Wuhan virus and one last ‘A-Unicornist’ note

As the Wuhan virus spreads, there are a handful of legitimate sources to which people should turn for information. The most notable among all of these is the CDC. Information that comes from there will be heavily vetted and as updated as possible. It also won’t come with the litany of biases that most other sources have. For example, I am referring to this as the “Wuhan virus” because I believe China holds a tremendous amount of blame for this outbreak and I want to do everything I can to ensure that this virus is closely connected to the communist regime. My motivations are simple: Communism is an evil and it should be exposed as such and we should trust numbers coming from China as much as we should have trusted the USSR in the days following the Chernobyl meltdown that nearly ended the world as we know it. In other words, I’m not a legitimate source of information for this virus. The best I can do is reflect what governments and scientists around the free world are saying: stay away from people, wash your hands, and don’t hoard. Beyond that, it would be irresponsible of me to act as a source of information, even if I do having training in biology and experience in commercial labs. Which brings me to ‘The A-Unicornist‘, the focus of my last couple of posts. This is from his personal Facebook page:

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This virus is far more serious than the flu, and anyone who was even vaguely paying attention knew this even back in January. Mortality rates don’t care about sheer numbers from previous years; to downplay this fact is the height of irresponsibility and a person who does such a thing implicitly highlights why those who have only ever achieved high school graduation, much less any actual training in any science, should never be a source of information for anything of this nature.

No, reddit, the Catholic Church has not accepted Darwinian evolution since 1950

The website reddit has recently been making notable shifts in its behavior. While it was once a place for open discussion and the relatively free exchange of ideas, the past several years have seen the owners change gears in an attempt to attract far more advertisers. We see this most blatantly when they suddenly shut down a forum, known within the site as a “sub” or “subreddit”, after a reporter (such as Anderson Cooper) sheds light on some questionable content being peddled on the site. Sometimes this is actually the right move by the reddit owners, but they almost never do it for the right reasons. Again, they’re interested in advertiser money. That’s it.

But merely shutting down bad content isn’t the only way the site has taken to putting on an ad-friendly face. When one of the owners went on Jimmy Kimmel’s show last year, he made it a point to push the ‘wholesome’ content of the website (despite a sizeable portion of its traffic coming from porn). Not long after, subreddits with the word “wholesome” in them began growing and growing. Some of this can likely be attributed to the national exposure they were given, but much of it is likely due to content manipulation where the reddit owners and employees push preferred content to the ‘front page’. This is surely why the site transitioned from being open source to close source – there’s no longer any way for users to confirm whether or not voted-on content has been altered to appear more popular than it is. And that vote manipulation (which has endless examples from just this past year, it seems) continues with this objectively incorrect post from the subreddit “Today I learned” (or TIL):

TIL the Catholic Church has accepted Darwinian evolution as compatible with Christianity since 1950.

Many of the top comments in the thread talk about how people who attended Catholic schools were taught evolution without issue, or how Catholics themselves have been responsible for many scientific theories and ideas. And, ‘naturally’, one prominent comment talks about how nice the thread is.

Of course, it’s all bullshit.

The reality is that the Catholic Church believes in the magic that is theistic evolution. This is not Darwinian in any sense of the word. This is an entirely made-up version of evolution that says humans were destined to exist. That is not what evolution says at all. Nothing in the theory dictates that humans or human-like beings will come into existence.

But let’s look at what Pope Pious XII actually had to say about evolution in 1950:

Some imprudently and indiscreetly hold that evolution, which has not been fully proved even in the domain of natural sciences, explains the origin of all things, and audaciously support the monistic and pantheistic opinion that the world is in continual evolution.

He goes on to insult communists after this, so it isn’t easy to parse the politics of the writing from the commentary about biology, but it is clear that the Catholic Church did not believe that evolution had been proven. Saying something like that is equally as wrong as saying the theory of gravity has not been proven. Furthermore, the Church also didn’t believe that evolution was still occurring. This, of course, was and is wrong. Evolution does not stop so long as life continues. Humans are not its culmination – it has no culmination. It has replicators that replicate and change over time.

For these reasons the Teaching Authority of the Church does not forbid that, in conformity with the present state of human sciences and sacred theology, research and discussions, on the part of men experienced in both fields, take place with regard to the doctrine of evolution, in as far as it inquires into the origin of the human body as coming from pre-existent and living matter – for the Catholic faith obliges us to hold that souls are immediately created by God.

Here is a great example of where the Church 1) does not understand evolution and 2) holds a position in contradiction to evolution. Notice where the Pope says the Church holds that souls are immediately created by God. That is, souls are immortal and eternal while bodies are mortal and temporal. The soul, per the Church, has always existed and will always exist. It is merely joined to an earthly human body for a brief period. But there was no first human body. Evolution occurs on a spectrum and we are only able to define what makes a species its own species because of time and separation. One generation of Species A does not give birth to a generation of Species B. So that forces the issue: does the Church believe there was a first human? If so, did its mother and father not have souls? And what about neanderthals? Or our other human-like cousins? Did they have souls?

The bottom line is that theistic evolution requires that 1) humans were inevitable, 2) humans are the culmination or peak of evolution, and 3) there was a distinct, definable first human. Darwinian evolution, on the other, correct hand, tells us that none of those things are true. Nothing in evolution, aside from change itself, is inevitable. Legs? Lungs? Brains? Fingers? Speech? Fins? Wings? None of that is inevitable. And nothing, including humans, can constitute the culmination or peak of evolution. And, again, species are fluid. Species A will always give birth to another generation of Species A.

But I’m sure the reddit powers-that-be are happy to know their advertisers are seeing positivity and a favorable view being given to religion, so none of these pesky facts really matter.

Advocating genocide is never incitement

There’s a disturbing trend these days to claim or imply that language is violence. That, of course, is nonsensical rubbish that should have no place in a serious discussion, but here we are. (My history of urging that Philosophy 101 be mandatory at the high school level is reaffirmed as a good idea every single day.) In particular, there has been a growing position that advocacy of genocide is such abhorrent violence that it, in fact, is not free speech. Again, nonsensical rubbish. Here is one example of someone saying as much:

The growing fascist movement in the United States often claims that it is marching for “free speech” and complains that Antifa and other opponents are violating their rights. Unfortunately, this cynical claim has won some credibility among liberals and even the ACLU. But the law does not protect the advocacy of violence any more than it protects child pornography. These well-established legal principles should be extended to prohibit the advocacy of genocide, the ultimate violence.

Arguing about the free speech rights of Nazis, fascists, and KKK members is a trap. The issue is not speech, it is violence. The fascists do not want to argue with us, they want to kill us.

I originally picked this article merely because it was a quick result on Google; my goal here was to generally address the issue of calling genocide-advocacy violence. However, the muddled understanding of free speech is too much to ignore. The article continues:

A brief review of U.S. law demonstrates that fascist advocacy of violence and genocide can and should be prohibited. In 1969 the U.S. Supreme Court ruled in Brandenburg v. Ohio that there is no free speech right to advocate violence when there is a likelihood that violence will actually occur. The Court traced the development of U.S. law from its earlier prohibition of even abstract teaching of the necessity of violence for accomplishing social change to protecting such speech “except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

As it so happens, I made this post because I wanted to specifically talk about Brandenburg. Nearly every person who claims speech is violence has never heard of the case. The fact that this article brings it up is both surprising and, for the author, embarrassing. Brandenburg is the precise reason advocacy for genocide is always protected speech:

The Court’s Per Curiam opinion held that the Ohio law violated Brandenburg’s right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is “directed at inciting or producing imminent lawless action” and (2) it is “likely to incite or produce such action.” The criminal syndicalism act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

This couldn’t possibly be more on point. Advocating for genocide is 1) advocacy for a necessarily lengthy process and 2) often an advocacy for a change in law. Both of these points immediately fail the first prong of the test. A lengthy process – that is, systematic killing of an entire group of people – cannot possibly incite imminent action, lawless or not. Genocide is, by definition, not imminent. And where its advocates want a change in the law that allows for genocide…well, I mean. C’mon. That’s not only a lengthy process that requires years of lobbying and voting, but just imagine if you weren’t allowed to campaign for a change in the law because it was unpopular.

The article continues:

We are not proposing that offensive speech, or even speech that many consider hateful because of its abusive treatment of people based upon their race, gender or ethnicity, be outlawed. A free society must tolerate speech that is hurtful or offensive. But no civilized society must or should tolerate behavior by individuals or groups of people that promotes violence and even the total destruction of people based upon their color, gender, religion, or origin.

Notice the subtle bait-and-switch I’ve highlighted. We’re supposedly talking about speech, but the author here changes the issue to behavior. It’s a tacit surrender of the issue. Speech which fails to incite – and advocacy of genocide fails to incite, through and through – must be tolerated. Despite the incorrect interpretation of the specific ruling that renders the entire article wrong, the author acknowledges as much.

Just imagine if advocating for something violent was itself considered violence. We would have to lock up all the people who support the death penalty. Every shitty YouTube commenter who says [enter politician] should be hanged for [enter crime, usually treason] would have to be charged with criminal wrongdoing. And what’s the next step? If advocating for general violence at some indeterminate point in the future is violence, then would it also be violence for someone to advocate for the right to advocate for general violence? If I think neo-Nazis and antifa people should be able to advocate for violence, am I engaging in violent speech?

Here’s the bottom line. Advocating for genocide is free speech. You can talk about your desire to emulate Nazi Germany, if you wish. You can talk about your desire to kill all Jews or Muslims or Christians or blacks or whites. Take your pick. You can even say we should round-up and murder all the people who say we should round-up and murder other people. You are free to do that. It is 100% free speech.

No, accepting a pardon does not mean accepting guilt

The claim that Joe Arpaio implicitly admitted guilt by accepting Trump’s pardon is junk. The proof people cite for this claim comes from dicta in a 1915 SCOTUS case. That is not binding law. Furthermore, the lower court prior to that ruling pointed out that there are a myriad of reasons why someone might accept a pardon. This was and is binding law because it is part of the reasoning for the ruling. Double furthermore, the US Attorney General’s office kept records for the reasons for pardons well after that 1915 case. Triple furthermore, there are federal laws that account for compensating people who are given pardons due to innocence. Quadruple furthermore, the 1915 case pre-dates Alford, which found that a defendant can explicitly maintain innocence while accepting a plea; the logic from Alford inherently says the use of something from the justice system is not an acceptance or blessing of that thing.

Joe Arpaio is a piece of shit and it’s garbage that Trump pardoned him, but the forced attempt at catharsis through a willful or ignorant misuse of a 100+ year old, irrelevant ruling is also shit and garbage. It’s shit and garbage all the way down.

No, you don’t get to conflate correlation and causation because it fits the narrative you want

Racists of a handful of varieties (neo-Nazis, white supremacists, white nationalists, etc) descended upon Charlottesville, Virginia this past weekend. They quickly clashed with counter-protesters, resulting in their previously-legal parade being declared unlawful. Soon after this declaration, one of the racists got in his car and attempted an act of terroristic mass murder that resulted in one death and at least a dozen and a half injuries. This horror was, ultimately, spurred by the racist hatred and ignorance of the racist marchers, but the ostensible reason for the protest was the proposed removal of a Confederate statue. This faux excuse to promote racist views has, thankfully, caused a number of Confederate statues and memorials to either be removed or be proposed for removal. Unfortunately, this faux excuse has also caused some bad science. Take this MotherJones article:

Most of these monuments were not erected right after the Civil War. In fact, all the way to 1890 there were very few statues or monuments dedicated to Confederate leaders. Most of them were built much later. And since I’m not an academic, I feel comfortable squeezing this history into a very short, oversimplified summary:

1861-1865: Civil War.

1865-1875: Reconstruction Era.

1875-1895: Reconstruction Era ends. Blacks are steadily disenfranchised, allowing Southern whites to enact Jim Crow laws. In 1896, Jim Crow is cemented into place when the Supreme Court rules it constitutional.

1895-1915: With blacks disenfranchised and Jim Crow laws safely in place, Southern whites begin a campaign of terror against blacks. Lynchings skyrocket, the KKK becomes resurgent, and whites begin building Confederate statues and monuments in large numbers.

1915-1955: Jim Crow reigns safely throughout the South.

1955-1970: The civil rights era starts after the Supreme Court rules in Brown v. Board of Education that Jim Crow laws are unconstitutional. Southern whites mount massive and violent resistance, and start putting up Confederate monuments again.

Yes, these monuments were put up to honor Confederate leaders. But the timing of the monument building makes it pretty clear what the real motivation was: to physically symbolize white terror against blacks.

Oversimplified, indeed.

The case being made by MotherJones is right there in the last paragraph: due to timing, we know these statues were built to symbolize white terror against blacks. That is, they were specifically built to first and foremost scare black people into submission and to remind them of their place in this country. Unfortunately for MotherJones, the facts don’t support this argument.

First, let’s look at the MotherJones chart and another, more comprehensive chart (both from the Southern Poverty Law Center):

Confederate monument chart

Confederate monuments.jpg

Look at two of the more notable spikes on the chart: around 1911 and around 1961. What could possibly make those dates special? They’re the 50th and 100th anniversaries for the Civil War. It should surprise absolutely no one that we would also see a spike in memorial dedications around those times. Furthermore, consider the common timings of when war memorials are built in general. It can happen any time, but it certainly would seem to accelerate as veterans get into their old age. This could be due to a combination of factors, such as a younger generation being prepared to romanticize their elders, and older people generally having a disproportionate amount of political power (not to mention the personal time and means to take on memorial efforts). Just think to the period of time you recall hearing about ‘The Greatest Generation’ the most. It wasn’t in the 1950s, was it? No. It was into the 90s and early 2000s.

Let’s also look at the rise of the KKK. As the second chart notes, the organization was founded in 1866. What the chart doesn’t note, however, is that the KKK was at its most powerful around 1924. The economy was roaring, as they say, racists were more than plentiful, and the desire to instill fear in minorities was higher than ever. Yet memorials fell. This could be due to a host of reasons. Most Civil War veterans would have been dead (if the mean age of a soldier was 26 in 1865, then the mean age of veterans (dead and alive) would be 85 in 1924), so the push for memorials would be pushed into the backs of people’s mind. We also just finished an even larger war (albeit with fewer deaths), so our most pressing veteran’s issues were much more current. And, of course, we just had a period of time where we built and dedicated quite a few memorials. Whatever the reasons, the evidence points to the timing of these memorials having little to do with racist flare-ups.

Now, looking at the first chart, we see an attempt to correlate monument building with the lynching era. Except the greatest number of lynchings actually occurred in the decade prior. Forget about arguing causation. The chart hasn’t even successfully argued for correlation on this point.

I’ve been making these basic points across various social media platforms for the past day or two because I find this abuse of statistics 101 to be offensive. As a result, I’ve been called a Nazi sympathizer and/or had my motivations questioned. It doesn’t matter if I give a plain objection using the dry facts or if I preface my position by pointing out that, yes, of course these statues and memorials are racist monuments* to the losing side of a racist war. We now live in a culture where even the slightest bit of nuance that disagrees with side A means you must fully agree with side B. It’s utter horseshit. We have good reason to believe Civil War memorials and dedications spiked due to mundane factors such as veterans aging and anniversary dates. That does abso-fucking-lultey nothing to take away from the narrative that the Confederacy and memorials to it were and are racist. It does nothing to disparage efforts to remove statues. It simply demands that we rely on basic facts to make our points and arguments.

*There are a narrow band of monuments and memorials that should not be controversial because they honor and remember conscripted soldiers who often fought for reasons very different from the wealthy slave owners (who, of course, hired poor people to take their place on the battlefield). The band is very narrow, but it exists.

A third-party vote is not a vote for Clinton or Trump

I’m no libertarian by any stretch of the imagination, but there’s zero chance I’m going to vote for either Clinton or Trump. A vote for either of them is a vote for the NSA, and (aside from global warming) there is no current bigger threat to democracy itself than the utter destruction of privacy. (And to think, people used to be upset about the idea of the government looking at their library history.)

On the other hand, a vote for Gary Johnson is simply a vote for Gary Johnson. I may not like all his stands, but there isn’t a single viable candidate who will protect basic liberty like he will.

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Gary Johnson is on all 50 ballots

You don’t have to vote for Clinton or Trump. The former is a criminal who risks national security and is likely in ill-health. The latter is a tax-dodging scammer. Both of them will promote what is literally the greatest government-created threat to democracy – the NSA – since Adolf Hitler. You will never have any privacy ever again if either of them wins.

Fortunately, there is a viable third choice: Gary Johnson. I don’t agree with him on everything, but he is by far the most sane, most reasonable, and most honest candidate we have. (And, yes, he did know what Aleppo was. Once he realized what they were talking about, he gave a nuanced answer where he suggested that the US and Russia broker a cease-fire. That’s exactly what happened within weeks.)

Don’t let the libertarian title scare you from voting for Gary Johnson. The overwhelming majority of what people will tell you he believes is flat out lies based on nothing more than his political affiliation. In the past 24 hours, I’ve had people either wonder if or outright say that he’s a creationist (no), he rejects global warming (no), and he’s against environmental regulation (no).

Thought of the day

Whenever I see an article telling me I need to vote for Clinton in order to prevent a Trump presidency, all I read is, “If you don’t vote for someone who will continue to strengthen the greatest threat to democracy since Adolf Hitler – that is, the NSA – then someone else who will continue to strengthen the greatest threat to democracy since Adolf Hitler might win.”

A bad rebuttal

If there’s anything that annoys me more than bad arguments, it’s people circlejerking in support of bad arguments. I was just reading up on a recent (though, as yet, undecided) Supreme Court case where the analysis did just that. (Update: The case has been ruled on. It was 6-2 in favor of the government.) The case itself isn’t overly interesting, but it gained some attention this past winter because Justice Thomas broke his rather lengthy silence to ask a few questions. To give a brief summary of the case itself: Two men were convicted of domestic assault misdemeanors that, by state law, would not preclude them from owning firearms. However, federal law says if those misdemeanors are domestic assault crimes which meet particular, limited criteria, then they can’t own guns. The men are arguing that the state law allows for broad criteria in obtaining a conviction. Essentially, federal law requires the use or attempted use of force. State law allows for recklessly injuring or physically contacting a person. It seems open and shut to me: federal law requires a particular fact, but state law allows for different facts. This means that it is possible that the federally required facts were never established, so the government ought to lose this one. It looks like things aren’t going to go that way, but then I’ve yet to get Obama’s nomination to fill Scalia’s seat.

In reading about the case, I came across this little tidbit about Justice Ginsburg:

One last notable point: anyone who suggests that Justice Ginsburg may be slowing down, should read the last two pages of Villa’s argument. Villa suggested what seemed like a difficult hypothetical: what if she “came up to somebody who I thought was my husband and I patted him on the back and said ‘hi, honey,’” but it wasn’t him? Could that be a reckless offensive touching? But when Justice Sotomayor appeared momentarily slowed by this example, Justice Ginsburg incisively noted that “there isn’t a [domestic] relationship [as] the statute requires.” “That is true,” conceded Villa, and she quickly reserved the remainder of her time.

What a hugely irrelevant rebuttal. It doesn’t matter if the statute requires pigs to fly out of someone’s butt. The issue at hand is what defines “reckless offensive touching”. In this case, it was asked if a mistaken pat on the back would meet the definition. That question went unanswered due to a red herring: Ginsburg insisted on defining “reckless offensive touching” within a particular context despite the phrasing existing independent of said context. Moreover, the question can easily be changed to fit Ginsburg’s illegitimate objection: What if someone accidentally pats their son on the back because he looks so much like her husband? That would satisfy the domestic relationship required of the statute. (I emphasize statute here because no relationship is required of the argument.) Could we answer the question then? According to Ginsburg, the answer is yes, though, how the domestic relationship would play any role in such an answer is unclear.

The 4th Amendment doesn’t really matter

Mind you, I don’t believe in that title. It matters as much as any Amendment (and, in fact, much more so than many Amendments). The Supreme Court, however, thinks otherwise:

In a decision issued this morning, the U.S. Supreme Court sided with the police in a case arising from an officer’s “mistake of law.” At issue in Heien v. North Carolina was a 2009 traffic stop for a single busted brake light that led to the discovery of illegal drugs inside the vehicle. According to state law at the time, however, motor vehicles were required only to have “a stop lamp,” meaning that the officer did not have a lawful reason for the initial traffic stop because it was not a crime to drive around with a single busted brake light. Did that stop therefore violate the 4th Amendment’s guarantee against unreasonable search and seizure? Writing today for the majority, Chief Justice John Roberts held that it did not. “Because the officer’s mistake about the brake-light law was reasonable,” Roberts declared, “the stop in this case was lawful under the Fourth Amendment.”

A man driving in North Carolina was stopped illegally due to a cop’s ignorance. Let’s presume that the cop was genuinely ignorant of the law. (I fully accept such a premise, actually.) That does not mean that this interaction between citizen and state was entered into justly. For that to be the case, there are only a few ways it can happen: 1) if the man was suspected of committing a crime or of being in the act of committing a crime or of imminently committing a crime; the basis here is reasonable suspicion (it’s a low bar); 2) if the man was suspected of committing a civil infraction (such as a traffic violation – which, except for things such as criminal speeding or DUI, generally are not crimes); or 3) if a cop just starts talking to him and he decides to engage with the him/her. In this case, while the man did consent to his vehicle being searched (ya know, like an idiot), he did not consent to the initial interaction with the ignorant cop. The beginning of the interaction was initiated illegally, so that should have invalidated everything thereafter. Of course, it didn’t. We have a very bad Supreme Court. And an often unjust world. True justice here would have not only seen this case thrown out, but the cop would have been fired and prosecuted under some sort of color of law statute. But this is America. The case was upheld and I’m sure the cop will get a promotion soon (presuming he hasn’t already).

Aside from the violation of the Fourth Amendment, the really scary thing here is the power it gives to an already powerful police state. Everyone knows if a cop wants to pull a person over, that person will be pulled over. (I have a one black friend who has been pulled over close to 30 times in about 2 years. I’ve been in his car; he isn’t a reckless driver. He has clearly been targeted, and his “infractions” have clearly been fabricated. Even as a white guy, I’ve been targeted (albeit for different reasons). It hasn’t happened since I went from a rusty 20 year old car to a 5-6 year old car, but I’ve been pulled over several times for my license plate lights being out. The cops were lying each time. I was stopped for driving a car common to a low socioeconomic class while looking younger than I am. It’s that simple.) But now the police don’t even need to worry about whether or not they have a legitimate reason. So long as they claim to have pulled someone over for what seems like it could be an infraction, the courts will uphold it. Just imagine this: A longtime resident of, say, California moves to, say, Maine and becomes a cop. In California it’s illegal to talk on a handheld device while driving whereas it’s legal in Maine. It’s plausible this new Maine cop might pull someone over for talking on the phone. And there isn’t a damn thing anyone can do about this blatantly unconstitutional stop. Nothing.

Let’s extend this to Terry stops. These are stops where the police suspect a person of some sort of criminal activity (outside a moving vehicle, such as while walking), but they don’t have any probable cause to arrest. What stops the police from extending the principles they made up for this recent case to Terry stops? A person may be stopped by a cop for some completely legal action. The cop might then pat the person down ‘for officer safety’, soon discovering drugs or a gun. I know some statists will cheer and say that’s great, but fuck them. That’s terrible. A person should never be stopped for zero reason, much less searched. The government hasn’t the right; it’s a massive danger to the citizenry to give the government such rights. But will the courts throw out all charges? It’s doubtful. If they follow the logic made up here, there is absolutely nothing to stop them from allowing the police to make all sorts of ‘honest’ mistakes in order to stop and search people. It’s not as if the police won’t lie – hell, that’s part of the job description – but at least they needed to come up with a plausible lie. Before this ruling there were always those oddball cases were a cop locked himself into a description of events that might get a case tossed. Not anymore. Now his fuck-ups and/or lies just need to seem like genuine oopsie-daisies.

I can’t say I’m surprised at this, though. As soon as I read about this case a few months ago, I explicitly told a friend that the Court would rule this way. I didn’t think it would be quite this lopsided, but there was never any doubt. This Court hates the Fourth Amendment. They aren’t consistent with the Constitution, but at least they’re consistent with being shitbags.