Topic: Political Philosophy

Free Speech and the University of Cape Town

Cato adjunct scholar Flemming Rose who recently won the 2016 Friedman Prize for Advancing Liberty has been disinvited from speaking at the University of Cape Town in South Africa. The academic freedom committee of the university had asked Rose to give the annual TB Davie Academic Freedom Lecture. The Vice Chancellor of the university rescinded the invitation. He argued that Rose’s lecture might divide the campus leading to protests and even violence. He also said having Rose “might retard rather than advance academic freedom on campus”. The last statement will remind many people of Doublespeak.

Fortunately, this injustice has prompted several principled defenses of free speech.

Kenan Malik, an English writer and broadcaster, who gave the TB Davie lecture last year, makes the case for open debate and defends Rose.

Nadine Strossen, a former ACLU president and current law professor at New York University, quickly provided a comprehensive critique of the decision. Professor Strossen adds her comments about Flemming Rose that she gave at the Friedman Prize dinner.

Ronald K.L. Collins, a law professor at the University of Washington who runs the First Amendment News blog, has challenged an administrator at the University of Cape Town to reply to these critiques. Collins has done the right thing: a bad decision has led to critical speech which now invites a response.

Finally, Flemming Rose himself has replied, citing his recent defense of free speech for radical imams: “A more diverse society needs more free speech, not less.” He continues:

It’s really a sign of poor judgment and bad academic standards to disinvite me on the basis of what other people say about me, when I have published a book that covers my own story, which tells how my views on politics were formed and analyses the history of tolerance and free speech. The book is not only focusing on Islam. I write about the Russian Orthodox’ Church silencing of criticism, Hindu-nationalists attacks on an Indian Muslim artist and so on and so forth. Why use second-hand sources when you can read the primary source in English and make up your mind?

Why not indeed? Rose’s book, The Tyranny of Silence: How One Cartoon Ignited a Global Debate on the Future of Free Speech published by Cato in 2014 may be found here or at your local bookseller.

 

Happy Second of July

As Americans enjoy the Fourth of July holiday, I hope we take a few minutes to remember what the Fourth of July is: America’s Independence Day, celebrating our Declaration of Independence, in which we declared ourselves, in Lincoln’s words, “a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.”

The fireworks would be today if John Adams had his way. It was on July 2, 1776, that the Continental Congress voted to declare independence from Great Britain. On July 4 Congress approved the final text of the Declaration. As Adams predicted in a letter to his wife Abigail:

The second day of July, 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.

The Declaration of Independence, written by Thomas Jefferson, is the most eloquent libertarian essay in history, especially its philosophical core:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Jefferson moved smoothly from our natural rights to the right of revolution:

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. 

The ideas of the Declaration, given legal form in the Constitution, took the United States of America from a small frontier outpost on the edge of the developed world to the richest country in the world in scarcely a century. The country failed in many ways to live up to the vision of the Declaration, notably in the institution of chattel slavery. But over the next two centuries that vision inspired Americans to extend the promises of the Declaration — life, liberty, and the pursuit of happiness — to more and more people. That process continues to the present day, as with the Supreme Court’s ruling for equal marriage freedom last year.

At the very least this weekend, if you’ve never seen the wonderful film 1776, watch it late on July 4 (actually 1:00 am EDT on July 5) on TCM.

How People Abroad Viewed Our Declaration of Independence

How did people around the world react to the American Declaration of Independence?

On Tuesday, July 9, 1776, the German printer Henrich Miller published the first translation of the Declaration, just four days after the English text was first published by John Dunlop whose printing shop was a few doors away in Philadelphia.

Many French people were eager to see the Declaration, but until 1778, when the French government announced its alliance with the rebels, producing a translation was a dangerous thing to do in France. Alleged translations were anonymous. The earliest-known French translation was published in the Netherlands.

Abroad, the Declaration had the greatest impact on debates leading up to the French Revolution (1789). The French referred frequently not only to the Declaration but also to the Virginia Bill of Rights, state constitutions and bills of rights and the U.S. Constitution. These documents, scholars Elise Marienstras and Naomi Wulf wrote, “acted as an indispensable guide or foil in the conception of their own principles.”

In London, the Russian chargé d’affairs Vasilii Grigor’evich Lizakevich learned the news about the Declaration and on August 13 wrote a dispatch to the first minister of the College of Foreign Affairs, Count Nikita Ivanovich Panin, making clear the significance of the Declaration: “The publication of this document as well as the proclamation of a formal declaration of war against Great Britain offer evidence of the courage of the leadership there.”

About Those One Sentence Free Trade Agreements

I sometimes hear it said that today’s lengthy trade agreements are about “managed trade,” and that a true free trade agreement would only have to be one sentence (or perhaps one paragraph.) Well, maybe, but it depends on what that sentence or paragraph says. Here’s a suggestion someone made on a trade policy blog I run:

A true free trade agreement would be one sentence. Any good that can be sold legally in a country can be sold legally by a seller from any other country that is a party to this agreement. The agreements are long because they are negotiating winners and losers. That is crony capitalism.

The problem with this proposed sentence is that it would be under-inclusive: It would not achieve free trade, in several respects.

First, the primary barrier to free trade is still tariffs, which are taxes imposed on imports. Tariffs don’t make trade illegal, they just tax it, and a rule that goods which can legally be sold in a country can also be sold by foreign sellers would not eliminate tariffs. And, by the way, that’s a big reason why trade agreements are so long – they list all traded products and place limits on the tariff level for each product. Many of the pages are taken up by these detailed tariff reduction schedules.

Now, you could have a one sentence trade agreement that said something along the lines of, “All tariffs are hereby abolished.” That would be a pretty good sentence in a trade agreement. So far, we haven’t seen a sentence like that, unfortunately.

In addition, there are some complex protectionist measures out there, not all of which ban the sale of foreign goods.  For example, you could have a tax measure which applies higher taxes to foreign goods than domestic goods. This would mean that foreign goods could still legally be sold in the country, and thus the free trade sentence quoted above would not address such a measure.

Along the same lines, some trade agreements impose constraints on the use of anti-dumping measures.  There might be an ideal sentence here (“anti-dumping measures are hereby abolished”), but that is not politically achievable right now, so we end up with many pages of rules that put limits on anti-dumping measures. It’s not perfect, but it helps.

To sum up, I agree with critics who say there are lots of problems with today’s trade agreements, as various interest groups have lobbied succesfully for specific regulations to be included in them.  We can definitely scale back from the 5,000 or so pages in the Trans Pacific Partnership. In the end, though, any free trade agreement is likely to take quite a few pages to set out all the various constraints on protectionism. 

Academic Intolerance: A Progressive Speaks Out

The academic year now closing has seen more than its normal share of student, professorial, and administrative moral posturing, so much so that we’re seeing signs of a healthy backlash. Two recent invitations came to me to speak on the subject, for example, one on academic freedom, the other more broadly on tolerance. And very recently we’ve seen that the campus protests over naming the George Mason University Law School after the late Justice Antonin Scalia were just settled after Virginia’s State Council of Higher Education declined to block the name change. 

But don’t think the battle against leftist academic intolerance has been won. Witness Nicholas Kristof’s op-ed in today’s New York Times, “The Liberal Blind Spot.” In a column a few weeks ago, Kristof offered “a confession of liberal intolerance” in which he criticized his fellow progressives for their hypocrisy in promoting all kinds of diversity on campuses—except ideological. The reader reaction? 

It’s rare for a column to inspire widespread agreement, but that one led to a consensus: Almost every liberal agreed that I was dead wrong.

“You don’t diversify with idiots,” asserted the reader comment on The Times’s website that was most recommended by readers (1,099 of them). Another: Conservatives “are narrow-minded and are sure they have the right answers.”

NYT readers aside, how skewed are the numbers in academia? Well at Princeton during the 2012 presidential election, 157 faculty and staff donated to Barack Obama’s campaign, 2 to Mitt Romney’s—a visiting engineering professor and a janitor. From 2011 to 2014 at Cornell, 96 percent of the funds the faculty donated to political candidates or parties went to Democratic campaigns; only 15 of 323 donors gave to conservative causes— perhaps a product of Cornell’s agricultural school. And that same ratio, 96 percent, describes the contributions of Harvard’s Faculty of Arts and Sciences to Democratic candidates during that same period. For a broad picture of the ideological complexion of American law schools, see the splendid article by Northwestern University Law School’s Jim Lindgren in the 2016 Harvard Journal of Law & Public Policy, published by the law school’s Federalist Society chapter. 

Numbers that skewed don’t come about by accident. As Kristof notes, “When a survey finds that more than half of academics in some fields would discriminate against a job seeker who they learned was an evangelical, that feels to me like bigotry.” Fortunately, a noted progressive has had the courage to call this for what it is. Kristof’s piece is worth reading.

Free Markets Are Popular Where People Need Them

Polls recently have found that millennials have a more favorable view of socialism than older Americans do. Of course, Emily Ekins suggests that those attitudes are likely to fade as they start paying taxes. But I was interested to read this in the Washington Post today:

another Pew poll found that 95 percent of Vietnamese felt that people were better off in a free-market economy.

Wow, 95 percent. Rand Paul should run for president there. Today’s Vietnamese, of course, grew up in a Stalinist political and economic system. Since 1986 the Communist party government has pursued “market economy with socialist direction.” That’s not a Western-style free(ish) market, but it’s a lot better than Stalinist socialism, and the economy has prospered. Sounds like the Vietnamese people want more market, less socialist direction.

U.S. millennials grew up in a market economy, and after the fall of the Soviet Union they didn’t even hear much criticism of socialist economies, so they can support some imaginary vision of “socialism.” Even there, though, Ekins notes that 

millennials tend to reject the actual definition of socialism — government ownership of the means of production, or government running businesses. Only 32 percent of millennials favor “an economy managed by the government,” while, similar to older generations, 64 percent prefer a free-market economy. 

Fifty Years after the Cultural Revolution

May 16, 1966, is regarded as the beginning of Mao Zedong’s Cultural Revolution in China. Post-Maoist China has never quite come to terms with Mao’s legacy and especially the disastrous Cultural Revolution

Many countries have a founding myth that inspires and sustains a national culture. South Africa celebrates the accomplishments of Nelson Mandela, the founder of that nation’s modern, multi-racial democracy. In the United States, we look to the American Revolution and especially to the ideas in the Declaration of Independence of July 4, 1776. 

The Declaration of Independence, written by Thomas Jefferson, is the most eloquent libertarian essay in history, especially its philosophical core:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The ideas of the Declaration, given legal form in the Constitution, took the United States of America from a small frontier outpost on the edge of the developed world to the richest country in the world in scarcely a century. The country failed in many ways to live up to the vision of the Declaration, notably in the institution of chattel slavery. But over the next two centuries, that vision inspired Americans to extend the promises of the Declaration—life, liberty, and the pursuit of happiness—to more and more people.

China, of course, followed a different vision, the vision of Mao Zedong. Take Mao’s speech on July 1, 1949, as his Communist armies neared victory. The speech was titled, “On the People’s Democratic Dictatorship.” Instead of life, liberty, and the pursuit of happiness, it spoke of “the extinction of classes, state power and parties,” of “a socialist and communist society,” of the nationalization of private enterprise and the socialization of agriculture, of a “great and splendid socialist state” in Russia, and especially of “a powerful state apparatus” in the hands of a “people’s democratic dictatorship.”

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