ReasonTV interviews Cato adjunct scholar Harvey Silverglate on overcriminalization and the threat to free speech at American universities.

Almost anything associated with the Cold War appears to be an anachronism these days. New college graduates never saw the hammer and sickle fly over the Kremlin, the deadly wall cut Berlin in half, and defectors leave home in search of that most precious human commodity, liberty.

Even for those of us with a few more years such memories are fading. Still, 1989 remains an extraordinary moment.

The Soviet Union lasted another two years, but it was only a shell of its former totalitarian self. No longer did its citizens have to hope for a trip to the West for an opportunity to leave everything behind.

But that’s not the world in which Viktor Korchnoi grew up. He was born in Leningrad in 1931 and survived the 872-day siege during World War II. He displayed an aptitude for chess, winning the Soviet junior championship in 1947.

Korchnoi was not just a good chess player. In 1975 he lost a close match, essentially the semi-finals, to countryman Anatoly Karpov. Since American Bobby Fischer, who broke the Soviet stranglehold over the championship in 1972, refused to defend his title, Karpov was declared champion, making his match with Korchnoi the de facto title fight.

But he never was a compliant Soviet citizen. Eventually Moscow denied him permission to travel abroad and promoted his great rival and former friend, Karpov. The regime threatened to kill destroy his future.

When he finally was allowed to play in Europe in 1976 he failed to take the flight home. Although his defection was about career, not politics, he immediately became a non-person at home and a target of Soviet fury overseas.

He was old, in chess terms, when he fled at age 45. Yet he continued to knock on the championship door.

In 1978 he disposed of the other challengers to gain a shot at Karpov. The winner would be the first to six victories. Korchnoi fell behind 5–2. Then he won three of four games, tying the match. Alas, Karpov, the perfect Soviet role model, won the next game, along with the match. Korchnoi again challenged in 1981, but was overwhelmed 6–2.

Although he had escaped, his wife and son languished in the U.S.S.R., denied permission to join him. Indeed, his son was later imprisoned for resisting the draft. Moscow was only too willing to use them as hostages against Korchnoi. (They were finally freed in 1982.)

Korchnoi played in matches leading to the championship for another decade, but never again challenged for the title. He was doomed to be known as the best chess player who never won the championship.

In the 1984 competition the 53-year-old Korchnoi suffered a 32-year-age gap and lost early to Gary Kasparov, another malcontent in the Soviet system. Kasparov, of Azerbaijani and Jewish descent, went on to defeat Karpov. Soon the Soviet Union was tossed on the trash heap of history.

Korchnoi ended up as the oldest active grandmaster playing major tournaments. For years he was by far the oldest grandmaster in the top 100 and still a ferocious competitor. Even after a stroke in 2012 he continued to play.

Korchnoi truly was a chess legend, playing for more than a half century. His 80^th birthday was celebrated by Kasparov, now retired and fighting for democracy in Russia. And eulogies were many on his passing.

As I wrote for American Spectator, “thankfully, Korchnoi finished his life in freedom. His childhood was harsh; his career difficult. But he spent almost half of his life in the West, able to taste liberty even before the Soviet Union fell. Viktor Korchnoi is one more reminder of the manifold injustices of totalitarian communism. RIP Viktor.”

For-profit colleges. Accreditors. Endowments. Loan servicers. Debit card companies. Federal policymakers have blamed just about everyone associated with higher education but themselves for the Ivory Tower’s myriad problems. The most recent target just happens to be one specific accreditor: the Accrediting Council for Independent Colleges and Schools (ACICS), which accredits lots of those icky proprietary schools.

Now, ACICS might be as bad as its detractors say. I don’t know because, frankly, I don’t have the time or resources to launch a full and fair investigation into the group. Of course, that is itself a huge problem: Unless you have umpteen free hours on your hands, it is very hard to know whether “bad actors” are really bad, their accusers are jumping to conclusions or are political opportunists, or some combination of those things.

Here is what I do know: Washington gives out big sums of money to people to pay for college without meaningfully determining whether those people are prepared for higher education. That fuels rampant price, credential, and luxury inflation, and seriously mutes incentives for students to think critically about their higher education choices. In other words, “caring and generous” federal policy – policy that lets politicians telegraph how “concerned” they are with education, the poor, and the middle class – is very much at the self-defeating root of all of higher ed’s biggest problems.

So go after ACICS, the openly for-profit schools they accredit, and anyone else you think looks bad (while ignoring crucial context needed to see reality). But don’t expect doing so to fix higher ed. Expect it to just lead to other hunts when these scapegoats are dispatched, and the Ivory Tower getting no better.

Introducing their work, Butterly et al. (2016) write that rising atmospheric CO₂ concentrations are projected to increase the productivity of agricultural cropping systems in the future, primarily via enhanced photosynthesis and reduced evapotranspiration when water and nutrients are not limiting. One field crop that is economically important in many semi-arid locations is the common pea plant (Pisum sativum); yet according to Butterly et al., “few studies have examined the effects of elevated CO₂ on field pea.” Therefore, in an attempt to rectify this situation, the team of four Australian researchers set out to examine the interactive effects of elevated CO₂ and soil nitrate (NO₃^-) concentration on the growth, nodulation, and nitrogen (N₂) fixation of pea plants. Nodules house bacteria that “fix” atmospheric nitrogen into ammonia, which serves as plant food.

The study was conducted in a semi-arid location at the SoilFACE facility of the Department of Economic Development, Jobs, Transport and Resources Plant Breeding Centre in Horsham, Victoria, Australia. There, pea plants were grown for a period of 15 weeks in Vertisol soils containing either 5, 25, 50 or 90 mg NO₃^--N kg^-1 under either ambient (390 ppm) or elevated (550 ppm) carbon dioxide concentrations maintained using free-air CO₂ enrichment (SoilFACE). It was the hypothesis of the researchers that “nodule establishment (nodule number), development (nodule mass) and function (nitrogenase activity, N derived from the atmosphere) would be progressively inhibited with increasing NO₃^- (nitrate) concentration, but these effects would be reduced under elevated CO₂ via enhanced N demand due to greater photosynthetic activity and plant biomass accumulation.”

The results of their analysis confirmed the inhibitory effects of soil nitrate concentration on field pea plants growing under ambient CO₂. In the elevated CO₂ treatment, however, field pea plants had approximately 30 percent more biomass and were not affected by N level (see figure below). What is more, Butterly et al. report that “elevated CO₂ alleviated the inhibitory effect of soil NO₃^- on nodulation and N₂ fixation,” which impressive finding they say “is likely to lead to greater total N content of field pea growing under future elevated CO₂ environments.” And the end result of these findings, they add, “indicate that field pea may perform well in semiarid agricultural systems under future CO₂ concentrations irrespective of soil N status, and subsequent gains in N input via enhanced N₂ fixation will be important for maintaining the N fertility of cropping systems.”

Now that is good news worth reporting!

Figure 1. Shoot (Panel A) and root (Panel B) biomass of field pea grown for 15 weeks under either an ambient (aCO₂) or elevated (eCO₂) carbon dioxide concentration and with 5, 25, 50 or 90 mg NO3^--N kg^-1 soil.

Reference

Butterly, C.R., Armstrong, R., Chen, D. and Tang, C. 2016. Free-air CO₂ enrichment (FACE) reduces the inhibitory effect of soil nitrate on N₂ fixation of Pisum sativum. Annals of Botany 117: 177–185.

The United States is attempting to use its military to check Chinese military and political assertiveness in East Asia. Yet Beijing has not responded to American freedom of navigation operations in the South China Sea (SCS), increased troop deployments to the region, and deepening political/​military relations with former adversaries by changing course. Instead, China has reacted with its own form of military escalation.

In response to Beijing’s intransigence, prominent U.S. policymakers, think tanks, and scholars advocate policies that impose higher costs on Chinese actions. This singular focus on cost imposition is dangerous because it ignores the “benefit” aspect of coercive strategies and places China in a corner. Cost imposition has utility, but it should not be the only leg for U.S. policy to stand on. 

Coercive strategies work by manipulating a target state’s cost/​benefit calculation to prevent it from taking certain actions (deterrence) or force it to take certain actions (compellence) to the benefit of the coercing state. Advocates of greater cost imposition in the SCS want to deter aggressive Chinese actions by making the costs of such actions greater than the benefit that would accrue to Beijing. However, the high value that China places on the SCS implies a very high level of cost necessary for deterrence to be successful.

Complicating the task of deterrence further is the fact that China has shown a willingness to escalate its military presence and bellicose rhetoric when confronted. This suggests that any increase in costs inflicted by the United States will be replied to in kind by China. Such a dynamic is ripe for dangerous escalation, which undermines a stated U.S. goal of “peace and stability” in East Asia.

Instead of focusing on cost imposition, U.S. policymakers should devote more effort toward the benefit side of China’s cost/​benefit equation. China’s willingness to respond to American displays of military presence in kind shows that Beijing thinks it can gain more from escalating than backing down. It will be difficult to move Beijing away from its territorial ends, but Washington can counteract the ongoing escalation spiral by offering incentives for China to change its means in the SCS.

On the pressing issue of whether or not China will conduct island building in the Scarborough Shoal, the United States could agree to not go through with plans to set up “permanent logistics facilities” at five military bases in the Philippines so long as China does not engage in island building at the shoal. Such an agreement would benefit China by keeping the U.S. military presence in the Philippines at its current level while avoiding the diplomatic costs associated with island building. The United States would benefit from reducing escalation risks in the SCS. Washington could also retain the ability to impose costs on China through its position at Subic Bay, which would not be affected by this agreement. Importantly, the United States could make sure Beijing upholds its end of the bargain via satellite imagery of Scarborough Shoal.

The approach outlined above would likely be difficult to implement for a host of reasons, and it is certainly no silver bullet for solving U.S.-China tensions in the SCS. However, taking a step back from cost imposition will serve U.S. policymakers well in crafting an effective coercive strategy to prevent armed conflict. The most important task for American policymakers is to prevent deterioration in U.S.-China relations to the point that China has more to gain from conflict than cooperation. A “nothing to lose” mentality in Beijing would be a major problem. 

Back in December, Senate Democrats, with President Obama’s backing, attempted to prohibit anyone on the federal government’s terrorism watchlist from purchasing a firearm.

At the time, I criticized the proposal for its lack of process and its inevitable inefficacy at reducing gun crime or terrorism.

Yesterday, Senate Democrats launched a filibuster in order to push for the resurrection of the failed “No-Guns List.”

The substance of their plan has not changed, and my earlier criticism still stands:

How does a person prove they are not a terrorist? It’s virtually impossible. A no-flyer doesn’t receive the evidence against them or a hearing before being placed on the list. They are not allowed to confront their accuser. Even getting the government to acknowledge that a person is on the list may require lengthy and expensive litigation. A person on the no-fly list may not even know they are on the list until they’re refused service at the airport. A person on the broader terror watch list has no means of finding out. The system is devoid of anything resembling due process, a flaw The New York Times condemned as being intolerable in a free and democratic society and over which the American Civil Liberties Union is currently suing the Obama administration. The no-fly listing procedure has already been declared unconstitutional by at least one federal judge.

Including too many people on the list is inevitable. Nobody wants to explain, after a terrorist attack, why the attacker wasn’t in the database. And that overly inclusive quality has manifested itself in absurd ways already. Just a few examples of no-fly denials: the late Democratic Massachusetts Sen. Ted Kennedy, congressman and civil rights hero John Lewis, dozens of people named Robert Johnson, members of the U.S. military and federal air marshals.

The potential for false positives and mistaken identities is not just accepted as collateral damage by these no-gun list proposals; it is the entire point. Anyone who has actually been convicted or is currently charged with terrorism-related crimes is already prohibited from purchasing a firearm under federal law. The people adversely affected by this proposal will inevitably be people against whom the government lacks sufficient evidence to charge.

The fact that a person hasn’t been adjudicated as dangerous doesn’t preclude them from committing violence, of course. But just how much discretion should the president have in abolishing constitutional rights without charge or trial?

What has changed is the political climate in the interim.

The No-Guns List appears to have picked up some powerful allies on the right. Presumptive Republican presidential nominee Donald Trump has expressed support for the idea, and is apparently lobbying the National Rifle Association to come along with him. 

The GOP and the NRA are generally regarded as the two primary bulwarks against misguided gun control proposals. Adding their weight to this particular gun control proposal would bolster its legislative prospects immensely.

Even if, as some supporters have urged, the law requires hearings before a watchlisted person can be denied the right to bear arms, important questions remain. What exactly does the state need to prove in order to take someone’s 2^nd Amendment rights away? What is the burden of proof? Will judges allow the use of secret evidence, citing state secrecy concerns for refusing to disclose it? Will the individual be entitled to legal representation? Can he call and cross-examine witnesses? Can he appeal the ruling? Can he publicly discuss his case?

And those are just the legal concerns. There are also pragmatic issues. What information does the FBI convey to the gun seller when someone on the list is denied? Is the gun seller told that he’s got a terror suspect standing in his store? What if the person actually is an aspiring terrorist under government surveillance? Doesn’t this process inevitably tip him off? Would finding out that he’s on the government’s radar only encourage an aspiring terrorist to act quicker? Would it compromise legitimate surveillance operations?

The Boston bombers didn’t need guns. Nor did Timothy McVeigh or the 9/11 hijackers. Giving terror suspects a sure-fire way to figure out whether they’re being surveilled seems like a large price to pay for what may be a non-existent benefit.

Omar Mateen passed background checks. He passed training requirements. He had access to weapons as a security guard. He wasn’t even on the terrorism watchlist. Nothing in this proposal, and nothing in any of the other gun control proposals this tragedy has spawned, would have kept firearms out of Omar Mateen’s hands. The only way his rampage could have been prevented was for someone to kill him first. Unfortunately, laws that deny even sober people the right to carry weapons in establishments that serve alcohol meant that the law-abiding victims were sitting ducks.

Knee jerk reactions to horrible tragedies have proven to be a poor basis for good public policy. We have institutions like due process precisely for times when emotions threaten to overrun safeguards that are just as important for protecting the innocent as the guilty.

It’s hard to imagine a graver violation of the spirit of the 2nd Amendment than a law allowing the President to declare anyone an enemy of the state without so much as a charge and subsequently bar them from exercising their 2nd Amendment rights. But Republicans, lured from their stalwart support of gun rights by fears of terrorism, and Democrats, lured from their stalwart support of civil rights by their zeal for gun control, combined with an election cycle that has been defined by appeals to fear may be creating a perfect storm and a severe threat to liberty.

P.S. Two tweets this morning from sitting Congressmen highlight the divide.

Democratic Senator and gun control advocate Joe Manchin doesn’t inspire confidence when he says things like “due process is killing us.”

Luckily, not everyone in Congress agrees.

This morning, Senator Joe Manchin (D‑WV) was on MSNBC’s Morning Joe discussing police responses to the Orlando shooting. Here’s his key thought:

With all due respect, due process is the essential basis of America. The Constitution was established to “secure the blessings of liberty”—that’s the whole purpose of our government—and that government can’t deny us our life, liberty, or property without due process of law. If the government wants to deny someone’s liberty, it better have an awfully good reason and it better be ready to defend itself in court immediately—akin to what happens when someone is arrested or involuntarily committed. Otherwise, we’d live in a world where perhaps there’s less crime, but also life isn’t worth living.

Senator Manchin may want to live in a police state, but few of us would want to join him there. Count me out of the time machine to East Germany.