Nothing to Hide?

Here are two interrelated ideas about privacy and personal freedom. We know that most Americans value privacy and oppose mass surveillance. Of the large minority who think spying is okay, they justify it by saying it is because they have “nothing to hide”. 49% % said keeping the details of the government’s programs secret is more important than justifying their legality. Edward Snowden spoke last week about “nothing to hide in a Q&A on Reddit: (emphasis by the Wrongologist)

I think the central issue is to point out that regardless of the results, the ends (preventing a crime) do not justify the means (violating the rights of the millions whose private records are unconstitutionally seized and analyzed).
Some might say “I don’t care if they violate my privacy; I’ve got nothing to hide.” Help them understand that they are misunderstanding the fundamental nature of human rights. Nobody needs to justify why they “need” a right: the burden of justification falls on the one seeking to infringe upon the right. But even if they did, you can’t give away the rights of others because they’re not useful to you. More simply, the majority cannot vote away the natural rights of the minority.
But even if they could, help them think for a moment about what they’re saying. Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.
A free press benefits more than just those who read the paper.

On the other hand, YouGov’s latest poll shows that many Americans support making it a criminal offense to make public statements which would stir up hatred against particular groups of people.

• Americans narrowly support (41%) criminalizing hate speech
• Most Democrats (51%) support criminalizing hate speech
• Independents (41% to 35%) and Republicans (47% to 37%) tend to oppose making it illegal to stir up hatred against particular groups

Support for banning hate speech is particularly strong among racial minorities. 62% of black Americans, and 50% of Hispanics support criminalizing comments which would stir up hatred. White Americans oppose a ban on hate speech 43% to 36%.

In both of these cases, loss of privacy, and the suppression of hate speech, the practical question is, what does more harm?

With mass surveillance, we give up a constitutional right to prevent the very tiny chance of being killed by a terrorist. Contrast that with the certain chance of being spied upon, and the certainty of losing your 4th Amendment rights in the name of protecting you from terrorists.

In the case of hate speech, think about it: It’s always easier to defend someone’s right to say something with which you agree. But in America, we defend free speech, even if you strongly object, because that is a right contained in the 1st Amendment.

Liberals are divided by these two ideas. They are against the Patriot Act’s attack on unreasonable search and seizure, as contained in the 4th Amendment. On the other hand they have a real problem with unfettered hate speech, which according to the YouGov survey, makes them want to limit free speech, putting them on the wrong side of the 1st Amendment.

There is no moral calculus that addresses either of these issues with certainty.

How Cleveland shoots. Links:

49 Shots And The Cop Goes Free. On May 23, Michael Brelo, one of the Cleveland police officers involved in the 2012 shooting deaths of Timothy Russell and Malissa Williams, was acquitted of manslaughter by an Ohio judge, who found that while Officer Brelo did fire lethal shots at the two people, testimony did not prove that his shots caused either death. 49 shots by Brelo, through the car’s windshield. While standing on the hood of the car. And reloading. You have to wonder what it takes to get a conviction. Black robes, white justice. NOTE: all cops involved fired 137 shots. However, only one cop, who fired 49 times, was charged.

It’s been 6 months since Tamir Rice died, and the cop who killed him still hasn’t been questioned. Tamir was killed because he was waving a toy gun. There is explicit surveillance video of the shooting, and the officer who shot him has a troubling record. So why is the investigation taking so long? And adult white men can carry weapons openly, in large groups, in public restaurants and stores, and have no fear of being shot.

Continuing our exploration of springtime at the House of Wrong, here is an Indigo Bunting. They are occasionally at our bird feeders:

For those who read the Wrongologist in email, you can view the video here.

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Let’s Talk About Baltimore

Regarding Baltimore, the NYT says:

Hundreds of rifle-toting National Guard members began deploying here on Tuesday morning, lining one of the city’s main thoroughfares and taking up posts around a police station in western Baltimore that had been the scene of earlier protests.

From the start of the demonstration through Tuesday morning, 15 police officers were injured, 2 people were shot, both in the leg. And approximately 200 people were arrested. There is a night curfew. There are the predictable images of large groups of young black males, buildings on fire, up-armored cops and National Guard, and the shaking of jowls by media and politicians.

These stories are always depressingly similar: Police shoot a black guy. They obfuscate for several days. A protest turns violent, and some of those professing to be “victims” create victims of their own, mostly in their own neighborhoods. The police are happy to give them room to destroy property in black neighborhoods, but then draw the line when the crowd moves out of that prescribed area.

Something was bound to give in Baltimore. Check out this report from the Baltimore Sun, called “Undue Force“:

Over the past four years, more than 100 people have won court judgments or settlements related to allegations of brutality and civil rights violations [by the Baltimore police department].

According to state law, Baltimore cops cannot be sued for more than $200,000 for each “offense”. That statutory cap can be exceeded when there are multiple claims in a lawsuit, and if there is malice the cap may not apply. The largest settlement has been $500k. In total, the city has paid $5.7 million since January 2011, and that doesn’t count the $5.8 million spent by the city on legal fees to defend these claims against their police. Just a cost of doing business in Baltimore.

So, once the riot started the mayor and the governor called for calm. “Why can’t these people react non-violently?” Ta-Nehisi Coates of The Atlantic provides an answer:

When nonviolence is preached as an attempt to evade the repercussions of political brutality, it betrays itself. When nonviolence begins halfway through the war with the aggressor calling time out, it exposes itself as a ruse. When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con.

Here is a series of tweets by Billmon: (edited by the Wrongologist)

…but the cops did not destroy the black industrial working class, or finance the slumlords, or redline poor neighborhoods. Police brutality isn’t the only reason that #BlackLivesMatter.
… And not being unlawfully killed is a pretty minimal standard for “mattering.”
…And so the policy “debate” becomes limited to: “Black men: Should we let the cops kill them or not?” Which is fucking sick. Or: “Should America have an incarceration rate that’s 10 times higher than the rest of developed world? Or just 5 times higher.”

We are witnessing a continuing trend in US policing: Violence against inanimate property equals violence against “the people”. It brings a disproportionate response, whether it is the Occupy movement, Ferguson, or Baltimore.

“Urban riots” always conjure up bad images and bad responses, like the riots in 1964 in Harlem and Philadelphia, and in Newark in 1967, all of which were ignited by allegations of police brutality. In Newark, Governor Richard J. Hughes (R) called up the National Guard. When they arrived, reports were coming in of black snipers roaming the city, and terrorists with dynamite and arms heading towards Newark. The result was 26 deaths and 725 wounded in Newark, but no snipers or terrorists were found.

Maryland governor Larry Hogan (R), channeling his inner Spiro Agnew, vowed to quell rioting by sending in 1,000 National Guard troops. From the Baltimore Sun:

Hogan said New Jersey Gov. Chris Christie, a political ally of the new Republican governor, would sent 150 troopers plus additional resources to Baltimore.

Christie will never let a good crisis go to waste.

The ultimate outcome of Baltimore will predictably be calls for more law and ordering by the right, and more calls for inconsequential band aids by the left. Perhaps the policy debate ought to be broader than: “what will it take for police to stop killing black guys?”, although that would be a good start.

Police need to remember that since they have the authority and the power, they also have the responsibility to use both properly. It’s not the responsibility of the person they pull over, the person they want to question, or the person who is standing nearby, it’s THEIR responsibility.

Let’s face it, Americans live in a soft police state. Whites may not sense its severity or doom like urban black males, since their threat is to privacy. But the freedoms of most Americans have never been more threatened and violated by governments at the federal, state and local levels.

Here is Randy Newman singing his composition, “Baltimore“:

For those who read the Wrongologist in email, you can see the video here.

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Sunday Cartoon Blogging – December 7, 2014

Still thinking about the string of police cases, their very similar nature and outcomes. It isn’t a secret that America has a broad, diverse population and a terrible past trying to deal with our diversity.

Our past isn’t going away. Our diverse population isn’t going away either. It’s who we are. We occasionally celebrate it, boasting that we are a melting pot. But, we might be more accurately described as a smorgasbord, not a one pot dinner. That means you can avoid the pickled herring if you don’t like it.

But it’s always rude to ridicule people who like pickled herring. And many of us have moved way beyond rude to outright hostile, and the whole buffet table could be pulled down right in front of our eyes.

The food fight is already in progress, except it has real casualties. We are many kinds of American, and this is our home. Can we find a way to keep it?

It is all about your perspective:

COW About Race

 

More perspective:

COW Tom Tomorrow

Other perspectives:

COW Body Cams

 

Media explains how to spin the unspinable:

COW Trigger Happy Cops

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Some kids’ Xmas lists are out of reach:

COW Xmas list

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