Category Archives: Natural Law

Updated: Farewell Freedom Of Speech

Free Speech, Islam, Jihad, Justice, Natural Law, The West

Writes the Brussels Journal:

“The Dutch judicial authorities are going to prosecute Geert Wilders, one of the 150 members of the Dutch Parliament, for making the movie Fitna. In this short documentary, which explains what happens if a number of verses of the Koran are taken seriously, Mr Wilders compares the Muslims’ holy book to Adolf Hitler’s Mein Kampf. He claims the Koran calls for violence against Jews and other non-Muslims. Fitna can be seen here.”

Hate speech laws are inimical to a free society. All speech, truthful and untruthful, ought to be free in a free society. The verbiage of liars and holocaust deniers too.

American jurisprudence allows the regulation of speech only under very limited circumstances. If speech poses a “Clear and Present Danger,” it can be censored. While the Supreme Court has ruled that the First Amendment doesn’t protect words that are likely to cause violence, the required threshold is extremely high. As it should be.

In this context, my preferred course of action against imams, for example, who publicly preach and incite violence against Americans on American soil is deportation, not censorship. The Netherlands ought to make sure that their courageous son, Wilders, is free to live in his homeland without fear. Instead, the Dutch state has joined the enemies of civilization in terrorizing a true hero.

Too few libertarians have been vocal about this defining issue of our time.

In case you think we in the US are protected by the Constitution, think again. Obama, as I pointed out in “Uncivil Agenda,” intends to expand hate crimes statutes and prosecutions.

Update (Jan. 26): Myron: why must “the man,” Wilders, be tried at all, by jurors or by a justice? He is innocent in the natural law; what he has done–speak his mind–is naturally licit.

BillO Tosses & Gores Governor Gregoire; So Far So Good (But…)

Christianity, Conservatism, Founding Fathers, Freedom of Religion, Law, Media, Natural Law, The State, The West

I’m pleased Bill O’Reilly is targeting the left-liberal governor of Washington State. Seldom do I identify with any of the causes BO champions, other than his offensive against sanctuary cities and criminal aliens. I appreciate his passion over those issues. For the rest, he might as well be speaking Greek.

(I’ve noticed BO’s “theories” about Big Bad Oil have taken a back seat of late since market forces combined with an induced recession to render gas prices at an all-time low.)

I also defended BO effectively when he took the unpopular stance of personal responsibility with respect to Shawn Hornbeck.

But notice that BO always argues from the stance of the positive law. There is no such thing as natural justice in his universe, although his righteous anger about crime, by illegals or others, comes close.

In the case at hand, the odious Governor Gregoire sanctioned an atheist diatribe alongside the traditional holiday display of the Nativity scene in the state capitol building. BO defends Christmas on the grounds that it’s a federal holiday. Logical consistency, then, compels him to defend every foul federal holiday, including Martin Luther King’s dedicated day. (I’m sure there are other more ludicrous that the last.)

Since nobody notices how poorly written his columns are, no one will be the wiser about BO’s poorly constructed arguments. (Except those who read this space.) However, his fans would do well to think through how deficient BO’s argument against Gregoire really is.

Think about it: if Christmas were not a public holiday, would the vile, rude display this uncouth woman sanctioned be justified? How do you justify Christmas with reference to this country’s founding faith if you defer to State law that has banished that tradition from the public square?

You can’t! You always come short when you argue from the positive law.

As I’ve written (it’s under Quotables–and you have to attribute), “sometimes the law of the State coincides with the natural law. More often than not, natural justice has been buried under the rubble of legislation and statute.”

How much legislation? A lot:

We labor under over 56,009 pages of laws in the U.S. Code; 134,488 pages of regulatory laws in the Code of Federal Regulation, and more than 68,107 pages of laws in the Federal Register. There are upwards of 2,756 volumes (and counting) of judicial precedent. Correct me if I’m wrong. (Where is my good friend Jerri Ward when I need her?)

Over and out,
Your consummate natural lawyer

BillO Tosses & Gores Governor Gregoire; So Far So Good (But…)

Christianity, Conservatism, Founding Fathers, Freedom of Religion, Law, Media, Natural Law, The State, The West

I’m pleased Bill O’Reilly is targeting the left-liberal governor of Washington State. Seldom do I identify with any of the causes BO champions, other than his offensive against sanctuary cities and criminal aliens. I appreciate his passion over those issues. For the rest, he might as well be speaking Greek.

(I’ve noticed BO’s “theories” about Big Bad Oil have taken a back seat of late since market forces combined with an induced recession to render gas prices at an all-time low.)

I also defended BO effectively when he took the unpopular stance of personal responsibility with respect to Shawn Hornbeck.

But notice that BO always argues from the stance of the positive law. There is no such thing as natural justice in his universe, although his righteous anger about crime, by illegals or others, comes close.

In the case at hand, the odious Governor Gregoire sanctioned an atheist diatribe alongside the traditional holiday display of the Nativity scene in the state capitol building. BO defends Christmas on the grounds that it’s a federal holiday. Logical consistency, then, compels him to defend every foul federal holiday, including Martin Luther King’s dedicated day. (I’m sure there are other more ludicrous that the last.)

Since nobody notices how poorly written his columns are, no one will be the wiser about BO’s poorly constructed arguments. (Except those who read this space.) However, his fans would do well to think through how deficient BO’s argument against Gregoire really is.

Think about it: if Christmas were not a public holiday, would the vile, rude display this uncouth woman sanctioned be justified? How do you justify Christmas with reference to this country’s founding faith if you defer to State law that has banished that tradition from the public square?

You can’t! You always come short when you argue from the positive law.

As I’ve written (it’s under Quotables–and you have to attribute), “sometimes the law of the State coincides with the natural law. More often than not, natural justice has been buried under the rubble of legislation and statute.”

How much legislation? A lot:

We labor under over 56,009 pages of laws in the U.S. Code; 134,488 pages of regulatory laws in the Code of Federal Regulation, and more than 68,107 pages of laws in the Federal Register. There are upwards of 2,756 volumes (and counting) of judicial precedent. Correct me if I’m wrong. (Where is my good friend Jerri Ward when I need her?)

Over and out,
Your consummate natural lawyer

‘José Medellín’s Dead; Cue The Mariachi Band’

Crime, IMMIGRATION, Individual Rights, Left-Liberalism And Progressivisim, Natural Law

As I write in “José Medellín’s Dead; Cue The Mariachi Band,” my new WND column, “local, international, and loco “liberati” fought ferociously for José Medellín’s life.”

“After raping Jennifer Ertman and Elizabeth Peña in every which way possible, Medellín proceeded to strangle, slash, and stomp the young girls to death.” He was executed on August 5, 2008, by the (dashing) governor of Texas, Rick Perry.

“But the case … roiled liberals, for they had uncovered—or, rather, minted—new rights: ‘consular rights.’”

But, as I contend, “a procedural default such as the failure to apprise a defendant of his consular contacts is never a violation of a natural right. ‘Consular rights’ are of a piece with Miranda rights and the Exclusionary Rule—technicalities tarted up as real rights.”

For details of how Bush wrestled a crocodile for Medellín, read the complete column, “José Medellín’s Dead; Cue The Mariachi Band,” on WorldNetDaily.com.