Brownstone Institute
Who Ultimately Wins in a Society of Flash Mob Moralists?
From the Brownstone Institute
A big story in the hockey world in recent days centers on the Boston Bruins’ decision to offer, and then rescind, a contract to promising 20-year-old defenseman Matthew Miller.
Miller was drafted in the 4th round of the 2020 NHL draft by the Arizona Coyotes, who subsequently renounced their rights to the player when two journalists from the Arizona Republic reported the player had been convicted at age 14 in an Ohio juvenile court of serially abusing a developmentally disabled fellow student of color.
As a result of the same stories, apparently spurred by testimony given by the victim and his family, Miller was stripped of his hockey scholarship at the University of North Dakota.
Two years later, after talking with Miller and his agent the Bruins management decided that Miller was worthy of a second chance.
However, after a fierce media/social media storm ensued—in the midst of which NHL commissioner Gary Bettman announced that he would have the last word on deciding who would be eligible to play in the NHL—the Bruins rescinded the recently signed contract, saying they had discovered unspecified “new information” about Miller in recent days.
And thus ended yet another of our era’s online morality plays, dramas wherein the social capital of personal aggrievement, magnified by the vicarious expressions of outrage emanating from largely anonymous online mobs, invariably rules the day.
I’ve got nothing against morally-infused personal outrage. Indeed, I’ve got plenty of it. Moreover, I am well aware of the role it has played in regulating behavior in social collectives throughout history.
But I also know that one of the things that made the emergence of modern democracies possible was the subordination of mob-style moral outrage, and its twin brother personal vengeance, to the rule of law.
Is the application of the law often imperfect? Absolutely. Does the restitution it offers, when it indeed does offer restitution at all, almost always fall well short of what the victims of the injustice believe is owed to them? No doubt.
The founders of our institutions were not unaware of these limitations. But they believed that flawed justice such as this was infinitely superior to the alternative, which they correctly understood to be a society “regulated” by some mixture or another of personal vendettas and mob rule.
I have read the news reports about what Matthew Miller did to Isaiah Meyer-Crothers during the course of what is said to be several years of bullying, allegedly starting when both were 7 years old. The incident most commonly adduced by the press to exemplify this sad period of harassment—Miller’s getting Meyer-Crothers to lick a push-pop that had been dipped in urine—is repellent beyond belief. And I know that if I were Isaiah and/or his family I’d have a very hard time ever forgiving him for these aggressions and for the way it no doubt damaged the disabled youngster’s psychological well-being.
But does it mean that Miller, himself a probable victim of some sort of abuse or neglect to engage in such sadism at such a young age, has to be a social pariah for life, unable to exercise his skills in the workplace? This, when a veritable host of professional athletes who have done far worse things as adults (e.g. Ray Lewis, Craig MacTavish) have been breezily pardoned and welcomed back into the playing and/or management ranks. Apparently it’s much easier to go after a 20-year-old kid than an established star whose jersey you bought for yourself or your kids.
To pose the above question is not, as so many eager and zealous moralists in the comments section of the oh-so-liberal Boston Globe sports section and other places would have us believe, the same as “excusing what Miller did” or being in any way heedless of the serious damage that his childhood/adolescent actions had on Meyer-Crothers. Nor does it imply that Matthew Miller’s transgressions were just a case of “boys being boys” or that you believe he has been reborn as a moral angel.
As is usually the case, things are far more complex than that.
It is my understanding that Matthew Miller was remitted to the existing system of juvenile justice, did whatever putatively proportional penance was levied on him by the system, discharged, and allowed to get on with his life.
And in keeping with the fundamental precepts of juvenile justice, rooted in the belief that no one should be condemned in perpetuity for acts committed before the onset of full adult moral reasoning, the records were sealed. And as far as I’ve been able to tell, he has not been remitted to the justice system since that time.
When he was drafted in 2020, someone, however, violated the spirit of this principle and brought up Miller’s juvenile transgressions and contacted the victim who expressed his dismay at the possibility that Miller might be afforded the possibility of going on to a life of wealth and fame. “Everyone thinks he’s so cool that he gets to go to the NHL, but I don’t see how anyone can be cool when you pick on someone and bully someone your entire life.”
This is a perfectly understandable sentiment, one that is expressed a lot more tamely than what I might have said were I in his same position.
However, the bigger question is if, in a supposed society of laws, these more than legitimate feelings about seeing your one-time tormentor experience recognition and the possibility for success can and should be used as a means of imposing—through media-social media-business collusion—a de facto form of double jeopardy on someone who has theoretically paid his debt to society?
Do we really want to live in a society where, if you can recruit a posse of infuriated and media-savvy moralists you can supersede not only the intended effects of the law, but perhaps more importantly in the long run, the possibilities of healing in both the aggressor and his victim? Do we really want to effectively lock two young people into the tormentor-victim dynamic for the rest of their lives?
According to this logic, prison education programs like the one I taught in for many years, and where I experienced the most vibrant and meaningful classroom interactions of my teaching career, should not exist.
Rather as someone conscious of some of the heinous things that my would-be students had done, I should, according to the logic at play in the Miller case, have haughtily rebuffed my colleagues when they asked me to join the effort, telling them in no uncertain terms that “I don’t in any way wish to support or dignify ‘animals’ such as these.”
I would then proudly tell everyone that would listen about how I had strongly enunciated and defended my clear and unbending moral principles in the face of requests to glorify criminals and their crimes.
Again, is this really a model of moral comportment that we want to advance and normalize?
Sadly, the answer of many—apparently secure in the belief that their immaculate children could never, ever be agents of evil—to this question appears to be “yes.”
Indeed, wasn’t it a simple variation of this dynamic of stigmatize, dehumanize and shun—rooted in the idea that evil is always pure and located elsewhere—that psychologically underwrote the worst repressions of the High Covid era?
As bad as this practice of eschewing the prospect of healing in favor of preening self-regard and continued aggrieved tension is, it may not even be the worst part of the new trend toward widespread armchair moralizing.
Arguably more troubling is the damage such practices do to what might be called our society’s “economy of concern.” Like most everything about us, our ability to pay attention to the world outside our heads is limited. The kingpins of the new cyber economy know this, and are laser-focused on getting us to give as much of this scarce and extremely valuable resource to them during the course of our days.
They do so most obviously to sell us things we often don’t need or intrinsically want. But they also do so to keep us from thinking about how the social structures they have a huge say in shaping do or do not serve our long-term interests.
How?
By encouraging us to spend cognitive, emotional and moral energies on people and things that ultimately lie well beyond our own radius of personal control.
Like, for example, on young hockey players who made ugly mistakes as a child and early adolescent or, conversely, on the truly heart-wrenching stories of his victim.
Will fulminating online about the young hockey player’s past really solve any of our real problems?
Obviously not.
But it will take energy away from addressing big and structurally-imposed violations of basic rights happening today.
Every minute spent talking today about a single child-on-child abuse case legally resolved, however imperfectly, 6 years ago is a minute not spent addressing the cruelties and injustices of government-on-child abuse taking place today, much of it on the name of “fighting Covid.” outrages eloquently and passionately denounced here by Laura Rosen Cohen .
In effect, when we allow ourselves to be swept up into object-free campaigns of moral virtue-signaling about past personal cases, we are giving those in big entrenched centers of power much more space to enact and consolidate enveloping systems of citizen abuse and social control. And if you think these entrenched centers of power are beyond thinking of how to stimulate diversionary campaigns of small-bore outrage, then it’s time you wake up to the new realities of our world.
A half-century ago, certain activists declared that now “The personal is the political.” It was an alluring soundbite and like so many alluring soundbites overly simplistic. Should we strive to always inject the personal concerns of the citizenry into policy-making discussions? Of course.
That said, there is, and must always be, as Hannah Arendt reminded us, a barrier between our private and public selves as well as an acceptance, as excruciatingly difficult as it might be to do, of the unfortunate role of unrequited tragedy in the lives of us all.
Do I wish that the pain of Meyer-Crothers could have been eliminated by Ohio’s system of juvenile justice? I obviously do. But sadly, that’s not how it works. A public justice system is not designed to eliminate pain, but rather attenuate its onward march, and in this way, provide a possible opening for healing.
The internet has, for better or worse, created new forms of social organization and political mobilization. As we have seen in the Miller case, the Meyer-Crothers family, backed by journalists and online activists, has sought, in effect, to gain a measure of the moral payback the justice system was unable to provide them.
Is it understandable? Yes. Is it their right? Certainly.
Is using these new methods of mobilization to effectively override the legal system and create what are effectively vigilante forms of retribution good for the future of our society and culture?
Probably not.
While it may make a lot of people feel good about themselves at the moment, it will only further corrode trust in the rule of law— a shift that always favors the powerful—and take valuable energy away from the urgent task of fighting massive and systematic government and corporate assaults on our dignity and freedom.
Author
From the Brownstone Institute
By 
Who Controls the Administrative State?
President Trump on March 20, 2025, ordered the following: “The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education.”
That is interesting language: to “take all necessary steps to facilitate the closure” is not the same as closing it. And what is “permitted by law” is precisely what is in dispute.
It is meant to feel like abolition, and the media reported it as such, but it is not even close. This is not Trump’s fault. The supposed authoritarian has his hands tied in many directions, even over agencies he supposedly controls, the actions of which he must ultimately bear responsibility.
The Department of Education is an executive agency, created by Congress in 1979. Trump wants it gone forever. So do his voters. Can he do that? No but can he destaff the place and scatter its functions? No one knows for sure. Who decides? Presumably the highest court, eventually.
How this is decided – whether the president is actually in charge or really just a symbolic figure like the King of Sweden – affects not just this one destructive agency but hundreds more. Indeed, the fate of the whole of freedom and functioning of constitutional republics may depend on the answer.
All burning questions of politics today turn on who or what is in charge of the administrative state. No one knows the answer and this is for a reason. The main functioning of the modern state falls to a beast that does not exist in the Constitution.
The public mind has never had great love for bureaucracies. Consistent with Max Weber’s worry, they have put society in an impenetrable “iron cage” built of bloodless rationalism, needling edicts, corporatist corruption, and never-ending empire-building checked by neither budgetary restraint nor plebiscite.
Today’s full consciousness of the authority and ubiquity of the administrative state is rather new. The term itself is a mouthful and doesn’t come close to describing the breadth and depth of the problem, including its root systems and retail branches. The new awareness is that neither the people nor their elected representatives are really in charge of the regime under which we live, which betrays the whole political promise of the Enlightenment.
This dawning awareness is probably 100 years late. The machinery of what is popularly known as the “deep state” – I’ve argued there are deep, middle, and shallow layers – has been growing in the US since the inception of the civil service in 1883 and thoroughly entrenched over two world wars and countless crises at home and abroad.
The edifice of compulsion and control is indescribably huge. No one can agree precisely on how many agencies there are or how many people work for them, much less how many institutions and individuals work on contract for them, either directly or indirectly. And that is just the public face; the subterranean branch is far more elusive.
The revolt against them all came with the Covid controls, when everyone was surrounded on all sides by forces outside our purview and about which the politicians knew not much at all. Then those same institutional forces appear to be involved in overturning the rule of a very popular politician whom they tried to stop from gaining a second term.
The combination of this series of outrages – what Jefferson in his Declaration called “a long train of abuses and usurpations, pursuing invariably the same Object” – has led to a torrent of awareness. This has translated into political action.
A distinguishing mark of Trump’s second term has been an optically concerted effort, at least initially, to take control of and then curb administrative state power, more so than any executive in living memory. At every step in these efforts, there has been some barrier, even many on all sides.
There are at least 100 legal challenges making their way through courts. District judges are striking down Trump’s ability to fire workers, redirect funding, curb responsibilities, and otherwise change the way they do business.
Even the signature early achievement of DOGE – the shuttering of USAID – has been stopped by a judge with an attempt to reverse it. A judge has even dared tell the Trump administration who it can and cannot hire at USAID.
Not a day goes by when the New York Times does not manufacture some maudlin defense of the put-upon minions of the tax-funded managerial class. In this worldview, the agencies are always right, whereas any elected or appointed person seeking to rein them in or terminate them is attacking the public interest.
After all, as it turns out, legacy media and the administrative state have worked together for at least a century to cobble together what was conventionally called “the news.” Where would the NYT or the whole legacy media otherwise be?
So ferocious has been the pushback against even the paltry successes and often cosmetic reforms of MAGA/MAHA/DOGE that vigilantes have engaged in terrorism against Teslas and their owners. Not even returning astronauts from being “lost in space” has redeemed Elon Musk from the wrath of the ruling class. Hating him and his companies is the “new thing” for NPCs, on a long list that began with masks, shots, supporting Ukraine, and surgical rights for gender dysphoria.
What is really at stake, more so than any issue in American life (and this applies to states around the world) – far more than any ideological battles over left and right, red and blue, or race and class – is the status, power, and security of the administrative state itself and all its works.
We claim to support democracy yet all the while, empires of command-and-control have arisen among us. The victims have only one mechanism available to fight back: the vote. Can that work? We do not yet know. This question will likely be decided by the highest court.
All of which is awkward. It is impossible to get around this US government organizational chart. All but a handful of agencies live under the category of the executive branch. Article 2, Section 1, says: “The executive Power shall be vested in a President of the United States of America.”
Does the president control the whole of the executive branch in a meaningful way? One would think so. It’s impossible to understand how it could be otherwise. The chief executive is…the chief executive. He is held responsible for what these agencies do – we certainly blasted away at the Trump administration in the first term for everything that happened under his watch. In that case, and if the buck really does stop at the Oval Office desk, the president must have some modicum of control beyond the ability to tag a marionette to get the best parking spot at the agency.
What is the alternative to presidential oversight and management of the agencies listed in this branch of government? They run themselves? That claim means nothing in practice.
For an agency to be deemed “independent” turns out to mean codependency with the industries regulated, subsidized, penalized, or otherwise impacted by its operations. HUD does housing development, FDA does pharmaceuticals, DOA does farming, DOL does unions, DOE does oil and turbines, DOD does tanks and bombs, FAA does airlines, and so on It goes forever.
That’s what “independence” means in practice: total acquiescence to industrial cartels, trade groups, and behind-the-scenes systems of payola, blackmail, and graft, while the powerless among the people live with the results. This much we have learned and cannot unlearn.
That is precisely the problem that cries out for a solution. The solution of elections seems reasonable only if the people we elected actually have the authority over the thing they seek to reform.
There are criticisms of the idea of executive control of executive agencies, which is really nothing other than the system the Founders established.
First, conceding more power to the president raises fears that he will behave like a dictator, a fear that is legitimate. Partisan supporters of Trump won’t be happy when the precedent is cited to reverse Trump’s political priorities and the agencies turn on red-state voters in revenge.
That problem is solved by dismantling agency power itself, which, interestingly, is mostly what Trump’s executive orders have sought to achieve and which the courts and media have worked to stop.
Second, one worries about the return of the “spoils system,” the supposedly corrupt system by which the president hands out favors to friends in the form of emoluments, a practice the establishment of the civil service was supposed to stop.
In reality, the new system of the early 20th century fixed nothing but only added another layer, a permanent ruling class to participate more fully in a new type of spoils system that operated now under the cloak of science and efficiency.
Honestly, can we really compare the petty thievery of Tammany Hall to the global depredations of USAID?
Third, it is said that presidential control of agencies threatens to erode checks and balances. The obvious response is the organizational chart above. That happened long ago as Congress created and funded agency after agency from the Wilson to the Biden administration, all under executive control.
Congress perhaps wanted the administrative state to be an unannounced and unaccountable fourth branch, but nothing in the founding documents created or imagined such a thing.
If you are worried about being dominated and destroyed by a ravenous beast, the best approach is not to adopt one, feed it to adulthood, train it to attack and eat people, and then unleash it.
The Covid years taught us to fear the power of the agencies and those who control them not just nationally but globally. The question now is two-fold: what can be done about it and how to get from here to there?
Trump’s executive order on the Department of Education illustrates the point precisely. His administration is so uncertain of what it does and can control, even of agencies that are wholly executive agencies, listed clearly under the heading of executive agencies, that it has to dodge and weave practical and legal barriers and land mines, even in its own supposed executive pronouncements, even to urge what might amount to be minor reforms.
Whoever is in charge of such a system, it is clearly not the people.
Author
From the Brownstone Institute
By
“People are reacting because they hear things about me that aren’t true, characterizations of things I have said that are simply not true. When they hear what I have to say, actually, about vaccines, everybody supports it.”
Robert F. Kennedy, Jr. has been confirmed as Secretary of the US Department of Health and Human Services.
Within hours, my news feed was populated with angsty articles hand-wringing about the future of vaccines under Kennedy, whom legacy media and the establishment are certain would confiscate life-saving vaccine programs, raising the spectre of mass waves of illness and death.
In particular, this quote from Senator Mitch McConnell (R-KY), the only Republican who voted against Kennedy’s confirmation, appeared over and over again:
“I’m a survivor of childhood polio. In my lifetime, I’ve watched vaccines save millions of lives from devastating diseases across America and around the world. I will not condone the re-litigation of proven cures, and neither will millions of Americans who credit their survival and quality of life to scientific miracles.”
Yet, I could not find one piece of mainstream coverage of this quote that mentioned the astonishing fact that 98% of polio cases in 2023, the most recent year for which we have full data, were caused by the polio vaccine.
You read that correctly. In 2023, 12 wild polio cases were recorded (six in Afghanistan, six in Pakistan), with a further 524 circulating vaccine-derived cases, mostly throughout Africa. This trend is in keeping with data from the previous several years.
An important contextualising detail, wouldn’t you think?
The cause of this polio resurgence is that the world’s poor are given the oral polio vaccine (OPV), which contains a weakened virus that can replicate in the gut and spread in feces, causing vaccine-derived outbreaks.
People in rich countries get the inactivated polio vaccine (IPV), which does not contain live virus and therefore does not carry the risk of spreading the very disease it’s vaccinating against.
The World Health Organization (WHO) and vaccine-promoting organisations say that the way out of the problem is to vaccinate harder, as the argument goes that outbreaks only occur in under-vaccinated communities.
This may be well and good, but the total omission of the fact from media coverage that the goalposts have shifted from eradicating wild polio (not yet complete but nearly there, according to the WHO) to eradicating vaccine-derived polio (the main problem these days) underscores that this is why hardly anyone who knows anything trusts the media anymore.
A member of my extended family has polio. It’s nasty and life-altering and I wouldn’t wish it on anyone.
That’s why I would hope that any vaccines given would be safe – contracting polio from the supposedly preventative vaccine is the worst-case scenario, second only to death.
This is Kennedy’s expressly stated aim.
“When people actually hear what I think about vaccines, which is common sense, which is vaccines should be tested, they should be safe, everyone should have informed consent,” he said at his confirmation press conference.
“People are reacting because they hear things about me that aren’t true, characterisations of things I have said that are simply not true.
“When they hear what I have to say, actually, about vaccines, everybody supports it.”
Grown-ups who support vaccines can walk and chew gum. From the point of view of the public health establishment, the polio vaccine has prevented millions of cases and has nearly eradicated the disease.
At the same time, the world’s poorest are afflicted with polio outbreaks which we can work to prevent, and the safety of all polio vaccine products on the market should be subject to the rigorous standards applied to all other medicines.
Unless you think that poor people don’t matter, in which case the status quo might suit you fine.
Republished from the author’s Substack
Author
Canada Continues to Miss LNG Opportunities: Why the World Needs Our LNG – and We’re Not Ready
Liberals Replace Candidate Embroiled in Election Interference Scandal with Board Member of School Flagged in Canada’s Election Interference Inquiry
California planning to double film tax credits amid industry decline
U.S. Experts Warn Canada Is Losing the Fight Against PRC Criminal Networks—Washington Has Run Out of Patience
-
2025 Federal Election2 days ago
Liberals Replace Candidate Embroiled in Election Interference Scandal with Board Member of School Flagged in Canada’s Election Interference Inquiry
-
espionage2 days ago
U.S. Experts Warn Canada Is Losing the Fight Against PRC Criminal Networks—Washington Has Run Out of Patience
-
Business12 hours agoTrump threatens additional 50% tariffs on China, urges ‘patience’
-
Automotive2 days agoTesla Vandals Keep Running Into The Same Problem … Cameras
-
Alberta11 hours agoProvince introducing “Patient-Focused Funding Model” to fund acute care in Alberta
-
Business1 day agoJury verdict against oil industry worries critics, could drive up energy costs
-
MacDonald Laurier Institute9 hours agoRushing to death in Canada’s MAiD regime
-
Alberta1 day agoIs Canada’s Federation Fair?