DraftKings Sports Betting National Championship Mayhem

Posted on January 14, 2019 by Tom Liberman

During the recent DraftKings Sports Betting National Championship held in New Jersey an interesting situation involving computer technology is causing a bit of a fuss and I find the whole thing very interesting from a legal, sports, and Libertarian perspective.

Recently the Supreme Court ruled the prohibition against sports betting was unconstitutional and the various states immediately went to work to allow it. I wrote a blog about this not long ago. In any case, New Jersey was early on the bandwagon and DraftKings hosted the event in which the winning prize consisted a cash payment of one million dollars. The entry fee was $10,000 and two-hundred gamblers paid the fee to enter.

The rules of the event are relatively unimportant for consideration here but basically each of the players wagered money on various NFL playoff games that weekend. Whoever accumulated the largest winnings during this time would receive the prize. The problem happened because the morning game ended only fifteen minutes before the afternoon game started. Betting was only allowed before a game began.

Some of the players were able to take their winnings from the early Sunday game and apply them to the bets on the afternoon game. However, because of a computer glitch, others were not able to make wagers on the second game. This severely impacted their ability to win the tournament. One player in particular, Rufus Peabody, would have won the first prize if he had correctly wagered an all or nothing bet on the second game. He was prevented from doing so because his winnings from the first game didn’t register until after the second game began.

This, in my opinion, created an unfair playing field. It will be interesting to see what the courts have to say and I wouldn’t be surprised if DraftKings didn’t offer a refund to those who were locked out of betting.

That’s the important thing. The courts can make a determination. Before the gambling prohibition was lifted such events were run as illegal operations and if anything went wrong there was no lawful recourse. The group running the event could move on their merry way. Now that we have legalized gambling, we also have legal remedies.

This simple fact proves the benefit of allowing adults, of their own volition, to engage in activities that might cause them harm. Laws against gambling didn’t stop people from making wagers or ruining their lives. The gambling went on as before but under the auspices of illegal operators. Because the activity is now legal, we are in a much better situation. Yes, people still ruin their lives gambling but society is better able to address the wrongs associated with the activity.

This is a lesson that should be applied to other areas of our legal code. In trying to prevent people from doing harm to themselves we only make the situation worse.

Tom Liberman

North Macedonia and the Libertarian Fight Against Nationalism

Posted on January 12, 2019 by Tom Liberman

An absolutely fascinating situation regarding Nationalism played out recently in that the Republic of Macedonia hoped to join the European Union and the North Atlantic Treaty Organization. They were blocked in these efforts by Greece. Why? Largely because of tribal Nationalism. Let me explain.

The reason for the refusal was the people in Greece think of Macedonia with pride in regards to Alexander the Great and a province in Greece is named Macedonia. The Greeks regard this as part of their heritage and are extremely proud of it. Many of the people of the Republic of Macedonia feel the same way. In order to get into the EU and NATO the legislature of the Republic of Macedonia agreed to change the name of their nation to the Republic of North Macedonia. This change was a matter of great controversy and many people are extremely upset.

The point of Libertarians is largely that it doesn’t matter what you call something. The individual is greater than the state. As a writer I’m aware of the power of words. I’m not here to say it doesn’t make any difference to the pride of the people of both Greece and the Republic of Macedonia. I’m just saying the name we choose to call something makes no difference. I’m proud that I’m from Missouri. From a municipality called University City. That I went to the University of Idaho. That being said, the names of those places have nothing to do with my pride.

I’m proud to have played Water Polo, Swimming, Soccer, and Tennis at University City with a bunch of the best guys in the world. I wasn’t the most social fellow in the world and it wasn’t all good times, almost exclusively my own fault, but those guys, those times, that’s what gives me pride. The idea of a name change is relatable to me. When I played sports at University City, we were the Indians. The awards I earned, to be found somewhere around here, bear that logo.

Long after I graduated, the school board changed the mascot from Indians to Lions. There was the usual attempt to prevent the change but the name alteration went through and now we are the Lions. Does that change any of my memories? Does that change the good times I had with all those great friends? Does that change the victories or the defeats? The simple answer is no, it doesn’t.

Alexander the Great and Macedonia remain as they were regardless of what a nation calls itself today. People are who they are, regardless of the circumstances of their birth or their current living conditions.

I’m not telling you to stop being proud of who you are or to forget your heritage. I am saying the name you choose to call something is irrelevant. It changes nothing. What is past is irrevocable. The Greeks were wrong to deny the Republic of Macedonia entrance into the EU and NATO because of a name. The people of the Republic of Macedonia were wrong to care so much about changing the name.

It just doesn’t matter. The state is merely a name, a circumstance of birth, a way to communicate information. It means nothing and hopefully, someday, all nations will dissolve.

The individual is paramount. You are not a name, a place of birth, a high school, or a college.

Tom Liberman

Russia and the Battle for Soft Power

Posted on January 10, 2019 by Tom Liberman

I just read an interesting article about how Russia is advancing their political cause by opening up educational opportunities to foreign students, this is an element of something called Soft Power. In the last twenty years Russia and China, perhaps realizing the United States military is largely unassailable, have been ramping up their use of this method of acquiring power in the world and we need be aware of this strategy.

I’ve written about how the United States is losing their edge in the education world more than once and you might want to peruse those articles here and here. Meanwhile, I’ll continue with this one.

The idea of Soft Power essentially means getting other nations to want to be like you. For the entire history of the United States we have enjoyed an enormous advantage in Soft Power simply because our Constitution guaranteed us freedom and with this freedom came upward mobility on a scale never before seen in the history of the world. Our colleges attracted foreign students in enormous numbers, and still do. These students went back to their home countries with stories about the plentiful opportunities the United States has to offer.

The effectiveness of this Soft Power was demonstrated particularly after World War II when it defeated the Soviet Union who, at the time, was much more interested in Hard Power. The United States offered hope and opportunity, a lady with open arms and a welcoming smile in the Upper New York Bay. When the United States came into existence there were very few nations in the world where the people were free, that has changed, largely because of our use of Soft Power rather than military exercises. Freedom has spread.

Success engenders imitation and the leaders of China and Russia, Xi Jinping and Vladimir Putin, are spending a great deal of time, effort, and money in that flattery. They see it works and are now implementing various strategies across the globe designed to demonstrate the value of China and Russia to the people of other nations.

Meanwhile the United States is going in the opposite direction. We have fewer foreign students than we had ten years ago. We are actively attempting to reduce the number further. We are sanctioning more and more countries making it difficult or impossible for our greatest Soft Power asset, capitalistic ideology, to do business with foreign states.

The United States is still a leader in propagating Soft Power throughout the world but we are heading in the wrong direction while our chief rivals are moving to supplant us. An America first plan ensures that we will become America third before too long. Relying on Hard Power didn’t work for the Soviet Union and it’s not going to work for us.

Tom Liberman

Yoga Mayhem Generated by Loss of Routine

Posted on January 9, 2019 by Tom Liberman

This morning in my yoga class there was something wrong with the environmental controls and I’m fascinated by how this relatively minor problem created a situation of so much unease. We humans like routine and when that is disturbed it can completely change our entire disposition. Let me explain.

At my new gym the yoga room environment is controlled by an automated system based on the class schedule. There are free-flowing advanced classes, called Vinyasa, in which the practitioners build up a good sweat. In such classes the room is generally kept cool. There is yoga in an intentionally heated and steamed room, called Bikram, in which the room is artificially turned into a sauna-like environment. And there are others, all with their ideal temperatures. Because the instructors of the previous class sometimes forgot to change the temperature to a setting comfortable for the next class; it was decided the new classroom should do it automatically. Hurray! Except when it doesn’t work.

This was the case today. When I arrived, it was clear the room was anticipating a Bikram class as there was a strong sense of moisture in the air and the yoga room was quite hot. The system began to cool the room not long after I arrived but that didn’t stop a virtual hurricane of anxiety as each new person came into the room and commented on it thus triggering replies from those already there.

About ten minutes into the class the steam came on and the room became decidedly warmer. The instructor kept her head, turned on the fans, propped open the door with a block, and largely remained calm. That being said, she was thrown off her game and the feeling of uneasiness crept into the room. I can only imagine how bad it might have become with a less calm instructor.

The class flow itself lost cohesiveness as the instructor attempted to keep the students calm while adjusting various exercises for the new paradigm. We took a Child’s Pose in the midst of active maneuvers because our instructor was concerned people might be overheating. Eventually the temperature ameliorated and the steam shut off.

Still, I found the entire episode instructive. It’s amazing how quickly a situation can turn from calm control into utter chaos. Luckily, in this case, our instructor was level-headed and the situation only mildly degenerated despite the feeling of panic that was hanging in the air for a little while. I can only imagine what might have happened with a less professional instructor.

It doesn’t take much to throw people out of their routine and into panic. It’s important in such situations to remain as calm as possible and carry on.

I’m not saying there was the potential for disaster but I can easily imagine some yoga classes degenerating into chaos under similar situation, with everyone babbling and losing the flow entirely. That would have been a waste of my morning and I’m glad it didn’t happen.

Tom Liberman

Paul Whelan a Speculative Analysis

Posted on January 4, 2019 by Tom Liberman

Paul Whelan was recently arrested and charged with espionage by the Russian government and this is making many headlines. There is a great deal of speculation as to whether or not Whelan was acting as a spy and I have my own thoughts about it which I’ll express here. I do want to be clear; my thoughts are largely speculative based on a limited amount of evidence. I could easily be wrong.

First a few facts about him. Whelan joined the marines as a young man but was given a bad conduct discharge for check fraud involving the use of someone else’s social security number. He visited Russia during this tenure and reportedly enjoyed his time there. He has tri-citizenship in the United States, the United Kingdom, and the Irish Republic. He has made any number of trips to Russia over the years. He was reportedly in Russia at this time to help a friend plan a wedding party.

Now comes the speculative part of my article. Whelan strikes me as someone who has an inflated sense of intellect and importance. He also strikes me as someone with delusions of grandeur. This is the sort of person Russian Intelligence, Federal Security Service, loves to exploit, see Paul Manafort. What I imagine happened is that intelligence agents became aware of Whelan and his ego. They sent someone, likely an attractive woman, to get a sense if he could be manipulated. They quickly discovered he was susceptible to such tactics.

From there it was relatively straight-forward. Have someone approach Whelan claiming to be disenchanted with the Russian government. Have that person claim to know important intelligence information. Whelan then plays the fool. He goes somewhere the FSS has wired for video and sound. He solicits this agent for secret information. The agent turns over a thumb drive with said information to Whelan. Whelan leaves thinking he has pulled off a major spying victory for the United States. He will be a hero! The CIA will welcome him with open arms, maybe he will get to visit President Trump. Boom, down come the clamps.

I repeat, I’m speculating based on the limited information I have. It’s entirely possible Whelan is completely innocent and was picked up by the FSS and a fake thumb drive is being used as evidence. That he is going to be used by Vladimir Putin to trade for Maria Butina or Russians held here in the United States.

It’s also possibly Whelan was actually working for the CIA. That he was on some covert operation and the Russian’s caught him.

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Still, I think my explanation has the ring of truth to it. It’s quite likely we’ll never know the full truth. What do you think?

Tom Liberman

Trace Riff and the Sad Reality of Mental Illness

Posted on January 4, 2019 by Tom Liberman

The story of Trace Riff is making the news because he was once an international male model who has done something terrible. Riff kicked a black toddler to the ground while screaming racist remarks and bragging about being a white supremacist. It all makes for fantastic clickbait headlines, something the mental illness and drug addiction that destroyed Riff’s life didn’t engender. That’s a shame. Before this incident I’m almost certain you, like me, never heard of Riff.

Riff was recruited by talent scouts at an early age because of his good looks. His fashion career got kicked off back in 2005 with a photo in Harper’s Bazaar with Gisele Bundchen. He spent the next few years traveling the world as a fashion model. Eventually that career came to an end, likely because he was mentally ill and couldn’t perform his duties, and he returned to his home in Wichita, KS. There his problems escalated until he was homeless and completely delusional.

The reality of this is that his family tried to help him many times. In reading the article we hear from his grandmother and his brother who tell stories of trying to aid him. They took Riff in. They sent Riff to drug treatment facilities. They attempted medical interventions. Riff didn’t want help and doesn’t want help. His grandmother says he’s completely delusional and I have no reason to doubt her assessment. He has been homeless for a number of years and seems to prefer it that way. He is well-known to the local police and his grandmother suspects it will be in an altercation with them that Riff will eventually be killed.

All this is terrible but it is so commonplace it didn’t amount to so much as a headline outside of a few local papers before he went on his racist rant. Now it’s national news. Mental illness is not easy to treat, particularly when the person so affected doesn’t want treatment. I’ve written about this subject before but this case is even more egregious. It’s entirely possible Riff will eventually become a violent threat and yet, despite the best efforts his family, not much is going to be done about it.

I’ll reiterate what I spoke about in that other article for a moment before going on. If a person is mentally ill and refuses treatment the solutions are not always easy. We don’t want to make it simple for the government to lock up just anyone who displays a few symptoms.

That being said, we really aren’t trying very hard. The amount of money it takes to help a person like Riff is considerable and it is likely he will never be able to integrate into society in a normal way. It’s an enormous and ongoing expense to pay people to treat Riff and to keep him housed, fed, and clothed. That money would largely come from tax dollars. It’s easier to let him live out his miserable, drug-addicted, homeless life away from our vision and hope he doesn’t turn overtly violent. It’s cheaper. That’s sad but true.

While I’m certain we can’t solve the problems of all mentally distressed people in this country, I think we can do better.

Tom Liberman

Was the Firing of Five NFL Black Coaches Bad?

Posted on January 1, 2019 by Tom Liberman

I just read an article written by Doug Farrar in USA Today lamenting the firing of five black coaches in the NFL. There were eight coaches let go by their various teams this year and those included Hue Jackson, Marvin Lewis, Steve Wilks, Vance Joseph, and Todd Bowles who are black. Farrar thinks this represents a backward step for the NFL in their attempt to improve minority hiring practices. I strongly disagree. I think it’s a beautiful and amazing step forward.

Back in 2002 a situation arose in which evidence-based metrics showed that black coaches with better records than white coaches were more likely to be fired and less likely to be hired for another job. This resulted in the Rooney Rule. This rule was designed to ensure NFL teams in the future would more fully consider minority candidates for the position of head coach. At the time of the Rooney Rule there had been a total of six minority head coaches in the entire history of the NFL. Since then a further eighteen have been so hired.

The fact that five black coaches were fired is, to me, a tremendously strong indication that the Rooney Rule has had the desired effect and that black coaches are being hired and fired on the merits of their record rather than the color of their skin. That’s a great thing. Everyone should be hired and fired on their merits rather than external factors like race. There is nothing in the color of a person’s skin that will make her or him a better or worse coach.

Let’s take a look at the events of this season in context. As I said, prior to 2002 and the Rooney Rule there were a total of six head coaches of color in the entire history of the league, one of whom was Hispanic rather than black. The fact is, this season an equal number of black head coaches were fired from their jobs as existed as head coaches in totality prior to 2002. If that’s not progress, I don’t know what is.

It’s fairly easy to look at events through the lenses of our choice and come to conclusions that conform to our biases. I’m of the opinion that’s what is happening here. People who see racism in the NFL, and I have no doubt that it still exists in some small corners of the league, want to find reasons to point it out. This is not one of those times. I think the coaches that were fired lost their jobs for performance and personnel issues that have nothing to do with race.

I feel confident that black coaches will be hired to fill at least some of those positions and also those of the white coaches that were fired. Sports is a great leader in this sort of thing. Jackie Robinson broke the color barrier in baseball in 1947, long before segregation ended. The Texas Western Miners defeated Kentucky in the NCAA Basketball Championship in 1966 which led to integration in the south as a whole.

Winning is the thing in sport and if a player or coach can help a team do so, race should not be a factor. I certainly don’t deny a long history of racism in sport but I’m of the opinion the firing of five black coaches in a single season is a testament to the death of such thinking, not its perpetuation.

Tom Liberman

Sports Leagues Draft Systems are Libertarian Hell

Posted on December 31, 2018 by Tom Liberman

With the conclusion of the NFL regular season we are once again talking about the draft. The draft exists for all professional sports leagues in the United States and it is a horrific affront to my Libertarian sensibilities on a number of fronts. I figured I’d spend the last day of 2018 tilting against that indestructible monstrosity that is the draft.

The very idea that a young professional exiting their schooling is drafted by one company and they are only allowed to negotiate and sign with that company should bother anyone who believes in freedom. The courts somehow decided because collective bargaining agreements were made between unions and the various sports leagues this means entry drafts are not subject to anti-trust and restraint of trade laws. Poppycock! If someone writes up a contract that gives me permission to kill, roast, and eat them, that doesn’t exempt me from murder laws.

Many people will argue that sports leagues could not survive without the draft. At the risk of repeating myself, poppycock! This sort of draft system largely only exists in North America. Everywhere else in the world the teams sign players from development leagues according to their financial capabilities. Even here in the United States, college athletics works on this type of system. Every top high school athlete is recruited by a number of colleges and the player decides freely where to play. It seems to work well enough everywhere else so the idea it can’t work in the United States is nonsense.

Then there is the very nature of the vile atrocity itself. The team that finishes in last place gets the first pick! What sort of horrible system is this? We reward failure and punish success? Where else would such a system be tolerated? At your work place? In your home? Hardly.

The solution is ridiculously simple. Get rid of the draft altogether. Each young player can negotiate with whatever team they want for a spot on the roster. If they don’t get a good offer, they can go to another team and try again. Eventually the market will find equilibrium. This is how life works everywhere else except in sports.

Tom Liberman

Bread and Water because Mom Did it that Way

Posted on December 26, 2018 by Tom Liberman

I just read an intriguing article about the elimination of Bread and Water as a punishment in the United States Navy. I’m not amazed by the punishment itself but rather how it started and why, until recently, it was still being used.

Bread and Water is a disciplinary action available to captains of naval vessels where they can punish a sailor by restricting her or his diet to simply bread and water. The modern terms of the punishment limit the amount of time to three days and ensure that the sailor in question is given as much bread and water as they desire. In 1909 the maximum time was reduced from thirty days to seven and sailors could no longer be chained while undergoing the punishment.

The bit I found most interesting is the idea for Bread and Water punishment was derived from a similar practice in the British Navy. At the time that naval power was largely considered the finest in the world so adopting some of their practices made a great deal of sense. However, the British Navy outlawed the punishment in 1891. That’s not 1981 in case you are a little bit dyslexic, as am I. It was banned in the British Navy over one-hundred years ago. Yet the Bread and Water punishment persisted in the U.S. Navy until 2019.

This is the equivalent of doing something for the sole reason that your mother or father did it that way. That is, to a large degree, an enormous component of human psychology. I wrote sometime ago about why so many people feel it should be required to teach cursive writing in school when it has little practical use in the modern world, particularly when it takes so much time from other, more useful, subjects.

We do many, many things simply because they have been done that way in the past. It’s not necessarily wrong to do something the same as it’s always been done, but it is important to examine what you are doing, why you are doing it, and the results generated therein. The fact that it’s been done a certain way for a hundred years or more has no bearing on whether or not you should continue to do it. True though this may be, it is not something most people are willing to accept.

If it was good enough for my father than it’s good enough for me. Wrong. If it’s good, then it’s good. If it’s not, then it’s not. Sometimes something that worked well in the past just isn’t useful today. Sometimes it was awful back then and it remains awful now. We must take the time to examine why we are doing things and the results generated from doing so.

The fact that U.S. Navy finally got around to fixing this is a good thing. The fact that it took a century to do it is a lesson for us all. Just because mom did it that way doesn’t mean you should as well.

Tom Liberman

Welfarm and the Demise of the Family Farmer

Posted on December 22, 2018 by Tom Liberman

I just read an article written by a family farmer, Jim Goodman, who recently sold his herd of forty-five cows because economic conditions made continuing untenable. The article laments the steady demise of the family farmer in the United States and the growth of both factory farms and what the writer calls Land Barons. These are wealthy individuals who purchase smaller farms but don’t actually work on them, they own them simply as investments. While I feel sorry for Goodman, I won’t shed a tear for a group of people who vote for the bed they sleep in with unwavering devotion.

Let me explain. Welfarm caused this entire mess and Goodman acknowledges all the factors that caused the problem without once accepting the slightest bit of responsibility for it. Goodman contradicts himself in almost every paragraph. He blames ineffective government subsidies, apparently wanting more, when it is this very Welfarm that caused the oversupply he so passionately understands is the root of the issue.

The United States has a system of government that includes the Senate. The Senate doesn’t care about population. There are two senators per state and this gives rural states disproportionate power in Congress. This power has been used since the 1970s to expand a policy of get big or get out. Those who own small farms eagerly and continuously voted for politicians who perpetuated this policy as they handed out enormous sums of money to the family farmer. I need say no more than Ethanol and cheese although there are many, many more examples of this strategy.

Basically, the taxpayers of the United States have been pouring money into the pockets of farmers encouraging them to grow more and more. These policies have encouraged the family farmer to produce more milk. These policies have aided the enormous growth of factory farms. What needs to be done? Stop Welfarm. Yes, it will hurt farmers initially, I do not deny this fact. However, what will happen is output will shrink to match actual demand and only then will farmers get what Goodman says is the only thing they want, fair prices. Sadly, that’s not the only thing they want. They want tax dollars by the bushel and this dependence on government has destroyed them. They got exactly that for which they voted.

If a Libertarian Revolution is to sweep this country, and I hold out high hopes that it someday will, it will begin in rural areas only when people like Goodman recognize the policies of their picked politicians led to the destruction of the family farmer. Goodman recognizes the problem but his vote perpetuates it.

Tom Liberman

Why Does the Federal Reserve Raise Interest Rates?

Posted on December 21, 2018 by Tom Liberman

The Federal Reserve and the President of the United States seem to be at odds over the idea of raising interest rates. I’m of the opinion that most people, including many of my fellow Libertarians, don’t really understand the base purpose of the Federal Reserve and the point of increasing interest rates. I’m not an economist by trade but the issue is relatively straight-forward and I thought I’d take a few moments to go over it.

As I said, it’s relatively simple. Pretty much since the beginning of human history there has been something called the business cycle, or in common parlance, the boom-bust cycle. Basically, when times are good and people have plenty of money, they tend to spend it on speculative interests in the hope of gaining much more money. In contrast, when times are not good and money is in short supply, people have a tendency to hoard what they have. These two things exacerbate the business cycle.

Essentially, because people are spending more money on potentially enriching schemes during boom times the bubble goes to extremely high levels before it bursts and creates devastating economic destruction. Once the bust takes hold it is difficult to stop the downward spiral because people are reluctant to borrow money.

The solution created by Alexander Hamilton and the founders was the First Bank of the United States. Its primary idea was to raise interest rates during boom times thus curtailing people’s willingness to borrow money and fuel the boom and to lower interest rates during times of bust to encourage people to take out loans and pull the economy from its collapse.

It did not stop the business cycle altogether and thus its opponents, who felt there was artificial manipulation of the economy at the expense of growth abolished it. The booms and bust then grew much worse and so the Second Bank of the United States was formed with essentially the same goals as the first. Once again, the business cycle continued although with tempered effects because of the policies of the bank. As can be expected, people grew unhappy with the bank because they felt it was impacting the booming economy negatively and so it was abolished.

Immediately thereafter there again began a more virulent series of business cycles until Congress established the Federal Reserve which still exists to this day. As expected, the business cycles continue to be a problem as we have seen recently. One of the things that has happened since President Reagan is that the Federal Reserve has acted more to promote economic growth but not to slow it. This means, naturally that the boom cycle is not properly tempered.

That is the point of the Federal Reserve in their recent raising of interest rates. They desire to slow economic growth to temper the boom section of the business cycle. These actions anger the President of the United States in the midst of that cycle. Politicians desire to brag about the good they have done and lay blame for the bad, but the business cycle is beyond their control. The Federal Reserve cannot stop the cycle, the people who make policy can only hope to temper the catastrophic effects of the inevitable bust.

That is why it is generally considered a bad idea for politicians to dictate policy to the Federal Reserve. Their actions are often, and for good reason, opposite of those wished by the politicians.

Tom Liberman

Camp Fire Workers and Freedom of Speech

Posted on December 16, 2018 by Tom Liberman

A news story making the rounds about Rob Freestone, and other Camp Fire Workers, who took vile pictures of themselves amongst the ruins of people’s lives after the tragic wildfire in Paradise, California, perfectly illustrates the concept of Free Speech as outlined in the First Amendment of the Constitution of the United States.

Freestone and two other workers took pictures of themselves laughing it up over the corpses of beloved pets, in destroyed homes, jumping on burned out trampolines with captions denigrating the owners, along with other pictures. That these pictures might upset the owners of the homes and their neighbors who had recently lost everything, including friends and family, is not at all surprising. What can be done about people who do such things? That is where the Freedom of Speech of the camp fire workers comes into play.

One group of people seems to think the men are free to say what they want without repercussions based on the First Amendment. A second group of people want the camp fire workers to be arrested and charged with a crime for their vile behavior. Both groups are incorrect. The concept of the First Amendment seems relatively simple to me. People are protected against an overly aggressive government attempting to incarcerate or fine them because of their words. However, the camp fire workers are in no way protected from ramifications devised by sources not the state.

The company that employed the men, Bigge Crane and Rigging Co. and their contractors PG&E are entitled to do as they will. They have done so. Bigge announced the three men were fired from their jobs and wrote an apology to the residents of Paradise published as a press release.

I don’t necessarily fully support Bigge for this decision, nor disagree with it, but I absolutely think Bigge has the authority to fire the men. If law enforcement agencies bring charges against the camp fire workers, which they are looking into doing, then I find myself on the side of the workers. The police should not be allowed to charge people with a crime for posting deeply offensive photographs.

Now, to demonstrate the difficulty of law, let’s suppose Bigge didn’t fire the workers and the state subsequently refused to give future contracts to the company because of that decision. This is where law becomes problematic and why we have a judicial branch. This situation not being the case, I won’t wade into the thorny issue.

The outcome as it stands cleanly and neatly illustrates the protections of the First Amendment. We are entitled to say what we will, with exceptions carved out over time by the courts, without fear of arrest or fine by the state. We are not free to say what we want without repercussions from our employers, family, friends, and random strangers on the internet.

You might find particular words to be offensive while another person supports and agrees with those same utterances. That is the point of the First Amendment to a large degree. The state, in the form of whatever political party is currently in power, will always like certain speech and find other words to be dangerous. The state, and the state alone, is very limited in how it can respond to such speech, this is a good thing.

Tom Liberman

Baby It’s Cold Outside and Political Affiliation

Posted on December 15, 2018 by Tom Liberman

The latest political controversy involves the song Baby It’s Cold Outside and whether or not radio stations should be playing it this Christmas season. I think the divide neatly illustrates a strong political division that embroils our nation. Basically, we have Democrats and Republicans on one side and Libertarians on the other. This is the special frustration of Libertarians because if you ask most Republicans and Democrats, they will vehemently deny they are on the same side of this issue. I’ll explain.

Whether your want a radio station to play Baby It’s Cold Outside or not is irrelevant. If you are making posts on Social Media, urging people to listen to or boycott a station because they are or are not playing the song; you are attempting to enforce your sensibilities on other people. You are one in the same either way. You are a force of coercion. Republicans and Democrats will come up with every excuse in the book to pretend they are not part of this concerted effort to enforce their will upon others who disagree. I’m not actually telling them, I’m not holding a gun to their head, I’m not passing a law about it. You are bringing pressure to bear in order to force others to do as you want.

The other side of that coin is a Libertarian. If a radio stations wants to play the song, go right ahead. If you don’t want to play Baby It’s cold Outside, that’s just fine also. If I have strong feelings one way or the other, I will listen to that song when it comes on or I will turn the channel. I will not attempt through boycott or other method of coercion to force my sensibilities on you. I trust you, as an adult, to make your own decision on the matter.

This misconception about Democrats and Republicans being on the opposite of issues is apparent in many different musical ways. One group has no problem with a country song that glorifies killing one’s wife and watching her bleed to death while the second has no problem with a hip-hop song encouraging the killing of law enforcement officers. And, of course, they absolutely decry and attempt the reverse from playing on any radio station because we must protect the children!

In summary: You are a lowly worm, afraid of your own shadow, thinking you are better and kinder than others, you believe that which you support should be forced upon everyone and that which you despise should be forbidden to all. I am a Champion of Freedom. When someone comes to take your music, I will stand against them regardless of the nature of that music. Despite this I extend my hand to you, join me, climb aboard, you are welcome here.

Should you decline my offer and continue on your current course; that’s fine also, you be you.

Tom Liberman

Fluid Dynamics and Physics not Needed for Blood Spatter Analysis

Posted on December 13, 2018 by Tom Liberman

If you’re a fan of crime drama then you’ve almost certainly heard of Blood Spatter Analysis. It’s a technique used to determine how a crime happened. It doesn’t work. That’s very clear. The experts testifying about it generally know nothing of Fluid Dynamics or Physics and earn a certification after a forty-hour course. Yet, it’s an accepted science in almost every part of the United States. Lovely.

I just read an amazing article about how all of this came to be. Basically, one fellow invented the so-called science in his basement and was convincing in the courtroom despite having no scientifically backed evidence to back it. Now a horde of experts, almost all of whom trained with and were certified by him at his forty-hour course are testifying against one another in cases across the country. It’s not hard to find someone who will testify a blood spatter is evidence of absolute guilt while another person from the same discipline argues for complete innocence.

People’s blood is different in consistency and even different throughout the body. Weather can play an enormous role in fluid dynamics. Gravity plays a part. The setting on the air conditioner will make a difference in how blood behaves in various circumstances. There is good reason no readily repeatable experimentation on blood spatters exists. Yet, the testimony has resulted in any number of people being exonerated or convicted.

There is currently an effort by scientists with strong backgrounds in fluid dynamics and physics to try and make this actually work but the problems persist. It’s largely a field mired in confirmation bias. The result you want to get is the one you get. There just isn’t enough consistency in results to come to reliable conclusions.

There is a lot of sad in all of this. But, being the Libertarian that I am, I’m going to reserve my outrage mostly for myself. Why didn’t I realize this entire methodology is bunk? There is nothing in the article that I couldn’t have figured out simply by thinking about it for a bit. Obviously, blood splatters are going to have huge inconsistences based on wind, temperature, pressure, blood thickness, angles, and who knows what else.

Yet I ate it up on crime shows and assumed it was based on scientific principles all this time. Bad Tom! Do better.

Tom Liberman

The State can Take your $42,000 Land Rover for a Minor Infraction but Why does It?

Posted on November 29, 2018 by Tom Liberman

*UPDATE*

The Supreme Court ruled in a unanimous decision for Limb. Well done justices.

*END UPDATE*

The Supreme Court is very likely to rule that Indiana violated the Eight Amendment for excessive fines when it took Tyson Limb’s $42,000 Land Rover because he sold a small quantity of illegal drugs to an undercover law enforcement officer. I could talk about the War on Drugs, I could talk about seizures, I could talk about Incorporation, but instead I want to focus on how and why individuals in the state of Indiana, and in many other places, have simply lost their human decency.

What happened to us that we are willing to essentially steal another person’s property for the violation of a law? The attorney for the state of Indiana argues the Eighth Amendment doesn’t apply to states and if Indiana wanted to take your Land Rover for failing to obey the speed limit, they can do so. Let’s say the lawyer is right. Let’s say the protections built into the Constitution were not bolstered by the Fourteenth Amendment; which has largely been used to give said rights to the people against states and not just the federal government.

Imagine the state could take your car for speeding or foreclose on your house for having grass growing slightly too tall. If you were the law enforcement officer, if you were the prosecuting attorney, if you were the judge; would you do that to someone else? Just because you had the power to hurt another person, would you use that power?

Do you say, “If you can’t do the time, don’t do the crime?” Have you lost your humanity and compassion so completely that you’re willing, eager, and downright gleeful when you get to take someone else’s property? When you get to enrich yourself based on the misfortune of someone else do you jump for joy, do so, and blame them all the while?

Because that’s where we are. Law enforcement officers, local politicians, local prosecutors, and local judges happily do this every single day while the people that vote for and otherwise support them not only allow it, but cheer it on.

How can any decent person argue taking the Land Rover acceptable? It’s legal, I don’t deny that. We can pass any law we want. If enough people want to change the Constitution of the United States to reinstate slavery or to make women property, it can be done. No vile and disgusting law is beyond our power to enact.

I’m asking you to look in the mirror and ask yourself why you allow this to happen. What happened to Tyson Limb is happening to other people every single day. Why don’t you care?

Tom Liberman

Thanksgiving and the Cell Phone Basket

Posted on November 19, 2018 by Tom Liberman

Should people use a Cell Phone Basket during their Thanksgiving Celebration this year? I’m seeing a trend toward this sort of thinking on my various social media platforms. The idea is simple enough, people are talking on their cell phones rather than participating in conversation with those present at the table. The idea of collecting phones using a cell phone basket goes beyond Thanksgiving but the family friendly holiday is certainly a focal point for the concept. Is it a good idea?

I think the majority of people will think it is. I disagree. It’s a concept that strikes directly at the heart of freedom. Some people abuse freedom and in order to stop them from doing so, the do-gooders of the world punish everyone. They are essentially saying: I don’t like it when you talk on your cell phone during dinner. I don’t talk on my cell phone during dinner. I’m going to force you to behave in a way that I think is appropriate. This is not just a problem at the dinner table but among the mainstream thinking of both major political parties. We think we know what is best for you, we think we know how you should behave, and we have no compunction about passing laws and putting pressure on you to conform to our way of thinking.

This mode of thinking is largely associated with Liberalism but I find that so-called Conservatives are just as, or even more, likely to try and force others to conform to their way of thinking. More and more, people think nothing of forcing through coercion, social pressure, or even legal maneuvering to conform to what they think is an appropriate standard.

Your standard is not my standard nor is mine yours. If you want to talk on the cell phone during Thanksgiving dinner, I think you are rude but I have no business forcing you to stop. If I don’t like it, the choices available to me are to leave the table or, should I be the host, not invite you in the future. As a host I think there is nothing wrong with suggesting people keep cell phone use to a minimum but I think it’s absolutely wrong to either force or pressure people to put them in a cell phone basket.

The world we live in today is filled with things very much analogous to a cell phone basket. How I position my body during patriotic songs, who I marry, what chemicals I ingest, what firearm I am allowed to own, if I should or shouldn’t visit the White House, if I talk on my phone during Thanksgiving. It’s just not your business. You certainly don’t have to be my friend. You don’t have to invite me to your events. You can ignore me. You can dislike me. You can even hate me. Don’t try to shame me. Don’t try to coerce me. Don’t try to force me. Ask me politely if you must. Be assured, I’ll do you the same courtesy.

Tom Liberman

Cyber-Security Minister Never Used a Computer

Posted on November 15, 2018 by Tom Liberman

There’s an absolutely fascinating story hitting the news about the Cyber-Security minister recently appointed in Japan. Yoshitaka Sakurada was unable to answer relatively simple computer related questions, eventually said he had never used a computer in his life, and went on to say he didn’t think it would be an issue.

Is he right? Is he delusional? Must the minister of Cyber-Security have intimate knowledge of computers? Must any manager have a strong understanding of the job her or his workers are performing?

At first glance it would seem a manager is in the best position to succeed if she or he has firm knowledge of the work being done, but management philosophy doesn’t necessarily support this idea. It is generally considered a good idea to promote an excellent worker into a management position over a project with which she or he is unfamiliar. The idea being that if the manager is overly hands-on it is detrimental to the project. The job of a manager is to get the most out of people, not do the actual work.

It’s quite possible Sakurada will be an excellent Cyber-Security Minister. His specialty might be in managing people and that’s good enough. It’s also possible that his lack of knowledge over the division he is managing might prove a liability in the minds of those working under him. He might end up being a terrible minister. The point is, we don’t know. That’s what performance-based evaluation is all about.

The person who promoted Sakurada to Cyber-Security minister needs to accept responsibility for the outcome of this move. That’s the way it should be. We can certainly say a person appears to be unqualified for a position. We can argue that a recent trade involving our favorite sports team was misguided. We can criticize or praise any such decision, that’s well and good. But we can’t know the outcome until we see the results.

What is vitally important is to assess the results with critical thinking skills. The person who appointed Sakurada wants him to succeed and we see, all too often, excuse after excuse, spin after spin, justification after justification, to explain why failure is actually success. That’s the real problem. Not the hiring of Sakurada or anyone else for that matter.

It is important to make the hire for good reasons rather than political expediency. That being said, it’s also important to withhold judgment until a body of evidence is presented. Good hires turn out bad and bad hires turn out well.

The best strategy is to hire the person you think best qualified and if they are unable to handle the job, accept responsibility and move on. The worst strategy is to hire someone not particularly qualified and make every excuse in the book to keep them in the position. Sadly, when it comes to politics, we often see the latter.

In this case, we’ll see.

Tom Liberman

Mike Gundy and Kids Today Nonsense

Posted on November 13, 2018 by Tom Liberman

The head coach of the Oklahoma State football team, Mike Gundy, is not happy the young football players under his charge are allowed to transfer from his school to another without his permission. Gundy made his displeasure known by claiming, among other nonsense, that kids today don’t have the toughness to stick with difficult things.

Hey, I can just do what I want and I don’t have to really be tough and fight through it.’ You see that with young people because it’s an option they’re given. We weren’t given that option when we were growing up. We were told what to do, we did it the right way, or you go figure it out on your own.

This is not the first time I’ve heard an older person wax poetically about their youth. How they all paid attention to their elders, how they all knew right from wrong, how all kids today are spoiled and soft. How it was my way or the highway world. It turns my stomach every time I hear it. First off, Gundy is a liar. He knows darn well he, and lots of young people he knew, did not always do what they were told or do things the right way. That coaches often cut them slack. It’s utter crap and everyone knows it. You know it, I know it, and Gundy knows it.

Young football players work harder and longer at their craft than kids did when Gundy was at school. The National Championship team of thirty years ago would be blown off the field by a good team today. The players are stronger, faster, and most importantly, far more educated in their craft. I say this not as a knock against former players, who were great kids also, but they didn’t have access to the training resources available today.

Young players today spend countless hours studying film. When you explain to a football player why this technique in this situation is better and then show them on film, you get better players than if you just say, do it this way. Not only do the kids work harder but having an understanding of why they are doing something makes them better players and better humans. Kids today have lots of stick to it, just as much as kids from bygone years.

As for the underlying reason for Gundy’s moronic statements; the fact a football player can’t simply decide to go to another school without the permission of the first school is antithetical to all my Libertarian thoughts. Coaches can, and frequently do, transfer schools without permission in chase of higher paychecks. The young football players just want a chance to play. Most transfers occur because the player in question is not getting playing time in his or her current situation.

Can you switch jobs without getting your current employer’s permission? Answer me that and then explain what about your personal life philosophy wants to take that freedom away from others.

Kids today, they’re great. Adults with bad memories and a chip on their shoulder, not so much.

Tom Liberman

Carlsen versus Caruana and the Slow Death of Nationalism

Posted on November 9, 2018 by Tom Liberman

The death of nationalism is on display for the next few weeks at the World Chess Championship being held in London at the College in Holburn between reigning champion Magnus Carlsen from Norway and challenger Fabiano Caruana from the United States, by way of Italy. In past eras I, and most other people from the United States, would certainly be rooting for Caruana because of his nationality. In today’s world, the nation someone is from is becoming less and less important, thanks to globalization brought by the internet.

Let’s put this in perspective. The last time someone from the United States played for the World Chess Championship was in 1972 when Bobby Fischer challenged Boris Spassky. The pride of the United States was at stake and nationalism was running rampant. Everyone I knew was rooting for Fischer, this despite the readily apparent evidence that he was a complete and total jerk. Spassky, on the other hand, was a man to be admired for many reasons.

Nationalism is a big topic these days but many young people just don’t pay attention to that sort of thing anymore. They know Carlsen because of his internet presence. They are fans of his because of this. His nation of origin is still of some importance to a number of people but that bias is slowly fading.

Certainly, many people in the United States are hoping Caruana wins just as many in Norway are rooting for Carlsen to retain his crown. However, because we’ve gotten to know the two through their internet presence, the circumstance of their birth is of diminished importance. We will continue to see this trend until there are no more nations at all, just people doing things they enjoy with others who enjoy the same thing, chess for example.

I happen to live in the fashionable Central West End of St. Louis where the Chess Club and Scholastic Center of St. Louis is located. I’ve actually run into Caruana on several occasions while out and about. He seems quite a decent sort. Many people are cheering him on because of his genial nature. Others prefer Carlsen for the fighting spirit he has exhibited throughout his entire chess career. He is prudent but goes for the win rather than taking the easy draw. Carlsen has set a precedent many of the upcoming chess players eagerly follow which makes chess a better sport.

Nationalism isn’t going away tomorrow or next week but it’s going away. That frightens a particular group of people who identify their self with the country in which they happen to live. That’s a shame. The good news is; more and more people don’t really care where you were born or live, just that you play a style of chess they enjoy watching.

As for me? I won’t be disappointed if Caruana wins but I’d like to see Carlsen continue on as champion for as long as possible. He’s been a tremendous standard bearer for the new era of the game. Carlsen’s time will come eventually, maybe even in the next couple of weeks.

Tom Liberman

Are the Samburu Heroes and Horrors?

Posted on November 5, 2018 by Tom Liberman

An animal rights activist friend of mine recently shared a Facebook post about the Samburu tribe’s conservation efforts in Northern Kenya, particularly in regards to Samburu National Reserve. If you were to read just this article you might think the Samburu people as astonishing heroes. Should, however, you read the Wikipedia article about their tribal practices in regards to young girls and women you would almost certainly come to the opposite opinion. Which is true?

This question dramatically illustrates the divide facing the people of the United States and those of the western style republics around the world. I’m here to tell you that Samburu are both heroes and horrors. I need not choose, nor do you.

I’m certain if my friend knew of the practices of Female Genital Mutilation and Child Rape associated with the Samburu she would never have shared the article about their wonderful efforts in conservation. Yet both the horrific practices and the heroic conservation efforts are part of the same package. As things currently stand, you do not have one without the other.

There is nothing wrong with my friend’s lauding of Samburu and their efforts protect the animals that share their little part of the world. They have done good and wonderful things. There is also nothing wrong with the many who lambaste them for their vile practices in regards to young girls.

Likewise, we should applaud a politician who does something that works and lambaste her or him when he or she does something wrong. This is, sadly, not the world in which we live. It seems we are becoming increasingly uncaring of actual deeds and the cause and effect of hateful words. We care more about who is delivering the message than the words themselves. We make any excuse to exonerate someone we support and find any sliver of blame to eviscerate those we oppose.

The Samburu are not completely vile nor wholly exemplary. They are a bit of both. We might weigh one against the other and come up with some sort of final balance but why not laud the good and oppose the bad? At the height of election season, I see ads claiming the wonder and glory of one side and the degenerate evil of the other.

Consider voting for the most decent human in the election. That would be the one who treats their opponent with dignity and respect, for isn’t that the way they would care for the nation?

I would, you might say to me with a sad shake of your head, but there aren’t any. I’m sad to agree. Do try to remember, there are more than two political parties.

Tom Liberman