… But it must just be the summer heat, right?

In Maryland, a state police Red Squad spent a year and change infiltrating anti-death penalty and anti-war groups, and put the names of nonviolent activists onto terrorist and drug-trafficking watch lists:

The ACLU released 43 pages of [Maryland] state police summaries and computer logs Thursday - some with agents’ names and paragraphs blacked out — that it obtained from the state attorney general’s office through a lawsuit based on Maryland’s Public Information Act.

The files depict a pattern of spying and surveillance over a 14-month period in 2005 and 2006. During that time, agents infiltrated the Baltimore Pledge of Resistance, a peace group; the Baltimore Coalition Against the Death Penalty; and the Committee to Save Vernon Evans, a death row inmate.

Police entered the names of activists in a law enforcement database of people suspected of being terrorists or drug traffickers, the documents show. Police officials said they did not infringe on the protesters’ freedom; the ACLU said that nothing in the documents indicated criminal activity or intent.

Many of the spies’ reports seem innocuous. In one, an agent who attended a gathering of the Evans group noted that activists discussed the stance that a candidate for Baltimore County state’s attorney might take on the death penalty.

Yesterday, [former Maryland Governor Bob] Ehrlich said on WJZ-TV that he was sympathetic to the principle that police should not spy on groups when there is no evidence of wrongdoing.

But he added, We pay state police to make decisions, and obviously they bring discretion with them to their jobs every day, so their job on a daily basis obviously is to weigh the relative value of intelligence they’ve received and to make decisions accordingly.

—Jonathan Bor and Gus G. Sentementes, Baltimore Sun (2008-07-19): State police spying decried

For example, one of the decisions that cops accordingly make is to harass, assault, restrain, and imprison innocent people who try to photograph them and document how the cops are treating the people they interact with. (Apparently this intelligence thing isn’t a two-way street.) They are, of course, happy to invent completely fictional crimes based on nonexistent laws in order to do so. Thus, in Johnson County, Tennessee:

Nearly everyone carries a cell phone and it’s hard to find one without that camera feature. It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during a traffic stop.

The cell phone photographer says the arrest was intimidation, but the deputy says he feared for his life.

… A Johnson County sheriff’s deputy arrested Scott Conover for unlawful photography.

He says you took a picture of me. It’s illegal to take a picture of a law enforcement officer, said Conover.

… The deputy also asked Conover to delete the picture three times.

He said if you don’t give it to me, you’re going to jail, said Conover.

Under the advice of the Johnson County attorney, the sheriff would not comment and the arresting deputy said he didn’t want to incriminate himself by talking to us.

—Darius Radzius, WJHL (2008-07-11): Man Arrested For Unlawful Photography

Carlos Miller elaborates on the same case:

Gangsters in Blue Ben May and Starling McCloud

Update: I talked to Scott Conover Wednesday morning and he said they delayed his court appearance to Sept. 3rd, which sounds familiar because they kept doing the same thing in my case. (I was arrested last year for photographing cops against their wishes). In my case, I took it as a sign that they were hoping the delay would cause the media interest to die down.

After arresting Scott Conover for unlawful photography in Mountain City, Tennessee last June, Johnson County Sheriff’s Deputy Starling McCloud threatened to arrest Conover’s 12-year-old daughter with the same charge after she snapped two photos of her father getting handcuffed.

As it turns out, she is a better photographer than her father because she actually managed to photograph the camera shy deputy.

… It won’t be the first time [Scott Conover has] faced off against the Johnson County Sheriff’s Office in court.

A couple of years ago, we had problems with the sheriff, so we sued them and settled out of court for an undisclosed sum, he said.

But the problems started even before that, after he witnessed deputies beating a man in front of the restaurant/bar he owns.

They beat the shit out of him, he said. The guy’s lawyer came back and took witness statements. When the statements made it back to the sheriff’s department, they came by and asked me why I was getting involved.

Not long after that, deputies started staking out his business, Jammers Rocking Road House, which he said is modeled after the Tiki Bar in Key Largo.

They were wolf-packing my customers, he said. They would lie and wait for them to leave and then pull them over to see if they had been drinking.

Conover struck back by suing them.

… On the night of his arrest, Conover and his family had left the Last Chance Saloon after picking up the nightly earnings and were on their way back to Jammers. His wife was sitting in the passenger’s seat. His son and daughter were in the back seat.

Up ahead were a group of customers who had just left the bar. A Johnson County Sheriff’s deputy, who was parked along side of the road, pulled over the car with the customers.

The lady who was driving doesn’t drink, he said. Her husband, who does drink, was sitting in the passenger’s seat.

Conover pulled up to the scene and stopped his Hummer in front of the traffic stop. He asked his son for his IPhone, then rolled the window down and said:

Hey fellas, I’m just getting your picture.

Then he snapped the photo. Deputy McCloud — who has been on the force only 18 months — told him that photographing him was illegal.

I asked, what planet are you from?, Conover said.

McCloud started threatening to arrest him if he did not delete the photo, which as it turned out, did not even capture the deputy.

Conover’s wife even asked her husband to just hand the deputy the IPhone, but he refused. The deputy kept threatening him with arrest if he didn’t delete the photo.

The deputy then ordered Conover out of his car.

I threw the phone back to my daughter and told her to keep taking photos.

By then, two Mountain City police officers had pulled up to the scene, including Kenneth Lane and Ben May, who is in the dark uniform in the above photos. McCloud placed two sets of handcuffs on Conover, who is six-feet tall and weighs 270 pounds, and apparently looked as if he could break out of a single pair of handcuffs.

Conover’s daughter snapped two photos before McCloud threatened her with arrest.

He started trying to get in my Hummer and get to the back seat where my kids were. I told him, You better not go back there or else we’re going to have some real problems, he said.

McCloud decided against arresting the daughter.

At the jail, Conover asked McCloud if had ever heard of the First Amendment.

He then turned to me and said, I’m charging you with disorderly conduct.

Thirty minutes later, after McCloud had left the jail — and had time to think of what other charges he could come up with — he called the jailer and added another charge against Conover; pointing a laser at an officer.

—Carlos Miller, Photography is Not a Crime (2008-08-05): Deputy threatened to arrest 12-year-old daughter for unlawful photography

Meanwhile, in Ohio, posturing macho paramilitary cops gunned down an unarmed woman holding nothing other than her baby boy. They fired high-powered rifles, blindly into a room they couldn’t see, because they saw a shadow on the wall during their cock-swinging commando SWAT raid. Please remember that cops are hired and trained to keep you and me safe, so obviously no matter how many unarmed women these heavily armed, trained professionals mow down in a wild attempt to save their own skins, the warrior mindset means never having to say you’re sorry.

A Lima, Ohio jury has acquitted police officer Joseph Chavalia of involuntary manslaughter in the death of 26-year-old Tarika Wilson. Chavalia shot and killed Wilson and wounded her infant son during a drug raid last January. Wilson was unarmed.

During the raid, one of Chavalia’s fellow officers shot and killed the two dogs owned by Wilson’s boyfriend and the target of the raid, Anthony Terry. Chavalia testified that he mistook his fellow officer’s shots at the dogs for hostile gunfire coming from the bedroom where Wilson was standing with her child. Chavalia then fired blindly into the bedroom.

The jury concluded that Chavalia reasonably feared for his life when he heard the gunshots. I guess they were then willing to overlook Chavalia’s mistaking an unarmed woman holding a baby for an armed drug dealer, and the fact that he fired blindly into a room without first identifying what he was shooting at. It’s too bad that that same sort of deference isn’t given to the people on the receiving end of these raids when they too understandably confuse the police officers who wake them from sleep and invade their homes for criminal intruders.

—Radley Balko, Hit and Run (2008-08-05): Lima, Ohio SWAT Officer Acquitted in the Killing of Tarika Wilson

Over in Chicago, the arbitrary governor over the state of Illinois has declared that what Chicago needs is yet another elite tactical team to patrol inner city neighborhoods, complete with state troopers and military helicopters.

Calling violence in Chicago out of control, Gov. Blagojevich on Wednesday offered to lend state troopers and National Guard helicopters to the city to augment the Chicago Police.

The governor is considering forming an elite tactical team to help the Chicago Police fight gang problems, a source said, adding that the unit could later be sent across the state to deal with gang problems at any city’s request.

—Chicago Sun-Times (2008-07-17): Gov. says Chicago out of control

Meanwhile, the Fighting Uruk-Hai of Arizona proposes that we ought to combat inner city crime using the strategic hamlet surge tactics that have made for such a brilliant success in the occupation of Iraq.

We might look at what Rudy Giuliani did in New York City, when he became mayor of that city. … And some of those tactics, very frankly — you mention the war in Iraq — are like that we use in the military. You go into neighborhoods, you clamp down, you provide a secure environment for the people that live there, and you make sure that the known criminals are kept under control. And you provide them with a stable environment and then they cooperate with law enforcement, etc, etc.

Do you feel safer now?

(Stories via Darian Worden (2008-07-18): Martial Law 2008, Manuel Lora @ LewRockwell.com Blog (2008-08-02): The Fascist McCain On Solving Neighborhood Crimes, Ali @ ThinkProgress (2008-08-01): McCain suggests military-style invasion modeled on the surge to control inner city crime, etc.)

See also:

• GT 2008-07-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#4)
• GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
• GT 2008-05-15: No, seriously, I could swear the water in this pot is getting a little hotter… (#3)
• GT 2008-05-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#2)
• GT 2008-05-06: No, seriously, I could swear the water in this pot is getting a little hotter…
• GT 2008-04-28: Is it just me or is the water in this pot getting a little hotter?

From GT 2008-05-14: Voyage of the S.S. St. Louis:

If you and your family are from Iraq, and, because of the crushing poverty and the tremendous danger to your life and limb which you face — due to the United States government’s own war and bombing and occupation in Iraq; or due to threats from the government-backed and freelance ethnic-cleansing death squads, which have flourished under that occupation; or due to the crossfire in the endless battles between the United States government’s occupying forces and Iraqi insurgents — if, because of all that, you are one of the 2.5 million Iraqis who have fled the country in order to try to find a new home (either temporarily or permanently) where you can live your life free of fear and starvation and unspeakable daily violence, and now you find yourself stuck — like 2.4 million of your fellow Iraqis — in some hellhole refugee camp or urban ghetto in neighboring countries like Syria or Jordan, where conditions are awful, where you are surrounded by suffering, where you cannot legally work for pay and have little or nothing to do other than take hand-outs and fill out paperwork for UNHCR, while you watch your life savings drain away in the effort to keep yourself alive for a few more months while you wait, and wait, and wait, and if you don’t happen to be one of the 500 people per year who are eligible for Special Immigration Visas in return for collaborating with the U.S. government’s occupying forces in Iraq, and you don’t happen to be one of the quota of only a few thousand Iraqi refugees that the U.S. government has agreed to accept each year — well, then, I’m sorry, but according the United States government that just isn’t a good enough reason to get out of your way and leave you alone to travel to the United States and live your life peacefully within the borders that the United States government claims the right to fortify. Your suffering, and the danger to your life or the lives of your loved ones, by any one of the countless armies and armed factions rampaging through Iraq, don’t matter enough to them for them to reconsider their immigration quota policy. So this government will keep you penned up in your hellhole ghetto, where you can die for all they care, or, if you somehow get to America, this government will march you out at bayonet-point, and ship you out of the country, back to the ghetto conditions or to the tormentors in Iraq who you risked everything to escape.

And the S.S. St. Louis sailed on from the United States to Sweden, and this is the safe harbor that they found:

But amid a refugee flood that has taxed even this Scandinavian nation’s traditional liberal compassion, Sweden has dramatically narrowed the standards for granting asylum to people from Iraq, Afghanistan, and Somalia.

[…]

The change in policy stems from a new immigration law and an appeals court ruling this year that found, incredibly to many Swedes and refugee advocates, that legally there is no internal armed conflict in Iraq — allowing deportation of asylum seekers to their home country.

They say there is no armed conflict in any part of Iraq. There is no armed conflict in Somalia; there is no armed conflict anywhere in the Middle East. There is armed conflict in five or six of the most southern parts of Afghanistan, said Kalle Larsson, a Left Party member of Parliament who has sought to preserve asylum opportunities in Sweden.

I’m afraid that what is really happening is the system is sending political signals to the courts and to the migration board, he said. And these signals are saying, There are too many people coming to Sweden.

—Kim Murphy, Boston Globe (2008-07-21): Refugees find door to Sweden closing

Too many people for what? For a bunch of comparatively comfortable Swedes to maintain a particular level of wages, to find an apartment in a particular neighborhood or at a particular monthly rent, to go on living in the style to which they have become accustomed? Well, I guess that’s understandable. I mean, it’s not like those Iraqi, Afghan, or Somali refugees lose much by being forced out of the country at bayonet-point. It’s not like anything important hangs in the balance.

For hundreds of refugees across Sweden, the deportation orders seem to amount to death sentences.

How can we go back? After what happened to us, Iraq to me was no longer a country, Naseir, who does not want his last name published, said as he slumped over at a coffee shop one recent afternoon to hide the tears streaming down his face.

—Kim Murphy, Boston Globe (2008-07-21): Refugees find door to Sweden closing

The fact that this is done by comfortable men and women sitting in well-appointed offices, nicely dressed and with nameplates on their desks, does not matter. The fact that it is done with obfuscatory handwaving and bromides about the National Interest does not matter. What matters is that it is criminal—obscenely criminal—that even one man, or one family should be put through this in the name of some bullshit policy. It is criminal—obscenely criminal—that even one man, or one family, should be forced out of their new homes at bayonet-point, marched back to an almost certain death.

But of course, this isn’t personal; this is policy, which means that it won’t just be one man or one family being murdered by the fountain pen of Swedish immigration bureaucrats.

But the doorway is narrowing sharply. Not only have the new legal standards meant a drop in approvals, with only about 43 percent of applicants winning their cases so far this year, but those who lose are also booted out.

Since February, 290 Iraqis have been ordered expelled from Sweden and have returned voluntarily [sic!] to Iraq, according to the Swedish Migration Board. Ten others have been forcibly returned.

—Kim Murphy, Boston Globe (2008-07-21): Refugees find door to Sweden closing

From GT 2008-05-14: Voyage of the S.S. St. Louis:

This is life, such as it is, under government immigration controls. It is life as it always will be, as long as politicians and bureaucrats have the power to pick and choose whose reasons for wanting to cross an arbitrary line on a map are good enough, and whose are not.

But it is criminal that there is even one single refugee in this world who cannot immediately find asylum and a chance to make a new life and a new home for herself in a new country.

It is inexcusable that, in the name of the ethno-political system of international apartheid, the governments of the world continue to collaborate in violence against women, in forced starvation, and in ethnic cleansing, by forcing peaceful women and men into refugee ghettoes or, worse, by forcing peaceful women and men back into the maws of the very governments or violent factions who intend to devour them.

It is obscene that a bunch of politicians and unaccountable bureaucrats from the United Nations or the U.S. government would be invested with the power to sit in judgment, from their comfortable offices, on the most marginalized, the most exploited, and the most oppressed people in the world, so that they put all their conventional prejudices and political blinders to work in picking and choosing whose suffering should count as real, in the eyes of the governments of the world, or whose suffering, if acknowledged as real by the government, is important enough to let them into a tiny quota that the government will allow to cross an arbitrary line on a map.

The S.S. St. Louis still sails the seas today, a ghost ship with ghost passengers, without rest and without safe harbor. It will haunt the world forever, as long as this system of international apartheid is enforced.

And all for what? To avoid the voluntary co-mingling of people from different countries? To ensure that the people of the world hear only one language, live and work with people of only one nationality, remain segregated, either by penning them up in their government-appointed place or else by making sure you can monitor all their movements according to a government-created system of passbooks and minders? The idea would be laughable if not for all the ghosts—the ghosts of millions upon millions of real, living, irreplaceable and unique individual people, who were turned back, ruined, persecuted, mutilated, tortured, starved, and murdered for the sake of that idea.

There is another way. A way in which the living can finally live, and the dead can finally rest, in peace. But that other can only become a reality when people are free to move from one place to another, and their reasons, their suffering, and their lives cannot be measured and found wanting by entitled strangers with the power to turn them back and force them back to the tormenters that they risked everything to escape. It can, that is to say, only become a reality with the immediate, unconditional, and complete abolition of all government border controls, and with universal amnesty for all currently undocumented immigrants.

There’s no room for compromise or moderation in the politics of immigration when real people’s bodies and real people’s lives are hanging in the balance. As they are all over the world today.

One of the things that I said in my speech about ALL to the Libertarian Party of Clark County, which was deliberately provocative and carefully worded, was I am here today to bring you two messages. So let me cut to the chase and deliver both of them right now. They are the point of this entire talk, and I can put them both in ten words or fewer. Here’s the first: Las Vegas will be free soil in our own lifetimes. And the second is: We are all going to make it happen. That may seem ridiculously optimistic, given the immensity, the scope, the pervasiveness, and the ruthlessness of the many-headed monster we call the modern State. I try to discuss a bit in my speech why it is not overly optimistic, focusing on the second claim — that we all, meaning not ALL or the Libertarian Party, but just about everybody in Las Vegas — can and will take part, if those of us who care about these things play our cards right, through the use of populist organizing, coalition building, direct action, and counter-economics.

But another thing that I didn’t focus on much, which I’d like to mention, is the importance of the first thing I said, when I said Las Vegas will be free soil. I said that, and not something else (the U.S. will be free soil; the word will be free soil) because I think that’s an achievable goal. It’s not that I don’t want the whole U.S., or indeed the entire earth to be free soil; it’s not even that I think either couldn’t be free soil in the forseeable future. They could; I hope they will; if I can help, I will. But Las Vegas is where I live, and where Southern Nevada ALL intends to act, and I think it’s immensely important to begin there, and not to sell yourself on the idea that action has to be directed against the largest possible targets, or, more importantly at trying to strike some decisive blow at those targets that will somehow defeat Power everywhere and forever. Real empires almost never fall that way, unless they are conquered by some outside force, usually another rising empire, and for anarchists that’s not an acceptable option. So we need to think about getting the empire to crumble, not to implode, and to help it along by chiseling wherever and as hard as we can. If we win, it will crumble in some places faster than it will crumble in others. The basic problem is that a central aim of the imperial State has always been to get people to forget, effectively, about their neighborhood, their friends, their family, and everything else actually around them, and to understand their homeland in strictly political terms, in terms of a flag and a set of lines on the map and a capital hundreds or thousands of miles away. If anarchists ever want to get anywhere, we’re going to need to break that link, to pry people’s notion of home from out the talons of the State and its notion of political citizenship. Which strategic point brings me to a really excellent recent post by Jeremy at Social Memory Complex (2008-06-13), which is working towards some of the analysis that goes along with:

Or does our whole approach to this dissonant national endeavor need retooling?

I think it does. Is the lobbyist-driven agenda of corporations, special interests, and political culture really any less distant than U.S. foreign policy? Do we have any authentic control over the decisions in our society that affect us? Or are we just treated as fungible units of polity that have only to be deftly mobilized by public relations wizards in pursuit of an agenda fundamentally alien to us? What, in other words, is the difference between our powerlessness within the borders of the U.S. and the powerlessness endured by the residents of Iraq and Afghanistan?

Instead of contrasting our experience under our government with that of its foreign victims, we might do well to compare the experiences. We’ve been taught from a very young age to distinguish American citizenship from that enjoyed by citizens of other countries, chiefly by virtue of our unique institutions of governance. But it is these same institutions that are being built in Iraq: a democratic, constitutional government with corporate control and obedience to international capital, with an established U.S. military presence to ensure stability in the region. These features are proving just as confounding to their freedom as their American counterparts are for us.

Through overwhelming military force, claims of moral privilege, and alleged threats - not unlike the P.R. which allowed the U.S. to conquer the west and the south in the 19th century and frame it as liberation - the U.S. government is imposing a democratic government and a market economy on an unwilling people. Meanwhile, the U.S. government is also continuing to ratchet up the police state at home even as it practices martial law in Iraq. Just as there were Tories and other people loyal to the crown during the American Revolution, the federal government finds plenty of lackeys in the fifty states, Iraq, Afghanistan, and indeed throughout the world to do their dirty military or paramilitary (law enforcement) work. Legislative creep and sheer audacity constantly expand the scope of lawful authority, defining down the degree of liberty an individual can expect to enjoy. Participation in the decisions that affect us is framed as a set of predetermined choices provided by the establishment rather than a direct say at the local level. And all of these features bring more and more of the world under direct control of Washington - both the world within U.S. borders and the world outside them.

For it is into Washington, in the District of Columbia, that all the spoils of these policies flow. The D.C. metro area is among the fastest growing in the nation, despite having no productive civilian industry to speak of (except perhaps I.T., but no more than any other city if you discount government contracting). Not only is it the seat of governance for the country, it is the clearing house for the international policy of most nations. By enticing Americans to “work within the system” to influence policy, citizens legitimate the process by which power and authority are steadily concentrated. An entire lobbying industry has sprung up from the need to have some say in this process; doing business in the empire has a high cost of entry, and once you get a seat at the table it’s plunder or be plundered. As more people see D.C. as the place where decisions are made, rather than local governments or foreign capitals, the amount of money and people pouring into the city will continue to grow, while localities and other countries become bureaucratic appendages of D.C. policy.

[…]

But it’s not just that Washingtonians rule over an overseas empire; it’s that domestic U.S. territory is increasingly treated as part of the conquered territory, rather than as the source of state legitimacy. Sure, we have elected representatives we send to D.C. from all over the country, but experience shows that only in the rarest of occasions do they not adopt the Beltway outlook of going along to get along with the system. Instead, they play the game to bring home as much of the spoils of empire (taxation and government contracts for further imperialism) as possible. In the process, they cease to represent their constituents in D.C., preferring to represent the Washingtonian agenda in their respective localities. They become little Paul Brehmers, advocating policies that promote the more effective rule of the domestic and foreign empire. They measure success in terms of how they can coax or coerce the locals into compliance with necessarily foreign interests.

If it is policies in Washington, D.C. that are changing this country into an empire, it is inaccurate to label the empire American. Clearly, the vast majority of Americans are not participating in it, but are merely preferred subjects in territory as occupied as that in Iraq and Afghanistan. […] If the decision-making bureaucracy, military might, and economic clout are all based in Washington, doesn’t it make sense to call this system the Washingtonian empire, rather than conflating it with the disenfranchised subjects in the fifty states? It’s no more an American empire than it is an Iraqi or Afghan one.

The Washingtonian Empire is the largest, richest, most powerful, most hierarchically distributed, and most subtly maintained in history. It is so successful that it has even managed to proceed with its agenda without much notice as to its true nature. We should stop trying to get people to take responsibility for the decisions of a foreign city-state, because this only encourages the conflation of their American identity with an alien one.

By drawing on our revolutionary, anti-colonial legacy, we can frame the American political experience as one of historically consistent subjugation. We can then find common ground with other victims of American imperialism while articulating an authentically decentralist agenda.

—Social Memory Complex (2008-06-13): The empire is not American, but Washingtonian

Make sure you read the whole thing, especially Jeremy’s very salient discussion of the impact of this kind of analysis on strategy.

Let me just add that one of the most important dimensions in which to emphasize the nature of America as occupied territories is the connection with the daily lives of the most thoroughly oppressed and exploited people under the bootheels of the United States government and its praetors and proconsuls: especially black people, brown people, poor people, immigrants, people labeled crazy, women (especially the women most marginalized and criminalized by the government and civil society), etc. etc. etc. During the 1960s, the Black Panthers, the Young Lords, and many other New Left liberation groups explicitly linked the conditions and struggles of people in the brutally police-occupied, white-controlled ghettoes of the U.S. — which were founded in slavery, lynch law, apartheid, and immiserating land grabs, which were treated politically as presumptively criminal, unruly elements of the body politic, to be reformed, contained, or eradicated; which were regimented and patrolled on every street corner by the occupying paramilitary forces of the white government — with the conditions and struggles of colonized peoples throughout the so-called Third World, recognizing that just because the lines on the map separated Harlem and Watts from Johannesburg and Nairobi, the people in each had far more in common with each other than any of them had with the handful of white men sitting in the halls of power in D.C., in London, and elsewhere. The false dignity of a morally and practically meaningless imperial citizenship was dismissed; in its place was offered self-understanding for people facing the violence of colonization and solidarity with people rising up against Power in their own homelands throughout the world. In the 1970s, Detroit feminists elaborated the thought by pointing out that, in an important sense, women throughout the world constituted a Fourth World, which faced subjugation and colonization at the hands of petty patriarchs and male States, whether those sites of colonization were located in the capitals of First, Second or Third World regimes. Anarchists can and should learn these lessons well, and take the thoughts to their logical completion, by showing how the State, just as such, always and everywhere, operates as a colonizing force, against all its subjects, and for the profit of the handful of beneficiaries who constitute the ruling class. (Of course, the fact that it operates like this against us all does not mean that it operates this way against all of us to an equal degree. The point here is not cheap sympathy; it’s solidarity, especially with those who are the most trodden upon by this monster State.)

While the legacy of 1776 is worth understanding and learning from, and an important weapon to turn against the power in Washington; but so are many other things, and I think it is vital for the Libertarian Left to take up and learn from this tradition in articulating our anti-imperial theory and practice.

See also:

• GT 2006-07-21: Karl Hess on the Country, the State, and a new language of patriotism
• GT 2007-04-05: A Left-Libertarian Primer: Karl Hess documentary is now online
• GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
• Roderick Long (2006-11-13): What Empire Does to a Culture

A lot of libertarian analysis makes use of the concept of spontaneous order. As well it should; it’s an important concept, and especially important for understanding how many problems of social coordination can be solved in a free society without any government intervention or institutionalized central planning. But I think there are a couple complications involved in the concept which need to be noted, but often fail to be. (I figured it would be worthwhile to mention it now, because these points happened to come up recently in discussions over at Distributed Republic.)

First, the concept of spontaneous order, as it is employed in libertarian writing, is systematically ambiguous, depending on whether one is using spontaneous to mean not planned ahead of time, or whether one is using it to mean voluntary. Thus, the term spontaneous order may be used to refer strictly to voluntary orders — that is, forms of social coordination which emerge from the free actions of many different people, as opposed to coordination that arises from some people being forced to do what other people tell them to do. Or it may be used to refer to undesigned orders — that is, forms of social coordination which emerges from the actions of many different people, who are not acting from a conscious desire to bring about that form of social coordination, as opposed to coordination that people consciously act to bring about. It’s important to see that these two meanings are distinct: a voluntary order may be designed (if everyone is freely choosing to follow a set plan), and an undesigned order may be involuntary (if it emerges as an unintended consequence of coercive actions that were committed in order to achieve a different goal). While Hayek himself was fairly consistent and explicit in using spontaneous order to refer to undesigned orders, many libertarian writers since Hayek have used it to mean voluntary orders, or orders that are both voluntary and undesigned, or have simply equivocated between the two different meanings of the term from one statement to the next. It’s important to be clear about the difference between the two, because if you equivocate you are likely to expose yourself to certain confusions, and to find yourself wearing certain kinds of conceptual blinders.

The second point, which is related to the first, is that not all spontaneous orders are necessarily benign. Libertarians tend to write as if they were, probably because most of the examples of spontaneous order that libertarians are most interested in are examples where the process is benign — especially cases where a benign spontaneous order (say, the adjustment of prices to reflect changes in relative scarcity of goods in a market economy) provides an alternative to central planning, and does something important and worthwhile that State planners cannot do at all, or cannot do as well. But if widely distributed forms of intelligence, knowledge, virtue, or prudence can add up, through many individual self-interested actions, into an benign undesigned order, then there’s no reason why widely distributed forms of stupidity, ignorance, prejudice, vice, or folly might not add up, through many individual self-interested actions, into an unintended but malign undesigned order. Moreover, if you consider that spontaneous orders can emerge as unintended consequences of certain widespread forms of violence, then it ought to be especially clear that not all undesigned orders can be considered benign from a libertarian point of view.

Here’s a concrete example: Susan Brownmiller’s Myrmidon theory of stranger rape, which she explains in Chapter 6 of Against Our Will (The Police-Blotter Rapist). Brownmiller famously wrote, near the end of the first chapter of Against Our Will:

Man’s discovery that his genitalia could serve as a weapon to generate fear must rank as one of the most important discoveries of prehistoric times, along with the use of fire and the first crude stone axe. From prehistoric times to the present, I believe, rape has played a critical function. It is nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear.

—Susan Brownmiller (1975), Against Our Will pp. 14–15.

Critics of Brownmiller have often misunderstood this passage, mainly in ways which seem to come from not having read any further in the book than that paragraph. I’ve discussed some of those misunderstandings in the post and comments for GT 2004-03-03: She said, she said (for example, if you think that Brownmiller is claiming all men are rapists, you need to re-read the final sentence more carefully, and pay particular attention to what the verb in that sentence is). But my point in bringing it up here is that one way to get clearer on Brownmiller’s meaning is to look at how it connects with the Myrmidon theory, as presented in Chapter 6, and to think about both of them in light of the concept of a malign spontaneous order:

As described by Warden [Clinton] Duffy [of San Quentin] or as defined by the statistical profiles of the sociologists and the FBI, America’s police-blotter rapists are dreary and banal. To those who know them, no magic, no mystery, no Robin Hood bravura, infuses their style. Rape is a dull, blunt, ugly act committed by punk kids, their cousins and older brothers, not by charming, witty, unscrupulous, heroic, sensual rakes, or by timid souls deprived of a normal sexual outlet, or by super-menschen possessed of uncontrollable lust. And yet, on the shoulders of these unthinking, predictable, insensitive, violence-prone young men there rests an age-old burden that amounts to an historic mission: the perpetuation of male domination over women by force.

The Greek warrior Achilles used a swarm of men descended from ants, the Myrmidons, to do his bidding as hired henchmen in battle. Loyal and unquestioning, the Myrmidons served their master well, functioning in anonymity as effective agents of terror. Police-blotter rapists in a very real sense perform a myrmidon function for all men in our society. Cloaked in myths that obscure their identity, they, too, function as anonymous agents of terror. Although they are the ones who do the dirty work, the actual attentat, to other men, their superiors in class and station, the lasting benefits of their simple-minded evil have always accrued.

A world without rapists would be a world in which women moved freely without fear of men. That some men rape provides a sufficient threat to keep all women in a constant state of intimidation, forever conscious of the knowledge that the biological tool must be held in awe for it may turn into a weapon with sudden swiftness borne of harmful intent. Myrmidons to the cause of male dominance, police-blotter rapists have performed their duty well, so well in fact that the true meaning of their act has largely gone unnoticed. Rather than society’s aberrants or spoilers of purity, men who commit rape have served in effect as front-line masculine shock troops, terrorist guerrillas in the longest sustained battle the world has ever known.

—Susan Brownmiller, Against Our Will: Men, Women and Rape, pp. 208–209.

One extremely common, rather coarse way of misunderstanding Brownmiller (or, mutatis mutandis, other radical feminists, when they say things like this) is to treat this kind of analysis as if it were some kind of conspiracy theory about rape — as if Brownmiller were claiming that, say, every first Monday of the month, all the men got together in a big meeting at the Patriarchy’s underground headquarters and decided to have some men commit stranger rape as a way to keep women down. Or, to be more charitable to uncharitable critics, as if Brownmiller were claiming that police-blotter rapists and other men who do not commit rape are consciously collaborating with one another, in some kind of social plan, promulgated from the top down, to intimidate women and bring about and sustain male supremacy.

The truth is that there are historical cases where groups or movements of men have consciously collaborated with one another to keep women down. (What else, for example, would you call the gynocide in Basra, or the psychiatric analysis and treatment of hysteria in Europe and America, or the Taliban, or 19th century American family laws, under which white husbands posted advertisements about fugitive wives — almost as frequently as they posted advertisements about fugitive slaves — and used the law and bounty-hunters to forcibly recapture wives who chose to leave home?) So that happens, but Brownmiller’s analysis of stranger rape doesn’t claim that that’s what’s happening when rapists reinforce the system of male supremacy. What she claims is that the pervasive fact of rape, and the threat that its pervasiveness inflicts on all women, produces a spontaneous (undesigned) order, so that the actions of rapists serve the role of promoting, sustaining, and reinforcing male supremacy.

It’s not controversial, or it shouldn’t be by now, that the threat of rape imposes constraints on women’s behavior: Don’t go out at night alone. Don’t make yourself noticeable on the subway. Don’t dress like that. Don’t act overtly sexual. Don’t go to that party. Don’t drink at that party. Or, if you do, then you better like whatever happens to you and you better not complain, because baby, you were asking for it.

And also: you better find the Right Man and enlist him to protect you from other men. (By walking you home at night. By slipping into a situation to block off the Wrong Men who are hassling you. By becoming your boyfriend or fiance or husband and looking out for you.)

The natural consequence of these restrictions is that women in our society are systematically constrained in their action by the fear of men. Women are not free because they must figure out how to live with the fact of widespread, intense, random violence against women. That fact has profound ripple effects on where women feel they can safely go. When they feel they can safely go there. What women feel they can safely do or say—especially what they can safely do or say in the presence of men. How they dress, how they take up space, how they react to social interactions that are wanted or unwanted. Some of this is conscious adjustment to fears and explicit warnings; a lot of it is the sort of small-scale, subconscious acts of vigilance and self-protection that we all carry out, as a daily routine, or as an expression of felt anxiety.

Another natural consequence is that men who don’t commit stranger rape, and who are genuinely concerned for the safety of women who are their daughters, their sisters, their friends, their lovers, or what have you, are in a material and emotional position where it is very tempting to see themselves as needing to protect the women they care about from the threat of male violence. The desire to protect an innocent person from violence is, in and of itself, a good thing, not a bad thing. But the danger here is that it’s an unethical and corrupting, but a very tempting and easy, psychological step for these men to come to see themselves as the sole protector, as a woman’s only safe option. To see women as uniquely frail and in need of protection by nature (rather than uniquely threatened due to the choices of other men). And to try to make sure that women seek and depend on and stay within the scope of a man’s protection, whether or not they really want it, by use of those intimidating and restrictive warnings, by harassing women (seen as foolish or bad) who step outside of the stiflingly close boundaries of those safety tips, in order to try to intimidate them into staying in the boundaries, and ultimately by blaming the woman, rather than her attacker, and writing off her suffering as nonexistent or unimportant, if some other man should choose to rape her after she has ignored those safety tips.

And many women will naturally look to men who act like that — that is, as Protectors — because they are realistically afraid of other men’s sexual aggression, and afraid of stranger rape, and they may like this particular guy, for other reasons, anyway, and so it is worth seeking out his help.

All of this can happen quite naturally when a large enough minority of men choose to commit widespread, intense, random acts of violence against a large enough number of women. And it can happen quite naturally without the raping men, or the protecting men, or the women in the society ever intending for any particular large-scale social outcome to come about. But what will come about, quite naturally, is that women’s social being — how women appear and act, as women, in public — will be systematically and profoundly circumscribed by a diffuse, decentralized threat of violence. And, as a natural but unintended consequence of many small, self-interested actions, some vicious and violent (as in the case of men who rape women), some worthwhile in their origins but easily and quickly corrupted (as in the case of men who try to protect women from rape), and some entirely rational responses to an irrational and dangerous situation (as in the case of women who limit their action and seek protection from men), the existence and activities of the police-blotter rapist serve to constrain women’s behavior and to intimidate women into becoming dependent on some men — and thus dependent on keeping those men pleased and serving those men’s priorities — for physical protection from other men. That kind of dependence can just as easily become frustrating and confining for the woman, and that kind of power can just as easily become corrupting and exploitative for the man, as any other form of dependence and power. (Libertarians and anarchists who easily see this dynamic when it comes to government police and military protection of a disarmed populace, shouldn’t have any trouble seeing it, if they are willing to see it, when it comes to male protection of women.)

Thus stranger rapists become the Myrmidons — the anonymous shock troops — of male supremacy, and the fact that nobody involved intends quite that, exactly, is quite irrelevant, because they serve their function in an violent undesigned order well enough whether anyone intended that or not.

I’ve been talking about stranger rape all this time because that’s what Brownmiller’s theory is about, and Brownmiller’s theory is a good case study in the point I’m trying to make. But similar remarks, with different but importantly related consequences, could be made for forms of violence against women which feminist activists and researchers have, over the past 30 years, demonstrated to be even more prevalent and even harder to escape than the threat of stranger rape — date rape, rape in marriage, battery, and so on. Because these forms of violence are committed by different men, in different circumstances, from stranger rape, and because they are widely experienced by women (about 1 in 4 women in the United States will be sexually or physically assaulted by an intimate partner), but far less widely and insistently discussed as an everyday threat to women’s safety than stranger rape is, there was comparatively little public knowledge about them at the time Brownmiller first published her book, and what we now know is that they have different functions in a violent undesigned order that exploits women, hurts women, and circumscribes their behavior to a limited sphere under the control and for the benefit of men. But those roles are more easily seen, and more fruitfully discussed, when they are seen as other expressions of a similar underlying phenomenon. Because of the central role that the pervasive danger of violence against women plays in sustaining it, and the way in which that pervasive, diffuse threat of violence constrains the liberty of women in everyday life to move and act and live as they want, libertarians and anarchists must recognize patriarchy as a system of violent political oppression older, no less invasive, and no less powerful, than the violence of the police state or the warfare state. But unlike the kinds of State violence to which male anarchists and libertarians are accustomed to discuss — violent restrictions of freedom handed down according to explicit State policies, ratified through political processes, promulgated from the top down and consciously carried out by officially appointed or deputized agents of the State — patriarchy expresses itself in attitudes, behaviors, and coercive restrictions that are largely produced by bottom-up, decentralized forms of violence, committed by many different men, who wouldn’t know each other from Adam, freelance terrorists who commit violence of their own accord, out of a desire to control but without any grand unified social plan, without conscious collaboration or conspiracy, sometimes in conflict with the explicit provisions of the law (though rarely investigated and ineffectively prosecuted in the male-dominated legal system). This is part of what I take Catharine MacKinnon to mean when she writes that:

Unlike the ways in which men systematically enslave, violate, dehumanize, and exterminate other men, expressing political inequalities among men, men’s forms of dominance over women have been accomplished socially as well as economically, prior to the operation of the law, without express state acts, often in intimate contexts, as everyday life. (1989, p. 161)

It’s important to recognize that the coercive social order that arises from this kind of diffuse gender violence, both as a direct consequence and as social, psychological, or economic ripple effects from the direct consequences — is no less real, no less effective, no less important, and no less evil, for being undesigned, for battering women into the social position they currently occupy as if by an invisible fist.

Far too many libertarian men still write as if the misogynistic oppression of women and spontaneous order were two radically different, and incompatible, explanations for differences in the socioeconomic status of men and women; as if anyone who sees anything systematically wrong here, something that merits exposure and resistance through conscious activism, must therefore be simply ignorant, or in denial, about the ways in which social outcomes can emerge, undesigned, from spontaneous order processes. But this is only the result of failing to pay attention to, or failing to charitably understand, what your interlocutors are saying. Libertarians have no reason to believe that all voluntary orders, much less all undesigned orders (which aren’t even guaranteed to be non-coercive), will be benign. And radical feminists, far from being socioeconomic creationists, are actually well practiced in using the concept of a spontaneous order — indeed, make significant use of it themselves in their own analysis of the differences between men and women’s socioeconomic status.

They happen to be right about that, and those of us who believe that freedom is for all human beings, and who work for an end to all forms of systematic political violence, have to fight, at the very least, a two-front war: against the violence of the State, and against the violence of patriarchy. But in order to fight back effectively we will have to see it for what it is, and to take it on on its own ground. It may very well be the case that the best methods for resisting the planned order of State coercion are not the same as the best methods for resisting the unplanned order of Patriarchal coercion. At the very least, a clear understanding of the dynamics of patriarchy — of the way in which an account like Susan Brownmiller’s is best understood, and the way it fits in with our understanding of spontaneous order — will be necessary to get a firm grip on what needs to be exposed and resisted.

See also:

• Charles Johnson and Roderick Long (2005): Libertarian Feminism: Can This Marriage Be Saved?
• GT 2004-03-03: She Said, She Said: the misinterpretation of Susan Brownmiller on anatomy and rape