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America’s Concentration Camps Are a Warning, Not a Model – Article by Gary McGath

America’s Concentration Camps Are a Warning, Not a Model – Article by Gary McGath

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The New Renaissance HatGary McGath
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But some politicians are trying to revive their legacy

Woodrow Wilson’s reputation has recently taken a well-deserved beating because of his racial policies. He restored segregation in the federal civil service, and the infamous movie Birth of a Nation highlights his support for the Ku Klux Klan. Those policies are dead today, with very few advocates.

However, a more recent president implemented an even worse race-based policy against Americans, and some politicians say we should emulate it today. Franklin D. Roosevelt’s executive order forcibly removed about 120,000 Japanese-Americans, mostly US citizens, from their homes.

After the bombing of Pearl Harbor, people feared a Japanese attack on the West Coast, and many regarded the Japanese American population in California as disloyal. On February 19, 1942, Roosevelt issued Executive Order 9066, which authorized the military to remove people from designated military areas.

As explained in Greg Robinson’s By Order of the President, Roosevelt’s language was broad, but everyone understood “any and all persons” to mean Japanese-Americans and “military areas” to mean the West Coast. The removals included “Issei” — resident immigrants — as well as “Nisei” — native-born Americans with Japanese parents. Immigration from Japan had been banned since 1924, and all Japanese immigrants were ineligible for citizenship, although all had been living in America for at least eighteen years.

They were forcibly removed to ten concentration camps. The government officially called them “relocation centers,” but Roosevelt himself used the words “concentration camp” in a recommendation as early as 1936, as did a military proposal in 1942. The occupants were kept behind barbed wire, and armed guards kept them from leaving.

The mass displacement of Japanese-Americans, but not people of German or Italian extraction, was the result of racial rather than security considerations. Roosevelt showed a lifelong hostility toward the Japanese. Robinson states:

FDR had a long and unvaried history of viewing Japanese-Americans in racialized terms, that is, as essentially Japanese in their identity and emotional allegiance, and of expressing hostility toward them on that basis.

In the years before World War I, Roosevelt considered immigration part of the Japanese threat to the West Coast. During the 1920s, when Roosevelt urged better relations with Japan, he supported immigration restriction and legal discrimination in order to deter Japanese-American settlement.

A report commissioned by Congress concluded that

Executive Order 9066 was not justified by military necessity, and the decisions that followed from it — exclusion, detention, the ending of detention and the ending of exclusion — were not founded upon military considerations. The broad historical causes that shaped these decisions were race prejudice, war hysteria and a failure of political leadership.

As documented by Thomas Fleming in The New Dealers’ War, Roosevelt proposed removing an even larger number of Japanese and Japanese-Americans in Hawaii. The military objected because so many of them were skilled workers who were necessary to the war effort.

The order banning Japanese-Americans from the West Coast was lifted in January of 1945, and the camps were shut down soon afterward. Many returned to find they couldn’t reclaim their property or return to their homes.

These events should be a shameful chapter in America’s past, but even today people cite them as an example to follow. David Bowers, mayor of Roanoke, Virginia, ordered the city government to stop helping Syrian refugees, citing Roosevelt’s internment order as justification.

Al Baldasaro, a New Hampshire state representative and co-chair of Donald Trump’s state veterans’ coalition, has defended Trump’s proposal to ban Muslim immigration by citing World War II internment: “What he’s saying is no different than the situation during World War II, when we put the Japanese in camps.”

Trump has made the connection between his call for banning Muslim immigrants and creating a national registry and FDR’s policies explicit:

What I’m doing is no different than FDR’s solution for German, Italian, Japanese, you know… They stripped them of their naturalization proceedings. They went through a whole list of things; they couldn’t go five miles from their homes. They weren’t allowed to use radios, flashlights. I mean, you know, take a look at what FDR did many years ago and he’s one of the most highly respected presidents.

Trump evaded the question of whether he would have supported Japanese internment, saying, “I would have had to be there at the time to give you a proper answer.” He wasn’t there, but there are still living Americans who were. One was George Takei, who played Lt. Sulu on Star Trek and was sent off at the age of five. He recalls how it happened:

Without charges, without trial, without due process — the fundamental pillar of our justice system — we were summarily rounded up, all Japanese-Americans on the West Coast, where we were primarily resident, and sent off to 10 barb wire internment camps — prison camps, really, with sentry towers, machine guns pointed at us — in some of the most desolate places in this country.

For the sake of a false sense of security, the US government ruined countless lives, imprisoned tens of thousands without charges, without even accusation, with only the mere fact of their skin color and ancestry. The internment stoked hatred against a minority group, squandered potential assets in the war, and fueled the Axis’s anti-American propaganda.

The lesson that America’s concentration camps should have burned into our national consciousness that we must never do that again — not to a racial, national, or a religious minority, nor anyone else — no matter how afraid we are. They are a warning, not a model.

Gary McGath is a freelance software engineer living in Nashua, New Hampshire.

This article was published by The Foundation for Economic Education and may be freely distributed, subject to a Creative Commons Attribution 4.0 International License, which requires that credit be given to the author.

Thanks to “Wiretapping” Laws, Your Cell Phone Is a Felony Machine – Article by Gary McGath

Thanks to “Wiretapping” Laws, Your Cell Phone Is a Felony Machine – Article by Gary McGath

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The New Renaissance HatGary McGath
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The prosecutions are clearly meant to chill free speech

In 2006, police in Nashua, New Hampshire, filed charges against Michael Gannon for using a security system in his home. When he brought a security recording to the police to back up a complaint about how he was treated, they arrested him and charged him with “felony wiretapping” — recording what happened in his own house. They were later forced to drop the charges under intense publicity.

The relevant New Hampshire law is titled “Wiretapping and Eavesdropping,” but it isn’t restricted to electronic communications.

It’s a felony if someone “willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication.”

Intercepting means “the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device.” Oral communication means “any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation,” but the law doesn’t define “reasonable expectation.”

Recording what someone else says can be a felony unless it falls under the reasonable-expectation exception. Burglars don’t expect to be recorded. I live in the same city as Gannon; if thieves broke into my home and I recorded their activity, would I dare bring the evidence to the police?

The New Hampshire law is a “two-party consent” law; you can’t even record your own conversation with someone else without letting him or her know. Nine to twelve states, depending on interpretation, have two-party consent requirements.

In recent years activists have successfully pushed back against using those laws to prevent or punish recording police activity. Courts have held that when they’re on duty, cops don’t have a reasonable expectation of privacy. Governments can still use the law against people who record other public speech, though.

In 2015, in Portsmouth, New Hampshire, Christopher David was charged with felony wiretapping for recording a conversation on a public street. He recorded a private citizen telling him he could be prosecuted for running an Uber vehicle, which the city has banned. It’s easy to suspect the city is going after him for competing with the city’s taxis, but officially, his “crime” is recording words directed at him in public.

Illinois had a similarly draconian law often used to punish recording the police, which the state’s Supreme Court struck down. The court held:

The recording provision of the eavesdropping statute … burdens substantially more speech than is necessary to serve a legitimate state interest in protecting conversational privacy. Thus, it does not survive intermediate scrutiny. We hold that the recording provision is unconstitutional on its face because a substantial number of its applications violate the First Amendment.

Any legal prohibition ought to satisfy the question, “What harm to someone does it deter?” Recording a person who comes up to you in public and tells you something doesn’t injure him in any way. If he’s giving away information he doesn’t want known, that’s on his own head.

Eugene Volokh notes that without a clear definition of privacy, prohibitions ostensibly designed to protect it can seriously infringe on free speech. “Once restrictions on people’s speech are accepted in the name of ‘privacy,’ people will likely use them to argue for other restrictions on ‘privacy’ grounds, even when the matter involves a very different sort of ‘privacy.’” This is a serious matter, because “the right to information privacy — my right to control your communication of personally identifiable information about me — is a right to have the government stop you from speaking about me.”

Modern technology allows anyone to make video recordings in public, and if anyone’s voice is picked up without consent, the recording could be a crime punishable by years in jail. David Rittgers, an attorney and legal policy analyst at the Cato Institute, argues, “I think in this modern age where everyone has a ‘felony machine’ in their pocket — a cell phone — the [all-party] consent law is outdated.”

When the government surreptitiously captures records of our private communications, it tells us we shouldn’t worry if we have nothing to hide. When we record people speaking openly in public, quite a different standard applies.

Most of the debate about abusive wiretapping and eavesdropping laws has focused on their use to protect police officers caught misbehaving. The problem doesn’t stop there, though. When “reasonable expectation of privacy” isn’t clearly delimited, any recording of what people say in public can become an excuse to throw people in jail.

Gary McGath is a freelance software engineer living in Nashua, New Hampshire.

This article was published by The Foundation for Economic Education and may be freely distributed, subject to a Creative Commons Attribution 4.0 International License, which requires that credit be given to the author.

Fantasy Bookstore Fights Fantasy Economics – San Francisco Sci-Fi Lovers Do Battle With the Minimum Wage – Article by Gary McGath

Fantasy Bookstore Fights Fantasy Economics – San Francisco Sci-Fi Lovers Do Battle With the Minimum Wage – Article by Gary McGath

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The New Renaissance Hat
Gary McGath
May 18, 2015
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Borderlands is an independent bookstore in San Francisco with an enthusiastic following among science fiction fans. It’s not just a place to buy books, but in the words of its mission statement “a social and professional center for readers, writers, publishers, reviewers, artists and other individuals with a strong interest in the fields of Science Fiction, Fantasy, Horror and Macabre Fiction.” Authors frequently appear there, and readers meet for discussions.

Like other bookstores, Borderlands has found staying in business difficult. It nearly closed early in 2015, and management put the blame for this on the city’s increase in the minimum wage. On February 1, it announced:

In November, San Francisco voters overwhelmingly passed a measure that will increase the minimum wage within the city to $15 per hour by 2018.

Although all of us at Borderlands support the concept of a living wage in principal [sic] and we believe that it’s possible that the new law will be good for San Francisco — Borderlands Books as it exists is not a financially viable business if subject to that minimum wage.

Consequently we will be closing our doors no later than March 31st.  The cafe will continue to operate until at least the end of this year.

Thanks to sponsorship from its community, Borderlands was able to avoid closing and is still in business, at least for now. Still, its crisis graphically shows one of the damaging consequences of minimum wage laws.

If the cost of something goes up, people will buy less of it, or if they can’t, they’ll make up for it in some other way. This applies to employees as much as to anything else. Some businesses can raise their prices to meet increased labor costs, but books are a highly competitive market, and consumers are very sensitive to price changes.

Small businesses in general have fewer options. A large operation may be able to absorb the cost or find ways to pass it on. It can reduce hours, require extra duties, or replace people with machines. These options don’t work well when the staff is small and the love of what they’re doing is a big reason they stay there.

Borderlands is hardly a unique case. The management was careful not to take a position against the minimum wage, but zero dollars for unemployed workers isn’t a “living wage,” and it’s meaningless to say that putting low-wage employees out of work is “good for San Francisco.” It is individuals, not a city, who have to get food and a place to live.

A paid sponsorship program was the key to Borderlands’ short-term survival. Science fiction fans are heavily networked, and many work in well-paying jobs, so the store benefited from a community with money to spare.

Well-known authors like Seanan McGuire and Cory Doctorow helped publicize the cause. Borderlands deserves credit for its innovative approach, but other businesses aren’t always so lucky, and they will fold without being widely noticed or mourned. Fans of bookstores realized, perhaps too late, that for the industry to survive as a whole, the bookstore must be profitable as a business venture, rather than a charity case.

Minimum-wage increases aren’t magic money. Any cost increase has to come out of something, and low-paying jobs that can’t justify the increase are the first place they’ll come out of. Thinking it happens for free is just fantasy.

Gary McGath is a freelance software engineer living in Nashua, New Hampshire.

This article was originally published by The Foundation for Economic Education.
The Dawn of the Surveillance State – Article by Gary McGath

The Dawn of the Surveillance State – Article by Gary McGath

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The New Renaissance Hat
Gary McGath
September 18, 2014
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We think of mass surveillance as a product of modern technology—applying computing power to scoop up communications and metadata in bulk. But large-scale spying on Americans got its real start in 1917, when the United States entered World War I. The government wanted to build up an apparatus to crush all criticism.

In his 1917 Flag Day speech, President Wilson claimed that Germany had “filled our unsuspecting communities with vicious spies and conspirators and sought to corrupt the opinion of our people in their own behalf.” He warned, “Woe be to the man or group of men that seeks to stand in our way in this day of high resolution.” The next day, Congress gave teeth to his warning with the Espionage Act, which criminalized opposition to the war. In 1918, the Sedition Act made prohibitions on dissent even broader.

The apparatus for searching out people with supposedly disloyal tendencies was already in place. The Council of National Defense, created in 1916, had begun urging the states to create their own Councils of Defense. Some of them paid close attention to everything people were saying and promoted persecution of anything sounding disloyal or foreign. In Iowa, elderly women were jailed for speaking German over the telephone, and a pastor was imprisoned for giving part of a funeral service in Swedish.

In Oklahoma, Governor Robert L. Williams formed an extralegal state Council of Defense, which in turn created an Oklahoma Loyalty Bureau, employing secret service agents to find sedition in communities. The Tulsa County Council of Defense formed a secret organization to look for dissidents.

The Bureau of Investigation (later called the FBI) got into the act, creating the American Protective League (APL)—a private, quasi-official espionage organization. The APL boasted that it was “organized with approval and operating under the direction of the United States Department of Justice, Bureau of Investigation.” Because it was nominally private, the government didn’t have to take responsibility for its actions. Its 1,200 branches put local public schools under surveillance, checked on people who didn’t buy war bonds, and investigated Lutheran clergymen who didn’t express public support for the war. APL members detained over 40,000 people, opened mail, and raided factories, union halls, and private homes.

The federal government did its own share of outrageous searches and seizures. A 1918 pamphlet, “War-time Prosecutions and Mob Violence,” by the National Civil Liberties Bureau, cites numerous raids, with vast amounts of printed materials confiscated, from September 1917 onward. The International Workers of the World (IWW) and the International Bible Students’ Association—a branch of what’s now known as the Jehovah’s Witnesses—were targeted repeatedly.

The Feds also took control of all radio stations when the United States joined the war. Amateur radio was shut down, along with many commercial stations. In 1918 the federal government nationalized telephone and telegraph service, an act that Postmaster General Burleson declared necessary “to prevent communication by spies and other public enemies.”

Most of the surveillance apparatus was dismantled after the war was over, and communications returned to private hands. However, the Sedition Act, which made it all possible, still remains on the books, though in a more limited form. In 1971, it was used to indict Daniel Ellsberg for leaking the Pentagon Papers, which showed that the government had been systematically misleading the public about the Vietnam War. In 2013, it was the basis for bringing charges against Edward Snowden.

And even if most of the organizations created during this wave of hysteria are now defunct, as historian Lon Strauss has written, we can “see the foundation that influenced subsequent decisions…. There’s a direct connection with the type of surveillance state that produced the NSA; that foundation was created in the First World War.”

Mass surveillance might be grabbing headlines, but unfortunately, it’s nothing new.

Gary McGath is a freelance writer and a former editor of the Thomas Paine Review.

This article was originally published by The Foundation for Economic Education.