February 9, 2010

Ode to the Discount Liquor Store in My Neighborhood

Whole Foods’s shelves were all too early bare,

But as til Thursday we will be snowed in,
Bare shelves could not stop me from going there.
To be quite frank I went for just one thing –
I wanted bourbon and I had forgot,
Their liquor license holds just wine and beer;
Reluctantly I found milk and the lot.
Without bourbon tho I remained afraid
Of snowy pangs when everything’s delayed.
Around the block I trudged in near despair
O Dear Logan why do you pleasures hide?!
Then tell-tale deadbolt and tall guard aware
The presence of a liquor store belied!
Gladly for under twenty dollars sold
Shelves stocked now with warming Kentucky gold.

February 8, 2010

How did I miss this?

Google, Paris, Romance, Studying Abroad, and Babies all wrapped up in one 52 second spot!

And, as long as we’re playing in videos, here’s something spectacularly happy:

February 8, 2010

Imagination Constraint

When groups of libertarians get together one of two things happen.  Either we start discussing What Needs to Be Done, i.e., how do we gain traction, or we start debating ideological margins, like what degree of anarchy would be ideal.

Now.  I am not interested in anarchy.  But it’s true that honing ideas requires some play at the edges of constraint.  And truly when the goal is Smaller Government, there’s no way to hone ideas without at least acknowledging that less government means more governance through individuals, which need not look so much like Lord of the Flies as my cautious heart fears.

There are two paths to finding ideological edges.  We can either start from Point Now or from State of Nature.  Starting from Point Now entails looking at how deeply the Powers at Be are entrenched, how the situation on the ground behaves in practical effect, and how we can roll backwards from here.  Alternatively, starting from State of Nature means that we imagine a sort of naked Robinson Crusoe, adding communitarian elements without regard for how things entrenched to a more realistic, constrained Point Now.

The two approaches become interesting when we look at how the unconstrained version of Enhanced State of Nature — the post-imagined Robinson Crusoe — reflects the current state of affairs.  For instance, even the most government-shy libertarians believe there should be some sovereign body exerting pressure on fiscal policy.  At Point Now, however, we complain about the entrenched, impractical Fed.

Formalizing the social contract does require compromise in the direction of inefficiency.  Men have been social animals since even before we made that apple-d switch to “sapiens” (who was it who said that men are not so much social animals as it is that we’ve discovered the benefits of comparative advantage and free trade?).  The question cannot be whether some action or agreement is best at the margins of this moment.  Instead, we must look ahead to which investments promise best returns.

What’s interesting about the “anarchy” thought experiment in the US is that we’ve done it.  It wasn’t so long ago that a group of dudes sat around and debated how to protect freedom in a real way.  Granted, what “freedom” means may have differed at the margins between Hamilton and Madison.  But in a real way our founding fathers attempted to explore the freedom question from a state of nature, absent imagination constraints, and THIS is what results.

When today’s libertarians describe private structures resembling nothing so much as the Fed and insurance stacks, I can’t help but wonder whether a freer polity could have gone any way but this.  Even the waxing and waning of individual rights — never so well demonstrated as in the comparative Bush/Obama policies — are a sort of required political institution, without which we would never remember what to protect.

February 5, 2010

Learning and Socialism

My cab driver this morning was from Haiti.  It was refreshing, on this trip to La Guardia, to get some variety from the Ethiopian/Eritrean mix you find in DC.

Jean Marie lost two nephews and a niece in the earthquake.  One nephew had been in law school; the other, a doctor.  Family scheduled the funerals for next week, the earliest possible time the morgue can release these three, amongst three hundred thousand, bodies for burial.

Jean Marie had been a sociology professor in Port-au-Prince.  He took great pleasure in teaching us this morning.

I earned a B+ from Jean Marie.  We talked about the de facto caste system capitalism imposes.  How Americans are solipsistic, selfish in a way that every other country is not.

Granted, Jean Marie has spent all 29 of his stateside years driving a cab in New York City.  If there’s any position on earth more prone to subjecting a man to the full measure of his humility, this is it.  Indeed, from his perspective it’s no wonder he sees Americans as one monolithic sonofabitch.

My final exam in Jean Marie’s class came as a discussion on socialism. Jean Marie agrees that capitalism is better at large in the world.  Still, though, he is determined to spend “periods at intervals” living in socialism.

Interesting, no?  The idea of socialism as a state of mind that cannot exist independent of capitalism, but that’s a refreshing way to mix it up once in awhile

I agree completely, I told JM.  I am a conservative and a capitalist, but I crave cooperation and unselfish sharing.  I tend towards academia, which is necessarily a social-mentality idea-sharing pool where nobody has any money.  And anyone I’ve ever dated can quote from my treatise on the Communism of Family, where Randian transactional relationships should cede to loving, sharing, unselfish pooled well-being.

JM denied me the A bc I could not agree that gov’t imposition is necessary – or even remotely beneficial – to the “cooperation” side of socialism.  Even the sharing he remembers from Haiti – where everyone delivers a daily plate of whatever’s-for-dinner to each neighbor – that has nothing to do w/ government.  In fact, Good Samaritan laws may well – anecdotally – tamp that spirit of generosity.

We debated only cursorily – I was more interested in what JM had to teach than in probing the weak spots in his argument s – but it’s fantastic to learn something quite so valuable without having to work hard for it.  Even as JM got excited and began gesticulating in ways not conducive to safe travel, it was a huge bonus on this airport run to find a window into how the Haitian educated elite – the ones comprising Hispanola’s Brain Drain – view class, race, and history.

“America never thought of Haiti at all until the earthquake,” JM said.

“But Americans don’t think of anyone.  It’s not personal, against Haiti.  We don’t think of Canada either, or Holland.”

America profits pretty spectacularly from our position as Shining City on a Hill.  But perhaps the left-leaning periods in our history are indeed Americans’ way of taking Jean Marie’s suggestion and delving into those intervals of socialism.  Perhaps there are some benefits – political or otherwise – to looking around a bit before the earthquake hits.

February 3, 2010

Lying Liars

Tonight I spent with one very old friend and four guys paid to lie for a living.  They’re a bunch of contractors.  When big companies – say Barnes and Noble – suspect an employee of stealing, they usually can’t prove it.  Companies can’t even accuse the employee without some hard proof.

Enter these dudes.  Contracted by the company, these dudes come in and spin unbelievable tales.  They fly in to wherever the suspicious behavior occurs.  They stay as long as it takes to elicit a response/confession.  And they lie and lie.

They lie their asses off.  Enormous, fantastical lies.  Stories so obscure that ultimately, sheepish and shamed, the stealing employee confesses.

I am not making this up.

Good lord, I want this job.

We’re in the basement of this bar.  Normally it’s all lawyers.  Tonight it was just us, the only Republicans in New York, and my very old friend.  Not casual republicans; I mean adjacent to our little group drank a former Bush official wearing administration cufflinks.  The liars were, predictably, a bunch of old Marines.

There’s something refreshing about that.  To bond with a bunch of professional liars you met because they demanded a dirty joke.  To be in exactly that former-bartender state-dependent place where all those jokes come bubbling up.

Also I’m a chick.  When one by one the lying liars made sure I had their numbers, I couldn’t help but but muse: What if I called them.  What an exercise, what an intellectual acrobatic, to date an expert liar.

The thing about lying professionally, it seems, is that you’d have to have a colorful story to begin with to pull it off.  No one just wakes up one day w/ disdain for the truth; your story has to be colorful enough to inspire a series of stretches — truth calisthenics — over the years.

One of the dudes was the third of sixteen kids.  Another is a Regan Republican who voted for Obama bc his daughter, who was murdered in 2008, desperately wanted “change.”  These were a bunch of crazy Irish Catholics interesting enough to render the truth or falsity of their statements pretty much immaterial.

And seriously how does one get this job?!

February 2, 2010

Together in the Same Direction

It’s no secret that I love relationship theory stuff.  What can I say?  I’m a lover, not a fighter.

To that end, this week’s fixation centers on Patti Smith and Robert Mapplethorpe.  They’ll never replace Joan Didion in my heart — indeed, Smith was shocked when she learned Mapplethorpe was gay — but there’s something about that grow-together, learn-together that tugs my heartstrings in such a satisfying way.

Patti’s book about her relationship w/ Mapplethorpe isn’t brand new.  But her references (the title “Just Kids” referring to tourists who declined to take the Bohemian couple’s picture bc by all appearances they were  mere raggedy kids) are certainly newer than “Picasso’s portrait of Gertrude Stein,” the most parallel pop memory the NYT invokes:

Apart from a certain shared apprehension of immortality — complacent in one case, but endearingly gingerly in the other — the skinny 28-year-old on the cover of Patti Smith’s seismic 1975 album, “Horses,” doesn’t look much at all like Picasso’s portrait of Gertrude Stein. But because the shutterbug was Robert Mapplethorpe, who was soon to become fairly legendary himself, that exquisite photograph of Smith on the brink of fame is as close as New York’s 1970s avant-garde ever came to a comparable twofer. The mythmaking bonus is that the latter-day duo were much more genuinely kindred spirits.

What a lovely thought: A relationship dependent not on the romantic, but rather on a shared love of something great!

Writes Antoine de Saint Exupéry:

Aimer, ce n’est pas se regarder l’un l’autre, c’est regarder ensemble dans la même direction.

(“Love, it’s not gazing at one another, but rather to gaze together in the same direction.”)

Smith’s biography of a relationship predictably becomes a biography of an instant time and place.  From another, more recent review:

… “Just Kids” is the most spellbinding and diverting portrait of funky-but-chic New York in the late ’60s and early ’70s that any alumnus has committed to print. The tone is at once flinty and hilarious, which figures: she’s always been both tough and funny, two real saving graces in an artist this prone to excess. What’s sure to make her account a cornucopia for cultural historians, however, is that the atmosphere, personalities and mores of the time are so astutely observed.

But the rendering part of that romantic period crystallizes in this shared perception.  Smith found the muse she needed in Mapplethorpe (“We gathered our colored pencils and sheets of paper and drew like wild, feral children into the night, until, exhausted, we fell into bed,” she writes).  And through her he gained some solid handhold:

[Smith's job clerking at Scribner's bookstore] left Mapplethorpe free to doodle while she earned their keep, which she didn’t mind. “My temperament was sturdier,” she explains, something her descriptions of his moues confirm. Even when they were poor and unknown, he spent more time deciding which outfit to wear than some of us do on our taxes.

That line makes it a little cute that she didn’t realize he was gay, no?

So evidently the book outlines in exquisite detail the hard years, the romantic years, and leaves off where the fame and alienating kind of debauchery begins.  Part of the “gazing together” is towards celebrity in their midst:

Among the most charming vignettes is her attempted pickup in an automat (“a real Tex Avery eatery”) by Allen Ginsberg, who buys the impoverished Smith a sandwich under the impression she’s an unusually striking boy.

And, bc I am (obvi!) equally a fan of book reviews, here are the last lines of the two NYT reviews, each evocative and lovely:

They sound like Hansel and Gretel, living in a state of shared delight, blissfully unaware of what awaited on the path ahead.

and:

Peculiarly or not, the one limitation of “Just Kids” is that Mapplethorpe himself, despite Smith’s valiant efforts, doesn’t come off as appealingly as she hopes he will. When he isn’t candidly on the make — “Hustler-hustler-hustler. I guess that’s what I’m about,” he tells her — his pretension and self-romanticizing can be tiresome. Then again, the same description could apply to the young Smith, and we wouldn’t have the older one if she’d been more abashed in her yearnings. This enchanting book is a reminder that not all youthful vainglory is silly; sometimes it’s preparation. Few artists ever proved it like these two.

February 2, 2010

Credit and Full Faith

Maybe I’m just approaching this like a student, but it seems that as between apple pie and debt we’d be hard-pressed to decide which is the most quintessential American institution.  The only thing Americans want more than more is to compete, right?

Keeping up w/ the Joneses costs money, as it turns out.  And, as we’re daily reminded through the health care debacle, no money is more fun to spend than theoretical future money.

Theoretical future money is so much more fun to spend, in fact, that we’re willing to spend twice as much when paying with credit as when we’re paying with cash.  In November a New York City authority required all cab drivers to install credit card machines in their cars.  The drivers resisted, but wound up making more money as a result:

The story boils down to loss aversion blinding the cabbies to two salient facts about credit cards: 1) They make people spend more, 2) They can be programmed with “default” tip amounts much higher than what drivers were typically receiving with cash.

The effect of credit cards on our spending is particularly striking. I think we all have an intuition that plastic makes us spend more. This study (PDF) shows that people will bid more than twice as much for an item (in the experiment, NBA tickets) when allowed to pay with credit card instead of being restricted to cash — far more than even I would have guessed.

Not only do credit cards make the taxi option more convenient, they make the spending option more convenient:

New York City’s Taxi and Limousine Commission reports that revenues are up 13% from the end of last year, despite a recession which is hitting the taxi industry hard in other cities. Tips, meanwhile, have risen to an average of 22% on credit-card transactions, up from around 10% under the old, cash-only system.

Most people are vaguely aware that they spend more with plastic than with paper.  That doesn’t mean that we’re willing to cut back the credit, though.

Instead, even in these lean economic times, we’re finding new ways to rely on Theoretical Future Monies rather than hit the ATM and suffer the loss of cold, hard cash.  Forget the ubiquitous credit options online (who hasn’t used Google Checkout?); we’re looking at future spending options that make even Paypal seem tame.

Square, a credit system backed by one big i-bank plus a “team of angels,” offers a gadget permitting members to swipe a credit card from their mobile phones.  Gushing that Square may well represent the “end of cash,” PCWorld explains:

Square allows credit card payments to be processed directly from an iPhone or iPod Touch. That part alone isn’t all that revolutionary. There are a number of iPhone apps that facilitate credit card payments, but they require manual input of the credit card number. What sets Square apart from those apps is that is provides users with a small–well….square–gadget that can read the magnetic stripe information from credit cards.

Using a private credit card reader allows members to avoid problems of privacy, identification, germs (no need to carry filthy cash!), and card company fees, presumably higher than whatever fees Square will charge.

So we’re working to revolutionize the credit industry in a way that will make spending more convenient and that statistically will enable — nay, encourage! — us to spend upwards as twice as much.

Indeed, if the cab study is any indication, statistics suggest that we’re willing to spend over 10% more on things we wouldn’t have purchased at all were it not for the lure of theoretical future monies.  Doubling our spending only comes in with things we would have purchased even with cash, if the doubled-tip phenomenon is any indication.

More than the spending, credit card holders likely worry about fees.  In fact, fees only affect users who spend beyond our means.  From last Sunday’s “Five Myths About America’s Credit Card Debt“:

As more and more people were preapproved for credit cards in the ’80s and ’90s, the “free” credit used by the most affluent households was subsidized by the high interest rates and penalty fees paid by the most financially distressed. A carefully guarded secret of the industry is that about a quarter of cardholders have accounted for almost two-thirds of interest and penalty-fee revenues. Nearly half of all credit card accounts do not generate finance and fee revenues.

So credit card companies frame fees as part of the territory, discussing nigh-exclusively fee structures in their ads, but most card holders never have to think about that.  Most credit holders pay off their bills each month so fees never become an issue.

Where to go from here?  As far as I’m concerned, debt is at least as American as apple pie.  I’m in my sixth year of graduate school and, were it not for credit card debt I wouldn’t be where I am today (literally: In a queen size bed at Manhattan’s swanky Algonquin hotel, paid by yours truly but mercifully reimbursed by my law school as soon as this moot court competition ends).

What makes credit card debt unique is that even knowing these caveats — we tend to spend more, even on things we wouldn’t want if not for the “theoretical” nature of Future Money, and we can avoid paying more for that debt — many Americans nevertheless go full throttle on debt acceptance.

Americans are all loose-fisted Keynesians, as it turns out, when it comes to creating or saving creature comforts.  It’s just a matter of looking down the road and deciding whether holding onto creature comforts is worth it, or whether you’d rather have that future money (and the bigger purchases incumbent to it) when the cash ceases to be theoretical.

January 30, 2010

Feminism and Inverse Evolution

To anyone who didn’t grow up in a comically-traditional household (did your Italian parents spank you w/ a wooden spoon?), word on the street is that men want a chase, while women need possession.  Also, ladies?  No one will buy the cow if you give away milk for free.

In some ways gender roles are set deeper than culture.  It’s not of habit that men hunt while women gather; men are physically more capable of throwing a spear and chasing game.  Women, with our vision more attuned to detail, with our ability to scatter focus, should spend our time collecting foods that don’t fight back or flee.

Feminism turns that instinct on its head.  As a community evolves we tend to lose our single-minded drive for efficiency, and begin delving into innovation.  It doesn’t matter that males traditionally hunt mastodons better; perhaps if some women join the hunt we’ll revolutionize the method.

Indeed, as a community evolves its members demand ever-higher needs on Maslow’s hierarchy.  Where 200 years ago it was enough to feel protected from the elements, now we want equal pay for equal work.

This par-raising instinct — like the drive to venture into art, to divide into social castes, etc. — represents a sort of cultural apex.  Here individuals have the best opportunity to experiment as individuals.  But abandoning efficiency as primary social drive arguably becomes a sort of harbinger for a community’s first move towards decline.

Three blog posts this week explored the sort of boundaries to this “inverse evolution” theory:

Remember that “go ahead and settle” article The Atlantic published last year?  Julia Baird rails back in Newsweek:

“I know this is an unpopular thing to say,” [Gottlieb, author of "Marry Him: The Case for Settling for Mr. Good Enough"] writes, “but feminism has completely f–ked up my love life.” Um, I know why it’s unpopular: because it’s completely unfair. Feminism is a centuries-old social movement, not a self-help book—we can’t blame it for bad decisions we make about men. The problem, as Gottlieb sees it, is that women were told they could have it all, which meant not compromising in any aspect of life, including dating (which is odd because people who can’t compromise aren’t feminists, they are just generally unpleasant people). Then women got so fussy that they “empowered themselves out of a mate.”

Baird does not go so far as to argue that feminism has helped daters (not like Christine Whelan’s “Why Smart Men Marry Smart Women”).  But she defends feminism from accusations that deviating from traditional mores make traditional relationship models impossible.  Our parents’ generation taught us how to date, after all, and when we start rejecting some of their values it’s hard to know where to stop.

So feminism, while unnatural, doesn’t hurt potential partnerships.  From that defensive baseline, today’s blogosphere offers perspective on how beauty differentials affect an established relationship:

[I]n contrast to the importance of matched attractiveness to new relationships, similarity in attractiveness was unrelated to spouses’ satisfaction and behavior. Instead, the relative difference between partners’ levels of attractiveness appeared to be most important in predicting marital behavior, such that both spouses behaved more positively in relationships in which wives were more attractive than their husbands, but they behaved more negatively in relationships in which husbands were more attractive than their wives.

Doesn’t this remind you of that advice from my Italian father, that men prefer the chase?  When wives are more attractive — more desirable to their spouse as well as to other people — everyone is happier.  On its face this suggests that men are in fact happier when there remains an element of competition in their established relationship.

On the flip side, perhaps women simply need more physical reassurance than men.  Three years in a sorority house taught me a lot about feminine insecurity.  More attractive women need perhaps more active reassurance re their sustained beauty than the average gal.

Remember that classic Craigslist ad comparing the declining and appreciating aspects of men and women’s respective assets?  Women know men are visual, competitive creatures.  The “traditional” — as opposed to feminist, or “inverse” — urge suggests that wanna-be-wives focus on the parts that mates appreciate, while abandoning what might evoke more competition than warmth.

Another “inverse evolution” parallel might suggest that even banal urges may not come from potential mates at all.  Future breeders have to look wayyyy down the line to where they will be ready to settle down.  Today’s competition has less to do with landing a mate right now and more to do with fitting in with a girlie clique, avoiding the mean girls, etc.

Finally, Newsweek also published a “nature v. nurture” approach to Elizabeth Edwards’s plight:

If Elizabeth Edwards were behaving as evolutionary psychology says she should, she would not be separating from her philandering husband, former senator John Edwards. He, after all, merely slept with the help; he never pulled a Mark Sanford, who called his mistress his “soulmate.” Women are supposed to find only emotional betrayal upsetting; they’re not supposed to care if their mate shtups anything in a skirt (Elin Woods is therefore conforming to the stereotype of women being forgiving of sexual but not emotional infidelity if she, as reported, stays with Tiger; the very fact that his mistresses numbered in double digits suggests there wasn’t exactly a deep emotional commitment there).
Of all the ways men are from Mars and women from Venus, this supposed sex difference in jealousy is one of the most amusing. But an intriguing new study suggests that the gender gap in jealousy may be the result of something that is not at all hard-wired: the different ways boys and girls are raised.

Genetically it makes sense that respective genders react the way we do:

[I]f a woman sleeps around, then her partner might (unknowingly) be deprived of her reproductive services for at least nine months, and could wind up raising another man’s child—both of which hurt his own chances of reproducing, which is the currency of evolutionary success.  A man should therefore become much more upset by his partner’s sexual infidelity than by her emotional infidelity (developing a crush, for instance, but not acting on it).

In contrast, if a man falls in love with another woman, he might abandon his wife and children, putting them at risk, but meaningless extramarital sex is unlikely to lead to such a drastic outcome. A woman should therefore care more about her partner’s emotional infidelity than his casual hookups.

So approaching this from the “nature” (genetic hardwiring) point of view — the traditional perspective — politicians’ wives are doing what’s best to protect their investments.  Jenny Sanford should be more angry than Hillary Clinton.  Does a deviation from nature to nurture change anything?

Well, there’s pride.  Helpless women of yore would have found better incentives to forgive and forget, bc the alternative would have been devastating.  Today women crowd tomorrow’s trophy husbands out of graduate school.  Our rejection of traditional roles provides indignant leverage to reject old caveats attached to outdated mores.

Which begs the question: Has marriage followed mores down this inverse path?

Perhaps it’s because gender roles have evolved in a more inverse — or merely quicker — way than community’s relationship formulation (i.e., marriage, domestic partnerships, but certainly formalized) that so many couples diverge again from tradition.  Or perhaps one rship-member’s helplessness was a critical element after all in the formulation traditionalists know and love.

Formalization helps everyone though.  Formalizing forever-ship protects against the perils of balding and late-onset unattractiveness.  It ensures childrearing help.  And, if nothing else in this modern world, it tamps the spread of disease.

As usual everything comes down to pragmatism.  If you would like to participate in traditional roles — including parenthood — then traditional models work.

They may well be ”caveman” instincts.  But it’s pointless to deny the community benefits that accompany the traditional model.  Instead, postpone the social apex and accompanying inevitable decline.  It doesn’t matter whether we’re moving forward or backwards; why reject nature for nurture at the expense of comfort?

It may prove satisfying to intellectualize the whole enterprise, but when it comes down to it everyone benefits from the same perks that benefited our grandparents.

January 29, 2010

Coming Home Again

To all you military families out there:

Spirit

January 27, 2010

State of the Union Cartooning

January 26, 2010

Nom to Discrimination

I love John Mackey.  Like, from the tips of my jingle-skirt toes to the top of my libertarian head, I want to have ten thousand of John Mackey’s organic babies.

And yet — this hiring practice seems like nothing more than a lawsuit waiting to happen.  Sizeism, thy name is health.  From Jezebel:

Several readers have alerted us to a new program whereby Whole Foods will offer steeper employee discounts to people with lower BMIs. Exactly how little they have to weigh to pay only $37 per organic oyster mushroom, after the jump.

Whole Foods CEO John Mackey explains the program in a letter, reproduced below. Apparently it’s part of an initiative to reduce health care costs, which is interesting since Mackey is against the health care reforms that would actually reduce costs for all people.

Let no one suggest that Mackey is not sincere.  His interest in reducing costs for all people parallels his conservative side bent on capitalizing on our obsession with health and, yes, obsessive pursuit of zero size.

Staunchly entrepreneurial Mackey decries forces that oppose libertarian goodness so central to the American Dream (“The union is like having herpes. It doesn’t kill you, but it’s unpleasant and inconvenient, and it stops a lot of people from becoming your lover.”).

Here’s his letter instituting this size-based pay reform:

What do you think, kids?  Let’s do an under/over on how long it’ll take for a self-righteous, gluten-free-on-the-weekends vegan Whole Foods emp/e to bring a suit claiming size discrimination?

January 26, 2010

First Person Plural

The text of the First Amendment states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Notably the First Amendment says nothing about restricting speech privileges to individuals.  Ours is a Constitution of negative rights, protecting retained rights, i.e., those that Americans did not trade for government protection.  Obvi then, as the Court just held in Citizens United, entities similarly retain the right to free speech, free from Congressional abridgment.

Citizens United addressed only corporations‘ rights to fund political speech absent government regulation.  Tomorrow the DC Court of Appeals will hear SpeechNow, an IJ case in which a group of individuals maintain a website with the sole purpose of tracking free speech-oriented candidates.

What makes SpeechNow interesting is that the website, SpeechNow.org, does not contribute money to any party or candidate.  There is no overt backing involved.  SpeechNow merely provides an element of transparency to an otherwise-muddled process: It permits voters who care primarily about speech to find those political bodies that promote speech.

Ironic then that the FEC remains determined to tamp even discussion about discussion of free speech.  From IJ’s press release:

IJ Senior Attorney Bert Gall said, “The FEC argues that the more effective speech is, the more it can be regulated.  Under that reasoning, the only people who would be allowed to speak about candidates are those who have no hope of influencing anyone else.  But as Chief Justice Roberts said in his concurring opinion in Citizens United, ‘The First Amendment protects more than the individual on a soapbox and the lonely pamphleteer.’”

By requiring any communicating group to speak through formal Political Action Committee status, the FEC ensures that “free speech is reduced to a whimper”:

Institute for Justice Staff Attorney Robert Frommer said, “Political Action Committees must fill out dozens of forms, keep track of every single penny that they receive or spend, and are subject to the constant threat of audits, fines, and even potential jail time.  These complex and confusing regulations make speaking out an insider’s game, available only those who can afford to hire lawyers and accountants.  In America, the only thing you should need to speak out is an opinion.”

There are a few arguments why corporate bodies deserve more “individual” status than other groups of people.  But the First Amendment does not merely restrict Congress’s ability to regulate speech; it further protects the right to free association.

What’s the point of association without communication?  By restricting speech merely on the basis of association (rather than coming from a single individual), the FEC neuters that “free assembly” clause critical to the very first of our Bill of Rights.

Perhaps more importantly, the premise behind free speech — and, by extension, free association — comes from James Madison’s Factions argument in Federalist 10.  Association produces factions.  Any group — including the varied interests even for a single individual’s divided mind — results in fractitioned urges.

A government dealing with popular factions has a choice.  Says Madison:

By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.

There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.

There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

In adopting the Constitution our founding fathers opted to celebrate factions.  The framers decided to permit factions to promote their varied viewpoints, trusting the marketplace of ideas to separate wheat from chaff.

This has resulted in some results Madisonian conservatives deplore, like a lobbying chokehold that results in such atrocities as a corn subsidy.  But free speech serves as a constitutional minimum.  The structure of our government requires free association to remain hand-in-hand with free speech.