Over the past few days I’ve participated in several comment threads at The Agitator, most notably here, here, and here. Yesterday Radley Balko posted on the matter of Compelled Speech:
The merry band of libertarian litigators at the Institute for Justice have latched onto yet another righteous cause.
This time, it’s the government-mandated requirement that all producers of certain agricultural products be required pay up for generic ad campaigns designed to boost demand for their product — be it beef, pork, honey, or in this case, milk. (Imagine you’re a pork or beef farmer, and you’re required to pay for Cool 2B Real, or Pork 4 Kids?)
So all of those “Got Milk?” ads you’ve seen aren’t the result of milk producers getting together voluntarily to launch an ad campaign, they’re the result of a federal mandate requiring every dairy producer to pay up, whether they want to or not.
IJ is representing a small dairy farm that wishes not to associate itself with its Big Dairy competitors.
I think there’s another interesting angle to this story, too. The federal government is simultaneously requiring diary producers fund ad campaigns for milk, while cozying up to nanny-state organizations that criticize Big Dairy for promoting an unhealthy product in those very campaigns.
When the day comes that John Banzhaf finally launches his class action suit against Big Dairy or Big Pork, then, will he be able to name as co-defendant every dairy producer who was compelled by law to support the ad campaigns?
Following through on a line of argument I’d been pursuing in the above threads I commented:
Didn’t the milk producers agree to pay for these ad campaigns by not moving to Somalia? (I gather that’s how social contracts work.)
How is this in principle different from billing me for any other damn thing the government wants to say or do?
If the first part of that seems harsh consider what Agitator Brian Kieffer argued about consent of the governed in a comment to me two days ago:
You volunteer based on your decision to stay.
Whether you like it, or not, the land on which you live is subject to the laws of a government that came into existence long before you arrived. You don’t have to love this country, or our taxes, or our laws… and fortunately you are able to change them if enough people agree with you. However, you are obligated to abide by them. You are also free to leave any time you like…. it’s been done before.
If that’s so then it’s pretty clear that by not leaving the country, the dairy farmers agreed to pay whatever the government requires of them. What’s special about this as a free speech issue? There’s plenty of speech going on down in Washington that I don’t want to pay for so can I get a refund too?
Agitator Brooke Oberwetter responded to my comment:
I think the “point” that JTK is getting at is that we as bloggers are half-assing it by complaining about some egregious misuses of power but not others. Our efforts are useless in the face of our massive and tyrannical government.
“How is this misuse different?” he asks.
“Aren’t these legislators playing by the rules they have adopted?” he asks. “Why bother pointing this shit out?”
“Why is this coercion any worse than me, John T Kennedy, paying my taxes.”
Well it’s not. But bloggers pick the ones that are of interest to us and that we personally find to be particularly ridiculous.
We’re all aware, JTK, that most government action sucks. And those people who aren’t aware aren’t going to be convinced by Radley writing “It all sucks” over and over again. And obviously there simply isn’t enough time to document every single abuse of power, every instance in which the government sucks. So we introduce anecdotal evidence of the suckage, examples that make the suckage more real.
I don’t think that just because this blog contains criticism of un-liberal actions, it is in some way responsible for pointing out and criticising all egregious actions of the government. It’s one thing for JTK to say, “Well, I feel that this case is particularly unimportant.” But that’s not what he’s doing. He’s saying, “Well, it’s all unimportant in the face of me having to pay taxes.” While it may be a valid argument, it certainly would get old fast if every post ended with “…but this misuse of power is of course expected. After all, John T Kennedy is still paying his taxes.”
Sorry for the rant.
I do not hold anyone responsible to point out all the wrongs done by government. Nor do I think that my own situation need be of special interest to anyone but me. What I’ve been pointing out is a failure to generalize and a failure to follow principles through to their logical conclusions.
Imagine if The Agitator was a blog for physicists and Radley blogged a lot of observations about fruit falling from trees:
Radley: There goes a big red apple. There goes a little green one. There goes an orange!
John: How is that any different from this rock or my pencil?
Brooke: We’re all aware that most things fall, but we can’t report on each one so we introduce anecdotal evidence of the falling, examples that make the falling more real.
It’s quite true that you cannot report every instance of misdeed by government but you can address every instance by discerning principles and following them through to a logical conclusion.
Oberwetter appears to say that it’s wrong to tax me but, but why is it wrong? Kieffer says I’ve agreed to the rules by which that tax was implemented.
If Kieffer is right then taxation is not wrong and there is no moral foundation for libertarianism. If “The People” are our landlords through the agency of the U.S. government then they can require whatever they choose for the privilege of staying. There is no moral reason why the landlords must allow freedom of speech or freedom of association or freedom of religion on their property.
If such coercion is wrong in principle then there is no moral foundation for government. And if it’s not wrong in principle then how can Balko and Oberwetter hold that it’s wrong at all?
I see little evidence that they are prepared to follow that principle through to it’s inevitable philosophical conclusion: Anarchism. If they are not willing to take the principle through to it’s logical conclusion then how are their moral observations anything more than special pleading? Why should anyone take such special pleading seriously?