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]

Onchocerca volvulus and freedom of speech

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.

I thought they were better than this: recollections of how the London Times covered Brett Kavanaugh’s nomination

Two years ago the worldwide media furore over Brett Kavanaugh’s nomination to the US Supreme Court was at its height. Every second story in the British press seemed to be about Dr Christine Blasey Ford’s accusation of sexual assault against Kavanaugh. Some may find it difficult to cast their minds back to the fevered atmosphere of that time. In these enlightened days of 2020 we rest secure in the knowledge that American politicians of all sides respect the principle of the presumption of innocence, which is why a TV report about Tara Reade’s accusation of sexual assault against Joe Biden is only being shown in Australia.

The Times of London is the Times. It has been the voice of the British establishment for over two centuries. It is seen by many, including itself, as the standard bearer for serious journalism on serious issues for serious people. I have been a Times subscriber for many years, as my parents were before me. At several points over that time my faith in the paper wavered, but never enough to make me switch to another paper. Which one would be better? The Guardian? The Telegraph? The Daily Mail? So ingrained is my own habit of regarding the Times as at bottom a responsible newspaper that I had to spend some time checking that its coverage of the nomination of Brett Kavanaugh really was as bad as I remembered.

→ Continue reading: I thought they were better than this: recollections of how the London Times covered Brett Kavanaugh’s nomination

Discussion point: can children consent to puberty blockers? What about other drastic treatments?

Before you weigh in, please read both the Guardian articles.

“UK court hears children cannot consent to puberty blockers”, reports the Guardian today.

In a statement in the submission, Bell said she had been left with “no breasts, a deep voice, body hair, a beard, affected sexual function and who knows what else that has not been discovered”. She had to live with the fact that if she had children in the future, she would not be able to breastfeed. “I made a brash decision as a teenager (as a lot of teenagers do) trying to find confidence and happiness, except now the rest of my life will be negatively affected,” she said.

On the other hand, the abstract of this medical study published in the official journal of the American Academy of Pediatrics records that the study found that

There is a significant inverse association between treatment with pubertal suppression during adolescence and lifetime suicidal ideation among transgender adults who ever wanted this treatment. These results align with past literature, suggesting that pubertal suppression for transgender adolescents who want this treatment is associated with favorable mental health outcomes.

Another Guardian article published on 28 September raised similar issues of principle regarding a treatment that must be given to children if it is to work at all:

‘There is a fear that this will eradicate dwarfism’: the controversy over a new growth drug.

Two extracts:

Samuel Gray is very brave about his daily injections. At six-and-a-half, confident and happy, he was a boy who knew his own mind and made a big decision about his future. His parents had asked him if he wanted to take part in a clinical trial for a drug that could improve some of the conditions associated with achondroplasia, the most common form of dwarfism, with which Samuel was born.

[…]

In 2015, BioMarin Pharmaceutical, the company that developed vosoritide, released the results of phase two of its study. At the time, Leah Smith, a spokeswoman for Little People of America (LPA), the largest organisation in the US for people with dwarfism, said: “People like me are endangered and now they want to make me extinct.” Recently, the actor Mark Povinelli, who is president of the LPA, told the New York Times that the drug “is one of the most divisive things that we’ve come across in our 63-year existence”.

The foundling

Anyone know whose baby this is?

Mystery Deepens Around Unmanned Spy Boat Washed Up In Scotland

The ultimation

The Times reports,

FTSE 100 businesses ‘must bring minorities on board’

One of Britain’s biggest institutional investors has told the 30 or more FTSE 100 companies with all-white boards that it will vote against them unless they hire an ethnic-minority director in the next 15 months.

Legal & General, which manages more than £1.2 trillion of assets on behalf of pension funds and other clients, issued the ultimatum in the past few days in the wake of the Black Lives Matter protests over the summer.

L&G has written to all 100 companies in the FTSE 100 as well as the US companies in the S&P 500 telling them it expects them all to have at least one director of black, Asian or other minority ethnic (Bame) origin in place by January 1, 2022.

It told them it will vote against the re-election of the company’s nomination committee chairmen if they fail to meet this target. Nomination committees are the main board panels responsible for board appointments.

L&G, which typically owns 2 or 3 per cent of almost every British blue chip, is thought to be the first big UK institution to warn explicitly it will vote against any company failing to comply.

Does Legal and General as a company have the moral right to invest as it sees fit? Absolutely. But as a commenter called David C says,

I have a pension invested with L&G. I’m taking this as an early indicator the company has fallen into woke hands, which means performance is going to suffer.

David C then spoils a good point by saying that that social diversity matters should be left to government. The L&G plan to “force” racial quotas on those companies in whom it invests by threatening to put its money elsewhere unless they comply with its wishes is preferable to the actual force-with-threat-of-jail as used by governments.

Even so, members of the board of Legal and General should remember three points:

1) They are investees as well as investors. What they do to others can be done to them, with equal legitimacy.

2) L&G say that research by McKinsey & Co shows that “more racially diverse boards make better decisions and produce better financial returns to shareholders.” In itself I can well believe that heterogeneous boards help a company avoid groupthink and hence improve profits. But when a person is hired for their skin colour it is probable – not certain, but probable – that they will not be as competent as a person hired for their competence. I admire L&G for being willing to put this oft-made claim that affirmative action helps the bottom line to very a public test.

3) Isn’t racial discrimination illegal?

I lied when I said three points. Point four is affirmative action never delivers equality. Decades of caste quotas in India and racial quotas in Malaysia have been dandy for a small sub-class of hereditary quota-fillers while entrenching the assumption that the “helped” class could not make it on their own. Point five is that, legal or not, racial discrimination is wrong.

Samizdata quote of the day

The last Labour government rigged almost every institution in this country with enormous craft and cunning. Even now, from the National Lottery Fund to the National Trust, we have institution after institution in this country run by people whose interests are opposed to those of the general public, and aspiring more than anything else to the hideous, divisive and now clearly failing ‘woke’ agenda. Dacre and Moore are good early warning shots. But if the Johnson government wants to do something meaningful, it should not just follow through on their appointments; it should follow them up with a fusillade every bit as relentless and long-lasting as the Labour one, the repercussions of which this country still suffers from.

Douglas Murray

Proud Americans refuse to be out-stupided by the Limeys

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.)

  • 2020 like it ought to be

    Jet suit paramedic

    Samizdata quote of the day

    Perish the thought that we may allow those pesky Africans to export food to the UK without tariffs. If we allow that they might not need our charity, then how would we feel superior to them?

    Sandy Wallace

    Sadiq Khan will not be displeased that Uber has won its appeal

    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.

    An Australian senator is summoned by the Equal Opportunities Commission

    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.

    Samizdata practical advice of the day

    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.