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Post 0

Thursday, November 2, 2006 - 4:47amSanction this postReply
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My cousin owns a tree farm in the Raleigh, North Carolina area.  He has many Mexicans who work for him.  As the law requires, he obtains copies of the various documents the Immigration and Naturalization Service (INS) demands and files them.

Recently, a Web site has begun to attack his business by claiming that he deliberately hires illegal Mexicans to work for him.  He does not, and the attacks have evidently not hurt his business, but they have taken a psychological toll on him from what my brother tells me.

I personally do not buy into the "mental distress" arguments in lawsuits as I see no objective basis for assessing monetary damages within them.  However, I can understand why he might file suit just to control any long range damage the Web site might produce.  Whether the benefits of such a suit outweigh the costs in time and money remains another matter.  So far, he has basically just ignored the attacks as far as I know.


Post 1

Thursday, November 2, 2006 - 9:17amSanction this postReply
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This argument assumes that you own your reputation. If so, then you own other people's opinion of you, in which case, they have no right to change it without your agreement. Suppose people think you're a good writer, and you write something that I don't like or approve of. If you own your reputation, then I have no right to criticize you, because my criticism could cause others to change their minds, in which case, I'd be "stealing" your reputation. So, if there's a good argument against libel, it can't be based on the idea that your reputation is your property. It has to be justified on some other grounds.

To be sure, deliberately spreading false rumors about someone is immoral. The only question is, should it be illegal, and if so why? I don't think Peter Schwartz has presented a good argument for the latter -- for the idea that libel, like fraud, is a form of force -- which doesn't mean that I wouldn't welcome such an argument.

- Bill
(Edited by William Dwyer
on 11/02, 9:20am)


Post 2

Thursday, November 2, 2006 - 2:22pmSanction this postReply
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Luke:

I'm not a lawyer but from what I understand for something to be libel or slander it has to be a falsehood, and second some kind of economic damage or potential damage needs to be proven. Your brother could find a lawyer to make a good enough case potential harm could come to his business in the future and that the accusations are baseless and false. Did your brother have any drop in business? Has he received any threats? Or threats to his business?


Post 3

Thursday, November 2, 2006 - 3:35pmSanction this postReply
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Luke:

Workers at your brother's North Carolina tree farm didn't happen to be the subject of this February 06 article from Reason? The article describes the life of migrants working on a Christmas tree farm in NC. (http://www.reason.com/news/show/36222.html)

Tyson

(Edited by Tyson Russell
on 11/02, 3:36pm)


Post 4

Thursday, November 2, 2006 - 9:31pmSanction this postReply
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Bill,

My understanding is that traditionally, one's reputation was seen as one's most precious property. I don't see it as a matter of controlling people's opinions, but of preventing others from lying about you to get third parties to form false opinions. I believe that the concepts of libel and slander are not only valid, but that they should be much more rigorously enforced. (As a side thought, this might take a lot of the B.S. of political campaigns.)

The problem is that in order to enforce these precepts one has to have a much better intellectual culture than we have today. Few juries, let alone judges or even legislators would know how to make and enforce or apply such laws as would be appropriate. This would seem like an "it's earlier than you think" type issue. But I do see this as a fruitful topic for discussion. I have been incensed by the trailers I have seen for "The Queen" (Mirren as QE2). I wonder if there are any Brits here who could comment?

Ted Keer, 03 November 2006, NYC

Thanks for the correction Hong. "Elizabeth" with Blanchett was a visual treat.


(Edited by Ted Keer
on 11/03, 4:03pm)

(Edited by Ted Keer
on 11/03, 4:27pm)


Post 5

Friday, November 3, 2006 - 7:38amSanction this postReply
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The new Helen Mirren movie is called "The Queen".

Post 6

Friday, November 3, 2006 - 8:40amSanction this postReply
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Clarification from Post 0: My cousin owns the tree farm and my brother shared the story with me as he has a closer relationship with this cousin than I do.

No, the Reason article discusses someone else, but the problem remains the same.  Evidently "illegal immigrant" has the modern distaste that the "n" word had a generation ago in that state.


Post 7

Friday, November 3, 2006 - 10:20amSanction this postReply
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I'm not an anarcho-capitalist but I agree with Rothbard here. Your reputation is strictly someone else's opinion of you and you have no rights here at all. To borrow a
well known Brandenism why would anyone other than
a social metaphysician be concerned or obsessed about
what other people think. This is one area where your free market of ideas should prevail. As Justice Hugo Black
said, No law should mean NO law as regards the First
Amendment.
Illegal immigration is wholly another issue and the idea
that people who oppose it are racist is vicious nonsense.
The Nation magazine tried this tack and the latest issue
shows 99% of their correspondents opposed to it.
Illegal immigrants lower wages massively, they have no
right to come here and should be sent back. Period.
That's why we have LEGAL immigration and those
quotas have been very generous since 1965.
Blacks oppose this as much as whites.
Libel and slander laws as often as not protect the guilty
as witnessed that farcical Ariel Sharon suit against Time
twenty three years ago and in any case should be repealed. That a Randroid like Peter Schwartz favors them is no surprise.


Post 8

Saturday, November 4, 2006 - 8:45amSanction this postReply
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It's a tribute to my self-discipline and organization that I managed to post this bizarre ARI quote a mere eight months after the fact. But perhaps it was worth the wait. I was definitely surprized by most of the RoRing comments. 

Possibly this issue is more complicated than I think, but I consider Schwartz's analysis of the two phenomena to be a species of pure nonsense. I don't at all recall Rand saying anything like this, and as low an opinion as I might have of the religioso ARIans, I hope none of them agree with him. As far as I can understand it, all varieties of defamation, slander, character assassination, etc. -- no matter how false and evil, and no matter how maliciously intended by whatever nadir of lowlife -- constitute FREE SPEECH.  

Just as people have an unlimited right to their thoughts, so people have an unlimited right to their words. Only deeds are legally "actionable." Only deeds can ever constitute a crime. Schwartz's understanding of what is a word, and what is a deed seems  poor indeed. Still...

This ARIan conference -- to my knowledge, and correct me if I'm wrong here -- seems to have been a first. These inbred folks finally decided to interact with the public(!) and their intellectual peers(!). I think this novelty may have thrown Schwartz off his game, and made him utter the inanity above. He was no longer inside the cultist womb! 

On the panel discussion section, I also enjoyed seeing Islamic expert Andrew Bostom dress down Schwartz sharply. He made some typical vacuous ARI claim about the Islamic "golden age" in Spain in the late Abbasid period (maybe 1000-1258 AD). Bostom quickly rebuked him (my hero!) and in a stunningly non-cultist fashion. In a tone and manner no ARI "student of Objectivism" would ever employ, Bostom  pointed out that this time and place constituted a monstous theocracy and was something like a hell on earth. All Schwartz could do afterwards was look down, mutter sheepishly, and lie that his differences with Bostom were "very small."  

Because this normal(!) type intellectual conference seems to have been the first time insular ARI came in out of the cold, and there were some consequent rough edges, this may also explain why no audio or video copy of the event seems to be posted or available for purchase.  


Post 9

Saturday, November 4, 2006 - 9:13amSanction this postReply
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Andre wrote:

As far as I can understand it, all varieties of defamation, slander, character assassination, etc. -- no matter how false and evil, and no matter how maliciously intended by whatever nadir of lowlife -- constitute FREE SPEECH.  

Just as people have an unlimited right to their thoughts, so people have an unlimited right to their words. Only deeds are legally "actionable."


I need clarification about your position.  Words alone may indeed constitute free speech, but there comes a point at which the words either become or indicate impending deeds.  Credible threats of murder and assault come to mind.

We had this discussion some time ago regarding the radio disk jockey who made threats on the air against the child of his competitor.  I contended that they lacked credibility and thus constituted free speech while others thought they carried more weight and warranted prosecution.  I assume you do not consider credible threats of physical harm to another as free speech, Andre.

This brings me to the thornier issue of fraud.  If I deliberately spread lies about a competitor with the interest of hurting his business, and he can show that my lies brought harm to his livelihood, I can see a valid basis for a lawsuit to recover damages.  Whether the law ought to impose criminal penalties like fines or jail time remains dubious.  But I see no room in a free society for the legal sanction of objectively damaging fraud.

So please enlighten me on your position, Andre.


Post 10

Sunday, November 5, 2006 - 3:58pmSanction this postReply
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Jack wrote,
Illegal immigration is wholly another issue and the idea that people who oppose it are racist is vicious nonsense. The Nation magazine tried this tack and the latest issue shows 99% of their correspondents opposed to it.
To be sure, not everyone who opposes illegal immigration does so for xenophobic reasons, but I do think there is an element of that in at least some people's opposition to it. If the illegal immigrants were Caucasians from Europe, there would still be a degree of opposition, but I'll bet it wouldn't be nearly as strong or as strident as it is against brown-skinned Mexicans. Of course, to label any opposition to illegal immigrants as unjustified because racist is a blatant ad hominem.
Illegal immigrants lower wages massively, they have no right to come here and should be sent back. Period.
They lower nominal wages, Jack, but not real wages. Using graphical analysis with supply and demand curves for labor, one can show that since the market wage equals the productivity of the last worker hired, immigrants increase national income by more that it costs to employ them. The increase in national income or in surplus value accruing to the sellers of labor from immigration can be determined by calculating the area of a triangle (1/2 × the base × the height) with the base equal to the increase in employment and the height equal to the drop in the nominal wage rate from the influx of foreign workers. Thus, the formula for the increase in national income (or "immigration surplus") accruing to native-born Americans from immigration is as follows:

Immigration Surplus = 1/2 × (% change in employment) × (% change in native wage rate).

It turns out that while immigrants increase labor supply in the U.S. by about 10 percent, the drop in the native wage rate from immigration is 3%. So, immigration increases the real income of native-born Americans by 0.15%. Viz., 0.5 × 0.1 × 0.03 = 0.0015

And since the fraction of national income accruing to workers is about 70%, immigration increases labor's share of national income by a little over 0.1%. Viz.: 0.0015 × 0.7 = 0.00105

[George Borjas, Labor Economics (2nd Ed., pp. 326-327)]

If you're uncomfortable with statistics, recognize that there is no fundamental difference between foreign competition and domestic competition. One could just as well have restrictions on the influx of workers from lower-wage states like Mississippi into higher-wage states like California. It's easy to see where that could lead -- to federal restrictions on where one could move and work, not unlike those that existed in the Soviet Union. Both kinds of competition -- foreign and domestic -- lower prices and raise real wages. If one is going to dispute this conclusion, then the logical alternative is to oppose all competition, solely on the grounds that the losers are temporarily worse off, which of course they are. But what would happen if we eliminated competition entirely? The result would be an economy that would quickly deteriorate into grinding poverty. Either you are for competition, despite its temporary dislocations, or you are against it. There is no third alternative.

- Bill

(Edited by William Dwyer
on 11/05, 5:38pm)

(Edited by William Dwyer
on 11/05, 5:44pm)


Post 11

Sunday, November 5, 2006 - 5:02pmSanction this postReply
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Andre,

Your post claiming: "As far as I can understand it, all varieties of defamation, slander, character assassination, etc. -- no matter how false and evil, and no matter how maliciously intended by whatever nadir of lowlife -- constitute FREE SPEECH," is exactly what I'd expect from a junkie who sodomizes elementary school children and eats feces. But I guess for a man with a half-inch penis, that's what one should have expected...

Ted Keer

(eh hem)

(Edited by Ted Keer
on 11/05, 5:10pm)


Post 12

Monday, November 6, 2006 - 5:17amSanction this postReply
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Ted, I had to read Post 11 a few times before I finally understood what you meant to convey.  However, just because the government has no role in penalizing that particular post does not mean that the rest of us cannot denounce it as immoral.  Since I know you did not mean it as slander but only as hyperbole to make a point, I will refrain from such denunciation.

I still contend that if Andre could show actual damages done with such a post, he could legitimately sue you for them.


Post 13

Tuesday, November 7, 2006 - 1:59amSanction this postReply
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Matters of law and economics are ever so dismal. So I won't argue my point here at length, but just assert it. There is no "right" to lie, except in self defense. This does not mean that all lies need be criminalized. But the entire idea that government regulation would be unnecessary because bad businesses would be put out of commission by word of mouth belies the idea that reputation is dispensable. It's one or the other. I also believe that the paparazzi should be liable to criminal charges for photographing celebrities going about private matters, and should be liable to triple damages for any profits gained thereby. For example, when Princess Diana was holding a news conference or attending an award ceremony, she would have been fair game, given that she herself would have been seeking the publicity. But when just walking down the street, committing no crime and seeking no attention, her image would be her own property. To say that such an image would not be property is belied by the very fact that the paparazzi could sell it. What can be sold is property ipso facto. There would be exceptions allowing one to publish and sell photographs in which a person's presence was incidental, such as a crowd standing around a burning building. Criminal and inherently public acts and so on would be able to be published. There would be technical matters to work out. But I don't see how minarchist capitalism would work without some sort of libel laws. And if images can be sold, they are property.

Ted Keer, 07 November, 2006, NYC

(Edited by Ted Keer
on 11/07, 2:10am)


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Post 14

Tuesday, November 7, 2006 - 4:10pmSanction this postReply
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In Post 10, I commented on the following statement by Jack Lord (evidently the late Jack Lord, since I understand that he has left the forum):
Illegal immigrants lower wages massively, they have no right to come here and should be sent back. Period.
and argued against it on the grounds that while illegal immigrants lower nominal wages, they do not lower real wages, but raise them to a small degree.

Unfortunately, I overlooked his claim that they lower (nominal) wages "massively," which is also not true.

Let's say that the going wage for unskilled American workers is $7.00 an hour. For purposes of illustration, assume that this is the market-clearing wage, not one that is set by a minimum-wage law. Assume further that illegal immigrants are willing to work for $4.00 an hour, so that there is a fairly large $3.00 disparity between the wages of the American workers and those of immigrant workers. Finally, assume that illegal immigrants increase the supply of unskilled labor by 10%.

In a free labor market, employers who were paying American workers $7.00 an hour would then have an incentive to replace them with immigrant workers who were willing to work for $4.00 an hour. In order to attract the lower paid workers, employers would make them an offer of somewhat more than $4.00 an hour, say $4.50. Other employers seeing the savings in cost would, in turn, offer these workers wages that were even higher than $4.50 but still below the $7.00 that they were currently paying their American workers. Simultaneously, of course, the American workers would have to be willing to work for lower wages in order to keep their jobs. The result of this process of competition for the cheaper immigrant labor would be to raise its wages and to lower the wages of American workers until the two groups leveled out at equality.

Assuming that illegal immigrants increased the supply of unskilled workers by 10%, there would be 10 American workers for every illegal immigrant. Since, at the start of this process, 10 American workers would be making $7.00 an hour for every illegal immigrant making $4.00 an hour, the average wage would be $6.73 an hour [(10 × $7) + (1 × $4) = $74 ÷ 11 = $6.73], which is what it would be for either American or immigrant workers, once this process of competition had brought about an equality of income.

Observe that the unskilled American workers, being a much larger percentage of the workforce, would lose far less from this process of competition than the illegal immigrants would gain from it. The American worker's wage would fall by only $0.27 an hour (from $7.00 to $6.73), whereas the illegal immigrant's wage would rise by $2.73 an hour (from $4.00 to $6.73).

It may be objected that the illegal immigrants would be willing to work for far less than $4.00 an hour and that they might even be willing to settle for $1.00 an hour. So, let's substitute $1.00 an hour into our equation for $4.00 an hour, and see what difference it makes: [(10 × $7) + (1 × $1) = $71 ÷ 11 = $6.45]. As one can see, there is not much of a difference, because the number of illegal immigrants is such a small proportion of the total number of unskilled workers. So, even if we assume that the immigrant workers at the start of this process were making only $1.00 an hour, the wages of the average unskilled American worker would fall by only $0.55 an hour while the wages of the average illegal immigrant would rise by $5.45 an hour.

Therefore, to say as Jack Lord does that "Illegal immigrants lower [nominal] wages massively," is a proposterous exaggeration. Besides, what is important is not nominal wages, but real wages, and immigrant labor actually raises real wages for Americans by lowering prices more than it lowers nominal wages.

- Bill

Post 15

Tuesday, November 7, 2006 - 8:55pmSanction this postReply
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Ted is really putting me to the test in Post #11! But the obvious point is that altho' libel can be hideously immoral, it can never be illegal.

As for Luke's disc jockey, the context is all-important. Many threats from competitive "shock jocks" should be discounted, altho' death threats as cited above maybe not. I tend to think that guy above should be hated and fired, with few advertisers willing to sponsor his show in the immediate future. But it is possible that a few years in jail might be just, depending on how serious and threatening he actually sounded with his extreme taunting.

At times the words vs. deeds distinction involves a bit of subtlety. If someone asks for money while pointing a gun, this is not speech but an act. If someone silently burns the flag, this is not behavior but speech.

Luke raises the pretty good point that: "If I deliberately spread lies about a competitor with the interest of hurting his business, and he can show that my lies brought harm to his livelihood, I can see a valid basis for a lawsuit to recover damages."

Possibly this is a difficult issue in the liberal universe. Hopefully, I'll write about it eventually in some article. I certainly think there's a serious lacuna in current Objectivist and libertarian thought on this issue.

But I don't see the above high immorality in business as a legal issue. It doesn't seem to constitute physical or financial fraud, even tho' it is fraudulent in many ways. And if libel censorship is legit, where and how would one ever draw the line? I don't think anyone has a right to sue based on the always-speculative, non-objective content of another person's mind or public opinion. In my view, the proper solution to this problem is what classical liberal thinker Albert J. Nock referred to as "social power" and not "political power." 

----------------

Ted plausibly writes: "There is no "right" to lie, except in self defense. This does not mean that all lies need be criminalized. But the entire idea that government regulation would be unnecessary because bad businesses would be put out of commission by word of mouth belies the idea that reputation is dispensable. It's one or the other."   

To begin with, all socio-economic regulation whatsoever is morally wrong and practicably unworkable. Moreover, in my view, people have an unlimited right to lie, no matter what. This can be very evil, but never criminal under Natural Law -- which is the law which rules everyone everywhere always. Reputation and public good opinion can well enough be protected otherwise, and are less mutable and vulnerable than many speculate. Ultimately, I think the tentative pro-libel anti-free-speech folks fail to give the general public enough credit. They also significantly overestimate the power of lies and evil to win. They also may not know the proper and best way to counter them. Speech regulation is censorship and thus not the answer. Let society and the market sit in judgement -- not the state. 

But again, perhaps I need to present my full theory on this in a regular article. There are many related issues. In general, I think the right to free expression extends much further that the current Objectivist/libertarian community supposes. Free speech, in my view, labors under no proper government limitations whatsoever, just like thought.              


Post 16

Tuesday, November 7, 2006 - 9:40pmSanction this postReply
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They Also Say That Bumble Bees Can't Fly

I am glad you took that with good humor, Andre, the effect would have been ruined had I included more of a caveat than the "eh hem" at the end.

If one has an unlimited legal right to lie, then fraud also becomes fair game. "Oh, I'm sorry, that wasn't really my credit card number, I was just lying..."

Minarchism demands some standards of verifiable identity and a means of defending the value of that identity from others who would debase its value. The entire credit rating system, and all electronic commerce (the economic benefit of which has been evident in the market based economic explosion of the last decades) depends upon the legal enforceability of certain kinds of declarations.

I have long been aware of the need for an explanation of these matters. I also assume, given the number of people actually interested in law and economics, that an acceptable explication of these matters does exist. I approach the matter in the same way I do jet aircraft. I don't know how they work, but I trust them to function within the proper parameters, and I don't rave against the laws of physics and the specifics of aerodynamics. Because the planes fly, I know the engineers are doing something right.

Ted Keer, 08 November, 2006


Post 17

Wednesday, November 8, 2006 - 10:08pmSanction this postReply
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Just in case it isn't already clear: personal lying isn't the same thing as financial defrauding. In a free society you can lie, smear, insult, condemn, libel, etc. to infinity, but you can't steal even once.

Post 18

Wednesday, November 8, 2006 - 11:25pmSanction this postReply
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Andre,

I don't think that position is coherent. But even if you say that you can lie, but can't steal by lying, then I would still define libel as theft. Can you give some examples of different cases where one is lying but not stealing, & so on? And from what does the right to lie derive? Lying is not necessary for life, except in self defense. Oh, and can one lie in court?

Ted

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