Legally Prevented from Holding a Job – Leonard Fournette

Leonard-FournetteI regularly rail against the NCAA and their exploitation of athletes, er pardon me, student-athletes, for financial gain but today I move up the chain to the NFL which has a rule preventing a fellow named Leonard Fournette from getting a job.

It works like this. The National Football League refuses to allow any player who has used less than three years of college football eligibility to enter the NFL draft or join a team. Technically Fournette could simply play one game of college football, sit out the remainder of that year, two more years, and then be drafted. Many people are urging him to simply sit out the remainder of his college eligibility and then get drafted. It is fairly certain he would be one of the top picks in the draft which comes with it a salary of approximately $15 million over four years.

If he continues to play he doesn’t increase his potential salary, as he is already at the apex, but he does risk reducing the compensation either through poor play or catastrophic injury.

Every other student in the college, including those on various scholarships, can leave at any time for a professional career. There are no restrictions on any of them. None.

There are any number of reasons for the rule as it exists. The NCAA makes huge amounts of money on the athletes, er pardon me, student-athletes and serves as a free farm system for the NFL. The current rule ensures the NCAA that its best players must stay and perform for the price of an education that is a fraction of the salary Fournette would get if he left.

There are also many arguments as to why the rule is “good for the student-athletes”. One reasonable argument suggests that they might be tempted to leave school before they are ready for the NFL and thus not get the financial remuneration they expected. Another argument suggests that they are being “paid” for their services via the scholarship. I’m sure other people can come up with more arguments but I find them all lacking.

The bottom line is simple for this Libertarian. Fournette has a talent. He should be able to sell that to anyone who wants to bid on it at any time. He should be able to leave school today and join an NFL team that wants to pay him. Any restrictions to his freedom is a restriction to my freedom.

I’ll take it even further. I find the entire draft system as used by sports teams to be repugnant. Restricting a person to negotiating with one company because they “drafted” you? Ridiculous.

Further yet? Sure. The rookie compensation formula is clearly illegal. It removes the ability of the player to negotiate fair compensation for their services. The player is simply “slotted” into a particular salary based upon where they were drafted.

There are reasons for the draft and the slotting system. There are reasons for the NFL to restrict players from leaving the NCAA. I hear all those reasons. I acknowledge them. I understand they are helpful in many ways. Without them organizing a professional sports league is difficult. Yet, they are wrong. They should all be abolished. Free market, fair compensation.

Any legal and mentally competent adult, athlete or no, should be able to pursue the career of their choice at the time of their choice.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Competitive Gaming is Cool – No Matter what Colin Cowherd Says

colin-cowherdI’m sure a great number of people are not aware that something called Competitive Gaming, or eSports, is becoming a major sporting industry.

In a recent interview an ESPN commentator named Colin Cowherd said some fairly nasty things about people who participate in eSports, and by association those who watch them.

The rise of eSports can be seen on outlets like Twitch and competitive events have prize pools in the tens of millions of dollars. The sport is played on a highly competitive level by incredibly skilled eAthletes.

What I want to talk about today is not necessarily eSports or Cowherd but simply the idea that people who share an interest can get together and enjoy what they love at a level unprecedented in human history. Because people can thus freely associate the ability to monetize their interest through capitalism becomes a reality. This is important.

Why is this so important?

The phenomenon of people of like interests freely associating across all geopolitical boundaries signals the first stages of the end of the nation state. I’m a Libertarian and I have friends who are anarchists although I’m not one myself. We share many ideas and one of them is that people should be able to associate based on their interests, not on the happenstance of their geographic and political positions.

Until recently humans were only able to associate with those in close proximity to their geographic location. With the advent of faster methods of travel people were able to travel further to associate freely although the limits of political borders placed a heavy restraint upon that travel. With the creation of the internet those borders are quickly vanishing.

I love chess and I play games almost every day with people from places like Russia, Iran, Iraq, Latvia, Armenia, Texas, England, and many more. They likely have all sorts of opposed political ideologies. They almost certainly disagree about quite a number of things but they love chess. They gather at various websites to freely associate with others who love the game. Their desire to come together has spawned websites that make money from their association either by advertisements or by membership dues. The chess players willingly pay a price in order to be able to gather with those who enjoy the same thing.

I want you to imagine a world where you can associate with people who enjoy the same things as you. That you are not bound by a nation that herds you into a pen. You are not bound by political ideology and kept from those who love what you love. What would such a world look like?

Would people with political differences be less likely to engage in war with those they associate with on other levels? I think so.

Would the nation state be able to demonize other nations when the citizens of their nation freely associate with those across the border? I don’t think so, not as easily at least.

Can the nation state withstand the onslaught of free association regardless of borders or ideology? I think, I hope, no.

When people are free to do what they love regardless of borders why would they care about arbitrary lines drawn on a map? There are no borders on the internet, would that the world would soon follow. As travel becomes easier and faster we gain the ability to go where we want, when we want, with whom we want.

The end of the nation state? A pipe dream or a fast approaching reality. You tell me.

Oh, and, Colin Cowherd, you’re an idiot. If you don’t like something then don’t do it. Lots of people don’t like football but don’t feel the need to insult you because you do. Take note.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

What’s in a Word – a Constitutional Debate

ConstitutionI’m a member of a Libertarian website where they host regular web based shows and I was watching one of these, led by a man named Sheldon Richman, which discussed a Supreme Court case that caused a great deal of debate among Libertarians when it was adjudicated. I do not wish to discuss the case but an assertion made by Mr. Richman during his show.

It involves the nature of the meaning of words and the nature of interpreting the Constitution of the United States. In this case the debate came about over what is called the Taking Clause of the Fifth Amendment.

The key phrase being … nor shall private property be taken for public use, without just compensation.

Mr. Richman interpreted the last two words to mean whatever the seller demands. Legal scholars disagree. They have said repeatedly in law that it means the value lost by the current owner of what was taken.

In this blog I do not even mean to debate the meaning of those two words. Where I absolutely disagree with Mr. Richman is his assertion that we must use a textual, or possibly even strict constructionist interpretation of that document. That is that we must go by the words they used and not read meaning into them.

He argues that those who wrote the Fifth Amendment could have easily written … without fair market value compensation. That because they did not use those words they didn’t mean that.

Here is where I disagree with Mr. Richman. They could have just as easily used the words … meeting the owner’s set price.

They didn’t. They used the words they used. That is what we have. No more. No less.

I think Mr. Richman’s interpretation is far more fanciful than the currently accepted legal interpretation of those words. What I find maddening is Mr. Richman’s seeming insistence that he wasn’t interpreting. That he was taking the common meaning of the words while the legal precedent was somehow interpreting.

In this case the Taking party and that who is Taken from are clearly going to be in disagreement, otherwise the Taking would never happen. If the Taker had met the price asked there would be no need for Taking. I’m certain Mr. Richman is wrong and I would guess that he is certain I am mistaken.

In any case, both are interpretations. You might favor Mr. Richman’s or you might, like me, prefer the agreed upon legal interpretation. But you cannot pretend that one is an interpretation and one is not.

You must agree that words have no inherent meaning. They are merely sounds or squiggly shapes. We give the squiggles and sound meaning. To suggest otherwise is ludicrous. It’s not a question of interpreting or not. We are never not interpreting.

Richman interprets. I interpret. You interpret. We disagree, certainly, but we all interpret.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Marshawn Lynch’s Mother and Play Calling

Marshawn-Lynch-MomI’m a Rams fan and last Sunday we played yet another fantastically entertaining game with the Seattle Seahawks. The Seahawks seem to bring out the best in the Rams and I can only hope they treat every game hereafter as if it’s the Seahawks.

My post today is about comments made by Marshawn Lynch’s mother about the last play in the game. She was upset with the final call in which her son was asked to gain a yard on fourth down into the heart of the Rams defense. She suspects it was called because in a similar, although far more important, situation in the Super Bowl, Marshawn was not asked to run but a pass play was used with disastrous results.

I do not begrudge Mrs. Lynch the right to criticize any decision made on the field by a coach or player. I’ve done plenty of that on my own in the past. It’s part and parcel of being a sports fan to second guess on-field decisions. That being said I think her criticism analogous to an ideology that is hurting the United States these days.

It seems to me that people eagerly look for a scapegoat rather than trying to find real solutions. In this case Mrs. Lynch blames the offensive coordinator of the Seahawks for the issues.

It’s my opinion that in both cases she cites, there really isn’t a scapegoat but instead a hero. In the Super Bowl Malcom Butler made an exceptionally good play and stopped what would likely have been a touchdown most of the time. In the Rams game Michael Brockers drove the offensive lineman into the backfield forcing Lynch to adjust his path and allowing Aaron Donald to stop Lynch short of the first down. Again, in my opinion, the play call was quite reasonable and would have resulted in success a fairly high percentage of the time.

I find Mrs. Lynch’s search for a scapegoat to be a microcosm of attitudes in the United States. There is a much higher emphasis on finding someone to be at fault rather than admitting that some things are quite difficult. Forces arise that thwart even the best laid plans. It largely seems as if finding blame is much more important than finding solutions.

If we are nation that spends its energies trying to find blame rather than solution; a nation that elects politicians who are successful at blaming someone else without offering realistic solutions, what is our future?

If we instantly want to punish the perceived wrongdoer rather than find a way to prevent the wrong are we not doomed to endless wrongs?

I find the self-righteousness of what appears to me to be the average citizen of the United States nauseating. As if we are not humans who make mistakes. Just because you make a plan doesn’t mean it will work. I’ve failed. I’ve miscalculated. I’ve simply been defeated by the better person. It happens.

Do I think my shortcomings will suddenly be solved if I punish someone else? No. I try to do better next time. I learn from the mistake. I accept that someone else just beat me. The end result of that is that I become a better, stronger person. Would that we could become a better, stronger nation. Right now I see us becoming weaker and worse.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Why do we Need the State to Give Us a Marriage License Anyway?

Marriage-CertificateI’ve followed the Kim Davis story with moderate interest and most people seem to think there are two sides to the issue. I disagree. I think there is a third point of view that makes the first two irrelevant.

Why do we need the government to issue a license for two willing, legally competent, adults to sign a contract? Why? I ask a third time because it is the most important question in all of this. Why?

If you come to the conclusion that the answer is simply, “We don’t.” You have solved the entire problem.

Those who believe, like Davis, that it’s immoral won’t have to sign such a license because it won’t exist. Those who believe that state employees must carry out their duties without regards to their religion won’t have to worry about it because one of those jobs won’t be issuing marriage licenses.

Why is the state involved in marriage at all? The argument boils down largely to social engineering. It is to the benefit of the state to encourage marriage because society is stronger when it has more stable family units. That may or may not be true but it’s not within the realm of power of the state to encourage or discourage a private contract of this nature.

If two people want to get married, if three people are in a group relationship and want to get married, if two men want to get married, if a brother and sister want to get married; I see no justification for the state needing to issue a license. I know people won’t like that last example and I’m willing to begrudgingly agree that the state can make certain marriages illegal, but even then, if the state has agreed to make it legal, why do they need to issue a license?

If two or more legally competent people sign a contract stating they are married, that’s that. No more problem. No more Kim Davis. No more Constitutional debate. If it turns out later the contract is invalidated by law, say one contractor was underage, then the marriage is invalid. What benefit is there in having the state “license” a marriage?

You tell me.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

 

What’s in an Oath? A Trump Tale

Donald-Trump-pledges-allegience-to-GOPPresidential candidate Donald Trump made a pledge today affirming that he will support whatever Republican candidate wins the primary election.

Blah. I’m no fan of pledges and oaths. It seems to me anyone who asks you to swear an oath is basically doing one thing:

Trying to get you to do what they want you to do. You can’t play with us until you swear your oath.

It generally involves an organization that wants you to be loyal to them. The oath has no binding influence on your decision to remain loyal to that organization. They are merely words to that effect. There are certainly no legal remedies should the pledge be broken.

Here’s what I find quite interesting about oaths. They are taken extremely seriously by the honorable and used to gain advantages by the dishonorable.

The person who swears an oath with all honesty and integrity is not going to break that oath easily, but they would never do something against their principles in any case. The honorable swear an oath to something they believe in. They are going to keep that oath regardless of whether they swore it or not. The words merely reinforce their own beliefs. The honorable person who swears to defend their country, or to protect and serve, or whatever else, wants to fulfill that pledge. The words have meaning to that person but not beyond what is in their own heart.

A dishonorable person who swears an oath is simply doing it to give the illusion they are something which they actually are not. They make the pledge with no intention of keeping it should circumstances warrant them breaking it. They are taking advantage of honorable people who assume the words have meaning. To the dishonorable such promises have no meaning.

I have little sympathy for an organization that wants me to swear an oath. I don’t Pledge Allegiance to the Flag, not because I’m planning on being a traitor to my nation, but because I’m confident in my patriotism, I do not need to put it on display for anyone else, nor do I need to prove my loyalty to myself. Nor is my loyalty unconditional.

I have respect for those who make pledges and oaths fully intending to keep them. These are the honorable among us. I say to you, don’t worry about the oath. Know your mind. Remain loyal to that which you believe. Your actions make all oaths unnecessary.

To those who make pledges with no intention of keeping them. You don’t have me fooled.

As to this ridiculous pledge Republicans are making to support any members of their party regardless of any other circumstance. Well, I’d never vote for a person who swears to support an as yet unknown candidate. It’s closing your eyes and signing a blank check. It’s a foolish decision and I, for one, don’t want a president willing to do such.

I do not see Libertarians pledging to support a phantom nor is anyone asking them to do so. Most Libertarians I know support Rand Paul. Certainly not because he has made the misguided decision to run as a Republican, but simply for the policies he espouses and has enacted in his time in office. We Libertarians like to make decisions on the facts before us, not the ghostly phantoms of possibility.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

 

Love it or Leave It – What it Really Means

america love it or leave itI was invited on a fishing trip this past weekend with a great bunch of fellows. I had an excellent time fishing (not much catching), eating, and playing a little cards and one night as we sat around one of the fellows uttered the phrase about Loving or Leaving your Country.

I was a guest and a newcomer so I didn’t say anything and the conversation did not persist. I was thinking about that statement as the night went on and the next day. I don’t like it for a number of reasons. Up until today I always argued that the Constitution of the United States is very clear that dissent is welcome. We have a number Articles and Amendments in the aforementioned document that state unequivocally that people are allowed to criticize their country, to even hate it, and express those opinions freely and without threat of arrest much less deportation.

I don’t disavow those thoughts and I think they are valid but I suddenly realized why the statement that you should love your country or leave it is so wrong.

How do we define who loves their country? That’s the question. And the answer tells us why the statement is so very wrong.

Is it someone who never criticizes their country? Then no one loves their country for we all have our complaints. Is it someone who proclaims they love their country? Then it has no meaning because anyone can say such a thing.

The reality is quite simple.

Anyone who disagrees with me about the policies of this country must not love it. Conversely, anyone who agrees with me is a patriot who loves their country.

What I’m really saying when I say love it or leave it is: Agree with me or go away, your opinion is not valid.

That statement shows a stupendous level of conceit and ego. I’m right, you’re wrong. I want anyone who doesn’t agree with me to pack up and leave the country. I want all votes to be unanimous in line with my opinion. I tolerate no dissent. I want total control.

Love it Leave it? Hardly.

Tom Liberman

Cheating to Win – Kendall Schler at the St. Louis Marathon

kendall-schlerI have several friends who run marathons and specifically St. Louis area marathons so when I saw a story about how a woman cheated to win this year’s GO! St. Louis Marathon I was intrigued.

The story gets even worse because the woman, Kendall Schler, apparently successfully cheated to finish third in last year’s race. When she won this year a more thorough investigation was performed and it was determined that she did not run in the race at all. She simply jumped in right before the finish, reminiscent of Rosie Ruiz in the 1980 Boston Marathon.

At first I thought it was a rather amusing story because her attempt to cheat was relatively laughable in that she tampered with electronic tracking equipment but when I learned that she managed to pull off the trickery the previous year and I got a little upset. I’m not going to try and analyze why Schler cheated. I play online chess and cheating is epidemic in that milieu. People cheat for reasons that seem bizarre to me but they still do it.

What I want to analyze today is the overall anti-Libertarian effect that cheating incurs and how a society of Libertarians would deal with such things. The thing about being a Libertarian is that you largely believe people should succeed through their legitimate efforts. When one person cheats to get ahead that not only subverts society by putting a lesser qualified person into a position of power but also denies more highly qualified people at every level.

The person who finished in second should have won, yes, but the person who finished  in eleventh place would have finished in tenth and gotten some particular reward. The cheater cheats every other person behind them and society as a whole. I’m thinking rather broadly here, not just about a race but about business, relationships, and life in general.

Let’s imagine we Libertarians have taken over the world. We have in place a society where achievement is the highest goal and the majority of people simply do their best at everything they attempt. How do we deal with people like Schler? In a Libertarian society there might not be electronic tracking in race bibs because we assume people will not cheat. How do we safeguard our society from such as Schler without becoming the authoritarian state we so detest?

It’s not an easy question to answer. In my opinion we actually must allow Schler to win. Our suspicions aroused, we (all the other racers and officials) now watch her more closely next time. When we try to create rule after rule to safeguard against Schler and her ilk we end up creating a system designed to thwart cheaters rather than promote achievers. Sure, Schler gets the win but does she benefit in the long run in a Libertarian society. My answer is no. She is quickly discovered and shunned.

However, in a non-Libertarian society with millions of rules the cheaters, provided they are stealthy enough, can prosper, as did Schler last year. No one watches too closely because they assume officials and existing rules will eliminate cheaters. Meanwhile the cheaters know the rules and use various methods to skirt them. How many cheaters are out there right now, unbeknownst to the rule makers?

It’s a tough question and the Libertarian answer is not easy to digest and understand. Still, I think it’s the right answer for society and for the world.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Black Sphere
Next Release: The Girl in Glass I: Apparition

Daredevil Motorcycle Rider Arrested

Daredevil Motorcycle Rider ArrestedI just saw an interesting video at Yahoo News about a fellow that was riding a motorcycle while standing on the seat. He was chased down by the police, pulled into a gas station, and was arrested.

My question is what was he doing wrong? From the video he was keeping in his lane properly and wasn’t speeding. Now, that doesn’t mean he wasn’t breaking traffic laws while not on video but, from what I saw, I see no reason to arrest the guy.

I think the initial reaction of most people will be that he was riding recklessly and endangering those around him. That was certainly my first thought. I’ve been on the highway when motorcycle riders were engaging in reckless actions. Speeding, dodging between cars, and other violations that I think warranted a ticket.

After watching the video a few times I don’t see this arrest as warranted. He seemed to be as much in control of his vehicle as anyone else. He didn’t seem to be speeding. He wasn’t wildly changing lanes or doing anything that appeared to endanger those around him. There’s no doubt that what he was doing had a higher potential for causing an accident than driving from the normal seated position but can we start arresting people because it appears they might be doing something that could be dangerous but isn’t?

Can a police officer arrest you for steering with your leg if you are maintaining your lane properly? Can a restaurant be shut down for looking dirty but obeying the various regulations that govern the food service industry?

There are laws in various states about distracted driving but this fellow was clearly pretty focused on what he was doing.

I’m not opposed to traffic laws. I’m certain that the greatest danger I face on a daily basis is people in their cars who are driving poorly. That being said, if this guy was sitting in the seat no one would think that he was driving dangerously. His driving is solid. He obeys the traffic laws.

There is certainly the possibility that he was driving dangerously at some point earlier and if such video comes out I’ll understand the arrest. But, barring that, I think the arrest was an example of the police state in which we live. We live in a nation in which an officer who doesn’t like the way you’re doing something can decide to arrest you even though what it is your doing isn’t against the law.

What do you think?

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Black Sphere
Next Release: The Girl in Glass I: Apparition

Ferris Bueller’s Day Off from a Libertarian Perspective

Charlie Sheen Ferris BuellerMy favorite comedy show these days is The Goldbergs and every week I look forward to the day Hulu releases the next episode. This week they paid tribute to Ferris Bueller’s Day Off and, as usual, there were some great moments not the least of which was Charlie Sheen’s conversation with Erica.

Anyone who has seen the movie remembers the astounding advice Charlie’s Sheen’s character gave to Jeanie (Shana, Jennifer Grey) and watching it again sent chills down my Libertarian spine. In a few short sentences Sheen gets to the root of why Jeanie is so angry and points out why it is wrong, so very wrong. That scene is an Objectivist Libertarian anthem.

The entire movie is really about taking advantage of life’s opportunities. I’ve heard people say it’s about kids pulling one off on adults but that’s not it. The parking lot attendants demonstrate this with great clarity. It’s about not being mad at your brother because he gets to do stuff you don’t get to do. It’s about doing things yourself!

“Your problem is you,” says Sheen and he’s right. “You ought to spend a little more time dealing with yourself and a little less time worrying about what your brother does.”

I say we should spend a little less time worrying about who is smoking marijuana or who is getting married to whom. We should spend a little less time worrying about who hired an illegal nanny, a little less time worrying about one sentence in one speech by one politician. We should spend a little less time blaming the other political party for everything that is wrong in this country. We should spend a little less time worrying about who got what kind of plastic surgery.

We should spend a little less time listening to wild-eyed fanatics who predict the end of the world if someone they don’t support is elected to a political position. We should spend a little less time listening to pseudo-scientific claims that have no evidence to back up their conclusions.

What is wrong with this country when Charlie Sheen has got it right and the fanatics to whom you listen and watch in the media have got it all backwards?

Now, I recognize Sheen was reading lines, acting. I’m under no illusions that he’s got the right idea about how to lead your life. But, by golly, for one moment there at least, he got it totally right. He nailed it. He summed up that movie.

Go out there, Jeanie’s of the world. Don’t complain and blame everyone else. Achieve great things! It’s inside you. You can do it. I believe in you and so does “Boy in Police Station”.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Black Sphere
Next Release: The Girl in Glass I: Apparition

1984 or Men Like Gods?

Utopia or DystopiaUtopia or Dystopia? That is the question.

I was skimming through various news headlines, as is my daily habit, and felt a familiar sense of bemusement as I noted story after story that seemed to have little relationship with the truth. We now live in a time where information is more freely available than it has ever been. Communication of ideas cannot be suppressed but it can also be channeled in a way never before known in human history.

More people can think and learn independently and at the same time more people can be directly influenced by a set upon story decided by a few people in power. A single narrative broadcast through various outlets and repeated endlessly as truth both loudly and with conviction.

I think this duality brings us, at this moment, closer to both Utopia and Dystopia than ever before.

So the question is whether we are heading toward Men Like Gods or Nineteen Eighty-Four?

Will we grow into a society which believes in privacy, free movement, unlimited knowledge, truthfulness, and free discussion and criticism?

Will fear of such a society inspire those who desire control to create a world of tyranny?

Generally I’m pretty optimistic about this subject. I think people will embrace freedom and those who wish to impose tyranny will never be able to convince the masses otherwise. Still, as I peruse article after article that spouts nonsensical ideas. As I read statements that lack any factual basis from men and women whom I consider to be intelligent; I begin to wonder.

Is it a race? Will one emerge victorious and the other fall by the wayside or is it our lot in life to vacillate between the two ideologies? I do not offer any conclusive answers. These are difficult questions and perhaps they will never be satisfactorily answered.

Here’s what I think.

As individual freedom spreads so also will fear of freedom. I think it is a race. As I, and those like me, demand more privacy and less government those that want to control us will redouble their efforts to suppress us. They will gather their forces and unify their Talking Points. They will promise safety and promulgate fear. Many people will believe anything they are told if it is said often enough and with absolute conviction. Truth can be overcome and lies can win. There is a terrible danger.

Evil might triumph.

Think for yourself. Don’t believe a statement because it matches your ideology. Question. Be skeptical. Demand logic and proof. Examine evidence with an open mind. Go where the facts lead, not where you heart wills.

If enough people can fight and win that difficult battle, I’m confident Utopia awaits.

See you there!

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Black Sphere
Next Release: The Girl in Glass I: Apparition

I hope so too, Movie Monday – Vision Quest

Shute Vision QuestI happened upon a movie, Vision Quest, I saw long ago and realized it has more to say to me now than when I was a foolish young college student. Not to say I didn’t love the movie then, I did.

Vision Quest is a movie about a young man on a mission. It was filmed in Spokane, Washington in 1983 which was just down the road from where I was attending college at the University of Idaho from 1982 to 1985. So people were pretty hyped up about it. I was a cynical and unhappy person back in those days and I wanted to dislike the movie because all my friends loved it. Even then I came out of the theater realizing it was a good movie, now I realize it is a great movie.

It’s the Journey

It tells the story of an accomplished young wrestler named Louden Swain, played by Matthew Modine, who wants to wrestle against the reigning state champion from a lower weight class. An already legendary wrestler named Brian Shute. Modine’s character must make-weight to wrestle in the lower class but this is not the driving force of the movie. During the course of the movie he falls in love with a young woman, played by Linda Fiorentino, who is staying with he and his father as she makes her way to San Francisco.

There are a couple of things in this movie that make it a Libertarian story. In the beginning of the film when Modine states his intention to drop a weight class and wrestle against Shute they do not gloss over the fact that this means he must displace the current wrestler at that weight class. This wrestler is played by Michael Schoeffling as Kuch. Here we have the first fantastic message of the movie. Louden defeats Kuch but Kuch does not go off into a corner and weep. He does not plan and plot against Louden. He helps his friend in the quest. He realizes he was defeated and goes about his business like a man. That’s a fantastic message. A message which doesn’t focus on revenge but simply doing the best you can despite any setbacks life throws your way.

The movie, based on a book by Terry Davis, slowly and beautifully shows us that it is Louden’s attempt that makes him a winner. He sees something that will be very difficult and takes the steps necessary to succeed. Will he succeed? Will he fail. In the book we don’t find out because it ends just as the match begins but the movie, of course, had to give us closure. I prefer the book’s ending. It is the journey, the Vision Quest, that makes us better. Not winning or losing.

I Hope So Too

The greatest and most important point in the movie, from my perspective at least, is when Louden and Kuch go to visit Shute as he is working out. Louden shouts out to Shute who looks up and they engage in a short but astoundingly powerful conversation. Shute asks Louden if he will make weight, thus enabling the match between the two. Louden says he hopes so. Shute replies, “I hope so too.”

That right there is everything I try to convey in all my blogs, in all my novels. “I hope so too.” In most movies Shute would be portrayed as the bad guy. We’d see him hitting his girlfriend or bullying a smaller kid. Not in this movie. In this movie Shute, the bad guy, is looking forward to the tough challenge as much as is Louden. Why? Because he also knows that to be strong you must test yourself against others who are strong. Man, what a scene! That’s the kind of writing I strive to achieve.

That’s a motto to carry forward in life. Welcome the challenges and strive to win but don’t be despondent in defeat. You will live to fight another day, another battle, and you will be the stronger for it. This message that victory is everything corrupts. It is a bad message, a wrong message. Fight hard, fight fair, do your best and you’ll be a winner, even in defeat.

Tom Liberman

Still Rolling on – U.S Government v. Kim Dotcom

Kim DotcomI’ve written about the now almost three year saga of Kim Dotcom who was arrested in New Zealand at the behest of the U.S. government who in turn was working for their corporate masters the RIAA. Whew.

I wrote here how the arrest itself was largely illegal, based on illegal surveillance, and he was mistreated while in prison.

I followed up with a misleading headline that called Dotcom a cyber-fugitive. More on this in a moment.

The story continued when a judge ruled that the nation of New Zealand is not allowed to keep his possessions indefinitely.

As part of the deal returning his possessions the United States now argues that Dotcom is a fugitive and not entitled to use his money to defend himself in court. It’s a ridiculous argument because Dotcom is exactly where he was when he was arrested. The United States wants to Extradite him but he is opposing this which is completely legal. Government stooges working for the recording industry are simply throwing every procedural obstacle they can in the way to further bankrupt their enemy. No one really cares about “winning” the case. They are punishing their opponent financially.

I called the government’s argument ridiculous but I want to explain why. Dotcom is trying to sell his car to help pay for his legal defense. The government wants to say because he’s a fugitive he can’t do so. I want you to imagine a world where government forces can arrest you for anything they desire and without a trial seize your money and possessions for years and when forced to release some of it simply claim you are not allowed to use it for legal defense. To sum up. The government can come by your house, take almost everything, and not allow you to use what’s left for legal defense despite the fact that you haven’t been found guilty of anything.

The original raid was madness. The seizures despicable. This application of the Doctrine of Fugitive Disentitlement is frightening. It is an extension of police force that is essentially unlimited dictatorial power. No one can be secure from such power. Even the wealthy can easily be curbed of their rights when the government simply make it illegal for them to use their money without even a trial.

I rightly worry about the extension of police power at a local level and I’ve written about seizures laws on a number of occasions and this is merely an international version of the same thing. At what point does the government and particularly their police arm present more of a threat to the population than criminals? I honestly think we are there.

I’m a 50 year old white man with enough money to not worry about retirement. When someone like me is honestly afraid of the police there is a serious problem. When I see police at every level doing the work of the highest bidder and far more concerned about seizing money and destroying enemies than preventing crime there is a problem.

I worry that someone in power might decide I’m the bad guy. Charge me with a crime and take my things. To all apparent appearances such could easily be done and there is almost nothing I could do about it.

Maybe we all should be worried.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Broken Throne
Next Release: The Black Sphere

Heddon Street Kitchen No Shows – Rude and Rude

Heddeon Street Kitchen and Gordon RamsayThere’s an interesting story in the news this evening about celebrity Chef Gordon Ramsay and the opening night for his new London restaurant.

On opening night his restaurant endured 100 no shows out of a total of 140 bookings. The inference that Ramsey makes is that a rival restaurateur was behind all the false reservations.

When I perused down to the comments, as I always do, I anticipated a lot of people expressing their joy and this comeuppance for Ramsay. The reason I suspected as much is because Ramsay comes across as arrogant and cruel on his various television shows. He yells at young chefs and calls them names when they fail to prepare a dish to his standards. He is harsh and abrasive to say the least.

According to those who know him, this is somewhat of a facade to generate ratings and interest in his various restaurants. I don’t have any doubt that Ramsay is somewhat of a perfectionist who doesn’t tolerate stupidity. He also seems very loyal to those who are good at their jobs and it is well-documented that he has helped other chefs in their careers. So when I got to the comments I was prepared for the worst.

I was quite surprised that the comments were largely along the same line as my thoughts on the subject. Whoever pulled this “prank” is a selfish prick. In addition to hurting the owner of the Restaurant they also financially hurt every employee. Ever person who worked very hard to get that place open on that night and was hoping to be rewarded for their hard work. That’s what a Libertarian like myself believes is one of the most important societal events. People who plan, work hard, and accomplish something must be rewarded.

It’s entirely possible the new restaurant will fail. Perhaps Ramsay was counting on his reputation to carry Heddon Street Kitchen to success and he cut corners. On the other hand, it’s entirely possible the restaurant will be a great success. That the employees of that restaurant will go on to create their own dining establishments. That they will learn from Ramsay what it takes and eventually create dozens of great restaurants; and thus we all benefit. That’s Objectivism.

This action, by whomever took it, was not a prank. It was a violation of everything a Libertarian holds dear. It was also theft and not just from Ramsay and his employees. There were surely many people who wanted to go that night but couldn’t because it was booked. They were robbed of a meal. They were robbed of spending their money willingly and happily.

If you want to beat Ramsay then open a better restaurant next door. That’s the Libertarian way. This? Rude and wrong. For shame!

Tom Liberman
Sword and Sorcery Fantasy with a Libertarian Edge
Purchase The Broken Throne today!
The Black Sphere Coming Soon!

Colorado Officials Paint Edible Marijuana as Hazard to Children

edible marijuana productsThe Centennial State of Colorado was the first in the Union to make marijuana legal to all adults and ever since those opposed have been trying to find loopholes in various regulatory laws to peel back the stated will of the people. It’s enough to make this libertarian have a sip of his wine that is sitting in his unlabeled glass looking an awful lot like grape juice.

The latest attempt to override the fair and legal vote of the people comes from the Department of Health and Environment of Colorado. They are of the opinion that marijuana infused chocolate and candy poses a threat to children because they could accidental ingest it. This is true. It’s certainly possible for a child to eat a brownie that has pot in it. It’s also possible for a child to drink any of a number of alcoholic drinks that taste like candy. It’s also possible for a child to eat a slice of rum cake or a bourbon infused chocolate. It’s possible for them to eat a pill that looks like a vitamin. Parents that have such things in the house would be wise to inform the children of their danger and keep them in safe places.

Marijuana chocolate and candy is clearly labeled. It is only when the label is peeled and a person starts to consume the item that it is no longer labeled. A lollipop in its wrapper is marked as having marijuana in it. The forces at work here hope to convince you that they are doing it on behalf of the children just as they were against the legality of marijuana to save the dogs. The reality is they are against the legalization of marijuana for other reasons but they lost fairly in a voter initiative and don’t like it. This is modern government at its worst.

If they really believe that marijuana is such a danger then they need to take their chances with the voters. I’m guessing they know this route is hopeless and therefore have decided on another avenue. I’m certainly not saying they don’t have the right to try and convince legislators to overturn the will of the people. That’s what a Representative Republic is all about. The will of the people is secondary to the legislative power of the people’s representatives. If the representatives pass laws we don’t like then we have the ability to remove them. They have the right to pass any law they want as long as it doesn’t conflict with our rights as laid down in the Constitution.

What I especially despise is the largely Republican led effort that tells us quite clearly the state needs to be in charge of our lives. That we cannot manage to keep our children safe without the government telling us what we can and cannot have in our houses. That because a few people are not careful with their marijuana infused products that the rest of the people of Colorado must give up their freedom so that the government can protect them.

Marijuana products are clearly labeled. That’s enough. The government cannot and should not protect us from every ill that might befall us. I despair for this country.

I always tell my friends that if they truly understood the core philosophy of a Libertarian they would join us. I’ve always believed that most people really want a limited government that helps where required but largely allows people to make their own way in life. I’m beginning to suspect that perhaps I was wrong. Perhaps most people really do want to tell everyone else how to live. That they want to tell me what weapons I can own, what food I can willingly and eagerly put in my body, with whom I can have sex, and what I should believe as far as religion is concerned.

People apparently want a police state that guarantees them safety while looting them of their freedom.

Not me.

Tom Liberman
Sword and Sorcery Fantasy with a Libertarian Edge
Purchase The Broken Throne today!
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The Largely Unregulated Supplement Industry

supplement regulationThere’s a rather humorous John Oliver video making the rounds on Facebook discussing the largely unregulated supplement industry in conjunction with the appearance of Dr. Oz before the Senate. I wrote about that appearance a week ago and I thought I should revisit the entire subject of the supplement industry from a Libertarian point of view.

It’s a nuanced issue for a Libertarian because as such I think government intrusion into our lives should be kept to a minimum but the government certainly has some duty when it comes to criminal activity. So where do I stand? Should supplements be regulated by the Food and Drug Administration or should the buyer beware?

I’m of the opinion that the FDA should not be involved in deciding if a supplement is ready for the market or not. I do however think they have a role in making sure a particular supplement is not toxic and I absolutely think they have a right to make sure they do what they are reported to do. Barring that I think their regulatory powers are very limited.

I’ll try to explain what this entails from an enforcement point of view. The FDA has the right to test new and ongoing supplements to ensure they are not toxic. I have no problem with the agency testing supplements to ensure that they will not kill people and they certainly have the right to remove toxic supplements from the market. However, there is the much murkier ground of whether a supplement is actually effective or not. I don’t think the FDA has the right to ban a supplement that has no health value.

People can choose what supplements they take and anyone who ingests a supplement without doing a little background check on its medical value deserves what they get. The vast majority of supplements have no health value. I think the scientific community should be running tests to determine if a supplement works. It’s not the job of the government to protect people from themselves. If some people want to believe the outlandish words of Dr. Oz then that’s their fault, not the government.

What completely baffles me is that according to testing at least 33% of supplements have no trace of the items that they are purported to have in them. That’s just fraud. Plain and simple. It’s fraud on a vast scale because every bottle of those supplements that crosses the state line between Illinois and Missouri is a federal crime. Everyone from the owner of the company to the driver who took it across the state line is guilty of millions of counts of fraud and could be sent to prison for the rest of their lives.

Every bottle of supplement that cannot be scientifically shown to do what the advertisement claims it can do is a criminal act. It doesn’t matter if Dr. Oz sells the supplement or not. If he claims it does something while fully aware that scientific evidence says it does not, he’s guilty of a crime. It’s illegal to sell someone a coin claiming it is gold when it is iron. It’s illegal to have a booth where other people sell iron coins as gold when you know they are iron. It’s even illegal to tell people to go to the booth to buy gold when you know it’s iron if doing so benefits you financially. That’s all fraud. You are engaged in defrauding people of their money.

This is a huge point of Libertarians who are often accused of having no compassion. I think the FDA has no business telling a company not to sell a product. If a company says Green Coffee Beans might cause weight loss and people buy them, tough luck. But if a company says Green Coffee Beans will help reduce weight knowing full well there is no scientific evidence they do so, well, forget the FDA, let’s talk about the FBI. You are engaged in interstate commerce fraud. If such laws were enforced we wouldn’t need the FDA to regulate our supplement industry. Put some truck drivers in jail for transporting fraudulent material across state lines and watch how quickly the supplement industry immediately cleans out the bad apples. Why this is not happening mystifies me.

I do think your state legislature or even your municipality has a right to say, hey this supplement is useless, let’s ban it. That is a right reserved for the states and the people just as they can ban alcohol.

We Libertarians are compassionate. We do care about people and this country. We just think that asking the federal government to get involved in areas over which the Constitution gives them no jurisdiction makes things worse, despite the good-intentions of the laws so passed.

Tom Liberman
Sword and Sorcery Fantasy with a Libertarian Ideology
Purchase The Broken Throne today!
See All my Books

 

David Zien and Harley Davidson

David ZeinI’m probably going to get some grief for this post but I’m sick and tired of people waving patriotic symbols all over the place and claiming that this somehow makes them patriots. It doesn’t. Wearing a flag lapel pin doesn’t make you a patriot. Saying the Pledge of Allegiance loudly to anyone listening doesn’t make you a patriot. Waving flags everywhere you go doesn’t make you a patriot. Standing up during the National Anthem doesn’t make you a patriot.

The reason I bring this up is because there is a story making the rounds about how the awful and evil Harley Davidson is denying the warranty claims of David Zien because he flies United States flags (and other flags) from the back of his bike while riding. Zein who, it must always be mentioned prominently, served as a state senator in Wisconsin, filed the claim after his clutch and transmission failed.

Harley Davidson suggested to Zien that riding down the highway for thousands of miles with seven large flags mounted on his motorcycle voided his warranty. Great Patriot that Zien is, he went straight to Fox news to whine and cry about how a wonderful patriot like him was being abused by the awful, hateful Harley Davidson.

Why is it that those who most loudly and zealously yell about patriotism and personal responsibility are the ones who show it the least? Because they’re Flag Wavers. It’s not a compliment. It’s an insult to the real patriots of this country who go about their business and don’t feel the need to tell everyone how wonderful and patriotic they are. Those patriots I stand up and salute.

Zien served in the Marines during the Vietnam war and deserves our respect for doing so. That being said, I respect a man’s actions, not what flag he chooses to fly. Zien chose to ride down the highway with large flags which is an extremely dangerous thing to do. He paid the price for that decision in a horrific accident. Now he has to pay for a new clutch and transmission.

It’s called personal responsibility.

Tom Liberman

Our Constitution – All or Nothing

ConstitutionI recently wrote a blog post about how members of both the Democratic and Republican parties seem to have a rather relaxed attitude about those parts of the Constitution with which they don’t agree and more passionate support over things with which they do agree.

What do these words mean to you: … nor shall be compelled in any criminal case to be a witness against himself, …

I am physically sickened, upset to my stomach, by recent events in Congress by those who are our representatives, who swore an oath to uphold the Constitution.

Back when the Founding Fathers fought for the freedom you enjoy they decided this simple oath was enough: I do solemnly swear (or affirm) that I will support the Constitution of the United States.

Some unnecessary words have been added but those fourteen sum it up pretty well and they are basically still there.

Lawyers can parse it all they want. They can claim Lois Lerner made a statement. They can weep and wail. The words are in the Constitution and great men fought and died to put them there.

When you subvert the Constitution for political gain, be it the Second Amendment, the First Amendment, the Fourth Amendment or any other, you lose this Libertarian.

I don’t believe in Republicans. I don’t believe in Democrats. I don’t even believe in Libertarians. I don’t believe in you. I don’t believe in me. And I particularly don’t believe in the 231 Congress members who violated their oath today.

In the words of Forrest Gump, that’s all I have to say about that.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Broken Throne
Next Release: The Black Sphere

Silicon Valley Settlement

apple-pixar-google-lawsuitAn extremely interesting anti-trust case was just settled by Apple, Google, Intel, and Adobe for about $300 million. It’s a case that will have serious repercussions throughout the industry and I’m of the opinion that the resolution is just. There are those that will argue the companies got off lightly and others that the employees got too much compensation.

Let’s examine the situation. With the advent of the information age and the coming of the automation age there was and will continue to be a huge need for a highly educated workforce. The best and brightest workers are in high demand and will be increasingly so in the future. I spoke about the need for an educated workforce in this blog.

As the need for sophisticated workers increases so does the value of the workers who meet the requirements. Employers must then pay these employees increasingly large sums for their services. This is good and natural and everything that we Libertarians expect from a capitalistic system.

In this case the major players including those who just settled but also including Pixar, Lucasfilms, and Intel, who admitted guilt earlier, agreed not to try to hire top talent away from each other. There is a trail of emails that make it clear this was happening. Steve Jobs of Apple was particularly aggressive to the point of writing threatening emails to competitors. At least two of these, Sheryl Sandberg of Facebook and Edward Colligan of Palm told Jobs to stick it where the sun doesn’t shine, or used words to those effect. Good for them!

The collusion of the companies in the lawsuit is undeniable. The question is whether or not the technical employees were allowed to sue as a group. There are a number of legal hurdles that might have derailed the case on appeals. On the other hand, the guilt of the companies in denying their employees a fair opportunity to shop their worth is undeniable and the series of emails and likely testimony from the likes of Sandberg and Colligan made a much, much larger resolution possible. The lawsuit cited a figure of $3 billion which could have tripled to $9 billion.

Therefore I think the final outcome is just. The employees were certainly not recompensed the value of their services during the years of collusion but it is likely they could have gotten nothing at all and, even worse, the companies exonerated for their vile, anti-capitalistic behavior.

This resolution makes it clear that workers are absolutely entitled to the whatever wage anyone is willing to pay them. That companies cannot collude in this fashion because it undermines the entire capitalistic system. Employees benefit greatly as do companies like Facebook and Palm who agree to honor the tenants of capitalism.

This case is an excellent example to my fundamental Libertarian friends that a completely laissez-faire attitude from government towards business is naive and dangerous to the people and to liberty as a whole.

As a Libertarian I am neither pro-business nor am I pro-worker. I want everyone and every business to succeed on their or its merits. Capitalism is an excellent system but some government regulation is required to make sure it doesn’t become corrupted by anti-trust activities.

The resolution arrived at in this case is the sort that serves capitalism, serves business, serves workers, and in the long run, serves us all.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Broken Throne
Next Release: The Black Sphere

 

BitCoin and the Value of Fake Money

BitCoinThere are a lot of stories in the news these days about BitCoin and the idea of digital currency as a whole. After a few conversations with people I’ve found there is a lot of confusion about how it works and the potential benefits and liabilities of such systems.

I’ll tell you immediately that I’m a huge proponent of digital currency although I agree that in its early stages there are many dangers. I think the forces arrayed against digital currency do not have the best interests of the individual in mind.

To understand digital currency we really have to understand modern currency as a whole. The coins and bills in your pocket, wallet, and purse have little to no intrinsic value. Even if made of real silver and gold they just don’t. See my post about Elastic Currency and my other post about the Gold Standard for more in-depth discussion on this idea.

What makes such currency valuable is that other people are willing to trade you goods and services in exchange for that currency. This is achieved through backing of the currency, generally by a government agency although not always.

When you win tickets at Dave & Busters you are purchasing currency which can be used buy things. Resort towns sometimes have a currency system for tourists. It’s all the same idea. Rather than carrying around a chicken to trade for something else of value, we use currency.

When a currency backing agency fails then the people who own that currency have nothing of value anymore. Confederate Money after the Civil War for example. When you purchase stock in a company that goes bankrupt so too is your money gone. During the Bank Runs that precipitated the Great Depression people lost all their money because the banks could not back it up. What happened to your retirement account during the recent financial crisis? You didn’t spend the money, you didn’t lose the money, but it still lost value.

No currency is perfectly secure; some are more secure than others and the U.S. Dollar has been among the most secure since the end of World War II.

Digital Currency is like other currencies except it has no physical presence. It is merely a number in an account that you can draw upon. In this it’s not much different from about 99% of your wealth. You don’t have bills and coins; you have bank statements, stocks, equity, homes, etc.

So, why is digital currency better? Because it means your wealth is with you at all time but cannot be stolen, at least in the traditional sense of the word. Yes, your account might be broken into but no one can mug you of digital currency. When you need to go into town to make purchases you are not subject to bandits.

The biggest advantage from a Libertarian point of view is that encrypted digital money is anonymous money. Government officials do not know who holds what. Governments can’t easily control the flow of money and have few if any regulatory powers. Purchases with such currency cannot be involuntarily taxed because of this complete anonymity.

There are dangers in the early days as we see in the headlines. Backing agencies can be corrupt and fail. But this is not a reason to give up on this form of currency.

Imagine a world in which every person has instant and complete access to all their money. You can go anywhere and purchase anything without worrying about tariffs and taxes. It is, after all, your money.

I’ve only touched the very surface of benefits and drawbacks to digital currencies. There are legitimate law enforcement issues in regards to illegal transactions. There are astounding possibilities about alleviating wealth inequality.

It’s a complex subject with no simple answers. I’m of the opinion that those who wish to control money, control freedom, and control the individual don’t like the idea of digital currency. Therefore it appeals to me.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Spear of the Hunt
Next Release: The Broken Throne