Culture Isn’t Property. Copying Isn’t Stealing.

English: Stanford Mausoleum during the annual ...
English: Stanford Mausoleum during the annual Halloween Party at Stanford University (Photo credit: Wikipedia)

I used to love Halloween. Not just as a kid, but also as an adult taking my own children out for church “trunk or treat” events and to selected neighborhood homes (we lived a few blocks from the house where the events The Exorcist was based on occurred; in fact, friends still live in that very house; spooky!). No store-bought costumes for my progeny — we spent weeks thinking about and designing and sewing and modifying theirs.

So much for that bygone era. These days I heave a sigh of relief when October 31 clicks over to November 1 and take a moment to mourn yet another holiday ruined by a bunch of sourpuss puritans with a grievance complex.

Piled on top of demands that all of us who haven’t received our perpetual victimhood certificates check our privilege and respect others’ pronouns and perhaps cough up reparations for things we didn’t do to people we didn’t do them to, comes now the burden of ensuring that our Halloween costumes include no elements drawn from societies (living or dead) for which we cannot produce personal affiliation credentials of some sort.

It’s not just a Halloween thing, of course. But Halloween seems to be ground zero for “cultural appropriation” butthurt.  Which I have to say pings the old irony meter in a big way: As philosophy professor Jason Brennan playfully points out at the Bleeding Heart Libertarians blog, unless you’re of Irish extraction, celebrating Halloween (formerly Samhain) at all IS “cultural appropriation.”

News flash: Anything and everything you do, anything and everything you use, anything you have or own, originated in some culture, and for any given thing there’s a very good chance that said culture isn’t the one you call your own.

Every human being living in any modern society begins “culturally appropriating” when the alarm clock goes off in the morning and doesn’t stop doing so until the lights go out at bedtime. Actually, not even then (we don’t know who invented the bed, which has been around for at least 77,000 years, but chances are it came from a culture you have no affiliation with).

And that’s how it SHOULD be. Culture is not property. Copying is not stealing. Imitation is the sincerest form of flattery.  Instead of chewing each other out for it, we should learn from each other at every opportunity and celebrate when we create something others find worthy of adoption.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Dakota Access versus the American Way

Photograph of General William T. Sherman and C...
Photograph of General William T. Sherman and Commissioners in Council with Indian Chiefs at Fort Laramie, Wyoming, ca. 1868 (Photo credit: Wikipedia)

CNN reports that protesters from around the world continue to congregate in North Dakota in solidarity with the Standing Rock Sioux and their struggle to stop construction of the Dakota Access Pipeline through (or placed so as to negatively affect) tribal lands.

The issues and the divide between sides seem to be fairly conventional: Promises of jobs and economic growth motivate the pipeline’s supporters. Its  opponents cite environmental concerns (especially the prospective damage to tribal lands) and allege violations of the Fort Laramie Treaty of 1851 in Texas-based Energy Transfer Partners’ wheedling of land use permissions out of federal and state governments.

On balance, the opponents seem to have a good case; the supporters not much of a case at all.

For more than a century and a half the US government has selectively ignored its treaties with the Standing Rock Sioux and other tribes whenever those treaties threaten to stymie the plans of corporations with friends in government. Successfully holding Washington to its word this time might give the politicians and their cronies pause next time.

And even if letting the US government use treaties as toilet paper just because it can wasn’t an incredibly corrosive idea, keep in mind that it’s not just the Sioux who are getting mugged. Private land owners all along the pipeline’s 1,100 mile route are feeling the pain, too. Like Keystone XL before it, ETP leverages government’s power of “eminent domain” — under the pretense that the pipeline is some kind of public service rather than the private for-profit enterprise  it actually is — to steal much of the land required to complete Dakota Access.

The go-to excuse among proponents of these “public/private partnership” type land thefts is always “jobs and economic development,” but even if that excuse flew (it doesn’t), it’s a pretty poor one in this case. The $3.7 billion pipeline is advertised as creating a whopping 40 permanent jobs. I’m not sure how many people work at the average Wal-Mart, but it looks like more than 40 to me. How many jobs in agriculture and other sectors would Dakota Access destroy along the way? We have no way of knowing.

For me, the bottom line is this: If the only way to do something you want to do involves stealing other people’s stuff, you shouldn’t do it. And you certainly shouldn’t get government help to do it. Dakota Access is the opposite of the American way.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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The Virtue of Selfies-ness: Libertarians Fight for Free Speech at the Ballot Box

Caryn Ann Harlos
Caryn Ann Harlos

It’s finally election time — as I write this, early voting is already under way in many states. You may have already voted. Even if haven’t, you probably know who you’re voting for. But if you live in Colorado, it’s illegal to tell anyone who you voted for, or who you think someone else might have voted for.

Yes, really. It’s right there in black and white in Colorado Revised Statute  §1-13-712, section 3: “No election official, watcher, or person shall reveal to any other person the name of any candidate for whom a voter has voted or communicate to another his opinion, belief, or impression as to how or for whom a voter has voted.”

Caryn Ann Harlos objects. Strenuously. She’s the communications director of the Libertarian Party of Colorado and sits on the party’s national committee, so you can probably guess how she’s voting. But she’s not allowed to tell you, even though “communications” is right there in her job title.

Oh, and according to section 2 of the same law, you can’t ask her, either: “No person shall endeavor to induce any voter to show how he marked his ballot.”

Harlos petitioned Colorado Attorney General Cynthia Coffman and Denver District Attorney Mich Morrissey to publicly recognize the blatant unconstitutionality of this law. They declined. So, in concert with two other plaintiffs and the aid of the libertarian Our America Initiative, Harlos filed suit  in US District Court. They’re asking, for among other things, a preliminary injunction and restraining order to protect voters, pollsters, journalists, and neighborhood gossips from arrest. The first hearing is scheduled for November 2nd.

Federal judges in New Hampshire and Michigan have already ruled against “ballot selfie” laws, as well they should have. It’s pretty much a constitutional slam-dunk. The act of voting doesn’t create an exception to your free speech rights. The scope of the Colorado law is particularly egregious. Coffman and Morrissey are wasting tax money — and disrespecting Colorado’s voters — by defending it.

The Libertarian Party’s candidates don’t win many elections. In fact, they usually come in a distant third in any three-way race. But Libertarian Party and libertarian movement activists are stepping up to defend your rights. If Caryn Ann Harlos has her way, you’ll be free not just to vote for a Democrat or Republican, but to publicly say you did so. Think about that when you enter the voting booth.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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