Further to last month’s argument about the wisdom of legalising pot, here’s a competition to design packaging for when it happens:  Build a Better Baggie.
 
 Via the Daily Dish, perennial advocate of state-led legalisation in the US.
 I recall an urban myth I once heard, which was that Marlborough Cigarettes have the trademark “Marleys” pre-registered for the eventual legalisation of pot.  If I ever need to fill an unforgiving minute, I may create a quick mock-up of what such a pack would look like.
 Previously: Arguments on Fair Trade Weed; The Alcoholic Elephant in the Smoking Room; and on Liberalisation and Legalisation.
Me, Quoted
I have been quoted in a couple of articles recently, both relating to free speech issues in the UK.
 First, I was interviewed by The Booksller magazine, about the government’s proposed law on Criminal Memoirs:
Robert Sharp, campaign manager for English PEN, said publishers still had time to intervene, as the law would not be voted on until after the summer recess. “We have time to play for,” he said. “We would advise that people concerned about this should lobby the Secretary of State for Justice, Jack Straw, or Maria Eagle MP, to revist the bill, to run wider consultation, and come up with more clearly defined, narrower proposals.”
…
He also warned of “mission creep” arising. “You [could] have a law supposedly about mad gangsters boasting about how they stabbed someone, suddenly being used against someone writing about their harrowing journey through the criminal justice system.”
PEN will be refining these arguments for a campaign in the autumn.
 I was also interviewed on the subject of UK libel laws by De Nieuwe Reporter, a Dutch magazine.  Here’s the money quote (literally):
‘Zelfs als ze zeker weten dat ze geen fouten hebben gemaakt, dan nog worden kranten en uitgeverijen gecensureerd door hun verzekeringsmaatschappijen omdat de financiële risico’s te groot zijn’, zegt Robert Sharp. ‘Het stelt rijke mensen in staat om een spelletje ‘High Stakes Poker’ te spelen, waarbij degene met het meeste geld uiteindelijk altijd wint.’
The article is in Dutch, but Google gives an English approximation.
Liberalism and Legalisation
Last weekend, I had an interesting and surprising discussion with some medical students, on the legalisation of cannabis.
 Since they were students, I sort of assumed that they would be in favour of legalisation; and that the hypocrisy in the differing laws on alcohol and cannabis would be self-evident. Not so!  Instead, they were almost unanimously in favour of prohibition.
 Their objections to legalisation were based on their clinical experience of patients with cannabis-induced psychosis. De-criminalising cannabis would endorse and encourage cannabis use, increasing such mental illness. When I responded with a standard liberal argument on personal responsibility, they made the point that most people were not responsible. Amusingly, they pointed to the vast array of empty bottles on the table, explaining that even they were knowingly binge drinking, despite being probably the most educated group of people in the perils of substance abuse.  What hope for everyone else?
 All I could do was remind them that all of the psychotic episodes they will have witnessed would have been as a result of illegal cannabis use. They would not have seen comparative data for legalised, regulated inhalation. Could it be that perhaps regulated drugs were safer?
 The debate was a timely reminder that political discourse amongst the general population is very different to the extremely liberal bubble in which I work. Out there in the real world, people are much less libertarian, more authoritarian, and for good honest reasons too. Amongst that group of med-school friends, the perception persists that criminalising something is the natural and appropriate response when confronted with something bad.  The liberal case is often woolly, idealistic and missing crucial pieces.
 So, what I should have asserted:   Prohibition is only appropriate for those activities that harm others, and not for self-harming acts.  We could then have had a discussion about whether smoking and drinking harms others or not, where a much more fruitful and divergent discussion is to be had (in this respect, I guess this post serves to shut the barn door, two days after the horse bolted).
 What is so often missing from the liberal argument, is the acceptance, even the embracing, of the bad things that happen in an extremely liberal society.  I have twice before made that point here, when discussing ID cards and other civil liberties.  At the Convention on Modern Liberty, Dominic Grieve spoke of the “mythological state of absolute security.”  Perhaps we need to speak of a mythological state of absolute health too, and admit that the consequence of decriminalisation will be an uptick in cannabis use, and an associated increase in the risk of health issues… but that we should do it anyway.  The benefits to society would be greater, and we can work out regulatory ways to reduce that risk.
 
 Photo by Ace. No drugs were used in the production of this picture.
Police, Camera, Action
David at Minority Report offers some words of warning, regarding the slow trickle of citizen generated footage of alleged brutality at the G20 protests earlier this month:
Reconstructing events by using any number of restricted viewpoints is no replacement for vital missing facts. If I present you with a black box that contains a photo I made of a scene, I’ll happily let you make as many pin holes as you like – you will still struggle to make out whats going on. Especially if I choose the image.
Different circumstances, but I felt this way after Saddam Hussein was executed.  There is a real danger in allowing snippets of grainy amateur footage to act as the definitive account of an event.  The result in this case has been yet another trial by media, only this time the police seem to be on the receiving end.  In reality, we have no way of knowing precisely what killed Ian Tomlinson, and the account of the Nicky Fisher assault makes me uneasy (although admittedly this feeling is entirely based on her sightly spaced-out media interviews).
 Was it inevitable that the police would lose this PR war?  Or is that some kind of optical illusion brought about by 20:20 hindsight?  My feeling is that these stories, which trickle out over a few days, played to our preconceptions, feeding into an easily understood narrative.  Clearly, the public have lost trust in the police.
 This is a desperately dangerous state of affairs, of course.  However, I think the vilification that the police now receive is a delayed punishment for earlier and more egregious clusterfucks.  Despite the fact that no-one in authority was punished for the Jean-Charles De Menezes killing, it is not unreasonable to draw a line between that incident, and the current debate.  Although neither Sir Ian Blair or Cressida Dick (or for that matter Tony Blair or his Home Secretary Charles Clarke) lost their jobs over the incident, the security services certainly lost credibility as a result.  They were ‘punished’ in the sense that they lost the public’s trust, a vital form of political capital.
 There should be a bittersweet satisfaction to this: we’ve learnt that institutions simply cannot maladministrate, or violate our civil liberties, with total impunity.  We’ve learnt how to ‘police the police’, and some thuggish elements will be brought to prosecution through evidence collected by citizen photographer.  However, its also true that the men and women currently tasked with policing our capital city were not the ones who ordered a policy of violence upon us.  Those people who made such decisions still walk free, and unaccountable.  This latest success for citizen journalism is a Pyrrhic victory.
 Continue reading “Police, Camera, Action”
Filming the Police, Filming Us

 At the CentreRight blog (via LibCon), Graeme Archer has posted some ideas for reform of the police in light of the appalling Ian Tomlinson incident.
 He begins
The police, particularly in London, appear to have forgotten that they police only with our consent. They are not the armed wing of the state. Some reforms are therefore long overdue
Of the suggestions he lists, I have mixed feelings about this pair:
- Just as the storage of DNA from wholly innocent citizens is an outrage, so is the routine video-ing of members of the public by police officers. This must stop.
- In contrast, members of the public must never be prevented from recording the activities of police officers.
I recall a point made by the former pedant Cleanthes, commenting on my Notes for Michael, who cited Robert Peel’s principles for policing:
An agent of the state???? That, Robert, in one succint phrase is the most daming indictment of the damage that has been done to the ethos of the Police over the last few decades.
Read Peel’s Principles here. Especially no.7:Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.
Libertarian Ian Parker-Joseph made a similar point in the comments to the CentreRight post.
 On the issue of filming, it seems to me we can’t have it both ways. If the police are indeed simply citizens in uniform, then they surely have the same rights to film people in public, as the rest of the citizenry? If we are allowed to film them, surely they should be allowed to film us, no? Placing a different set of restrictions on the police on this issue would violate Peel’s principle.
 And before anyone brings up CCTV, Cleanthes and I have already discussed the difference between automated and eyeball policing at The Select Society.
 
