Pragmatically Toward Libertarianism

by Conor Friedersdorf

In concurrence with the creed of The Atlantic, I consider myself to be "of no party or clique," and the best insight I can offer into my work is its premise: that a writer's job is to strive for the truth, and to remember that he'll sometimes be wrong. As a result, I am reticent to characterize myself politically on occasions when I'm really being asked, "Whose side are you on?" The answer to that question should never be "the liberal side" or "the conservative side," unless the person being questioned is naive enough to think that one ideology or the other has a monopoly on truth.

A question I don't mind is "Which tradition of political philosophy do you find most useful or persuasive?" In shorthand, my answer is that I'm both a conservative and a libertarian, or some combination. A longer answer is that I embrace aspects of classical liberalism too, and if you find yourself thinking that these terms mean very different things to different people, I agree. That's why I try to be introduced on radio spots as "a California based writer" rather than "a conservative" or "a libertarian," but anyone who attempts it knows these labels are impossible to escape. I sometimes even slip lazily into their use in spite of myself, though I'd banish them tomorrow if I could.

Today is another matter, because I cannot express this thought otherwise: I now think of myself as a libertarian more than a conservative when I reflect on how my ideological beliefs map onto the political coalitions whose success I desire.

This isn't one of those overwrought, more-in-sadness-than-anger essays that true believers write to announce an ideological conversion. The respect I have for conservative insights remains intact, as does my belief that Edmund Burke and friends remain important guides in our pursuit of prudent governance.

I also retain the reservations I've long had about describing myself as a libertarian and leaving it at that. Bruce Bartlett says that he is "basically libertarian but tempered by Burkean small-c conservatism." It's a characterization I find appealing. Were I able to banish government's role in marriage entirely, I'd refrain, though I do want gays to be able to marry, largely for the conservative reasons so eloquently expressed by Andrew Sullivan. I favor legalizing drugs, but slowly, and with lots of attention paid to how my expectations track the real world results of that policy. I regard the family unit as pretty damned important to a functioning society. Existing institutions matter.

These are but four incompletely articulated examples, but I trust you get the idea: I identify partly as a libertarian, but my failure to automatically support the whole libertarian line as a matter of first principles would cause some who go by that label to kick me out of the free state (an improbable project whose success I'd cheer).

It is precisely this grounding in pragmatism and real world consequences that is pushing me toward libertarianism generally, and especially the brand you find at the Cato Institute and Reason (not that there is anything like consensus within those institutions, which helps explain their increasing attractiveness). It may sound strange to advocate for libertarianism as a practical matter, when conservatives and liberals dominate the political landscape, and it's a struggle to elect even a single libertarian (not that any competitive candidate would call themselves that) to the Senate.

Let me clarify.

The pragmatist in me has concluded, after long experience and repeated disappointments, that the conservative movement is never actually going to deliver on its promise to check the growth of the federal government, however superior its rhetoric might be on that issue; and that the progressive movement is never going to deliver on its promise to protect civil liberties, however superior its rhetoric might be on that issue.

Instead, the conservative movement is going to continue advocating for an unsustainable foreign policy and a vision of executive power that is utterly at odds with the checks, balances, and purposeful limits on presidential prerogatives enacted by the founding generation. And progressives who manage to elect their dream president, plus a majority in both houses of Congress? They won't reverse the trend, so much as ignore it — the better to pass agenda items like a health care bill that thankfully covers more Americans, but leaves unaddressed many of the worst pathologies of the status quo and acts as a stark giveaway to influential industry players.

There is our fiscal insolvency too. Is anyone serious about addressing that?

I retain Burkean concerns with pure libertarianism, but the pragmatist in me is confident that they're irrelevant.  In a way, that is a disappointment. Libertarians lack the power to pass their most appealing agenda items, never mind the extreme stuff. That aside, there is also the fact that the conservative movement's worst features — its advocacy for foreign wars of choice, catastrophically failed approach to drug prohibition, and radical views on executive power — are themselves Burkean nightmares. And speaking of that trifecta, President Obama and our Democratic Congress are by now complicit in every one of them.

I'll probably go on voting for Republicans and Democrats, barring a competitive libertarian alternative: Gary Johnson before Barack Obama before Sarah Palin, always choosing the least bad option. I'll definitely celebrate the good work being done by places like the ACLU, the Institute for Justice, the NRA, Law Enforcement Against Prohibition, The Claremont Institute's Center for Local Government, and other strange bedfellows. And I'll stay agnostic about the political strategy libertarians should pursue. Build a party? Make alliances of convenience? Reach out to liberals as Brink Lindsey is doing? Hell if I know. For my part, I'll just keep writing what I think is true, whether its short term effect is to hurt or help the political coalition whose greater success I desire.

All the better if this post helps some readers toward what I regard as the most important takeaway: upon reflection, the loose coalition of libertarianism looks pretty damned attractive to pragmatic folks on the right with Burkean sympathies.

(Should anyone respond at length to this item, email me at conor.friedersdorf@gmail.com, or ping me via @conor64 on Twitter.)

Sexual Welfare

by Chris Bodenner

A disabled man in Britain plans to use part of his government-issued allowance to lose his virginity to a prostitute. Tracy Clark-Flory reacts in all the right ways:

Paying for sex in Britain is not illegal — unless it is with a woman forced into prostitution, or if it's done through "kerb crawling" or solicitation — so this isn't a question of whether this man should be allowed to do so himself. It is his legal right. The real issue is whether taxpayers should be paying his way. Since very little is known about this anonymous man, we are left to speculate about his condition. We know he is learning disabled, but we don't know to what degree. Presumably it is severe enough to make employment a challenge and to warrant state assistance; and perhaps his condition makes it awfully difficult to meet women. Assuming that all this is true, the question becomes: Is access to sex a fundamental right? Is it on par with, say, access to medical care? (Remember: We're talking about the U.K., where that is actually the case.)

Sex work can be healing and humane. As a fundamental principle, I think it's possible for money to be exchanged for human warmth and touch without either party being exploited. When I think in such terms, the idea of allowing a disabled man to allocate some of his limited funds toward sex with a prostitute — as opposed to, say, a visit to a masseuse or a physical therapist — makes sense to me.

I wonder if similar controversies have come up with the Make-A-Wish Foundation (not necessarily sex-related, but any dying wish that may be morally questionable to the people who fund it).

Reflections on Dr. Laura

by Conor Friedersdorf

I'm confused by news of her impending retirement.

After her controversial exchange with a caller, she issued what seemed to be a forthright apology:

I talk every day about doing the right thing.  And yesterday, I did the wrong thing. 

I didn’t intend to hurt people, but I did.  And that makes it the wrong thing to have done.

I was attempting to make a philosophical point, and I articulated the “n” word all the way out – more than one time.  And that was wrong.  I’ll say it again – that was wrong.

I ended up, I’m sure, with many of you losing the point I was trying to make, because you were shocked by the fact that I said the word.  I, myself, realized I had made a horrible mistake, and was so upset I could not finish the show.  I pulled myself off the air at the end of the hour.  I had to finish the hour, because 20 minutes of dead air doesn’t work.  I am very sorry.  And it just won’t happen again.

I happen to think that there are deep, longstanding problems with Dr. Laura's radio show that have nothing to do with racial epithets, and that even in the controversial call itself, the most objectionable element was the lack of attention, courtesy and respect shown to the caller. I've found that tick of hers galling since I was 14 years old.

Still, I have to credit the talk radio host for actually apologizing without the usual weasel words. 

And I must concur with much of her followup remarks about what she's learned from the incident:

Now, what makes me sad…what pains my heart deeply…is that, beyond the reasoned letters which I continue to get, I have heard comments from some broadcasters and letters from some people that cannot be described as anything other than hate-filled diatribes.  Hate-filled.  This does not make me angry, but it hurts my heart. 
 
My hope with my apology, which was true and immediate and uncoerced, was that the silver lining might be that a dialogue be started to stop hate and bigotry.  I still hold out some hope… but I am a realist and I fear that there are those who frankly want to encourage hate and anger.
 
Now, when I first started out in radio, people would disagree…they DISAGREED…they didn’t HATE.  They didn’t try to censor, they didn’t try to destroy an opposing point of view.  Instead…they just argued and debated, and argued and disagreed, and debated and argued.  But our society has changed dramatically.  Self-appointed activist types breed hate, breed anger, breed destruction should anyone hold up a mirror or dare to disagree.  This environment, as you know, is not only in radio and television…it is in politics; it’s in every area of our society…in your neighborhoods, in your school districts, at work…

All true, and no less so because Dr. Laura herself has been an occasional participant in that culture of ugliness, as her gay listeners in particular know all too well. (She has since apologized for some of her more extreme remarks.)

It seems to me that there is a disconnect between Dr. Laura's remarks above, and the content of her appearance on Larry King.

"I want my 1st Amendment rights back, which I can't have on radio without the threat of attack on my advertisers and stations," Schlessinger said.

She emphasized that she is not retiring. "I will be stronger and freer to say my mind through my books, my YouTube Channel, my blog and my website," she said.

If she regrets the remarks for which she is being criticized, and regards them as a mistake, why does she require more freedom to speak her mind? (And what does the first amendment have to do with it?) Frankly, I'd rather that Dr. Laura retired than continue to treat her callers with such frequent disrespect, but even better would be a chastened host who maintained her various strengths while improving on her more galling weaknesses.

Here's hoping that her hate mail stops, that her post-talk radio career is an improved one, and that the number of people she helps — even her critics can acknowledge there have been many over the years — only increases.

When Does Disapproval Become Coercion?

by Chris Bodenner

In a sharp and nuanced post, Wendy Kaminer warns liberals who both condemn Cordoba critics and want Dr. Laura off the air:

[L]inguistic bans enforced by social disapprobation are not legal bans that violate First Amendment rights, and Schlessinger's critics have their own rights to shame or boycott her and other speakers they disdain.  But they have no right not to be offended, and if she should be wary of encouraging bigotry, so should her liberal critics, as the furor over the lower Manhattan mosque has shown.

Muslims have a legal right to build their mosque near Ground Zero, opponents are apt to acknowledge, but, like Dr. Laura, they are excoriated for exercising their rights offensively.  "Our position is about sensitivity," the ADL explains, stressing that its opposition to the mosque has been "deeply misunderstood" and expressing pain at being accused of bigotry.  But by elevating sensitivity over liberty, the ADL promotes bigotry (perhaps unintentionally but not forgiveably.)  The ADL also promotes what John Stuart Mill famously decried as the "despotism of custom."  Sensitivity policing by private citizens is protected by the First Amendment but undermines its foundational commitment to freedom of speech and religion.  It is sophistry, or self-delusion, to claim that sensitivity-based opposition to a Muslim community center and mosque is consistent with support for the fundamental right to build it.

A Flip in Perspective

by Conor Friedersdorf

Is Imam Rauf of Park 51 “with us or against us” in the War on Terrorism? That’s the stark formulation used by many of his critics, who complain about his various shortcomings. Stephen Schwarz rounds up his most controversial statements in The Weekly Standard:

— On March 21, 2004, he told the Sydney Morning Herald that the U.S. and the West would have to recognize the damage they have done to Muslims before terrorism can end. The Australian daily reported “Imam Feisal said the West had to understand the terrorists’ point of view.” The paper also cited Rauf’s arguments that “the Islamic method of waging war is not to kill innocent civilians . . . it was Christians in World War II who bombed civilians in Dresden and Hiroshima.”

— On June 23, 2004, Rauf told Chris Hedges, then a writer for the New York Times, that, in Hedges’s words, “Islamic terrorists do not come from another moral universe–that they arise from oppressive societies that he feels Washington had a hand in creating.”

— On February 7, 2010, Rauf told the Egyptian daily Almasri Alyaum, “I have been saying since the 1967 war that if there is peace between Israel and Palestine, in time the Palestinians will prevail.”

Excluded from the article, but ubiquitous in public discourse, is his remark about US foreign policy being an accessory to the 9/11 attacks. These statements aren’t exhaustive, but I think it’s fair to say they’re a representative sampling of the utterances his detractors find objectionable. I have mixed feelings about Imam Rauf. In a debate, I’m certain he and I would forcefully disagree on some matters, and I’m sure I’d find some of his opinions wrongheaded and offensive. It is nevertheless noteworthy that these are the most damning things he’s said in public life, that his views about the complicity of US foreign policy in the 9/11 attacks are held by many Americans, including Ron Paul, and that he’s never said anything nearly so radical or violent as Ann Coulter’s post 9/11 remark that America should invade Muslim countries, kill their leaders, and convert them to Christianity. Thus far I haven’t succeeded in convincing Imam Rauf’s detractors that they’re holding him to a higher standard than other Americans because he is Muslim, or that based on the evidence currently available, after intense public scrutiny, he is “on our side” in the War on Terrorism (if we must use the binary formulation). Perhaps it’ll help my case to offer a flip in perspective. Take a look at an imagined conversation between two radical Islamists in Saudi Arabia who are having their own argument about whether Imam Rauf is with them or against them. 

Jihadi 1: Maybe he is on our side. He does seem to sympathize with the Palestinians.

Jihadi 2: No more than lots of American liberals. Being pro-Palestine hardly makes him a soldier of Allah.

J1: He is also building a monument to Islam at Ground Zero.

J2: It’s two blocks away. And he has publicly promised that he is going to let Jews in.

J1: Really?

J2: Yes, he even reached out to two rabbis before announcing the project.

J1: Even so, he seems critical of America.

J2: Yes, he is mildly critical once every few years, when he’s not busy doing the bidding of their State Department, or helping to train their FBI agents.

J1: He cooperates with their FBI?

J2: He is very friendly with them. And he lets his wife go on television too. Without a burka or even a headscarf.

J1: I heard he attended a Hizb ut-Tahrir conference.

J2: It turns out that story is false. In fact, when radicals from the group confronted him, he defended the United States Constitution!

J1: Andy McCarthy thinks that he is a radical.

J2: You fool. Andy McCarthy also thinks that President Obama is allied with radical Islamists in a grand jihad against America.

J1: Seriously? That bastard Obama just killed an Al Qaeda cousin of mine with one of his drone strikes. At first I thought maybe he’s just trying to shore up his domestic political support, but then I realized that his administration is taking pains to keep most of them secret. Still, I hear than the mosque being built will signify the beginning of the United States of Arabia, and that it marks their surrender to us.

J2: That makes no sense. Their voters can’t even manage to pass gay marriage bans without them getting struck down and you believe people who say that they’re about to submit to sharia law? And how would the construction of a mosque even be a factor in transforming their legal system. I think you’re listening to too much of their talk radio.

Insofar as this conversation is unrealistic, it’s because every actual radical Islamist would know perfectly well that an imam who works with the FBI, tours on behalf of the State Department, denounces terrorism, defends the US constitution in an Arabic exchange with radicals from Hizb ut-Tahrir, has a good relationship with New York City rabbis, and preaches on behalf of women’s rights isn’t on their side. In fact, he is exactly the kind of imam that Islamist radicals target and kill when they dare to do these sorts of things in other countries.

The Copyright Balance

by Patrick Appel

David Post reignites the debate:

It’s not just that copyright protection lasts absurdly long, still protecting recordings made more than seventy years ago; it’s that copyright, inherently, operates to the detriment of the public when applied in retrospect, to works that have already been created. Lester Young, alas, can no longer be incentivized to produce these performances — they’ve already been created. We won’t get any more brilliant performances by Teddy Wilson if we protect these works. All we — the public — get from applying copyright here is a restriction on our ability to encounter magnificent works of art. Now of course, copyright is only ever applied in retrospect, and if we always ignored it when applied to already-existing works it would cease to exist, and would therefore no longer serve its incentivizing function prospectively.

And there’s your copyright balance; what we seek is a way to give creators enough of an incentive to create, but not too much, because too much gives us, the public, too much of an impediment to actually enjoying the works that have already been created.

The Free Market Of Speech

by Chris Bodenner

Linda Holmes gives Dr. Laura and Palin an introductory civics lesson:

[T]he First Amendment doesn't guarantee that speaking your mind will have no economic consequences. Proclaiming that those without thick skins probably shouldn't marry outside their race is always going to be, let us say, commercially risky if you're aiming for a broad audience — or if your sponsors are. General Motors and Motel 6 both reportedly pulled their sponsorship over the flap, prior to Schlessinger's decision to leave her show. But whether that's the right thing to do or the wrong thing to do, it doesn't implicate the government; it implicates the profit motive.

In fact, the organization of a boycott is itself the exercise of First Amendment rights — GLAAD, or the American Family Association, or Sarah Palin, or Laura Schlessinger, anyone can publicly advocate for an end to the economic support of someone else's speech. If you want, you can boycott them back — "Okay, if GLAAD is boycotting Laura Schlessinger, then I'm boycotting anybody who donates to GLAAD." It becomes reductive and unhelpful at some point, and it may or may not be justified, and one side or the other may be substantively right or wrong — but all of it, from every angle and every political position, is consistent with the idea of free expression.

Because the "free" in that concept means "free from government interference," not "free from consequences."