Black Crawling Systems Archive Release 1.0/Black Crawling Systems Archive Release 1.0 (L0pht Heavy Industries, Inc.)(1997).ISO/tezcat/Education/Camel.txt

Text File | 1996-07-08 | 10KB | 210 lines

From the Radio Free Michigan archives

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[This article was written for "The Independent Family" a San Francisco
Peninsula based home schooling newsletter]

                      DUELING CAMEL'S NOSES

     "This message is for Roger Barker. [I'm a public servant
with a government bureaucracy]. We have seen a bunch of fliers
that has bunch of advertising, that has been stuck on different
car windshields which have your name and number on it. And this
is against all policies. And if we see someone doing this we will
have to take some immediate action. So, if you know anything
about this please cease and desist immediately. If you have any
questions regarding this, please give me a call at [555-1111].
Once again, [I am a public servant], and we need to stop this
activity immediately. Thank you."

     This message was on my answering machine after I returned
from an afternoon of marketing my business. Prospects for my
business could be found in a particular public parking garage. I
placed business card sized announcements in the driver's side
window of automobiles.

     This is a case of "dueling camel's noses." You have a camel
and you let it put its nose under your tent to keep warm. Soon
the camel takes advantage of the situation and lets itself in,
upsetting the tent. This is similar to giving an inch and being
taken for a mile. I have a right to speech and press and
presumably, the right to distribute what I publish. The public
has a right to a litter free environment and their freedom to go
about their business must be respected. If I was allowed to
distribute my flyers, how soon would it be before I might be
thrusting large flyers in people's faces with evangelical zeal?

     I distributed my announcements for about an hour before a
"public servant" suggested that I go to the police to explain
what I was doing. The police have a legitimate interest in
knowing who is wandering around a parking garage, looking in all
the cars. While I don't think of this as an illegal activity, it
is suspicious.

     The police said that I would need a permit to do what I was
doing. Why do I need a permit? Black's Law Dictionary, 6th
Edition, tells me that a permit is "A written license or warrant,
issued by a person in authority, empowering the grantee to do
some act not forbidden by law, but not allowable without such
authority." Distributing business promotional flyers in a public
parking garage seems to fall in this category. A warrant directs
the doing of an act, such as a search warrant or an arrest
warrant. If I am to get a permit, I am not getting a warrant_I'm
getting a license. Let's look at the word license: "The
permission by competent authority to do an act which without such
permission would be illegal, a trespass, a tort or otherwise not
allowable. ... Also, the written evidence of such permission."

     An administrator of the public parking garage probably does
have the authority to issue a permit to allow me to distribute my
leaflets. Question: Do I have legal protections to distribute my
materials? Which takes precedent, my right to publish and
distribute, or the administrator's rights and responsibilities
over the garage? I am proposing to be in the garage doing
something other than merely parking my car. Do I have the right
to distribute my announcements or would this be considered to be
trespassing? This is a good question, and I don't know what the
answer is. The answer for my business card sized announcement may
be that I am free to do it. The answer to "preventing the garage
patrons from leaving the garage until they've heard my spiel" is
probably no.

     Did you notice that license is a stronger word than permit?
The activity under the permit is not necessarily illegal. The
activity under the license seems to be. What does this suggest
about Business licenses, marriage licenses, driver's licenses? Is
it a flying permit or license? A boating license or permit? A
fishing license or permit? What sort of permission are you
looking for from the state in order to educate your children at
home? Shouldn't it be the state certified teacher that earns *your*
permission (license) to have the privilege of educating your
children?

     Take another look at the first paragraph of this article. I
felt quite threatened by this public servant. I imagined that
when he said: "we will have to take some immediate action" and
"we need to stop this activity immediately" he intended to
prevent me from continuing my peaceful activity by coercive
force. It bothers me that government agents seem to "shoot first,
ask questions later." Is initiating coercive force against
someone "illegal, a trespass, or a tort?" It's illegal isn't it?
This public servant has a license to act on behalf of "The People
of the State of California."

     I discovered another interesting word in Black's Law
Dictionary: Dulocracy "A government where servants and slaves
have so much license and privilege that they domineer." This
public servant was clearly domineering over me. He was doing it
on the basis of a license, a permission.

     In theory, the permission comes from "We, the People." We
empower the executive, legislative, and judicial branches of
government. The power to act is delegated from the top to the
bottom. The public servant is presumed to be exercising the will
of the people.

     Several other words are important here:
     Democracy "That form of government in which the sovereign
power resides in and is exercised by the whole body of free
citizens." Modern governments are representative democracies (too
many people to all be involved in their own governing). While the
electorate in most democracies is a minority of the whole
population it is not distinguished from the non electorate by
arbitrary or hereditary differences.

     Republic "That form of government in which the
administration of affairs is open to all the citizens." And
Republican Government "A government of the people; a government
by representatives chosen by the people."

     Freedom The state of being free; liberty; self-
determination; absence of restraint; the opposite of slavery. The
power of acting, in the character of a moral personality,
according to the dictates of the will, without other check,
hindrance, or prohibition than such as may be imposed by just and
necessary laws and the duties of social life."

     Liberty "Freedom from all restraints except such as are
justly imposed by law. Freedom from restraint under conditions
essential to the equal enjoyment of this same right by others;
freedom regulated by law."

     One of the purposes of the Constitution for the United
States is to "secure the Blessings of Liberty to ourselves and
our Posterity." This is a key concept. The definitions of
democracy and republic do not mention anything about a government
of a limited power and scope. Liberty is the only word that
includes the concept of responsibility; of recognizing and
respecting the same rights of others. It's liberty that's worth
fighting for, not democracy. Patrick Henry knew what he was
talking about!

     In practice, the servants make up policies, rules and
regulations. The servants sit in judgment of our behavior and the
behavior of other servants. Only the ballot box, the jury box,
and the opinion poll are where, "We the People" have a voice in
our governing. I heard some information that suggests our votes
are not counted accurately. If this is true, we wouldn't be
living in a republic, would we? The judicial servants withhold
jury nullification information from juries. This, too limits our
ability to hold our servants accountable for their actions.

     The sovereign power no longer resides in the whole body of
free citizens. It is exercised by our public servants. We must
get permission from our public servants in order to work, to
travel, to build on our property, to marry, to transact
business_to perform basic necessities of life! Thus the United
States is NOT a republic nor a democracy, but a dulocracy.

     End of Article

     I got all of the defiinitions from Black's Law Dictionary,
6th edition. Comparing definitions with the 4th edition, the
distinctions between freedom and liberty, license and permit are
blurred. The language used in the latest edition seems easier.
The size type is all the same in the newest version. Marriage
license is its own entry in the 6th edition, rather than a sub-
entry of Marriage as it is in the 4th.

     Post Script: I called the "public servant." We had a pretty
good conversation. I began by saying that it sounded like he had
a very thick book he wanted to throw at me. He "lightened up,"
admitted that he had a home based business of his own. He
suggested that I talk to two other people about promoting my
business and said that if I had any problems or questions, I was
welcome to call him back.

Looking at old dictionaries can be very enlightening. How has "common
law" changed? Dollar? Duty? Obligation? Tax? I remember Tupper Saussy
distinguishing National Government from Federal Government. What did you
find out? Anything interesting?

[e-mail]                      The PC Tutor, TroubleShooter
Boot up your Brain!                         Think Like a Computer Expert
BTW, have you noticed that government is becoming obsolete?  <BG>

 * RM 1.3 02732 * _ _ _ _ _ _ ////|||||||||||||| < domino effect in action!


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