Wisconsin judge defends free speech rights of conservative groups against Democrat fascists

Wisconsin Governor Scott Walker
Wisconsin Governor Scott Walker

From the Wall Street Journal.

Excerpt:

Chalk up a big victory for the First Amendment. On Friday a Wisconsin judge struck a major blow for free political speech when he quashed subpoenas to conservative groups and ordered the return of property to the targets of a so-called John Doe campaign-finance probe.

John Doe probes operate much like grand juries, allowing prosecutors to issue subpoenas and conduct searches while gag orders require the targets to keep quiet. We wrote about the kitchen-sink subpoenas and morning raids by special prosecutor Francis Schmitz that targeted dozens of conservative groups that participated in the battle to recall Republican Governor Scott Walker (“Wisconsin Political Speech Raid,” Nov. 16, 2013).

Now we learn that Judge Gregory A. Peterson ruled on Friday that at least some of those subpoenas were improper. They “do not show probable cause that the moving parties committed any violations of the campaign finance laws,” he wrote. His opinion remains under seal but we obtained a copy.

The quashed subpoenas were sent to Friends of Scott Walker, Wisconsin Manufacturers & Commerce Inc., the Wisconsin Club for Growth, and Citizens for a Strong America, as well as their officers and directors. Judge Peterson’s order doesn’t apply to other subpoena targets, but they can presumably get the same result if they file a motion with the judge and have a similar factual basis.

[…]“There is no evidence of express advocacy” and therefore “the subpoenas fail to show probable cause that a crime was committed,” Judge Peterson wrote. Even “the State is not claiming that any of the independent organizations expressly advocated” for the election of Mr. Walker or his opponent, he added. Instead they did “issue advocacy,” which focuses on specific political issues.

This means that prosecutors essentially invented without evidence the possibility of criminal behavior to justify the subpoenas and their thuggish tactics. At least three targets had their homes raided at dawn, with police turning over belongings, seizing computers and files, and even barring phone calls.

The judge’s order vindicates our suspicion that the John Doe probe is a political operation intended to shut up Mr. Walker’s allies as he seeks re-election this year. No one has taken public credit for appointing the special prosecutor, but we know the probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf.

Charlie Sykes, the famous Wisconsin-based radio talk show host, had more to say about it on Right Wisconsin.

He writes:

The IRS scandal — which is ongoing — is not that Tea Party groups may have engaged in political activities; it is the abuse of government power to target, harass, and intimidate political opponents. It involves singling out conservative Tea Party groups for special scrutiny and harassment if they sought tax exempt status. 

But that pales next to the Doe, which targeted dozens of conservative groups and individuals and subjected them to criminal investigations. Prosecutors cast a breathtakingly wide net –- 29 separate groups, including Wisconsin Club for Growth, Wisconsin Manufacturers and Commerce (WMC), the League of American Voters, Wisconsin Family Action, Americans for Prosperity, American Crossroads, and the Republican Governors Association, along with other innocent bystanders.

In the IRS scandal, Tea Party groups were threatened with the denial of tax exempt status and subject to legal and financial inconvenience. In Wisconsin, conservatives were threatened with imprisonment.

[…]The anti-Walker probe included raiding the homes of targeted activists, seizing their private correspondence, phones, and computers – including the computers, phones, and emails of their spouses and other family members. Under the Doe’s draconian gag orders, conservatives subjected to such raids were threatened with imprisonment if they spoke about it. And because the probe was secret, the prosecutors could not be held accountable for their conduct. 

[…]So, what is the motivation/agenda behind the witch-hunt?  The office of Milwaukee Democrat district attorney, John Chisolm, presided over a three-year-old long John Doe aimed at Scott Walker that resulted in charges only against a handful of functionaries. Dozens of members of Chisholm’s office signed Walker recall petitions; the chief investigator had a recall sign in his front yard, and some of Chisolm’s aides reportedly were panting at the prospect of charging Walker himself.  Their disappointment has been palpable.

Sources describe deputies Bruce Landgraf and David Robles as particularly vindictive and aggressive in pursuing the new probe.

I just finished reading Governor Scott Walker’s new book about his effort to limit public sector unions in Wisconsin, and their (failed) effort to recall him. I believe this man has what it takes to be President one day. I believe in experience, and Walker is getting a lot of experience passing bold, innovative reforms as governor of Wisconsin. He could. Go. All. The. Way.

Related posts

Luke Barnes reviews Victor Stenger’s critique of cosmic fine-tuning

Victor Stenger is a famous “Internet Infidel” atheist, but what makes him different is that he is has a PhD in physics. He wrote a book published by the atheist publisher Prometheus Press where he explains why he thinks that the universe is not fine-tuned for embodied sentient life.

An Australian physicist named Luke Barnes decided to write a response to his book, and the response is summarized (without the math!) on Uncommon Descent. Barnes has a PhD in Astronomy from Cambridge. He did postdoctoral research in Switzerland at the Institute for Astonomy, and now he is doing more postdoctoral research at the University of Sydney . The response that he wrote does not talk about God, or explanations of why the fine-tuning happened. I have no idea where his convictions are on any of that, because his response just talks about the fine-tuning itself from a scientific point of view.

Here’s how Uncommon Descent explains Barnes’ response.

Summary:

Professor Victor Stenger is an American particle physicist and a noted atheist, who popularized the phrase, “Science flies you to the moon. Religion flies you into buildings”. Professor Stenger is also the author of several books, including his recent best-seller, The Fallacy of Fine-Tuning: How the Universe is Not Designed for Humanity (Prometheus Books, 2011). Stenger’s latest book has been received with great acclaim by atheists: “Stenger has demolished the fine-tuning proponents,” writes one enthusiastic Amazon reviewer, adding that the book tells us “how science is able to demonstrate the non-existence of god.”

Well, it seems that the great Stenger has finally met his match. Dr. Luke A. Barnes, a post-doctoral researcher at the Institute for Astronomy, ETH Zurich, Switzerland, has written a scathing critique of Stenger’s book. I’ve read refutations in my time, but I have to say, this one is devastating.

In his paper, Dr. Barnes takes care to avoid drawing any metaphysical conclusions from the fact of fine-tuning. He has no religious axe to grind. His main concern is simply to establish that the fine-tuning of the universe is real, contrary to the claims of Professor Stenger, who asserts that all of the alleged examples of fine-tuning in our universe can be explained without the need for a multiverse.

Dr. Barnes’ ARXIV paper, The Fine-Tuning of the Universe for Intelligent Life (Version 1, December 21, 2011), is available online, and I shall be quoting from it below. Since the paper is quite technical at times, I’ve omitted mathematical equations and kept the references to physical parameters to a minimum, since I simply wish to give readers an overview of what Dr. Barnes perceives as the key flaws in Professor Stenger’s book.

First, the abstract:

The fine-tuning of the universe for intelligent life has received a great deal of attention in recent years, both in the philosophical and scientific literature. The claim is that in the space of possible physical laws, parameters and initial conditions, the set that permits the evolution of intelligent life is very small. I present here a review of the scientific literature, outlining cases of fine-tuning in the classic works of Carter, Carr and Rees, and Barrow and Tipler, as well as more recent work. To sharpen the discussion, the role of the antagonist will be played by Victor Stenger’s recent book The Fallacy of Fine-Tuning: Why the Universe is Not Designed for Us. Stenger claims that all known fine-tuning cases can be explained without the need for a multiverse. Many of Stenger’s claims will be found to be highly problematic. We will touch on such issues as the logical necessity of the laws of nature; objectivity, invariance and symmetry; theoretical physics and possible universes; entropy in cosmology; cosmic inflation and initial conditions; galaxy formation; the cosmological constant; stars and their formation; the properties of elementary particles and their effect on chemistry and the macroscopic world; the origin of mass; grand unified theories; and the dimensionality of space and time. I also provide an assessment of the multiverse, noting the significant challenges that it must face. I do not attempt to defend any conclusion based on the fine-tuning of the universe for intelligent life. This paper can be viewed as a critique of Stenger’s book, or read independently.

Here’s a quote that I wanted to put out there from the paper about how widely accepted fine-tuning is among scientists:

There are a great many scientists, of varying religious persuasions, who accept that the universe is fine-tuned for life, e.g. Barrow, Carr, Carter, Davies, Dawkins, Deutsch, Ellis, Greene, Guth, Harrison, Hawking, Linde, Page, Penrose, Polkinghorne, Rees, Sandage, Smolin, Susskind, Tegmark, Tipler, Vilenkin, Weinberg, Wheeler, Wilczek. They differ, of course, on what conclusion we should draw from this fact. Stenger, on the other hand, claims that the universe is not fine-tuned.

That is a very diverse list. I know that Sandage, Ellis, Page, Tipler and Polkinghorne are theists. But I also know that Weinberg, Rees, Hawking, Greene, and Dawkins are atheists. So scientists all across the spectrum of worldview admit that the fine-tuning is real.

Now, let’s look at Barnes’ paper and see why Victor Stenger disagrees with the view of those scientists.

1) Stenger doesn’t show why the entropy at the beginning of the universe isn’t a case of fine-tuning:

Entropy

We turn now to cosmology. The problem of the apparently low entropy of the universe is one of the oldest problems of cosmology. The fact that the entropy of the universe is not at its theoretical maximum, coupled with the fact that entropy cannot decrease, means that the universe must have started in a very special, low entropy state. (p. 23)

Let’s return to Stenger’s proposed solution… Stenger takes it for granted that the universe is homogeneous and isotropic. We can see this also in his use of the Friedmann equation, which assumes that space-time is homogeneous and isotropic. Not surprisingly, once homogeneity and isotropy have been assumed, Stenger finds that the solution to the entropy problem is remarkably easy.

We conclude that Stenger has not only failed to solve the entropy problem; he has failed to comprehend it. He has presented the problem itself as its solution. Homogeneous, isotropic expansion cannot solve the entropy problem – it is the entropy problem. Stenger’s assertion that “the universe starts out with maximum entropy or complete disorder” is false. A homogeneous, isotropic spacetime is an incredibly low entropy state. Penrose (1989) warned of precisely this brand of failed solution two decades ago... (p. 26)

2) Stenger responds to calculations showing the need for fine-tuning by speculating that future calculations will overturn the ones we have now:

The Cosmological Constant, Lambda

The cosmological constant problem is described in the textbook of Burgess & Moore (2006) as “arguably the most severe theoretical problem in high-energy physics today, as measured by both the difference between observations and theoretical predictions, and by the lack of convincing theoretical ideas which address it”. A well-understood and well-tested theory of fundamental physics (Quantum Field Theory – QFT) predicts contributions to the vacuum energy of the universe that are [approx.] 10^120 times greater than the observed total value. Stenger’s reply is guided by the following principle:

Any calculation that disagrees with the data by 50 or 120 orders of magnitude is simply wrong and should not be taken seriously. We just have to await the correct calculation. [FOFT p. 219]

This seems indistinguishable from reasoning that the calculation must be wrong since otherwise the cosmological constant would have to be fine-tuned. One could not hope for a more perfect example of begging the question. More importantly, there is a misunderstanding in Stenger’s account of the cosmological constant problem. The problem is not that physicists have made an incorrect prediction. We can use the term dark energy for any form of energy that causes the expansion of the universe to accelerate, including a “bare” cosmological constant (see Barnes et al., 2005, for an introduction to dark energy). Cosmological observations constrain the total dark energy. QFT [quantum field theory – VJT] allows us to calculate a number of contributions to the total dark energy from matter fields in the universe. Each of these contributions turns out to be 10^120 times larger than the total. There is no direct theory-vs.-observation contradiction as one is calculating and measuring different things. The fine-tuning problem is that these different independent contributions, including perhaps some that we don’t know about, manage to cancel each other to such an alarming, life-permitting degree. This is not a straightforward case of Popperian falsification. (pp. 34-35)

3) Stenger doesn’t consider the full range of values when deciding if something is fine-tuned or not:

Protons, Neutrons, Electrons

We turn now to the relative masses of the three most important particles in our universe: the proton, neutron and electron, from which atoms are made. Consider first the ratio of the electron to the proton mass, … of which Stenger says: “…we can argue that the electron mass is going to be much smaller than the proton mass in any universe even remotely like ours.” [FOFT p. 164] (p. 50)

The fact that Stenger is comparing the electron mass in our universe with the electron mass in universes “like ours” is all the evidence one needs to conclude that Stenger doesn’t understand fine-tuning. The fact that universes like ours turn out to be rather similar to our universe isn’t particularly enlightening. (p. 50)

Finally, and most importantly, note carefully Stenger’s conclusion. He states that no fine-tuning is needed for the neutron-proton mass difference in our universe to be approximately equal to the up quark-down quark mass difference in our universe. Stenger has compared our universe with our universe and found no evidence of fine-tuning. There is no discussion of the life-permitting range, no discussion of the possible range of [mass(neutron) – mass(proton)] (or its relation to the possible range of [mass(down quark) – mass(up quark)], and thus no relevance to fine-tuning whatsoever. (p. 51)

Those are just a few of the examples in the paper, highlighted in the Uncommon Descent article (emphasis theirs).

UPDATE: Commenter Eugene advises me that Barnes’ paper has now been published in a peer-reviewed journal. The journal is published by Cambridge University.

Did Jesus exist? Agnostic historian Bart Ehrman debates Infidel Guy

I find atheism a bit of a quirky worldview because a significant group of the more militant atheists seem to be willing to believe in weird things that are obviously false. Even things that are denied by the majority of scholars. And sometimes things denied by ALL scholars. And yet as long as they can make fun of people and tell jokes about it, they are very happy to go on believing things that are obviously false, and congratulate themselves on how clever they are.

Believe my delusions or I'll insult you!
Believe in my atheists delusions or I’ll insult you!

Anyhoo, here is an interesting case in point, in which “The Infidel Guy”, who thinks that Jesus never existed, confronts skeptical historian Bart Ehrman. Bart Ehrman lets the true believing jihadi know that the world really is round and that leprechauns most certainly do not exist.

When I look at atheists, I do see a lot of belief without evidence, and I suspect that they are just projecting their childish Santa Claus epistemology on Christians. Atheists believe weird things. They deny the Big Bang cosmology, and believe that the universe is eternal  (Secular Humanifest Manifesto I). They believe you can explain the origin of life by appealing to unobservable aliens (Richard Dawkins). They think that morality doesn’t exist (Jerry Coyne). They think that cosmic fine-tuning is not real (Victor Stenger). They think that it is morally permissible for a society to murder unwanted 5-year olds (P.Z. Myers). The ice caps will be melted by 2014 (Al Gore). The majority DNA is non-coding “junk” (John Timmer). The universe popped into being, uncaused out of nothing (Lawrence Krauss). And so on. Don’t even get me started on the multiverse! Oh my. Talk about believing things without evidence just because you want to believe them.

The most powerful argument against Christianity

You know, the most powerful argument that radical atheists can press against the reliability of the New Testament reports about Jesus’ empty tomb and post-mortem appearances is their own gullibility. What they should do in a debate is stand up and say “look at me! I believe Jesus never existed! I am batsh*t crazy!! Bleh bleh bleh! (Dances the robot) And if I am this crazy, then maybe the early Christians were as good at believing weird things as I am!” That is an argument that could cause any Christian to quake in fear.

That is actually the strongest argument against Christianity in my view – the widespread delusions of the radical “New Atheist” community. If a group of people can be that credulous, then maybe the early Christians were that credulous as well? If people can invent an alternate Easter Bunny / Santa Claus reality when it suits their desires, then maybe the early church could do the same. Maybe humans are as credulous, in general, as these radical atheists are and just make things up. Maybe we are all just believing what is comfortable for us against the evidence, like the Infidel Guy and his buddies.

Now, I realize that there is a large group of non-radical atheists who are just not convinced by the evidence for theism and Christianity, and for those moderate atheists, we should prepare a defense for them, because they are still open to being convinced by arguments and evidence. Many of them may have grown up in the church, listening to anti-intellectual sermons and never getting answers to their questions. That’s fine, and we should be respectful and thoughtful with them. But I am just saying that there is another group of radical atheists out there who are just interested in deluding themselves, and we needn’t be impressed by them.