Nut Picking

I love meta commentary–that's why it's so much fun to read George Will and Charles Krauthammer–that's what they do: they make (usally wrong) observations on the logic of argument.  Well, at least someone is doing it.  For this reason I was glad to run across a phrase close to our heart here, "nut picking."  It appears in a Dave Weigel column in the Washington Post concerning misconceptions about the "Tea Party Movement." 

The tea party is racist.

2. It's a phenomenon that some activists call "nutpicking" — send a cameraman into a protest and he'll focus on the craziest sign. Yes, there are racists in the tea party, and they make themselves known. But tea party activists, in most cases, root them out. Texas activist Dale Robertson, who held a sign comparing taxpayers to "niggars" at a 2009 rally, was drummed out of that event and pilloried by his peers. Mark Williams, formerly the bomb-throwing spokesman for the Tea Party Express (he once told me he wanted to send the liberal watchdog group Media Matters "a case of champagne" for calling him racist), was booted after penning a parody essay that had the NAACP pining for slavery.

Liberal critics of the tea party make the case that conservative opposition to social spending is often racially motivated. That's not new, though, and it's certainly not the basis for the tea party.

"Nut picking" has its origin in a 2006 Kevin Drum post of the Washington Monthly as far as I can tell.  To be precise, it refers to the all-too-common practice of trolling the comments of internet fora–what you humans call "blogs"–for the crazies.  One then alleges that the crazy commentor represents a typical view of the opposition.  Therefore, etc., as the medievals would say.  Real logicians call this practice "weak manning" or more technically, "the selectional form of the straw man."  

Now to be precise again (sorry, it's my job), the claim that the tea party is racist might be justified (badly, let's say) in some instances by nut picking, but it is not the same as nut picking.  Nut picking may be one of the many mechanisms used to produce an unrepresentative sample, upon which one then makes an inductive generalization.   

Straight face

Maggie Gallagher, president of NOM, writes:

Despite the media hoopla, this is not the first case in which a federal judge has imagined and ruled that our Constitution requires same-sex marriage. A federal judge in Nebraska ruled for gay marriage in 2005 and was overturned by the U.S. Court of Appeals for the Eighth Circuit in 2006.

The Proposition 8 case on which the Ninth Circuit's Judge Vaughn Walker ruled Wednesday was pushed by two straight guys with a hunger for media attention, lawyers with huge egos who overrode the considered judgment of major figures in the gay legal establishment, thinkers who feared exactly what we anticipate: the Supreme Court will uphold Prop. 8 and the core civil rights of Californians and all Americans to vote for marriage as one man and one woman.

Judge Walker's ruling proves, however, that the American people were and are right to fear that too many powerful judges do not respect their views, or the proper limits of judicial authority. Did our Founding Fathers really create a right to gay marriage in the U.S. Constitution? It is hard for anyone reading the text or history of the 14th Amendment to make that claim with a straight face, no matter how many highly credentialed and brilliant so-called legal experts say otherwise.

Nevermind the ad homs (ego-driven straight guys!) and the beggings of the question (proper limits of judicial authority!), I don't understand the last sentence.  Allow me to reconstruct:

  1. Many highly credentialed experts, with the proper knowledge and experience, assert x.
  2. no one can seriously claim x.

Pardon my confusion, but it seems like just the right kind of people–qualified straight people with straight faces–have made the assertion, I think that means it has some initial plausibility. 

Now of course, the controversy might be how one interprets "x" in my reconstruction.  And this is where Ms. Gallagher hollow mans–I don't think anyone has made the claim she alleges ("created an [enumerated] right….").  So no one, with a straight face or otherwise, is arguing that the COTUS (anyone ever say that?  They should) utters the phrase "gay marriage."  Of course, as far as I know, it doesn't say "marriage" either. 

via Pandagon via Atrios.

Bear with me

My colleagues have challenged me to look deeper into the abyss.  I did.  This is what I found (courtesy of Sadly, No!):

In February of 2010, ABC News published an article regarding the 2009 enacted right to carry law in National Parks. Perhaps unsurprisingly, the article struck a tone straight out of a Brady campaign spot. A mosaic of Chicken Little ’sky is falling’ was painted in broad strokes and platitudes. All in response to a common sense measured signed into law by president Obama allowing citizens to carry a concealed firearm in the nation’s National Parks.

It’s a song and dance that we on the right have grown to be accustomed with concerning second amendment rights and the press. Virulent anti-gun groups and mainstream press outlets essentially spout the same talking points. We expect this, we accept this.

But with the recent grizzly bear attack near Yellowstone National Park that killed one and left two injured, one may wonder if the typical progressive, anti-gun canard still holds water?

I for one appreciate his patience.  But in any case, one has to wonder how the extremely rare (but nontheless terrifying) prospect of bear attacks on national forest property undermines the "typical" progressive case against gun rights.  One wonders this, in the first place, because the attack in question occured in a place (Gallatin National Forest) where you can carry unconcealed firearms.  From the National Forest FAQ:

Can I carry a firearm on the national forest? back to top

Possession of firearms. The possession and unconcealed carry of a firearm on the national forest is not restricted by federal law or Forest Service regulations with the exception of “prohibited possessors,” such as convicted felons (see 18 USC 922g (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC922) and ARS 13-3101 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS). State laws regarding the concealed carry of firearms and the carrying of weapons within or on a motor vehicle apply to all National Forest System lands.

Discharge of firearms. National Forest regulations prohibit the discharge of a firearm within 150 yards of a residence, building, campsite, developed recreation site, or any other occupied area; across a road or any body of water adjacent to a road; into or within a cave; or in any negligent manner that could endanger life or property (see 36 CFR 261.10d) (http://edocket.access.gpo.gov/cfr_2007/julqtr/pdf/36cfr261.10.pdf). The Tonto National Forest also has areas that are closed to recreational shooting year-round due to proximity to local communities (see Forest Closure Orders). During periods of high fire danger, additional restrictions on the use of firearms may be imposed. None of the temporary or year-round restrictions prohibit the use of a firearm in the lawful taking of game.

So a very rare bear attack on an unnarmed person (who could legally have been armed) somehow undermines the "typical" progressive anti-gun canard (not sure what that is).  Anyway.  It gets more entertaining:

Moments like this are teachable. Liberals love to go down the subjunctive mood route and justify positions within theoretical conditions. But those theoretical positions always fit the progressive mold and worldview. And as any student of history and logic knows there are always two sides to the hypothetical reasoning coin.

Therefore, I can add that if even one of the victims of Yellowstone/Soda Creek Campground grizzly attack had a concealed permit, and had been armed, the outcome early Wednesday morning may have been quite different.

And the anti-second amendment crowd will never admit that.

A teachable moment indeed, but I don't know what I am supposed to have learned.  Few could dispute that the second amendment (like the first, second, third, etc.) admits of some obvious restrictions as to nature and place (among other things).  Everyone knows what those are.  So it's not opposition to the 2nd amendment that's at issue.  It's opposition to the carrying of concealed firearms in certain situations.  But we've already established that this isn't one of them, so the hypothetical doesn't work in the first place.

Besides, how does having a concealed weapon help you in the bear attack scenario? 

Tool Quoque

The Non Sequitur is supposed to be a blog about political media, I know.  But I can't let this pass.  I was converting some old CD's to MP3 format this evening, and I set about to listening to an old Tool album, Aenima.  I'd forgotten how brooding they were and that the lyrics were intermittently profound and stupid.  And then I came to "Hooker with a Penis."  Here are the lyrics, if you need to read along, but here is the core of the song: it's an argument that you can't blame Tool for being sellouts.  The background story is that Maynard, the lead singer, is approached by some kid who accuses him of being a sellout with the latest album, and that the earlier stuff is more authentic:

And in between sips of Coke
He told me that he thought
We were sellin' out
Layin' down
Suckin' up
To the man.

Maynard responds with two separate arguments.  The first is simple garbage talk: that he, Maynard, is actually THE MAN.  So he can't sell out to the man, because he's already the man.  And furthermore, since that's the case, our accuser is ALSO the man.  
Before you point your finger
You should know that
I'm the man
If I'm the man,
Then you're the man
And He's the man as well
So you can
Point that fuckin' finger up your ass.
I suppose that this is a fine argument for people who are heavy-duty Tool-heads, since a good deal of Tool stuff is mystical mumbo-jumbo.  But, for sure, by this sort of reasoning, then Maynard is the accuser, too.  And then, consequently, he ends up telling HIMSELF to point that finger up his OWN ass.  (Logic hint: identity is a transitive relation.)  Not much of a defense, in the end.  The lesson of the first argument: mystical nonsense may be really impressive to badly dressed kids in soda shops, but it makes for crazily bad arguments. 
 
The second argument is a little more interesting, and given our recent spate of discussions about tu quoque arguments, it caught my eye.  The argument has two prongs. The first is basically that Tool had already sold out before their first record, and so the accuser has no legitimate basis to say that the later album is a sellout compared to the first album. The first album was a sellout album, too!   The second line of argument is that the accuser, regardless of the accusations, nevertheless BOUGHT THE RECORDS!

All you know about me is what I've sold you,
Dumb fuck
I sold out long before you ever even heard my name.
I sold my soul to make a record,
Dip shit
And then you bought one.

I see both lines of the second argument out to show that the accuser, regardless of the issue of whether Tool have sold out, actually likes sellout music.  The first line is that since Tool sold out before the first record, and the accuser likes the first record, the accuser likes sellout music.  The second line is that since the accuser BUYS records he admittedly sees as sellout music, he must thereby like sellout music.  Therefore, he has no standing to accuse Tool of being sellouts.
 
Again, I'm sympathetic with many tu quoque arguments, as I think they can show double standards, dishonesty in criticism, and even sometimes actually show that some cases are likely true.  But I'm not sympathetic here.  The first problem is that even if Tool sold out before the first album, that doesn't mean that their second (or later) albums are of the same quality.  Here might be a reasonable response from the accuser: Sure, you may have sold out before the first record, but it didn't start really showing until the second.  I thought you had some shred of dignity and integrity, but I suppose I was wrong about that.  Thanks for setting me straight about the fact that you've always been a sellout.
 
The second problem with the line of argument is the fact that the accuser bought the album hardly means that he has no standing to complain about its quality.  I have many, many CD's collecting dust in the basement  that stink.  The only way to find out if they stink, back then, was to buy them and listen to them.   It was $15 to find out that, for example, Queensryche peaked with Operation Mindcrime.  Or consider any other commodity — if I say that the Big Mac is a terrible hamburger, I'd have had to have tried it.  Which means I'd have had to have bought one.  Would my standing to criticize a Big Mac be undermined by the fact that I bought one?  What would be the only way to sample them, then, without this charge?  Steal them?
 
The third problem with the argument is that even if Maynard has shown the accuser to like sellout music, and even if Maynard has shown that the accuser, THE MAN, and Maynard are all the same, it has not yet mounted much of a defense for sellout music.  If there's something wrong with "sucking up to THE MAN," then showing that we're all THE MAN or that some people like sucking up to the man doesn't do much in the way of defense. 
 
Toolheads, I remember, took this song pretty seriously.  They still do, if you peruse the comments under the YouTube videos for the song. They thought that it showed Maynard at his best, defending himself and his music.  It may show Maynard at his best, but it's hardly a defense.  You know, when you shout a bad argument, even with distorted guitars and heavy base in the background, it doesn't get any better.