You’re not entitled to your own facts (or to hang the people who prove you wrong).

“There is evidence for being able to hang these [public officials]. I am so tired of ‘em. I’m just sick of it. I’ve had it, the Second Amendment is there for a reason.” Corey Eib, Agenda 31.

white-male-1871394_1280You’re entitled to your own opinion, but not your own facts–that’s the simplest, most basic credo of skepticism. Want to hold the opinion that extraterrestrial life exists out there? Great, me too. Want to insist that it built the pyramids? Now we’re talking pseudoscience.

I’ve been following a budding pseudolegal guru who’s become very frustrated and angry that his nonsense theories about citizenship and jurisdiction have yet to make him immune to the laws of the United States, where he lives. His case highlights an interesting difference between pseudoscience and pseudolaw.

Both turn on theories that don’t really fit the available facts, whether those facts relate to the building of the pyramids, the origin of species, or the text of the Fourteenth Amendment. When the theory doesn’t fit the facts, pseudoscientists and pseudolawyers both build walled gardens to protect their theories–that’s one of the crucial differences between a “pseudo” scientist or lawyer and the real thing. Those walls might be a community that doesn’t ask critical questions or conspiracy theories that provide a mechanism for disqualifying and ignoring such questions. A creationist, for example, can pretend that carbon dating proves the Earth is just 6,000 years old. And they’ll never have to emerge from their walled garden to compare that theory to the facts available to actual scientists. They can just keep reading creationist blogs and books and avoid the awkward mismatch between their beliefs and the outside world.

A pseudolawyer is in a different boat. Legal theories usually get decided in court, sooner or later. It forces a comparison between the irrational belief and reality, and exposes its flaws. That can happen with scientific and medical theories, such as when a miracle cancer cure fails to cure any cancer, but it’s less common for any individual believer to experience that. In the legal world, if you decide you’re allowed to drive without a driver’s license because you’re a special kind of super-citizen, sooner or later the system is going to force you to test that belief. And the theory is going to fail, because it’s wrong.

When those cherished, irrational beliefs fail, it’s at the end of a long and difficult process. The tribulations of trials encourage pseudolegal gurus to double down on their beliefs–they have to be truly committed to spend months litigating their beliefs, much less risk jail for them. And when the process that’s welded them more tightly to their ideology then exposes that ideology as false, the result is often going to be immense frustration and anger.

This is an exploration of one pseudolawyer’s mistaken ideas about the US Constitution, how they failed that empirical test, and how he’s responded with frustration, anger, and paranoia rather than reconsidering his own beliefs. It’s also about why just losing in court again and again and again isn’t enough to dissuade a budding guru. I’m not trying to do that with this piece, either. I don’t think it’s possible to talk such a person out of their beliefs.

But because this guru’s recent rhetoric has become extremely frantic and even he’s even suggested violence, it’s important to engage with the theories he preaches in case that helps dissuade people from falling for them. I don’t think this particular pseudolawyer is actually going to become violent, but the communities that form around such ideas can become unpredictable. (Just ask the Malheur occupiers.) So in addition to discussing those theories as a case study, at the end of this piece I’m going to outline some of the simplest and most obvious flaws with them. Engaging irrational beliefs that hurt people is, after all, the Good Fight.

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Reverse the Constitutional Polarity of the Baryonic Trustee Matrix: Legal Gibberish on the ConspiraSea Cruise (Day 2)

Colin is currently on the ConspiraSea Cruise doing research for a book on irrational beliefs. He is emailing summaries of each day’s experiences to me for posting here on Violent Metaphors. This is the second day’s report. You can find the first day’s report here, day 3 here, day 4 here, day 5 (part 1) here, day 5 (part 2) here and an explanation for what he is doing here. If you would like to give him questions or advice, please comment on this post–I’ll make sure he sees it. –Jennifer

This is Jennifer’s blog, and Jennifer is a scientist. So most of the posts here are about science in one way or another. And I love that, because I love science—the idea of it, the practice of it, and the success of it. So when we talk about irrationality and pseudoscience, it’s only natural that we’re mostly focused on pseudoarchaeology, pseudogenetics, anti-vaccine and anti-GMO irrationality. There’s plenty of that on this boat and I’m going to write about it, but so far it’s nothing new.

This post isn’t about pseudoscience. Not about anti-vaxers or GMO fearmongering. Lots of our readers come here for those topics, but don’t turn away just yet. I want to talk about something most of you have barely thought about, but something that may be more important than anti-vaccine pseudoscience—at least for its victims.

As much as I love science, I’m not a scientist. I’m a lawyer. I graduated from Harvard Law School, served as a staff clerk for the Seventh Circuit Court of Appeals, and clerked for a very respected federal judge in Texas. Before I left the practice I spent years litigating cases for an international law firm, doing things like suing a hedge fund for committing fraud in the securitization of esoteric financial instruments. I don’t say any of this stuff to put on airs. It never once got me a date when I was single. I just want to establish that while I’m not a famous legal scholar or law school professor or distinguished expert, I know more than a little something about how courts and laws work. That’s why this post isn’t about pseudoscience but pseudolaw.

And it matters. Pseudolaw isn’t harmless. It ruins lives. It sends people to prison. People die behind this, as you’ve seen happen in Oregon. The pseudolaw that’s happening on the boat is tame by comparison, but still has the potential to wreck the lives of well-meaning people. It’s important to take a break from pseudoscience to see how this slow-motion disaster is happening in front of our eyes, and then we’ll take a look at how it’s affecting the anti-vaccine movement.

This is a harsher post than I expected to write, and much harsher than I’ll be writing about the rest of the cruise. If you’re on the cruise with me and reading this, please do it with an open mind. This is what it means to seek the truth, which is what the cruise is supposed to be helping us all do. Continue reading

Mike Adams of Natural News: As Fine a Lawyer as He Is a Scientist

Scale_of_justice

UPDATE: Looks like Natural News intercepted the “DoNotLink” link and redirected to an old article bragging about their supposed scientific prowess. I’ve replaced it with a direct link to the article.

Mike Adams, who calls himself the “Health Ranger,” has an ugly reputation for incompetence when it comes to scientific questions. That shouldn’t be a surprise. He’s a relentless self-promoter and a talented salesman who has discovered that wearing a lab coat and using four-dollar words moves product. He hawks supplements, housewares, CDs and DVDs, tinctures, powders, lotions and potions that will cure what ails you! People are more likely to buy his wares if they don’t trust their doctor, and if they’re full of fear for their own health. So it’s probably no coincidence that Adams’s Natural News site also pushes frightful misinformation about how awful, terrible, and corrupt those scheming doctors and scientists are.

It’s a very savvy marketing strategy, because people who feel like mainstream doctors and scientists are out to get them will probably identify more strongly with Adams’s Natural News community as a way to feel like they’re fighting back. That would make them more likely to trust him, and more likely to fork over $40 for ten ounces of freeze-dried apples (a little over $25 on Amazon).

If Adams is a world-class salesman, he’s strictly an amateur when it comes to science and, it appears, the law. A few days ago Adams posted an article screaming, “MMR measles vaccine clinical trial results FAKED by Big Pharma – shocking U.S. court documents reveal all”. Meh. The article is beyond misleading. Anyone reading just that, and not digging further, would walk away with a profound misunderstanding of what’s going on in the case. It could be just rank incompetence, but nothing about the article give me the impression that Adams gives a damn whether the contents are true or not, as long as the audience gets good and angry at those evil government scientists and corporate doctors. (And if his description of the case gets you angry enough, you can fight back! Just click on the “Store” button conveniently located right above the article and buy yourself an herbal medicine kit, or some essential oils, or an immunity-boosting candle, or all-natural salt, or even a $100 pack of iodine. Just the sort of thing they don’t want you to buy!)

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Why a Federal Court Ruled Against Anti-Vaxers

Last month in the case of Phillips v. New York, a federal judge upheld a New York City policy barring unvaccinated children from schools where a vaccine-preventable illness has been diagnosed. The case received a lot of attention from the media, including the New York Times and Slate. But these articles don’t say much about what really happened in the case. Since the case dealt with the same kinds of arguments many anti-vax parents make, I went through it to acquaint myself with the law. Since I was reading up on it anyway it might be useful or interesting to other people to see how a case like that works. Bear in mind that this is a broad-strokes explanation, and I’m going to oversimplify some of the legal principles. But if you’re curious how the sausage is made, read on.

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Why anti-vaxers hate the NVICP (and just what is it, anyway?). –by Colin McRoberts

From http://en.wikipedia.org/wiki/United_States_Court_of_Federal_Claims
From http://en.wikipedia.org/wiki/United_States_Court_of_Federal_Claims

Orac is reporting that a planned Congressional hearing into the National Vaccine Injury Compensation Program has been canceled. This is unambiguously good news; the hearing was probably a political favor being done for anti-vaccine cranks who despise the NVICP. Their hatred for the Program can be confusing, given how much better it is for their position than the alternative.

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The Supreme Court gets it right

Today the United States Supreme Court issued a unanimous ruling on a case very important to genetics research and medicine.*

In ASSOCIATION FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS, INC., the Supreme Court addressed the question of whether genes could be patented. The defendant, Myriad Genetics, had identified and patented two very important genes implicated in breast and ovarian cancer: BRCA1 and BRCA2. Their patents meant that they had exclusive rights to sell genetic tests to identify the cancer-causing mutations in these genes, and controlled any research on them.

The Supreme Court ruled against Myriad Genetics. In their opinion, written by Justice Thomas, they stated that:

“a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring.”

cDNA has an identical sequence to the original gene, but has been synthesized from a messenger RNA copy of the gene with the non-coding portions (introns) removed. Here is a little tutorial that explains more about cDNA. (Perhaps Justice Scalia should watch it.**) Having a direct ‘read-out’ of the coding bits of a gene is necessary for many molecular biology applications, and this ruling is important to biotech companies (who have been patenting cDNA all this time).

This ruling is excellent news. It recognizes that the human genome isn’t ‘property’, which would have had a seriously detrimental effect on future genetics research and personalized medicine. It also means that all companies offering screens for cancer-causing variants can finally include BRCA1 and BRCA2 along with other genes tested. That will hopefully improve access to genetic information for many women with concerns about familial histories of breast and ovarian cancer, and allow them to make informed decisions about their health in advance of cancer appearing.

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*There’s a lot of discussion going on among geneticists about how badly the Supreme Court bungled the science. And it’s true that they made a lot of errors. However, I’d point out that most of us geneticists in turn probably don’t understand a lot about patent law.

**Justice Scalia issued a very odd opinion in which he agreed with the other justices about the outcome but as to the details of molecular biology:

” I am unable to affirm those details on my own knowledge or even my own belief.”

Belief? It’s perfectly reasonable to admit you don’t understand the science, but it seems strange to state that you may not believe it. This isn’t exactly controversial stuff. I’m very curious why he chose that word.

Further reading:
SCOTUS blog on the ruling: http://www.scotusblog.com/2013/06/opinion-recap-no-patent-on-natural-gene-work/

A nice discussion of the issues: http://www.pbs.org/wgbh/nova/next/body/gene-patents-and-personalized-medicine/

Do you want access to all government-funded genetic research results? You can download whatever you want (for free) here: http://www.ncbi.nlm.nih.gov/genbank/