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Witness Protection Libertarians

in Communicating Liberty by Michael Cloud Comments are off

The Witness Protection Program.

Witness ProtectionYou’ve seen it featured in crime, courtroom, and police dramas on television.

A powerful and dangerous individual or group has gotten away with force and fraud for years. Finally, the police and prosecutors find a  witness whose testimony can put the thugs behind bars.

But the criminals will threaten or kill the witness or his family if he takes the stand.

The only way the authorities can get the witness to testify is to protect him and his family.

So the prosecutors and law enforcement offer secret relocation, new identities, and a new life to the person and his family — in exchange for his truthful testimony in court.

Witness Protection.

In our legal system, in certain cases, this makes sense.

But it makes no sense for libertarians to act as if they were in the political equivalent of this program.

Some libertarians blend in with mainstream or nonpolitical neighbors and coworkers.

They rarely join in on political or economic conversations at home or at work.  And, if they do, they keep their comments mild and bland.

If they get libertarian email newsletters or social media, they keep it to themselves

“Why stir up trouble?” they think. “Why start an argument?”

They don’t put libertarian campaign signs on their front lawns. They don’t put libertarian bumper stickers on their cars. And they keep their libertarian books and DVD’s in the private areas of their homes.

If they donate to libertarian campaigns or vote for libertarian candidates, they tell no one.

Secrecy. Silence. Invisibility.

Witness Protection Libertarians.

But this does NOT make them safer. It makes Big Government safer.

It delays the growth of the Libertarian movement. It hinders support for the cause of liberty.

It keeps your family, friends, neighbors and co-workers from having warm and thoughtful conversations about liberty with someone they know and like and trust: YOU!

Opt out of Witness Protection Libertarian policies.

Opt into persuasive libertarian communication with The Advocates for Self-Government.

Libertarianism and Forced Testimony in Courts

in Liberator Online Archives, Libertarian Answers on Issues by Mary Ruwart Comments are off

(From the Ask Dr. Ruwart section in Volume 19, No. 3 of the Liberator Online. Subscribe here!)

QUESTION: In a libertarian society, when marriage becomes a private institution, what will happen to the right of a person not to be forced to testify against their spouse in a court of law?

MY SHORT ANSWER: In a libertarian society, no peaceful person could be forced to do anything, including testify against another. Today’s government simply threatens people with prison and fines unless they give information, often at great cost to themselves (e.g., missing work).

Does this mean if you were charged with murder that the witness who could save you wouldn’t testify? Probably not. Witnesses could be reimbursed for lost work and other expenses for testifying, so their cost would be minimal. Withholding crucial information would likely be considered socially unacceptable. Few people would want to be embarrassed by a public announcement that they had done so — and caused an innocent person to suffer.

Even today, it’s almost impossible to force someone to testify truthfully. Witnesses lie to protect themselves and others, even under oath. That’s probably the real reason that spouses can’t be forced to testify today: they are the ones most likely to twist the truth for the benefit of their loved ones.

LEARN MORE: Suggestions for further reading on this topic from Liberator Online editor James W. Harris:

Free or Compulsory Speech“ by Murray N. Rothbard. The great libertarian thinker Murray Rothbard explores this issue with his characteristic vigor and consistency in this article, which first appeared in Libertarian Review in November 1978.

Excerpt: “The most flagrant example of continuing compulsory speech takes place in every courtroom in our land: the compulsory bearing of witness. Now surely each person is the absolute owner of his or her own body; as the owner of his own body, only the individual should decide on whether or not to speak in any given situation, and there should be no compulsion upon him to talk or not to talk. And yet in every court, witnesses are dragged in by force (the subpoena power) and compelled to bear witness for or against other people.”