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FISCRI.TXT
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1994-01-05
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Is Bobby Fischer A Criminal?
By GM Larry Evans and Larry Parr
The indictment of Bobby Fischer by a Federal grand jury last December 15
raises the issue of whether he committed a crime by playing chess for money
in Yugoslavia.
Did pushing his king's pawn two squares against Boris Spassky, who was not
indicted by France, transform Fischer into any more of a "criminal" than
millions of Americans who sipped aperitifs on the sly during Prohibition?
Should he now be facing a criminal prosecution involving stiff fines and up
to ten years in jail for violating an executive order signed by president
Bush?
An executive order? Not a law passed by Congress? That's right.
With the massive growth of the federal government, the distinction between
illegal and criminal behavior has become badly blurred. The American
Leviathan state now has provisions for locking up people who don't obey the
stroke of a president's pen and, perhaps even worse, who injure the egos of
Washington bigwigs by spitting on their orders. Why make Bobby the
scapegoat for their own impotence in halting the atrocities in Bosnia and
Croatia?
If Rembrandt were alive today, would he become a criminal by visiting
Yugoslavia to paint a portrait of match organizer Jezdimir Vasilyevic for
money? Using the logic of the mammoth modern state in which unpopular or
even illegal behavior is equated with criminal conduct, then Rembrandt
might be tossed in the slammer for ten years. Using the logic of both
common and natural law, he would remain free to sell his services to the
highest bidder.
To be sure, Rembrandt practiced the high art of painting. But chess is also
an art, albeit a lesser one, and playing a game has been compared to trying
to paint the Mona Lisa while an opponent grabs at your brush. Fischer or
anyone else ought to be able to play for money anywhere he pleases. In this
country, it's still called freedom of expression.
In 1964 grandmaster Evans enraged the right wing by defying a State
Department ban on Cuba and competing in the Capablanca Memorial Tournament.
In 1981 GM Evans enraged the left wing by lecturing on chess in South
Africa. There will always be people out there who would allow the
government to stifle our basic right to travel anywhere in peacetime.
The Bricker Amendment
In the 1950s conservative senator John Bricker (R.-Ohio) introduced an
amendment to make our Constitution the supreme law of the land in all
instances. The amendment fell one vote shy of the required two-thirds
majority, defeated by a coalition of moderate Republicans and liberal
Democrats.
You ask: Isn't the Constitution now the supreme law of the land?
No.
The Supreme Court ruled that U.S. obligations under international treaties
take precedence over rights guaranteed to citizens in the Bill of Rights.
The UN Treaty Against Genocide is a case in point. If ratified by our
Senate without pertinent reservations, the treaty provides penalties for
causing "mental harm" to any member of a minority group. A black rapper,
for example, who sings about rough sex with Jewish Princesses, would face
penalties if one of those princesses could convince a court that the song
caused her emotional distress. Or someone who administers IQ tests
reflecting differences in racial performance could be liable to penalties
if the test results caused anyone distress.
So, then, Bobby Fischer won 10 games, lost 5, drew 15, and got paid a
little over $100,000 for each game. Now we are told that he is a criminal
even though his actions produced no direct victims. He killed no one and
injured no identifiable individual; he just played chess. Except in the
most compelling circumstances, the authors do not believe in punishing
people for victimless crimes.
City on a Hill
America was once distinguished from Europe and the rest of the world by its
economic opportunity, minimum state, and wide-ranging freedoms. If economic
opportunity has withered and the minimum state has become a maximum state,
the Bill of Rights is still basically healthy. But if we all ignore the
difference between illegal and criminal behavior, and if we all accept the
idea that people can go to jail because of an Executive Order, then America
will cease being a Shining City on a Hill to the "huddled masses" of the
world.
Where and how to play chess should be left to the individual conscience.
Our conscience would not permit us to play chess in the Yugoslavia of
ethnic cleansers; Bobby's conscience, assuming that he has one, permits him
to take money from evil men who do evil things.
Fischer may not be someone whose hand you would shake. But he is no
criminal.