Criminalized Speech and the First Amendment

A few weeks ago a Lexington doctor named Cameron Schaeffer had an Op/Ed in the Lexington Herald Leader suggesting that the recent hubbub over Donald Sterling’s racists comments indicated that this nation may, in the near future, criminalize free speech. It was a bunch of right wing nonsense that was completely devoid of historical fact. He seemed to suggest that, once upon a time, we have absolutely free speech in this nation, but somehow that has changed. Here’s a link to his essay: Is the Sterling Ordeal a Step Towards Criminalizing Speech. [Note the Lexington Herald Leader often removes links.]

The essay was absurd, and I felt like somebody had to point out his blatant historical errors. And that somebody was me. Here’s my response: US History Full of Censorship.

I am always shocked that people who are supposedly educated can be so uninformed.

Rand Paul and Groucho Marx

Senator Rand Paul (R-KY) was recently selected as on of Time Magazine’s 100 most Influential People. There was a brief blurb written about him by fellow Kentucky Senator Mitch McConnell. Paul also came up on a page with various “tools” used by a few of the Time 100, which included Rand Paul’s scalpel. Before becoming a U.S. Senator, Paul was an ophthalmologist and frequently performed eye surgeries, including removing cataracts, and he noted the satisfaction in restoring a patient’s sight. But he also noted that being a doctor taught him the value of evaluating problems and symptoms objectively, and said that he tried to be as objective in his approach to politics. He even quoted Groucho Marx.

“In medicine we try to diagnose a problem and then look for a solution. There’s a Groucho Marx comment that politics is sometimes the opposite–politicians misdiagnose problems and apply the wrong solutions. But being an eye surgeon reminds me to take a more analytical approach.”

More analytical? Like blindly following disproven theories?

I laughed, but not because of the Marx quote. Rand Paul is an adherent of what is known as the Austrian School of economics. The Austrian School is an extreme form of free market fundamentalism that believes that economic markets should be nearly totally unregulated. It is called the Austrian School because the early developers were Austrian economists, including two named Fredrick Hayek and Ludwig von Mises. Many conservative politicians are enamored by the Austrian School, but curiously enough very few real economists, even deeply conservative economists, follow the Austrian School. This is probably because it has never worked in the real world, and most real economists know this. If you look at the world you can see that there are nations with highly unregulated economies. Those nations are often grouped as Third World nations. There is obviously too much regulation or government control, as every former communist country realized and as many European countries also realized before scaling back. But those countries that let the wealthy avoid taxes and let businesses avoid economic, environmental, and work place safety regulations, are not thriving. So the Austrian School of economics is pure theory.

Rand Paul’s views on foreign policy are what some have called neo-isolationist. His father (Congressman Ron Paul, R-TX) was a total isolationist, but Rand is much more nuanced. But his foreign policy views trouble most main-stream politicians, including many Republican and Conservative politicians. They rightfully note that this nation tried to disengage from international affairs after the First World War, with disastrous results. So Paul’s foreign policy views are based not on a rational analysis of the real world, and its myriad problems, but on a petty and truculent disdain for the rest of the world. It is a view based on a fantasy world, and not a rational analysis of the real world.

Paul’s views of history are also based more on a fantasy version of history than real history. Not long ago Senator Paul went to Howard University and lectured the students on why they should be Republicans. The main reason was that Lincoln (the first Republican President) freed the slaves and that many of the early advocates of the Civil Rights movement were Republicans, particularly from the northeast. He also noted that it was largely Democrats who opposed abolition, back in the middle of the 19th Century, and Southern Democrats who opposed the Civil Rights movement in the middle of the 20th Century. All of this is absolutely true, but Paul seemed to have forgotten Richard Nixon’s “Southern Strategy,” which was designed to turn southern Democrats into Republicans based on racial resentment. Paul didn’t know this but his audience at Howard, one of the jewels in the crown of historically black colleges, knew modern history very well. They knew very well that Republicans used to be for civil rights, but the modern Republican Party, since Nixon, has been home to racists, and has aggressively pushed to end programs that help minorities including blacks participate in society, including attempts to scale back the Voting Rights Act of 1965, and to restrict black voting. So Paul’s views on history are also not based on a rational analysis of fact, but on a rigid adherence to theory.

It was interesting that he quoted Groucho Marx, because his statement was comical.

The Simple Science of Climate Change

The critics of the science of global climate change act as if climatology and the science if global climate change are somehow complicated, obscure, or esoteric. They also act as if it is a new-fangled theory, dreamed up by modern day Luddites. Both are simply not true.

The science of climate change is very basic, very simple. Most people have personal experience with the underlying science behind “global warming.” Most of us have done a simple science experiment, probably in High School, where we added salt into water and noted that it changes the freezing point. The basic idea is that an impurity in a solution changes the physical properties of the solution. Adding salt to water changes the freezing point.

Air is a gaseous solution of nitrogen, oxygen, argon and some trace elements. There is also gaseous – or vaporous – water in the air. Changes in these elements, or in other impurities in the air, change the physical properties of the air, particularly its ability to retain heat.

Believe it or not, must people have first-hand experience with this phenomena. Humidity, which is the measure of water vapor in air, changes the ability of air to retain heat. Most everyone knows this. The humidity in the air is why it typically stays warm at night in the summer. If, for example, it gets up to 86 degrees on a humid summer day, it might only cool off to the low 70’s at night. But if it gets up to the same 86 degrees on an early fall day, a day with low humidity, it may cool off into the 50’s at night. Anyone who has spent time in the desert has also experienced this effect. It may get into the 90’s or 100’s during the day, but it often cools down into the 40’s and 50’s at night. Places in the tropics, where the humidity is high, may also reach the upper 90’s during the day, but only cool into the low 80’s at night. The reason is that the water vapor in the air helps the air retain heat, or in the case of the desert, the lack of moisture in the air allows the air to cool quickly once the sun is down.

This is part of what is known as the greenhouse effect. The idea was first developed by the French scientist Joseph Fourier in the 1820’s. A British scientist named John Tyndall did studies in the 1850’s that helped explain why water vapor in the atmosphere held heat. He also said that other impurities in the air, including carbon, could help the atmosphere retain heat. Finally a Swedish named Svante Arrhenius put it all together in what is now known as the “Greenhouse effect”. There are two components. One component is that the impurities in the air alter the heat retention properties of the air, and the other component is that the impurities in the air alter the ability of the atmosphere to block infrared radiation emanating from the planet. So humidity allows the air to retain heat. Arrhenius did his work in the later early 1900’s.

Arrhenius also noted that increases in carbon dioxide in the atmosphere would cause the atmosphere to retain heat. Arrhenius actually thought that heating the atmosphere would be a good thing, and would help prevent a new ice age which might destabilize humanity. In a book called “Worlds in the Making” published in English in 1908 he said that if “the quantity of carbonic acid [CO2] in the air should sink to one-half its present percentage, the temperature would fall by about 4°; a diminution to one-quarter would reduce the temperature by 8°. On the other hand, any doubling of the percentage of carbon dioxide in the air would raise the temperature of the earth’s surface by 4°; and if the carbon dioxide were increased fourfold, the temperature would rise by 8°.” (p53) [See, e.g. the American Institute of Physics, which has an excellent history of the science behind Global Climate Change at: http://www.aip.org/history/climate/index.htm]

His numbers were off for a number of reasons, including the ability of the oceans to absorb carbon dioxide, but his description of the basic science of global warming, or climate change, was dead on. Raising the amount of carbon dioxide (and other carbon based impurities) in the atmosphere alters the ability of the atmosphere to retain heat and causes the atmosphere, and the planet as a whole, to heat up.

This has been the dominant model of climatology ever since (with a brief foray into global cooling, as discussed below). So we have known for well over 100 years that adding carbon to the atmosphere would warm the planet. The terminology changed recently because it was clear that the impact was not simply warming. The additional heat in the atmosphere manifests itself in disruption of normal weather patterns, and can result, as it did the past winter, in unusually cold temperatures in some regions. So now we use the more accurate terminology of “climate change” but the scientific principles remain the same. They are simple, and well established scientific principles, and they are principles that have been around for over 100 years.

A Note On “Global Cooling”

Conservatives like to point out that in the 1970’s there was supposedly a great deal of concern about “global cooling” and the possibility of a new ice age. They like to refer to this to imply that scientists are a bunch of idiots and frequently get things wrong. The implication is that if they were so off base in the 1960’s regarding the possibility of “global cooling,” they’re most likely off-base now with claims of global warming. It’s a nice argument but is completely untrue.

Here’s the basic story of “global cooling.” My details are taken largely from a paper published by the American Meteorological Society called The Myth of the 1970’s Global Cooling Scientific Consensus, which is available at: http://journals.ametsoc.org/doi/pdf/10.1175/2008BAMS2370.1]

As noted previously, scientists have understood since the 1890’s that adding carbon based gases, particularly carbon dioxide or CO2, to the atmosphere would lead to increased atmospheric temperatures.

But in the 1950’s and 1960’s the amount of smog and visible pollutants (known as aerosols) were becoming a major concern. Some scientists suggested that the amount of pollution could block solar ration and potentially lead to the cooling of the planet. Just as a day is cooler when it is cloudy than when it is sunny because the clouds block the solar radiation, perhaps smog would have the same effect.

In the late 1960’s a few scientists published articles in peer reviewed journals and gave talks at climatology meetings presenting these ideas. But this was, based on an analysis in the AMS paper, a distinctly minority view.

Unfortunately the story was picked up by the “main stream media” and Newsweek published a story in 1975 called “The Cooling World.” The New York Times also published two articles discussing the possibility of global cooling. The Times, unlike Newsweek, did note that this was far from a consensus view on the impact of pollution on the environment. In fact, as noted above, it was the decidedly minority view. There is a chart on page 9 of the paper (Fig 1, pg. 1333 of the original Journal article) that shows the number of papers on global warming versus papers on the possibility of cooling in the peer reviewed journals. There was one article discussing the possibilities of global cooling in 1967, two in 1971, and one in ’74. ‘76, and ’77. In contrast, there was 1 warming article in ’65, ’67, ‘69 and 1971. There were two in 1970, 4 in ’71, 3 in ’74, 7 in both ’75 and ’77, 4 in ’76, 8 in ’78 and 5 in 1979. All total for the period, there were 7 cooling articles, 44 warming articles, and 20 that discussed issues of climate change but were neutral as to whether the overall climate may warm or cool.

Climatologist debated the issue, analyzed the data, and found it lacking. The “debate” over “global cooling” in the late 1960’s and early 1970’s took place in scientific journals, and shows how science works. An idea is proposed, and then it is analyzed and written about in journals. If facts support the idea it becomes consensus science. If facts don’t support it, it gets dropped. This is precisely what happened with the scientific discussion of global “cooling.”

Global cooling was proposed in the mid-1960’s as a plausible idea, but climatologists and other scientists analyst the information and determined that it was incorrect. The idea was dropped by climate scientists. Unfortunately the fact that the debate, or actually only part of the debate, became public, gave the general public the sense that there was disagreement or discord in the science. Nothing could be further from the truth. The “debate” over the possibility of global cooling shows that science works.