Monday, December 30, 2013

The Danger of Incivility



By Ed Feulner
Monday, December 30, 2013

Think it’s too late for a Christmas gift idea? Not for the one I have in mind. It’s something you can give right now to anyone you like.

Something that’s sorely needed in policy circles and political debates: civility.

Alas, what we’re seeing in the marketplace of ideas today is a disturbing growth of incivility. This breakdown isn’t a failing of either the political left or right exclusively. It spreads from one end of the spectrum to the other.

This schoolyard mentality, and the name-calling that inevitably follows, are not the exclusive domain of those who attach intemperate comments to online articles. We hear it from highly educated people who write syndicated columns, publish books, and shout on radio and television talk shows.

Further down the food chain, lesser lights join in, poisoning the atmosphere still more. The Internet is a breeding ground for this type of behavior.

Someone will post a civil comment on some political topic. Almost immediately, someone else swings the verbal hammer of incivility, and from there the conversation degrades into a food fight, with invective and insult as the main course.

This breakdown is an echo of the famous “broken windows” theory of crime, popularized years ago by criminologists James Q. Wilson and George Kelling: When a broken window in a building is left un-repaired, the rest are soon broken by vandals.

That’s what we see online and on the airwaves. Once someone lowers the tone, others take it as an invitation to join in. Debates become shouting matches.

If you watch closely, you’ll see something else happening. The people who make civil comments basically shut down. A few join in the food fight. But most just disappear. They leave because the atmosphere has turned hostile to anything approaching an actual dialogue.

This is the real danger of incivility. Our free, self-governing society requires an open exchange of ideas. That can’t happen without a certain level of mutual respect for each other’s opinions and viewpoints.

What we see today is an accelerating competition between the left and the right to see which side can inflict the most damage. Increasingly, those who take part in public debates appear to be exchanging ideas when, in fact, they are trading insults: idiot, liar, moron, traitor.

The broken-windows theory shows us the dangers when it comes to both crime and debates. But there’s an important difference.

When behavioral norms break down in a community, police can restore order. But when civility breaks down in the marketplace of ideas, the law is powerless to set things right.

And properly so. Our right to speak freely is guaranteed by those five glorious words in the First Amendment: “Congress shall make no law ....” And yet, the need for civility has never been greater. Our nation is divided as never before between the left and the right. We are at loggerheads on profoundly important political and social questions. Civilization itself is under barbaric attack from without.

Sadly, too many us are not rising to these challenges as a democratic people. Rather than helping to reverse this decline, the rising chorus of incivility is driving out citizens of honest intent and encouraging those who trade in jeering and mockery.

If we are to prevail as a free, self-governing people, we must first govern our tongues and our pens. Restoring civility to public discourse is not an option. It is a necessity.

Who will begin the restoration of civility? It falls to all of us to help revive this important virtue.

There’s a world of difference between attacking a person’s argument and attacking a person’s character. We need to do more to respect that difference. To engage in rational debate and either hold our own or lose with grace.

We must defend our convictions with all the spirit we can. But we should do it with all the civility we can muster, no matter what our opponents do or say.

May that be our gift to one another, this year and every year.

Why Judge Was Incorrect in NSA Case



By Bruce Bialosky
Monday, December 30, 2013

A storm was created by a federal judge who ruled that the NSA is inappropriately collecting information on American citizens in violation of the fourth amendment. There has been immense reaction for and against his ruling. But no one seems to really point out the flaw in his ruling.

Federal Judge Richard Leon was appointed to his current position by George W. Bush. The person who presented the case to stop the NSA activity was Larry Klayman, who has been perceived as a right-of-center gadfly. But the people hailing the decision most were “civil liberties” groups on the left. And the visceral reaction from the right has been heavily against the ruling, led by editorial page of The Wall Street Journal.

The ruling in Klayman vs. Obama revolves around a Supreme Court ruling in Smith vs. Maryland (1979). Judge Leon called for the abandonment of the precedent set because of, in his words, the “almost Orwellian” technological developments.Leon recognizes the Supreme Court has accepted warrantless searches in certain cases where there are “special needs.” But he then states no court has recognized a “special need” “to justify continuous, daily searches of virtually every American without any particular suspicion.”

The ruling in Smith vs. Maryland established a new precedent contrary to prior cases like Katz vs. United States (1967) which established that wiretaps were improper without a warrant.In Smith, the Supreme Court ruled that a person had no reasonable expectation of privacy because “the petitioner voluntarily conveyed numerical information to the telephone company.” The people who say Judge Leon is wrong state that the ruling in Smith is precedent and that Leon will be overruled by either the Appeals Court or the Supreme Court or both.

Here is where Judge Leon’s ruling is wrong.He should have stated that the precedent was junk. Smith effectively states that if you contract with a private company to provide a product to you (in this case phone service), you have provided the government the right to have access to that information.You have given away your privacy rights. Huh? Where is the logic there?

I don’t want to totally insult the Justices who agreed with the decision or Justice Harry Blackmun who wrote it, but it seems that they either do not understand the essence of a contract between private parties or the Fourth Amendment. More specifically, where do they get off making such a ruling? This is a ruling that could only be made by people who believe that government has ever-expanding rights.

Based on this ruling, you really have no right to privacy in a transaction between you and any private company. Let’s say you have created an email account with Google or Yahoo, and you have freely transmitted your information through those companies to a friend.Under Smith you have expectations that your government can look at those emails. Or you make purchases with your Visa or MasterCard and the government can sweep up that information – you have no expectation of privacy. Do you have privacy rights between you and your hardware store if you go there and buy some nails and hammer? Where does it stop?

The fascinating thing here is that all these companies have been required by federal law to establish privacy rights criteria.They do that when you sign up with them and then they send you a notice of their privacy rules each year.The federal government now says that Microsoft or American Express cannot share your information with third parties without your permission, but we “the government” can get to it because some judges misread the Constitution in 1979. Shame on the Wall Street Journal for accepting this improper invasion of private contracts by an invasive federal government.If anyone should defend the rights of private contracts, it should be the WSJ. Shame on them for endorsing this expansion of the rights of the government over the people.

If anyone believes I am getting soft on terrorists, disabuse yourself of that thought.This issue is not about terrorism; it just happens to be centered on activity by an organization that tells us they are protecting us from terrorists. God bless you NSA; get them all and I hope you kill them. And by the way they don’t have any rights. They are not American citizens. And if someone gets killed hanging around with them so be it. That is the risk you assume hangin’ with madmen.

That has nothing to do with our government collecting your telephone calls and keeping that information in a sweep of data. Or your emails or your credit card charges or anything about your personal life. That is why our brilliant founders insisted on the Fourth Amendment and specific warrants.They knew that if you give the government a toe, they will take your foot and then your leg and then all of you.

As the New Year approaches you should thank Judge Richard Leon for putting a big stop sign in front of the federal government.Because of Judge Leon, some of your God-given rights have been restored and as 2014 begins you are a freer American. Now hopefully our current Supreme Court will throw out their predecessors’ severely misguided ruling in Smith vs. Maryland.

Sunday, December 29, 2013

'Duck Dynasty' and A Free Society



By Jonah Goldberg
Wednesday, December 25, 2013

Normally at this time of year, the culture-war fight is over a guy with a white beard. That's true again this year. What's different is that Phil Robertson has taken Santa's place, and instead of a war on Christmas, we have a war on "Duck Dynasty."

The patriarch of the popular A&E reality show said some crude things about homosexuals to GQ magazine. A&E was sufficiently offended that it suspended him from a show about his own family.

So far, the controversy understandably has been framed as a fight over free speech. My National Review colleague Mark Steyn writes: "Most Christian opponents of gay marriage oppose gay marriage; they don't oppose the right of gays to advocate it. Yet thug groups like GLAAD increasingly oppose the right of Christians even to argue their corner. It's quicker and more effective to silence them."

I think Steyn has the causation right. The free-speech issues are the inevitable consequence of a venerable argument about what a free society is.

Maybe I see it that way because I have Yuval Levin's wonderful book "The Great Debate: Edmund Burke, Thomas Paine and the Birth of Right and Left" fresh in my mind (Note: I review it for the January issue of Commentary and discuss it with Levin for an upcoming edition of "After Words" on C-SPAN). Levin chronicles the argument between the Irish-born British parliamentarian and the English-born American polemicist over the role of government and the merits of the French Revolution.

As Levin shows, Burke, the father of modern conservatism, and Paine, an early champion of progressivism, were liberals in the sense that both defended a free society. But their assumptions about human nature and society led them to very different places. In a sense, they were protagonists in the earliest rounds of a two-century-old culture war.

Paine saw the individual as the irreducible unit of society, and the state as the guarantor not just of liberty but of personal empowerment. He held that with the right application of scientific principles, an egalitarian utopia could be achieved. It would simply require tearing down the prejudices, customs and habits of the old order, just as the French revolutionaries were doing. Paine eventually saw few distinctions between legal and cultural impediments to liberty, which is why he came to denounce Christianity as "repugnant to reason."

For Burke, no man is an island. We are born into families and communities, and it is these and other institutions that give our lives meaning. Society is a complex and mysterious ecosystem, and no set of experts or "sophisters ... and calculators" can impose scientific perfection on it. Any attempt to do so would threaten to destroy all that makes life meaningful. A reformer and proponent of progress, Burke nonetheless believed that progress must be accomplished gradually, not in one fell swoop of a social engineer's pen.

Perhaps Levin's most telling insight is that all of Burke's metaphors about government are about space, while Paine's are about movement. The Burkean believes government is there to give all of the institutions of society room to thrive and discover what is good through trial and error. The Paineian sees progress as a society-wide movement, led by government, with no safe harbors from the Cause. This is why Paine was one of the earliest advocates of a welfare state -- funded by a massive inheritance tax -- that would intervene to empower every individual.

President Obama's second inaugural was a thoroughly Paineian document. In his telling, America is made up of individuals and a government with nary anything in between. And because "no single person" can do the things that need to be done, "we must do these things together, as one nation," leaving no room for the diverse institutions of civil society.

The debate over homosexuality and gay marriage is part of a much larger debate that includes everything from Obamacare -- particularly its hostility to religious exemptions -- to school vouchers, federalism and the "wars" on women, Christmas, trans fats and inequality.

The children of Burke form the philosophical core of what was called the "leave me alone coalition," a broad group of institutions and individuals who rightly, and occasionally wrongly, rejected a top-down effort to impose a one-size-fits-all vision of society. The children of Paine, empowered by their sense of cosmic justice, want all of society's oars to pull as one. And if you don't pull your oar to the beat of their drum, prepare for their wrath.

Encouraging Lessons from the "Duck Dynasty" Imbroglio

David Limbaugh
Tuesday, December 24, 2013

A&E's suspension of Phil Robertson for expressing his politically incorrect, Bible-based opinion on homosexual behavior has turned out to be a blessing in disguise and serves as an object lesson for Christian and other social conservatives, as well as other lovers of liberty.

The politically correct left has built a culture and network of intimidation against all who refuse to accept their views and especially those who are vocal in standing their ground.

Among the encouraging lessons from this brouhaha are that people are waking up to the tyranny of uncompromising leftist groups and realizing that they don't have to cower before them and cave to their bullying demands. We're seeing that courageous individuals, secure in their beliefs, can make a difference and by speaking out motivate like-minded people to stand up and fight back.

Conservatives are recognizing that they don't have to sit back and continue to be victims of the left's domestic economic sanctions, that sometimes it's necessary to fight fire with fire by reciprocating with economic sanctions or support of their own.

The Cracker Barrel restaurant chain learned this lesson the hard way. It announced it would stop selling certain "Duck Dynasty" merchandise because of Robertson's statements. The backlash from its customers via social media was immediate and so overwhelming that it issued an apology and reversed its decision, which teaches us another lesson. While the conventional wisdom is that the left owns social media, the reality is that people, including millions of conservatives and Christians, own social media and can use it to combat the left's tyranny and otherwise engage in the culture war.

A similar phenomenon occurred in reverse when customers of Chick-fil-A flocked to its restaurants throughout America to support the chain when CEO Dan Cathy came under attack for saying he supports traditional marriage. The mayors of Chicago and Boston lambasted the company, and D.C.'s mayor said it was peddling "hate chicken."

People who want to mind their own business are finally grasping that certain militant leftists, especially gay activists, won't let them. They don't want to live and let live; they don't just want equal rights and respect. They want to stamp out opposing viewpoints and suppress the liberties of those who disagree.

Robertson and Cathy are not the first to be demonized. Some who worked on the Prop 8 ballot initiative in California were told they would be vilified as anti-gay and would never work again. That's right: If you express your support for traditional marriage, the militant gay movement slanders you as "anti-gay." They can't win in the marketplace of ideas, so they have to take out their opponents -- assaulting their character and reputation and destroying their credibility and courage to fight back.

These bullies are threatening lawsuits against churches that refuse to perform same-sex weddings. They are forcing the normalization of the homosexual lifestyle into our public schools via Common Core. They have sued a baker for refusing to bake a cake for a same-sex wedding. They sued to compel a Christian photographer to take pictures at a same-sex ceremony.

People are also witnessing the militant gay lobby engage in calculated deception in its quest to impose its views and suppress the opposition. This deception is primarily found in the deliberate distortion of terms, such as "anti-gay," "hate," "discrimination," "bigot," "homophobe," "bullying" and "intolerance."

To oppose same-sex marriage or even to subscribe to the Biblical declaration that homosexual behavior is sinful is in no way anti-gay or hateful. Most people who oppose same-sex marriage have good will toward homosexuals but don't want society to be forced to alter the thousands-year-old understanding of marriage. They want to preserve their constitutional freedoms of expression and religion to believe and state their opinions even if they offend certain people.

On the other hand, an abundance of hatred flows from many militant activists toward those who disagree with them, and especially those who actively oppose them.

Phil Robertson voiced his opinion about homosexual behavior. In doing so, he and others like him neither discriminate nor advocate discrimination against homosexuals in any way.

Those who oppose these practices are not bigots; they do not seek to mistreat homosexuals. Even those who believe the behavior is sinful are not being hypocritical if they admit their own sinful behavior, as well. They aren't advocating that society impose punitive sanctions against homosexuals. Nor are they homophobes, meaning they fear homosexuals. That's outright absurd -- period. But this has not prevented the term from insinuating itself into the common cultural vernacular.

Bullying and intolerance? Here again the accusers are projecting. They have demonstrated they will not countenance opposing viewpoints and will seek to bully, intimidate and suppress the liberty of those who wish to express them.

All in all, freedom lovers should be invigorated with these developments. They are waking a sleeping giant: those Americans who did in fact want to live and let live but who are now realizing that sitting out the culture wars they didn't start is not an option.

The Secret Danger Liberals Don't Want You to Know: Fracking is Safe



By Marita Noon
Sunday, December 29, 2013

Hydraulic fracturing started out as an “exploding torpedo” back in 1865. Today, nearly 150 years later, the actual process has made giant technological strides, but now, it's the topic that’s explosive.

While the White House has been encouraging Christmas dinner table conversation to center around Obamacare, in my experience, it is fracking that came into the conversation—and when it did, the results had the potential to be as explosive as the early practice.

Over the holidays two young adults came home for Christmas. Somehow hydraulic fracturing, or “fracking,” came into the conversation. Dad, a reader of my column whose employment is also peripherally connected to the oil-and-gas industry, spoke up in support of the practice that has unleashed America’s natural resources and made us the world leader in energy production. His children, and their friends who had gathered in his home, were shocked and spouted the usual claims of water contamination, harsh chemicals, and flaming faucets. The topic became so explosive that his kids packed up and left before the festivities even began.

I was in California for Christmas. I visited a cousin in Napa Valley whose adult son is in the wine business. He was at her home when I arrived. She told him what I do and stated that he had many friends in the oil-and-gas business. I smiled and said: “I can talk oil, gas, coal, nuclear, fracking, whatever…” My cousin quickly interrupted and stated: “We probably don’t want to talk fracking.” I took the hint, and we moved on to another topic. Driving back to my brother’s house, I wondered: “When did fracking become an explosive topic.”

With the Christmas prime rib consumed, my family and friends were still gathered around the table. Once again fracking came up. I shared the previous two recent stories. One woman asserted that if her sister, who was arriving in a few days from Boulder, Colorado, was there and we talked fracking, the results would be explosive, too.

Because they are not in the industry, I found that the group gathered around our table had misconceptions about the process that they’d picked up from the media.

While I don’t have an exact date when the topic of fracking became explosive, I do know, from my speaking and writing on the topic, from radio interviews with listener call-ins, and private conversations, that the explosive reactions are due to a lack of understanding about the process—with the two biggest concerns being about water and chemicals.

Water

As I’ve written previously, there are accusations that fracking is taking billions of gallons of water out of the hydrologic cycle. Especially in the southwest where water is scarce and drought conditions persist, this poses a problem.

The process of hydraulic fracturing has advanced from the first nitroglycerin “torpedo” that was shot down a well hole on April 25, 1865, and well acidizing that was used in the 1930s to enhance productivity, to the modern mix of high pressure, water, and chemicals—and it continues to evolve and become more economical.

In a piece addressing water used in fracking, The Economist describes the process this way: “Water injected at high pressure into rock deep underground during the process of hydraulic fracturing, or 'fracking,’ often returns to the surface as brine, having picked up a lot of salt on its journey. It is also contaminated with chemicals from the fracking process itself.”

Today, less and less freshwater is being used—especially in the arid southwest where water for drinking and agriculture is at a premium. A typical frack job can use as much as 5 million gallons of water and lasts about 3 days. The procedure can result in decades of oil or gas production.

With the development of new technologies, the fracking process can be done with brackish water that may be as much as ten times as salty as seawater. A recent report from Reuters, titled “Fracking without freshwater at a west Texas oil field,” documents some of the advancements. Billions of gallons of brackish water are located far below the fresh water aquifers. Producers in west Texas are fracking with the brackish water from the Santa Rosa aquifer. They are then recycling the produced water—a byproduct of oil and natural gas drilling, and the flowback water—the fluid pushed back out of the well during fracking. Both forms of wastewater have historically been trucked to underground disposal wells.

A couple of months ago, I participated in the Executive Oil Conference in Midland, Texas where a panel of water experts addressed the crowd of more than 800 attendees and discussed the new technologies.

Now, instead of trucking wastewater to a remote location, mobile systems can treat the water onsite and condition it to meet almost any specification the driller wants—resulting in a reduction of expensive truck traffic. The portable systems can treat 20,000-30,000 barrels of water per day. For bigger frack jobs, additional units can be added—making the system totally flexible.

These new water solutions can reduce the total dissolved solids in the water from as high as 200,000 to below 200. For reference, the Environmental Protection Agency’s standard for drinking water is 500. The same water can be recycled and used over and over again. Addressing the new technologies, James Welch, Global Business Development Manager, Water Solutions, with Halliburton, told the crowd: “Produced water is not a waste. It is an opportunity. It is an offset to freshwater usage.” Halliburton is able to fracture with water that's 280,000 TDS.

The result of these new procedures is, according to The Economist: “Clean water …pure enough to be used for irrigation, or even drinking water. …Alternatively, it can be re-injected into the ground during the next frack.”

Rather than taking water out of the hydrologic cycle, the oil-and-gas industry is actually often taking formerly unusable water, using it in fracking and then cleaning it up to a level where it can be introduced into the cycle as either irrigation or drinking water.

Stan Weiner, Chairman and CEO at STW Resources, was one of the panelists. He summed up the new water solutions by saying: “Now we’ve figured out a way to clean it up economically. There’s no reason not to use it. Companies nationwide, worldwide, all want to do this. We get no resistance from them. They want to see it work. It’s a go.”

GE (as addressed in The Economist), Apache Corp. (as covered by Reuters), Halliburton, and STW Resources are just a handful of the many companies, which are developing revolutionary water treatment processes that neuter one of the biggest arguments against fracking.

Chemicals

In our Christmas conversation, someone asked: “Why do they need chemicals? Why don’t they just frack with water?” She’d heard stories.

I explained that the so-called chemicals are needed to provide lubrication for the tiny particles of sand that hold open microscopic cracks in the “fractured” rock that allow the oil or gas to escape. “As a woman, I am sure you’ve had your fingers swell. That makes it hard to get your rings off.” She nodded. “What do you do then?” I queried. “Soap my hands up,” she replied.

Bingo!

That is the role the chemicals play in the fracking process. But those chemicals are now mostly food-based and can be consumed with no ill effects—both Governor Hickenlooper (D-CO) and CNBC’s Jim Cramer have had a drink.

So, even if the chemicals did somehow defy geology and migrate several miles from the fracked well through the layers of sedimentary rock to the aquifer, they are not harmful.

To illustrate the point, I am in the process of organizing what I am calling “the great New Mexico fracktail party.” I have several state legislators lined up—and am looking for more. I need to find an operator who is willing to invite us onsite when a frack job is being done. The legislators, industry folks, and anyone else who wants to participate, will be invited to the location with cocktail glass in hand (umbrella, fruit, olive—whatever—included). With media cameras rolling we’ll pour the fracfluid from the tank to our glasses and toast to American energy freedom.

My sister-in-law asked: “What about the flaming faucets?” “Those are real,” I explained. “But they have nothing to do with fracking.” Natural gas, or methane, was found in water wells long before any fracking was done in the area. In fact, it was the gassy smell that often alerted explorers to the potential oil and gas in the region. Oil-and-gas drilling didn’t cause the flaming faucet phenomenon. Quite the contrary. The presence of gas near the surface brought about the “don’t smoke in the shower” adage. While the water is harmless to consume, a gas build up in the house could cause an explosion.

Lies about hydraulic fracturing are rampant. If fossil fuel opponents can spread fear, uncertainty, and doubt about fracking—with the goal of causing a federal fracking ban, they can virtually stop oil-and-gas development in America, as it is estimated that 90 percent of producing wells have been fracked. Without American ingenuity and increasing production, gasoline prices and utility bills will skyrocket. Economic ruin will reign. America will, once again be beholden to increasingly hostile foreign sources.

A fracking conversation shouldn’t be explosive. Today’s hydraulic fracturing is really benign, American technology that is ecologically sound and economically advantageous. Keep these facts in mind. As my stories illustrate, not everyone will listen—but if more people, such as my brother and sister-in-law, know the truth they can help de-fuse the explosive conversation.