professor, was teaching a lesson on “filler words” in other languages — think “err,” “um” or “like” in English — in his master’s-level course on communication for management.
“Taking a break between ideas can help bring the audience in,” Patton said, according to a recording of one of the Zoom course sections and a transcription that appeared next to him on screen. “In China,” for instance, he continued, “the common pause word is ‘that that that.’ So in China it might be ne ga, ne ga, ne ga.”
Patton, who has worked in China but is not a scholar of Chinese, did not warn students that 那个, or ne ga, (alternatively spelled nà ge and nèige) sounds something like the N-word — which it does. And some or all of the Black students across three sections of the course were offended by what they’d heard. So they wrote a letter to the dean of the Marshall School of Business, Geoffrey Garrett, among others, describing Patton as insensitive and incapable of teaching the three-week intensive communications course.
Whereupon one would expect to read that the University of Southern California told them that anyone above the age of ten should know that words which are harmless in one language but rude in another are ubiquitous, and that an intensive course on business communications that left out mention of such words would be a con. That’s the English meaning of “con”, not the French one.
“Whereupon one would expect…”, wrote I, sounding dead posh. Who was I kidding, this is 2020. What actually happened was this:
… Garrett, dean of the business school, sent students an email saying that Patton was being replaced as instructor of the course, effective immediately.
“It is simply unacceptable for faculty to use words in class that can marginalize, hurt and harm the psychological safety of our students,” Garrett wrote. Patton “repeated several times a Chinese word that sounds very similar to a vile racial slur in English. Understandably, this caused great pain and upset among students, and for that I am deeply sorry.”
If the students’ “psychological safety” is harmed by the knowledge that unfortunate cross-linguistic homophones exist, maybe “business communication” is not the best subject for them. Business often involves meeting foreigners, who at any moment might forget who they are talking to and speak their own language. Even in America one is not safe from people who speak other languages!
While the change was presumably applauded by those students who urged action against Patton, his effective suspension from teaching the course angered many other students and alumni.
One petition for Patton’s reinstatement with thousands of signatures says, “For him to be censored simply because a Chinese word sounds like an English pejorative term is a mistake and is not appropriate, especially given the educational setting. It also dismisses the fact that Chinese is a real language and has its own pronunciations that have no relation to English.”
Ninety-four Marshall alumni, many of whom are Chinese and now live in China, wrote their own letter to the dean and other administrators, expressing support for Patton.
“All of us have gained enormous benefit from the academic leadership of Prof. Patton. His caring, wisdom and inclusiveness were a hallmark of our educational experience and growth at USC and the foundation of our continued success in the years following,” the named alumni wrote.
Moreover, they said, “We unanimously recognize Prof. Patton’s use of ‘na ge’ as an accurate rendition of common Chinese use, and an entirely appropriate and quite effective illustration of the use of pauses. Prof. Patton used this example and hundreds of others in our classes over the years, providing richness, relevance and real world impact.”
After a gap of four years, Professor Mair wrote an update of his 2016 post in the context of Greg Patton’s dismissal: “That, that, that…”, part 2.
It is well worth a read. It quotes the full text of the grovelling letter to students written by Dean Geoff Garrett, a copy of which should be printed out and kept in your medicine cabinet should need arise for a quick-acting emetic.
This comment by “Twill” resonated with me:
I suppose it is “unacceptable to use words that marginalize”, but perfectly acceptable to marginalize every other language on this planet by insisting that any words that might arbritrarily offend English speakers should be stricken from the dictionary, no matter what they actually mean or are used. I fail to see how we can “engage respectfully with one another while fostering and exemplifying the knowledge and skills needed to lead and shape our diverse and global world” if we don’t extend the courtesy of letting other languages speak for themselves.
And what’s the betting that these people, who demand their delicate ears be protected from the sounds of the most spoken language in the world, call Trump voters “hicks” and mock their supposed provincialism?
This will have a predictable effect on the value of a USC Marshall MBA. Imagine you are the CEO of an international company. You seek to fill an executive position that requires the postholder to move confidently between Western and Chinese business environments. Are you going to go for the candidate from a school where students are taught honestly about the potential pitfalls of cross-cultural communication, or the one from the USC Marshall School of Business who has only been fed the Disney version? The issue is not limited to that one word 那个, or to the Chinese language. It is about whether a potential employee can cope outside the bubble of an “elite” US academic institution.
And of course the bad effect on a candidate’s chances will be reinforced if the candidate is black, whether or not they personally had anything to do with this affair. No need to assume the potential employer is racist. They simply will prefer not to hire someone who has been primed to freak out when a Chinese colleague says the equivalent of “like, er, you know” for a word on the tip of their tongue.
“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.
Heather Mac Donald has written an important essay for City Journal, Conformity to a Lie. (Hat tip to Sarah Hoyt at Instapundit.)
The essay contains much that saddens and enrages me, but in places it is funny. After quoting several examples of college presidents and deans craving pardon for the racism of their institutions, she writes,
All such institutional self-accusations by college presidents leave out the specifics. Which faculty members do not treat black students fairly? If that unjust treatment is so obvious, why weren’t those professors already removed? What is wrong with an admissions process that lets in thousands of student bigots? In other moments, college presidents brag about the quality of their student body and faculty. Are they lying? Shouldn’t they have disclosed to black applicants that they will face “racist acts” and “systems of inequality” should they attend?
Edit: Thinking about it, this is a smaller scale example of the rule that in time of revolution it is safer to be a Tsarist than an Old Bolshevik.
If I have understood correctly, this video of the incident involving Adam Haner and Marquise Love, in connection with which Mr Love is being sought by Portland Police, was taken by a man called Drew Hernandez. Here is his twitter post directing viewers to the YouTube channel where the video is hosted.
This Daily Mail story includes a much shorter (1 minute 49 seconds) video of the same incident.
Obviously, both videos show scenes of violence.
I am a strong believer in the presumption of innocence, so I will say no more than “Watch for yourselves”.
Edit: “It’s a stain on the movement”: Portland Protest Organizers Condemn Truck Driver Assault, reports the Portland Mercury. However at the time of writing the Twitter account of the national (US) Black Lives Matter movement has said nothing about it.
The BBC reports,
Hydroxychloroquine being ‘discarded prematurely’, say scientists
The Oxford University-led trial is aiming to enrol 40,000 frontline workers around the world.
Investigators hope the large-scale, double-blind randomised study will show if early use of the treatment prevents the virus from getting worse.
“We know now that it doesn’t work in treatment of hospitalised patients,” says Prof Nick White, one of the study’s investigators.
“But it’s still is a medicine that may prove beneficial in preventing Covid-19.”
The UK medicines regulatory body MHRA halted hydroxychloroquine trials, following a now-discredited paper in The Lancet claiming it caused harms.
Trials resumed in late June but the investigators says these concerns over safety, and the drug’s politicisation, have made it difficult to get participants.
I know nothing about medicine and have no opinion as to whether Hydroxychloroquine is any use in treating the coronavirus or as a preventative. But I know enough about the history of science to be deeply frightened by this:
And social media companies have removed viral online posts by doctors who reject the scientific consensus, praising the drug’s effectiveness.
I am just glad to see that there are still scientists such as Professor White who keep an open mind and are willing to go on the record as saying that the politicisation of Hydroxychloroquine may have cost lives. In fact there is no “may” about it: whether Trump is wrong or right on this occasion, the politicisation of science always costs lives. The politicisation of science is the cessation of science.
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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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