Author: Erik Andresen
California Kicks the Corpse of Free Association in Airbnb Investigation
California has decided you must allow anyone into your home, at least if you rent it on a short term basis. Department of Fair Employment and Housing had filed a complaint against Airbnb over alleged incidents of hosts discriminating against users on the basis of race. Airbnb has agreed to let DFEH conduct “testing,” similar to testing applied to landlords.
The problem DFEH is looking to solve: it seems some Airbnb hosts reject users based on their race. It reminds me of dating site OKCupid’s “discovery” that race plays heavily into how users select prospective matches. That’s the trouble with freedom; sometimes people use it in ways we don’t like. Sometimes the results are unpleasant. But libertarianism isn’t about making perfect people. That’s what Progressivism wants to do: remake mankind. Libertarians see the world as it is, and we endeavor to act – messy as it can be – in harmony with human nature, not against it. Our goal is maximum happiness and prosperity for all but without the threat of force from the state. Many libertarians have hailed the disruption that the “sharing economy” has unleashed on tired and over-regulated business, from taxis to hotels. But we should not be surprised that those established industries and bureaucrats are fighting back however they can. And in this instance, they have found a chink in the armor; the sharing economy may not survive it. Airbnb and similar services are troubling for regulators and elected officials (beyond protecting established industries and maintaining tax revenue). Peer-to-peer dealings, especially those involving your car and your home, are prone to reveal individuals’ personal preferences. Then the mask slips – regulators like to regulate “business” – putting the boot to someone who wants to rent their spare room for extra cash looks too heavy-handed (and it is). A government official would never say that we must allow every stranger who knocks on our doors must be allowed in. But that is exactly what DFEH is saying the moment you and that stranger exchange cash. Libertarians favor free association and dissociation. Private deals between two individuals are no business of the state. But California doesn’t see it that way; bureaucrats want to decide for you who you may let into your home.“Hate Speech” Does Not Exist – Speech Is Either Free Or Censored
Former Vermont Governor and DNC Chairman Howard Dean recently surfaced with the following tweet: “Hate speech is not protected by the First Amendment.” The comment was aimed specifically at Ann Coulter, Firebrand of the Right. Coulter had agreed to give a talk at UC Berkeley on April 27, but the university administration recently canceled it.
Berkeley has seen street violence between “Antifa” (anti-fascist) groups and Trump supporters twice this year, and in February people attending a talk by Milo Yiannopoulos were attacked by protesters. According to the administration, Coulter’s safety could not be guaranteed. The administration has since offered to host her on May 2, but Coulter has already announced that she plans to show up anyway on April 27. I suspect many libertarians are not surprised to hear that some cowardly administrators can’t control the locals. Many universities have poor track records of handling speakers presenting minority views. But Dean should know better. If the First Amendment does not protect unpopular opinions, why even have it? And it feels different coming from a former governor. It is more than empty virtue-signaling coming from someone who has held elected office. And while we can commend Senators Elizabeth Warren and Bernie Sanders for their support of free speech, Howard Dean is not alone. His ideological contemporaries are quite open about working toward the restriction of speech on any topic they consider to be off-limits. There is a reason the term “hate speech” has worked its way into our vernacular, yet it does not exist as a legal concept in the United States (with the arguable exception of a number of United Nations resolutions). So far, the First Amendment has acted as a bulwark. But the term gains traction; we must resist it. Labeling something “hate speech” is more frequent than ever: applied to religious and cultural considerations, personal pronouns, bathrooms, and anything else loosely grouped under the umbrella of “social justice.” Nor is this limited to college campuses. In this new world, CEOs are fired for political donations (Brenden Eich, co-founder of Mozilla), mom and pop businesses are targeted for their religious beliefs, and controversial speakers are an excuse to smash private property and attack individuals. Even if we don’t like that world, that’s the world we live in. We libertarians would prefer to disengage from such conversations. We want to be above this sort of thing, and we want to live and let live. But to shy away on this front is to submit. Whether our personal values align more with conservatives or liberals, libertarians should loudly advocate for free speech, even on behalf of someone like Coulter. And we should never accept, on any pretense, legal restrictions on what may and may not be said in public.