Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission: Colorado must be neutral in application of civil rights laws

The U.S. Supreme Court told the state of Colorado that it must be neutral in its application of equal rights laws in an opinion released today by the high court.  In Masterpiece Cakeshop, Ltd., et al. v. Colorado Civil Rights Commission, at issue was whether the State’s requirement that the appellant create a cake for a same-sex wedding would violate the appellant’s right to free speech by compelling him to exercise his artistic talents to express a message with which he disagreed and would violate his right to the free exercise of religion? The Court answered in the affirmative, holding that Colorado did not apply its civil rights laws in a neutral manner.

In its analysis, the Court reiterated that religious and philosophical objections to gay marriage are protected views and, in some instances, protected forms of expression. Masterpiece Cakeshop’s claim that the State compelled him to use his artistic skill to make a statement endorsing a gay couple’s wedding had significant First Amendment implications regarding the sincere religious beliefs expressed by the appellant.  Statements made during the Colorado Civil Rights Commission’s hearing of the gay couple’s complaint against Masterpiece Cakeshop were, according to the Court, clearly hostile to the appellant. The Colorado Civil Rights Commission had a duty under the First Amendment to not base laws or regulations on hostility to a religion or religious viewpoint.

The individualist can’t help but be concerned about how the State apparatus, a civil rights agency, could be used to help extend one couple’s view of how the world should be over those who don’t agree with the view. Yes, as individualist we promote the individual’s choice to live their life as they see fit, according to their own personal rules. This includes exercising their personal sexual preference. So- called cultural conservatives are guilty of these attempts as well, most notably in the area of abortion where they show a heavy penchant for regulating a woman’s womb.

The Court made a call in the individualist favor although promoting individualism was the furthest thing from the Court’s mind. This holding is a reminder that sometimes the entire State apparatus has to call its own bluff when it comes to its claims that government is protector of liberty.

Collectivism dampens your ability to be a high-value individual

As a libation-centered population, members of the African Diaspora tend to call on memories of those who have passed on when assessing our reality. Lineage is important because it helps identify and locate family members that can contribute to the economic and financial needs of individuals or households under duress. Blacks, in my opinion, take the story of Jesus’ sermon on the mountain more seriously than other ethnic groups; probably too seriously. Collectivism is so incorporated into the DNA of blacks in America that blacks focus too much on what they can allegedly do as a group versus as individuals.

For the person with mouths to feed, can she say that enough economic and financial benefits have flowed through the black population to the extent that she can say that collective political and economic action has created wealth or opportunities to pursue wealth?

Collectivism is a political or economic theory advocating collective control especially over the means of production and distribution.  Emphasis is placed on the collective versus individual action or identity. In the black population, the framework for collectivism has been passed down by ancestors through a prism of historical pain and economic and political suffering. This view of the world lays at the base of black group reliance with the nuclear family at the core of this reliance.  It is a view that has sustained us but is it a view upon which blacks can thrive? Given the historical wealth position of the black population, the answer is no. We may have a people sharing collective pain and suffering but we are not a people optimizing a collected resource.

One solution may be for the individual to use lineage as a backbone or spine for a network where each individual along the spine is a plugged-in, high-value information node. Rather than sit at the family table drawing down limited resources by virtue of your last name, each family member is expected to learn a trade or skill, develop and plug into additional networks and labor markets, use income and information garnered to sustain herself, and share excess income and information with her lineage.

This may sound like collectivism, but the difference is the emphasis on each node being individualistic. Each node follows it own value system and manages its resources as it sees fit without interference from other family members. The goal should be to avoid being monolithic in thinking and approach to political, economic, and social events. By attaining true diversity in thought and action, each node along the lineage conduit helps bring true diversity to their populations.

As new information is brought into the population, and individuals increase their social, political, economic wealth, there is greater incentive to procure more knowledge and create resources around which a real community can be built.  As I shared in an earlier blog, blacks are part of a population, not a community. Blacks have no resource or substantive economic activity that they control that provides residuals off of which they can survive and thrive. To attain community status, more members of the population must engage in outside-the-box thinking and this involves encouraging more free thought which is better derived via more individuality.

Free thought and individuality creates the high-value information human nodes that the black population needs.

The individual should aim to make competition law inconsequential

This morning between games of racquetball, a conversation among the racquetball posse came up regarding parsing out trophies for non-winners. We expressed our concern that giving trophies to children that finish dead last may be creating a society of slackers; a community of individuals that see no rewards from winning.  In the 21st century, Millennials is the group that has been taking much heat for expressing a value of entitlement based on just showing up. “Your mommy got you to the soccer game. Yeah me!” “We’re giving you an award for good citizenship because you tell everyone good morning while your grades are shitty. Yeah, me!” “You got an award for fourth place because the other guys in your bracket forfeited. Yeah, me!” Where does this attitude come from and should Millennials take the brunt of the criticism?

To the latter part of the question, I would argue that Millennials should not bear any part of the criticism. They are only reacting to a world that older grumps created and playing by the rules the older generation promulgated for getting along in this society.  I see this as a world created by the State and those who control the majority of private capital.  The attitude of these monopolists is that there is only so much of the spoils to share and if society is to maintain any validity, then the masses must believe that their participation in traditions and institutions and compliance with the rules will result in some type of reward, even if that reward cannot be tied to winning the actual prize.

It goes back to the “Logan’s Run Paradox” where if you want to continue life past age 30, you have to grab the crystal ball before being disintegrated by multi-colored lasers. Your aspirations must be encouraged, delusions fed, and your eye distracted from the reality that there is, at least under this current paradigm, only so much spoils to share. For over a century now, America’s paradigm of competition has been built on this lie and it is increasingly reflected in our political economy.

Americans argue that a competitive market structure is good for the economy; good for growth in jobs; good for the spread of economic opportunity. The United States over the past 120 years has crafted a regulatory framework that favors multiple participants in an industry driven by the premise that multiple providers are good for consumer choice and where prices are regulated by the ability of multiple firms to participate, the better. Actions by firms designed to keep other firms out of a market, whether those actions involve predatory pricing, vertical or horizontal mergers, or agreements between firms i.e. collusion, are prohibited by anti-trust law.  American government tries to regulate and create competition but is government’s attempt organic or an ill-fated effort to replace real competition with an artificial construct? In other words, is the State simply trying to make all soccer moms and their kids happy?

What the State refers to as anti-trust law is simply trade regulation law; regulating otherwise voluntary agreements between individuals to combine as an association that extracts and organizes resources for the purpose and creating and distributing goods and services. The State exercises its monopoly over a jurisdiction by regulating trade thus hoping to ensure that currency flowing through its payment system and the activities that generate tax revenue are left unimpeded. “Protection of the consumer” is a narrative expressed to the masses in order to garner their support for legislation that is onerous to trade.

The individual doesn’t need these laws once he understands self-reliance. The individual producing their own electricity with today’s technology need not worry about a utility’s monopoly. She does need to worry about the State’s invalid argument for helping to maintain it.  The individual using 3-D printing- technology to design and create tools and clothing need not worry about price gouging unless a so- called consumer protection agency extends its jurisdiction by promulgating rules that prohibits said production. The individual that generates valuable information and data for sale and transmits the value of that data via her own cryptocurrency need not worry about fiat currency created and issued by a central bank, unless that central bank and her ally, the treasury, promulgate rules that challenges the issue of an individual’s currency.

The individual, recognizing how inorganic consumer law is, should pursue personal policy that makes that public policy inconsequential.

Capital, technology, social media, & fake connection

Capital uses technology to create a singularity in the individual. This process toward “self-actualization” is the wrong one because the journey to self has nothing to do with technology or capital.
 
The downside of using technology to create a singularity is that as part of validating its use, technology markets itself to the masses as a way of creating a collective consciousness, a fake singularity.
 
I call it fake because trying to create a oneness with multiple, diverse, un-self actualized minds is dangerous and only leads to narcissism on steroids. It is the mistake that liberals, for example, have been making for the last 130 years of political history in the United States. One need only look at social media and see the effects.
 
Meanwhile, the masses, believing they are creating some good through collective behavior are merely being used by the few that herd them up into single-minded, over-emotional mania.
 
Eventually this fake singularity collapses on itself with violent repercussions as all shifts in mass political behavior eventually does as this fake singularity is exposed for what it truly is; a distraction.
 
What are the masses being distracted from? The fact that progressives have learned how to hoard and leverage inside information, move to urban centers, monetize this inside information, and raise rents on the poor, forcing the poor to move to lower quality areas.
 
Meanwhile, rich, liberal urbanites become more “singular” meaning less diverse as they show their true value system, one that was never built on diversity, but where a diversity narrative was merely used as a Trojan Horse that allowed them to infiltrate minority communities and run out people that neither look, act, or think like them.
 
Atlanta, Manhattan, San Francisco. We see it, but cognitive dissonance allows us to ignore it. The fake singularity has no room for an organic collective.

When Bitcoin becomes a transmitter of valuable information

Bitcoin is not for speculation. Bitcoin is about the transmission and exchange of valuable information attached to a digital currency that measures the value of the information. The volatility we are seeing in the market for Bitcoin is based on the fear of missing out on a pop in value.

I think in the near future what will eventually drive the value of Bitcoin is the underlying value of the information that the individual sovereign either possesses or can produce. It is likely that person A holding Bitcoin may look at person B who allegedly has some information, x, and determine that the person B’s information or ability to generate useful information has no value. Think of someone in London approached by someone from Somalia who wishes to trade in Somalian currency. The Londoner wouldn’t touch it.

You may argue that scenario already occurs in the real world, that trader A is not required to transact with trader B. In a centralized world, trader B would bring a discrimination grievance against trader A for refusing to trade. In a decentralized, voluntaryist cyber world, no matter how much cryptocurrency you hold, the value of your true currency, the information that you possess or can produce, will determine your digital currency’s value.

As for the speculators, the error they make is using valuation methods created in a centralized, coercive political economy to assess the value of a currency designed for a decentralized cyber society. A speculators are enjoying the upside of Bitcoin’s market appreciation, but as the currency becomes more expensive and reaches its 21 million digital currency cap, will these speculators be able to purchase any more of the currency? Or, will they be able to ride out the inflationary characteristic the coin takes on should it become a matter of two few Bitcoin chasing too many goods? Will lower income individuals who may have made their first purchases with their credit cards be able to recover the dollar value of the coin in order to pay off increasing interest rates?

Not to mention the competing currencies that will eventually knock off Bitcoin from its perch. As technology improves such that “information rich” individuals create their own cryptocurrency, individual sovereignty will be complete. Just like western nations trade with each other based primarily on similar values and culture, the information rich will do the same. As the value of their currency increases so to will the demand from vendors who will likely prefer hold in reserve the currency of the information rich versus the “information poor.”

I believe that the information poor or “information losers” who were lucky to get a few pieces of a coin in the early days will not be able to participate on either side of a cyber trade in the future. Their focus should be on building their information gathering tools versus pursuing a quick fix, get rich path.

Cyber space will remain decentralized by the silos created by the information rich will prove daunting for the information poor.

A person living in the internet shouldn’t have to pay taxes

Nyota Uhura is on a quest to digitize herself. She creates digital product on her laptop, transmits her finished product to her clients via the internet, and gets paid primarily in cryptocurrency. Every now and then she accepts fiat currency issued by a nation-state in part because as a mini-sovereign she likes to have a reserve currency for emergency use or in case a hole-in-the-wall restaurant on a south Florida beach doesn’t accept BitCoin.

She probably spends too much time socializing in cyberspace. Facebook and Instagram keep her in touch with her brothers and sisters in Congo or her cousins in Brooklyn. As a busy creative she sends out for food via Uber Eats and uses Uber or Lyft to get around.

She is not naive about the public safety protection that Atlanta markets to its residents. She has a home security service that she communicates with via broadband. She uses her laptop as a surveillance camera courtesy of her broadband access provider. She keeps a shotgun and feels confident in her self-defense skills. If she were a pilot, she would avoid Atlanta’s biggest amenity, Hartsfield-Jackson International Airport and opt for the smaller Charlie Brown airfield.

Why then, she asks, should she even pay taxes?

Her friends rebuttal is that she should contribute to the public services that she uses to get around; that she should pay for use of the streets and use of the police protection. On a national level, she should support Medicare and the national defense, and social security because these programs help provide security for her future.

And she should be ashamed of herself for not showing the ultimate allegiance to her government by avoiding the use of America’s fiat currency. Her failure to use it, they argue, only negatively impacts the nation’s economy by devaluing the dollar through shrunken demand.

Nyota expected the canned rebuttal from her friends and family. She responds, however, with a rebuttal they are not prepared for, one based on value. Being coerced by a false sense of duty and obligation to pay for sub-par protection services makes no sense to her. She hasn’t bought in on the police’s public relations campaign that they are there to protect the public and would like her taxes reduced by whatever the city assesses as her contribution. She has no enemies in Russia, North Korea, Syria, Afghanistan, Iraq, or Iran other than the enemies created by U.S. policy. Since she didn’t create these enemies, she would also like her taxes reduced by the amount of her contribution to these services.

Nyota pays a sales tax when she eats a cheat meal at McDonald’s. She also contributes to the transportation tax when she pays her Uber driver for a lift to the grocery store. She literally works in another jurisdiction, cyberspace, and because of this, Nyota believes she should not have to pay a federal income tax, especially to a government that provides low value protection services.

A strong legal and political argument will have to be crafted and promoted to bring about these changes, but at least Nyota is thinking about exit.

Learning how to disconnect from the State’s political noise

It has been two months now since I got rid of cable. The noise out of Washington has gotten to be a bit much. Americans appear to be ever increasingly losing their minds over the man sitting in the Oval Office. In less than three years his critics in the electorate will have an opportunity to enter a ballot box near them and vote for someone else.

If engagement in the ballot box and with C-SPAN’s Washington Journal were so fruitful we would have less tension or at least fewer reports on Donald Trump. Social media would be quieter or at least focused on something hopefully less mind numbing (I know that’s a lot of hope.)

As the good people at Reason.com reported back in 2012, one’s vote, in the end doesn’t matter. Given that voting is about the most active political engagement most Americans will engage in, voting amounts to a colossal waste of time.  Citing work done by the National Bureau of Economic Research, of the one billion votes cast in 40,000 legislative elections between 1898 and 2001, only seven contests were decided by a single vote. There are higher payoffs from just about any other activity than voting.

And what does government provide that we feel so emotionally invested in calling each other names, not speaking to each other, or worse, unfriending people on Facebook? Not much for our tax dollar.

For example, do you like the state of your roads or other infrastructure? The American Society of Civil Engineers gave America’s roads, bridges, and ports a grade of “D+” in a 2017 survey. The score has stayed relatively the same for the last 20 years, and given Congress’ inability to fund budgets, especially the transportation portion, I believe that grade will be on the United States’ report card for awhile.

How about America’s education policies? Are policymakers effectively addressing how well the State educates kids? Well, no. Remember Common Core, the initiative detailing what children grades kindergarten through 12th grade should know at the end of each school year? While enthusiastically supported by a Republican and Democratic president, a report by the Brookings Institution in 2012 determined that the policy would have little to no impact on a student’s ability to learn.

The news isn’t so rosy on the collegiate level either. For all its equating of democracy to equality, Blacks and Latinos are equating democracy to a racial disparity in accessing college education. In a USA Today article citing statistics from the National Center for Education Statistics, it was reported that Blacks and Latinos, while enrolling in college on a relatively similar proportion as whites, were enrolling in for-profit schools and community colleges at a higher rate than whites. This is considered problematic, according to the article, because of complications surrounding financial aid.

These are just some examples of the State’s failure to deliver on the benefits that it promises to its “extended employees”, the constituents who vote for the politicians that promise the good schools, good roads, and bountiful opportunities. One would think that more Americans would disconnect from a government that hasn’t kept its word, but on the contrary, like the population who have endured abusive relationships, there is that small fraction of the population that somehow believe that abuse is love.

So how does one disconnect from the State’s political noise? First remember that you cannot avoid the State. The State influences you via its rules and statutes; its courts; the media; and the taxes it levies. You cannot violate its rules without bringing harm to yourself. Your actions should lead to maintenance and survivability of self and family; top optimize your sovereignty. Your goal is to minimize contact with the State and replace its “services” with services provided via voluntary, private arrangement.

A couple approaches that you may have already thought of. For example, avoid owning property. The State encourages its citizens to own property so that a nexus for taxation exists. Work hard to improve the value of your property and every year there is the State swooping in for its cut.

A mistake I made was having my son educated in State schools. If you can, educate your children at home. This way you can devote more time to inculcating life survival skills and critical thinking skills very early. Schools focus primarily on programming children for allegiance to the State’s values. An independent thinking, self-actualized child is one of the biggest threats to the State. Trust me. It’s not some teen-aged gang banger that the State is afraid of. The gang banger can be shot down and no one will raise a fuss.

Another approach, stop voting. Don’t feel bad about not going to the polls. First of all, you are not required to. As we discussed earlier, your vote doesn’t matter. More importantly, the tyranny of the masses that is democracy is fueled by the vote. Why further threaten your individual sovereignty by giving wanna be master any authority to write oppressive rules.

Finally, divorce yourself from government issued currency and form a trading community that uses a non-government issued currency, hopefully one backed by a natural resource. The Treasury issued, Federal Reserve Bank distributed currency is backed by  an economic infrastructure that may be working for some but not for the majority. The currency’s demand should be a reflection of the economy that lies behind it, one that is productive.