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Tag: Ask Dr. Mary Ruwart

Should slander be protected as free speech?

Should slander be protected as free speech?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. QUESTION: I have questions about a past column of yours on the topic of blackmail. You wrote: “Manyslander libertarians consider slander of a person’s reputation to be a violation of the non-aggression principle; others don’t.” I’m confused. It seems to me that slander should be protected as free speech in a libertarian society. There’s no aggression involved. So what’s the problem? MY SHORT ANSWER: Not all libertarians agree on whether or not a lie constitutes aggression. A lie does not necessarily affect only one’s reputation. For example, a service provider could be put out of business by a well-publicized lie and lose all their assets before they were able to set the record straight. I have actually seen this happen to a publicly-traded company, where stockholders lost their investments and the employees lost their jobs. Does a person have the right to free speech? Of course! Must they take responsibility for the consequences of their speech? That is the real question. For example, if a person purposely yells “Fire!” in a crowded theatre, and people are killed in the stampede, is he or she guilty of manslaughter if there was no fire? The person yelling “Fire!” has the right to free speech, certainly. Must that person pay restitution to those who are injured or the survivors of those killed? What if the person thought they smelled smoke and truly believed that there was a fire? They were trying to help people and didn’t lie, but the result was the same. Are they responsible for the dead and injured? This is where libertarians disagree over this issue. Some libertarians would agree with you that the only consequences that a liar should have to face is damage to his or her reputation, regardless of the consequences of that lie. Others believe that a liar is responsible for the resulting damage.  
Taxes

How will ending the income tax help the poor?

How will ending the income tax help the poor?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. Question: I was unable to persuade a liberal friend that the income tax is evil because it is essentially forced labor through coercion, or that we could largely pay for the elimination of the income tax simply by halting our overseas empire (it seemed best to use a liberal priority in this instance). He maintained that eliminating the income tax would benefit only the wealthy. Could you help me show that eliminating the income tax is in everyone’s best interest? TaxesAnswer: Ultimately, the poor are hurt most by income taxes and government spending of any kind. When government spends, it must tax or run a deficit. Both harm the poor. Deficit spending results in inflation. People on a fixed income, low income, or no income at all are hurt most by inflation. The little money that they have buys even less than before. When government taxes middle or upper income individuals, money is diverted from consumer spending, spending which otherwise would create jobs that might lift some of the poor out of poverty. Instead, the tax dollars go to government spending, which delivers half the service at twice the price of the private sector. Gross domestic product (GDP), a measure of wealth creation, goes down as government spending goes up (for details, see Chapter 12 of my book, “Healing Our World,” available as a free download [1992 edition] at www.ruwart.com or [greatly expanded and footnoted 2003 edition] for purchase from The Advocates). Less wealth creation means that goods and services are more expensive than they otherwise would be. The poor are hurt the most when prices rise or do not fall as they otherwise would. Thus, when government spends, GDP falls and inflation grows, middle and high income individuals cut back on discretionary spending, like vacations; the poor, however, must cut back on necessities, such as food, safe housing, and preventative medicine. On the other hand, when government spending slows, inflation slows too and jobs increase. Some of the poor move into the workforce and become more affluent. Income taxes are bad for everyone, but the poor are hurt the most. The hidden negatives are often overlooked, and those who are trying to help the poor often hurt them out of ignorance.

Who Has the Right to Marry Whom?

Who Has the Right to Marry Whom?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. polygamyQuestion: Libertarians are quick to defend the rights of people of different races and/or religions to marry, and quick to defend the right of people of the same sex to do so. How do they feel about the right of people being married to more than one person? Short Answer: Marrying more than one person is fine as long as everyone in the marriage is aware of it and in agreement.  However, from what I can see of the case you’ve cited, the second “wife” was deceived into believing she was marrying a single man.  That’s fraudulent and actionable by most libertarians’ standards. Editor’s Note: Relationships that are polygamous in nature should include knowledge and consent of all involved. As Dr. Ruwart notes, anything else would be committing fraud with one or more parties, as the link in the original question alluded to. It should be noted that the Overton window with regard to the discussion of marriage may not be open enough to include polygamy yet. After all, a majority of Americans came to support same-sex marriage within the last decade. During the prolonged public debate regarding marriage equality, many who opposed same-sex unions argued about the “slippery slope” that such unions would lead to other legal forms of “marriage disaster.” In 2013, Slate published a very positive article in support for the legalization of polygamy. From that piece:
For decades, the prevailing logic has been that polygamy hurts women and children. That makes sense, since in contemporary American practice that is often the case. In many Fundamentalist Latter-day Saints  polygamous communities, for example,women and underage girls are forced into polygamous unions against their will. Some boys, who represent the surplus of males, are brutally thrown out of their homes and driven into homelessness and poverty at very young ages. All of these stories are tragic, and the criminals involved should be prosecuted to the fullest extent of the law. […] It’s also hard to argue with the constitutional freedom of religious expression that legalized polygamy would preserve. Most polygamous families are motivated by religious faith, such as fundamentalist Mormonism or Islam, and as long as all parties involved are adults, legally able to sign marriage contracts, there is no constitutional reason why they shouldn’t be able to express that faith in their marriages.

Is it Corporate Greed That Led to Turing Pharmaceuticals’ “Price Gouging” on Daraprim?

Is it Corporate Greed That Led to Turing Pharmaceuticals’ “Price Gouging” on Daraprim?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. Question: Is it corporate greed that led to Turing Pharmaceuticals’ “price gouging” on Daraprim? Turing PharmaceuticalsOver the last couple of days, the media has been aghast as Turing Pharmaceuticals CEO, Martin Shkreli announced his plan to increase the price of Daraprim from $13.50 to $750 a pill. Daraprim was patented in the 1950s, and is used for treating parasitic infections in fewer than 13,000 people a year in the U.S.  Turing bought exclusive rights to distribute the drug in the U.S. from Impax for $55 million; drug sales are less than $10 million/year.  Impax itself bought daraprim several years earlier. It upped the price from $1 to $13.50/pill, causing the number of prescriptions to drop about 30%. Shkreli’s assertion that the profits would be used to develop a better drug for treating toxoplasmosis was met with skepticism.  Shkreli is a former hedge fund manager, not a pharma veteran, and might not be aware that the new drug will have to be tested against daraprim itself. Testing against placebo would be unethical, given that daraprim is part of the treatment standard.  Showing superiority, in terms of effectiveness or side effects, is much more difficult against another drug than placebo. Indeed, given the small number of patients who need the drug, it might be impossible to show the “statistical significance” required by the FDA, since large numbers of patients can’t be tested. Why, you might ask, can Shkreli price his drug so high and not fear that a generic competitor will undercut him? After all, the daraprim no longer has patent protection. The answer: Turing Pharmaceuticals has a de facto monopoly, courtesy of the ever-increasing costs of gaining FDA approval, both for new drugs (over $1 billion and 11 years) and generics. Any generic company could make daraprim; its patent expired decades ago. However, the FDA would require that the company demonstrate that its pill released the drug into the blood stream at the same rate as the original daraprim.  Coupled with the cost of setting up FDA-approved manufacturing facilities for the new drug, a turn-around time of a couple years or so due to regulatory red-tape, and the expensive clinical trials, a generic company would need to commit to spending many millions, perhaps tens of millions, even with the special exemptions that the FDA gives drugs that have small or “orphan” patient populations.  After jumping through all of these costly hoops, the competitor might be unable to take a substantial part of the market from Turing should it choose to lower its prices for the sole reason of preventing the competitor from getting a foothold. The $750 pill might be considered an example of “corporate greed.”  However, Turing probably wouldn’t have even attempted such a price hike without high cost of FDA-mandated drug development, both new and generic, which virtually eliminated his competition.  
Ron Swanson

Do Libertarian Ideas Go Too Far?

Do Libertarian Ideas Go Too Far?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. Question: Ron SwansonI am coming around to libertarian ideas, but so many libertarian policies, while moving in the right direction, seem to go way too far. For instance, the idea of no taxation, only user fees, seems great. But it seems that some taxation would be necessary to pay government workers, maintain ambassadors and embassies to other nations, host state visits from other nations, and (a necessary evil) pay lawyers to defend the government against lawsuits, as well as a host of other little things that there couldn’t be a user fee for. Can zero taxation really stand up to reason? Answer: Yes! Government workers would be paid by those individuals or groups that made their employment necessary. Lawyers defending the government in lawsuits, for example, would be paid for by the guilty party. Since government officials would not enjoy sovereign immunity in a libertarian society, they could be liable for attorney fees and damages for any wrongdoing. In other answers posted on the Web site, I’ve detailed the mechanism by which restitution could be made. Since a libertarian government would not be restricting trade between nations, establishing embargoes, setting tariffs, handing out taxpayer guaranteed loans, etc., our top officials would not be wining and dining dignitaries from other countries as they do today. Naturally, heads of state from other countries could visit the U.S. at their own expense. Without the ability to pick the U.S. taxpayer’s pocket, however, few would bother. If embassies were maintained in foreign nations, they would be supported by fees from travelers or others who might utilize their services. Today, those who are too poor to travel pay taxes to support services for people who can afford to see the world. Taxes are one way in which government makes the poor poorer and the rich richer.
Editor’s Note: As former Advocates President Sharon Harris notes in this article from a past edition of the Liberator Online, making the case for ending the income tax is not a difficult task. One thing to consider when discussing libertarian ideas is the concept of the Overton window, which can be raised with a little help from this post from that same issue.  

When Should ID Be Required?

When Should ID Be Required?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here. QUESTION: What is your position on requiring ID to buy firearms? What about voting? MY SHORT ANSWER: IDMost libertarians don’t believe that ID should be required for purchase of firearms. Recording a person’s ID or making them register a handgun allows the government to easily confiscate weapons if it wants to disarm part of the population. Some libertarians believe that a background check, which would require ID, is a reasonable way to keep violent criminals from easy access to firearms. However, people who are willing to murder and assault others typically steal the guns used during a burglary or purchase them on the black market, so that the gun cannot be connected to them. Thus, laws that require those purchasing a gun to show an ID probably do not deter much gun-related crime. With regard to the second half of your question, there are some libertarians do not believe in the validity and structure of government as we have it today. Consequently, they believe that voting isn’t appropriate and may constitute force. For these libertarians, your question would likely be met with “Why does it matter?” However, as long as we have voting—and some libertarians believe that we always will—it would seem reasonable to make sure that only those “qualified” to do so are marking ballots. Showing ID helps, but it isn’t foolproof, as ID can be counterfeited.

What is the Libertarian Alternative to Zoning?

(From the Ask Dr. Ruwart section in Volume 20, No. 13 of the Liberator Online. Subscribe here!) libertarian alternative to zoningQUESTION: I am a homeowner in a low-income neighborhood. I work hard to keep my property up, and my yard is beautiful. I am enraged by people who leave tires and garbage cans in front of their houses, don’t cut the grass, and scatter their garbage all over the street. They do not have the right to denigrate my quality of life. How do I reconcile my libertarianism with the fact that I call the city on these offenders and advocate stricter laws regarding how one keeps the outside appearance of his property? MY SHORT ANSWER: In a libertarian society, when builders created a subdivision, they might choose to put deed restrictions on the homes. Prospective owners would need to accept these as a condition of purchase. Alternatively, property owners’ associations might be put in place with a starting set of restrictions, to be modified in time by the buyers into the subdivision. Such restrictions could include standards of upkeep. People who desired a well-kept neighborhood would likely buy in such communities. People who would rather not be restricted would buy in communities or other areas where such standards were minimal or non-existent. In this way, everyone’s preference would be honored. Everyone wins! Today, however, standards — even zoning — can fluctuate overnight with changes in city councils, zoning boards, or inspectors. Sometimes these standards are selectively enforced (e.g., a neighbor has to complain before action is taken). Buyers don’t always know what they are getting into and understandably become resentful when their neighbors use government to restrict them. Thus, unfortunately, today win-win solutions to these problems are rare.
Learn More: Liberator Online editor James W. Harris suggests the following articles for further reading on this topic:
  • How Zoning Rules Would Work in a Free Society” by Ben O’Neill, Mises Institute, June 17, 2009. This short article shows what’s wrong with zoning, and why market alternatives are better and fairer.  Excerpt: “Contrary to the alleged necessity of zoning laws, there is ample scope for non-coercive solutions to zoning issues in the context of a free society of private-property ownership and nonaggression. In particular, private ownership of property allows for restrictive covenants to be agreed between the property owner and another party so that the allowable uses of land are limited according to the wishes of the parties. It follows that property owners within a given neighborhood may contractually agree to impose restrictions on themselves with respect to the allowable developments on their land or the allowable uses of their property.”
  • Zoning Laws Destroy Communities” by Troy Camplin, Mises Institute, April 30, 2010. This short article discusses problems with zoning, including huge unintentional consequences that subvert zoning’s alleged goals of fostering and preserving communities.Excerpt: “Zoning laws are a violation of property rights. They destroy the sense of community in neighborhoods, increase crime, increase traffic congestion, contribute to urban and suburban air pollution, contribute to poverty, contribute to reliance on government — and, thus, reduce self-reliance — and contribute to the ruin of our schools. Most of our urban and suburban problems arose with zoning and other anti-property laws, to which welfare programs and public housing projects have contributed…”

What is the Difference Between Ayn Rand’s Objectivism and Libertarianism?

(From the Ask Dr. Ruwart section in Volume 20, No. 11 of the Liberator Online. Subscribe here!) QUESTION: What is the difference between Ayn Rand’s Objectivism and libertarianism?Ayn Rand's Objectivism MY SHORT ANSWER: In my opinion, the differences are more cultural than real, in political matters. Both Objectivism and libertarianism are based on the non-aggression principle of honoring our neighbors’ choice (not initiating physical force, fraud or theft) and making things right with our victims if we don’t. Objectivism is a comprehensive philosophy of life that includes not just political beliefs but strong and unified beliefs on virtually every aspect of human existence, including religion, art, romance, and so on. Libertarianism, in contrast, is a strictly political philosophy. Rand believed that government’s proper role was protection of rights and that government should have a monopoly on defensive force to fulfill this role. Many libertarians agree with her. Others believe that governments are a poor protector of rights and that competition in this realm is right and proper. * * * LEARN MORE: Suggestions by Liberator Online editor James W. Harris for  additional reading on this topic: Ironically, although Ayn Rand publicly disavowed libertarianism, she is unquestionably one of the most influential figures in the modern libertarian movement and is commonly identified today as a libertarian. And her political views are libertarian, by any common definition of the term. Here are two short pieces that explore this seeming contradiction. Please note, this is a subject about which many people disagree. * “What Is the Objectivist View of Libertarianism?” an essay by David Kelley and William R. Thomas. David Kelley is Founder and Executive Director of the Atlas Society, which promotes Objectivism. Excerpt: “If we exclude anarchism [that is, the kind of non-government libertarianism advocated by Murray N. Rothbard, David F. Friedman, and others, sometimes known as ‘anarcho-capitalism’ or ‘market anarchism’], we can say that libertarianism is the Objectivist position in politics. But Objectivism includes more than politics. It is a systematic philosophy that also includes a specific view of reality, human nature, and the nature of knowledge. It includes a specific code of morality based on the requirements of life in this world. The Objectivist commitment to individual rights and a ban on the initiation of force is grounded in its view of nature, knowledge, and values. Its political conclusions thus stand on a firm and quite specific foundation …Philosophically, some libertarians are Objectivists, or would at least agree with the core elements in the Objectivist case for liberty, such as the individual’s need to act by means of reason in pursuing his life and happiness as ultimate values.” * “Objectivism and Libertarianism” by Nathaniel Branden. In this very short 1999 article Branden, at one time one of Rand’s closest associates, tells how Rand considered, and rejected, the label libertarian — and what that word now means in today’s political world. Excerpt: “[T]oday libertarianism is part of our language and is commonly understood to mean the advocacy of minimal government. Ayn Rand is commonly referred to as ‘a libertarian philosopher.’ Folks, we are all libertarians now. Might as well get used to it.”

Shouldn’t We All Vaccinate So We Don’t Endanger Others?

(From the Ask Dr. Ruwart section in Volume 20, No. 9 of the Liberator Online. Subscribe here!) QUESTION: Shouldn’t we all vaccinate so we don’t endanger others?Vaccination MY SHORT ANSWER: My recent column “Should Vaccines Be Mandatory?” made a civil liberties argument for the right of people to make personal medical decisions like vaccination for themselves. Several readers expressed concern. They wondered whether people who didn’t vaccinate might endanger others with compromised immune systems who couldn’t vaccinate, such as the elderly or infants. People with poor immune function are more likely to be exposed to the flu and/or pneumonia than measles from an unvaccinated person. Many thousands of Americans get the flu annually, while less than 200 people each year develop measles. The flu can lead to pneumonia also, making these two infections the 9th highest cause of death in the U.S. The measures that compromised individuals take to protect themselves from these more common, deadly threats (e.g., avoiding crowds), would protect them from measles as well. These precautions are necessary, because the effectiveness of annual flu shots can be as low as 10%. Contrary to popular opinion, the measles vaccine doesn’t always work, either. One-half of Canadian cases of measles come from vaccinated individuals; in the U.S., about one-third of people in a measles outbreak have received one or two doses of the vaccine. Only about 25% of those vaccinated maintain measles immunity for 10 years or more; 75% of the vaccinated population loses their protection before that, although they often get a milder form of measles if infected. As one might expect, the immune system doesn’t respond as strongly to a vaccine as it does when it mounts a full scale response to an actual infection. Only people who have had measles as a child can expect a lifetime of protection. I had measles before we had the vaccine. Back then, some people purposefully exposed children to make sure they had immunity to measles, mumps, and occasionally other childhood diseases. Parents wanted to be sure that their girl children especially had immunity, as getting measles while pregnant could be detrimental to the unborn child. The good news is that many of our seniors probably still have immunity to childhood diseases, even if they haven’t been able to vaccinate. In conclusion, universal vaccination for measles is unlikely to significantly protect compromised individuals, not only because the vaccine has limitations, but because other infections (e.g., flu, pneumonia) are the real threat. If an immune-compromised individual alters their lifestyle to avoid those more common, deadly infections, they are likely to avoid the measles too. Inexpensive Vitamin A is currently being studied as a treatment and preventative for infections, including measles. If my immune system became compromised, Vitamin A supplementation is something I’d likely explore. * * * LEARN  MORE: Suggestions for additional reading, selected by Liberator Online editor James W. Harris: * “Vaccine Controversy Shows Why We Need Markets, Not Mandates” by Ron Paul, M.D., February 8, 2015. Excerpt: “If government can mandate that children receive vaccines, then why shouldn’t the government mandate that adults receive certain types of vaccines? And if it is the law that individuals must be vaccinated, then why shouldn’t police officers be empowered to physically force resisters to receive a vaccine? If the fear of infections from the unvaccinated justifies mandatory vaccine laws, then why shouldn’t police offices fine or arrest people who don’t wash their hands or cover their noses or mouths when they cough or sneeze in public? Why not force people to eat right and take vitamins in order to lower their risk of contracting an infectious disease? These proposals may seem outlandish, but they are no different in principle from the proposal that government force children to be vaccinated.”

Should Vaccines Be Mandatory?

(From the Ask Dr. Ruwart section in Volume 20, No. 7 of the Liberator Online. Subscribe here!) QUESTION: Should vaccines be mandatory?Should Vaccines Be Mandatory? MY SHORT ANSWER: With the new surge of measles cases, many people are calling for mandatory (forced) vaccination. At first glance, their arguments seem reasonable. Measles can kill and the vaccine is reportedly about 95% effective. Side effects are claimed to be minimal, although serious outcomes are reported on pp. 6-8 of the package insert that comes with the vaccine, including measles itself. Even if the vaccine had zero side effects and 100% effectiveness, forcing it upon children would start us down the slippery slope of allowing bureaucrats and politicians to decide what medications we MUST ingest or be injected with. Today’s pharmaceuticals have the power to alter our thinking, libido, and even our desire to live. Some schools already diagnose boisterous children, bored with the one-size-fits-all curriculum, as having some type of disorder, and demand that they be given medications that have serious side effects. Ultimately, each of us must weigh the risks and benefits of what we eat and how we medicate. Choose wisely, and good health to you and yours! LEARN MORE: Suggestions for additional reading, selected by Liberator Online editor James W. Harris: * “Vaccine Controversy Shows Why We Need Markets, Not Mandates” by Ron Paul, M.D., February 8, 2015. Excerpt: “If government can mandate that children receive vaccines, then why shouldn’t the government mandate that adults receive certain types of vaccines? And if it is the law that individuals must be vaccinated, then why shouldn’t police officers be empowered to physically force resisters to receive a vaccine? If the fear of infections from the unvaccinated justifies mandatory vaccine laws, then why shouldn’t police officers fine or arrest people who don’t wash their hands or cover their noses or mouths when they cough or sneeze in public? Why not force people to eat right and take vitamins in order to lower their risk of contracting an infectious disease? These proposals may seem outlandish, but they are no different in principle from the proposal that government force children to be vaccinated.” * * * Short Answers to the Tough QuestionsGot questions? Dr. Ruwart has answers! If you’d like answers to YOUR tough questions on libertarian issues, email Dr. Ruwart Due to volume, Dr. Ruwart can’t personally acknowledge all emails. But we’ll run the best questions and answers in upcoming issues. Dr. Ruwart’s previous Liberator Online answers are archived in searchable form.

Won’t Big Businesses Abuse Their Power in a Free Market?

(From the Ask Dr. Ruwart section in Volume 20, No. 5 of the Liberator Online. Subscribe here!) QUESTION: Won’t big businesses abuse their power in a free market? What if the only choices you have are bad businesses? For example, what if such companies grew so big that they could control the entire market? MY SHORT ANSWER: In today’s society, you could indeed have a sector where all businesses are “bad,” because government lets some companies have a monopoly (e.g., local utilities, AT&T before deregulation, etc.) or a cartel (e.g., banks). In a libertarian society, however, this would be much less likely. A sector with only “bad” businesses would soon be invaded by competitors who recognized that they could earn and retain customer loyalty (and profits) by being “good.” In today’s society, many businesses are bigger than they would be in a libertarian one, because the high cost of regulation drives small firms out of business. For some examples, check out the cases of the small businesses that the libertarian Institute for Justice has tried to protect from over-regulation. We are told, usually by government entities, that the free market creates monopolies, but actually it is the government that does so. For more on this subject, check out Chapter 7 in my book, Healing Our World (the 1992 edition is a free read on my website, www.ruwart.com). LEARN MORE: Suggestions for further reading on this topic from Liberator Online editor James W. Harris: * Antitrust: The Case for Repeal by Dominick Armentano. This outstanding 100-page book — available as a FREE ebook from the Mises Institute — shows that anti-trust and anti-monopoly regulation, far from serving and protecting the public, is merely a tool used by powerful businesses against their competitors. * “Federal Regulations Have Made You 75 Percent Poorer” by Ronald Bailey, Reason magazine. This short and very readable 2013 article summarizes research by economists John Dawson and John Seater. The two compared U.S. economic growth with the growth in federal regulation since 1949, and calculated that federal regulations cost the average American household more than a quarter-million dollars in lost income — annually.
Short Answers to Tough QuestionsGot questions?  Dr. Ruwart has answers! If you’d like answers to YOUR tough questions on libertarian issues, email Dr. Ruwart Due to volume, Dr. Ruwart can’t personally acknowledge all emails. But we’ll run the best questions and answers in upcoming issues. Dr. Ruwart’s previous Liberator Online answers are archived in searchable form. Dr. Ruwart’s latest book Short Answers to the Tough Questions, Expanded Edition is available from the Advocates, as is her acclaimed classic Healing Our World.

Two Questions on Blackmail

(From the Ask Dr. Ruwart section in Volume 20, No. 3 of the Liberator Online. Subscribe here!) BlackmailQUESTION: I am concerned about the problem of blackmail. Some libertarians, as you recently discussed, consider blackmail simply an economic interaction involving the exchange of information that, however distasteful, does not involve direct use of force against others, and therefore should be legal. However, I am hard pressed to think of any instance of blackmail where no one is being harmed. As libertarians shouldn’t we base our actions upon sober observation of what is actually happening in a given situation, not on some abstract concept of free speech? Please comment on these two examples: EXAMPLE ONE: A gay man lives in a conservative neighborhood, but loves his community. His friends would not understand his orientation. I find out, and offer to not tell anyone — for a fee. Is it just a business interaction that I hold the threat of ruining his life over his head to coerce him into giving to me what belongs to him, when he has harmed no one? MY SHORT ANSWER: I suspect that not all libertarians would have the same answer to this question. Here’s mine: If you simply told this man’s friends that he was gay, you would only be saying what is true. It would be his so-called friends who harm him by shying away from him because of that truth. This very scenario undoubtedly happens a lot. The only reason that you would share this information is to disrupt this man’s life by revealing something he has kept private. While that’s certainly unkind, it isn’t legally actionable. Sexual orientation is something that most of us would consider private, and not something that neighbors and friends should necessarily be privy to. But If the man wants to pay you not to reveal the truth to his friends, you aren’t coercing him. Of course, someone could make a living discovering things about people that they wouldn’t want broadcast and suggesting that they pay him not to tell unsavory truths. That could backfire if one of his “clients” decided to share just how this person made his money, leaving few people excited about interacting with him. EXAMPLE TWO: A young woman is assaulted and I know who did it. I offer to keep silent for a fee. Is it merely a business interaction if I allow a rapist to continue to prey on the community so I can get paid? MY SHORT ANSWER: No. In this case, you know the identity of an aggressor. In today’s society, and most likely in a libertarian one, you would be considered an accomplice if you let the aggressor pay you to keep silent. The principle here is not, in my opinion, free speech, but whether you are using first-strike force, fraud, or theft against your neighbor. In the case of accepting money from the rapist, you are colluding with an aggressor so that he can continue to perpetrate harm on others. That would make you, in most people’s eyes, an aggressor too. LEARN MORE: Suggestions by Liberator Online editor James W. Harris for further reading on this topic: * “Defending the Blackmailer” by Walter Block. Walter Block has been writing about libertarianism and blackmail for decades. His collected writings on this topic are in his 2013 book Legalize Blackmail. This provocative selection is a chapter from his classic 1976 book Defending the Undefendable, which you can download as a free ebook from the Mises Institute. Excerpt: “What exactly is blackmail? Blackmail is the offer of trade. It is the offer to trade something, usually silence, for some other good, usually money. If the offer of the trade is accepted, the blackmailer then maintains his silence and the blackmailed pays the agreed-upon price. “If the blackmail offer is rejected, the blackmailer may exercise his rights of free speech and publicize the secret. There is nothing amiss here. All that is happening is that an offer to maintain silence is being made. If the offer is rejected, the blackmailer does no more than exercise his right of free speech.” * Anarchy, State and Utopia by Robert Nozick. Nozick was a libertarian and one of the premiere philosophers of the twentieth century, and Anarchy, State and Utopia is widely regarded as one of the most important philosophical books of the century. Nozick briefly discusses blackmail and the case for prohibiting it near the end of chapter four, but unfortunately I cannot find an excerpt online. You can read a summary of Nozick’s argument in “Blackmail, Extortion and Free Speech: A Reply to Posner, Epstein, Nozick and Lindgren” by Walter Block and David Gordon, who disagree with it and offer opposing arguments.
Short Answers to the Tough QuestionsGot questions?  Dr. Ruwart has answers! If you’d like answers to YOUR tough questions on libertarian issues, email Dr. Ruwart Due to volume, Dr. Ruwart can’t personally acknowledge all emails. But we’ll run the best questions and answers in upcoming issues. Dr. Ruwart’s previous Liberator Online answers are archived in searchable form. Dr. Ruwart’s latest book Short Answers to the Tough Questions, Expanded Edition is available from the Advocates, as is her acclaimed classic Healing Our World.