No conflict exists between
freedom, security, civil order and individual rights. These
concepts are based on the same fundamental principle: that
no individual, group, or government may initiate force against
any other individual, group, or government.
1. FREEDOM AND RESPONSIBILITY
The Libertarian Party of Georgia does not necessarily advocate or condone any of the behavior our policies would make legal. We refrain from moral judgment because we believe people's rights must be recognized; the wisdom of any course of peaceful action is a matter for the acting individual(s) to decide. Personal responsibility is discouraged when government either denies individuals the opportunity to exercise it, or insulates individuals from the consequences of their choices. Libertarian policies will create a society where people are free to make and learn from their own decisions.
At the same time, we recognize that only adults have the full range of rights and responsibilities. Minor children -- generally accepted to be under the age of 18 -- benefit from legal protections and restrictions that we would never countenance for adults.
2. CRIME
We welcome recent declines in violent crime rates in Georgia. But even so, violent crime remains at historically high levels, and the government's demonstrated inability to deal with it threatens the lives, happiness, and property of Georgians. At the same time, governmental violations of rights by asset forfeiture, the criminalization of consensual behavior, no-knock warrants, and roving wiretaps undermine the people's undermine confidence in law enforcement and the judiciary. The appropriate way to reduce crime is through renewed commitment to the rule of law: enactment of legislation that is easily understood; that makes citizens aware what behavior is not permitted and what punishment would result if violated; that is enforced consistently and impartially to protect individual rights; and that is subject to judicial review.
3. CRIMINALIZED CONSENSUAL BEHAVIOR
Because only actions that infringe on the rights of others can properly be termed crimes, we strive for the repeal of all state and local laws creating "crimes" without victims. In particular, we advocate repeal of all laws restricting or prohibiting the use or sale of alcohol, sexually explicit material, sexual acts between consenting adults, [and] drugs within and without the standard pharmacopoeia and laws prohibiting voluntary termination of one's own life or medical assistance with such termination. We wish to see an end to the state's legal monopoly of gambling; cessation of random police roadblocks; and the repeal of anti-racketeering statutes. Finally, we oppose third party liability related to any product or behavior, be it holding bartenders or hosts responsible for the behavior of customers and guests, or the attempt to blame gun manufacturers for the criminal use of their products by consumers.
We demand the use of executive pardon to free all those presently incarcerated and exonerate those ever convicted solely for the commission of these "crimes."
We recognize that the federal government often blackmails states with the threat to withhold federal funds when states refuse to enact the types of laws under discussion. We applaud all cases in which the State of Georgia refuses to be so coerced. Further, we urge the State of Georgia to resist such federal blackmail in any and all cases where the result of complicity in such "programs" would be the undermining of individual rights in Georgia.
4. THE WAR ON DRUGS
We believe the so-called "War on Drugs" is more accurately described as a war on freedom and the U.S. Constitution. It has provided a rationale by which the power of the state has been expanded to restrict greatly our 4th Amendment right to privacy, and poses an especially grave threat to individual liberty and to domestic order. Therefore, we call for the repeal of all laws establishing criminal or civil penalties for the manufacture, use, or sale of drugs. We wish to see an end to "anti-crime" measures that limit our rights to keep and bear arms and that restrict individual rights to be secure in our persons, homes, and property. Furthermore, the "War on Drugs" serves as a subsidy for illegal drug dealers by driving up their profit margin, and has the unintentional effect of increasing crime in our society.
5. THE WAR ON TERRORISM
While all Americans have a legitimate concern about terrorism, we believe that the new "War on Terrorism" is being used by politicians and demagogues to promote extraordinary and unnecessary increases in government power. Most of these powers had been previously proposed and rejected as part of other government efforts such as the so-called "War on Drugs". It continues the false rationale by which the state seeks to restrict our 4th Amendment right to privacy, without securing our lives or property in any meaningful way. Therefore, we call for the repeal of the misnamed USA PATRIOT Act and its successor legislation.
6. ASSET FORFEITURE
Under contemporary policy, government agencies commonly seize assets of individuals in criminal and civil cases. Too often this asset forfeiture occurs when individuals are never charged with criminal activity, let alone convicted. This violation of 4th and 5th Amendment rights to privacy and property has corrupted law enforcement nationwide, since police jurisdictions keep a share of seized assets. Such bald abridgements of the rule of law undermine the people's sense of justice. The Libertarian Party of Georgia calls for the repudiation of asset forfeiture statues. We also oppose pretrial seizure of property in all cases.
7. SAFEGUARDS FOR THE CRIMINALLY ACCUSED
We take seriously the American ideal that all citizens are presumed innocent of criminal activity until and unless they are proved guilty in a court of law. We are thus opposed to reduction of constitutional safeguards of the rights of the criminally accused.
We decry the debasement of "civil" law as a means to avoid both the due process protections of criminal law and the Constitutional prohibition against double jeopardy.
Preventive detention and "no-knock" warrants corrupt the clear and historical intent of the Bill of Rights. We consider police use of excessive force a violation of the rights of the disorderly and the criminally accused. We reject the notion that any criminally accused person in some way "deserves" instant punishment.
We support full restitution for all loss suffered by those whose person or property is injured in the course of criminal proceedings that do not result in their conviction. However, we find the use of taxpayer funds for this restitution to be an added insult, allowing those perpetrators to escape their responsibility while adding taxpayers to the list of victims of such abuses. When they are found responsible, government employees, agents, or law enforcement officials should be held personally liable for this restitution.
We call for a reform of the judicial system to allow criminal defendants and civil parties to a court action a reasonable number of peremptory challenges to proposed judges, similar to their right under the present system to challenge a proposed juror.
8. JURIES
We consider the current practice of forced jury duty to be involuntary servitude, just as we also see the military draft and compulsory education; therefore we favor all-volunteer juries. In addition, in all cases to which the government is a party, the judge should be required to inform the jurors of their right under Georgia's Constitution to be judges of the law as well as the facts, and to instruct them to acquit a criminal defendant, and to find against the government in a civil trial, whenever they deem the law unjust or oppressive.
9. INDIVIDUAL SOVEREIGNTY
For individuals as well as governments, the only legitimate use of force is in the defense of individual rights -- life, liberty, and property acquired by mutual consent -- against aggression, whether by force or fraud. We believe individuals have the right to ask for help as well as the right to provide help to others in these defenses.
The right of defense extends to defense against aggressive acts of government. We favor an immediate end to the doctrine of "Sovereign Immunity" which ignores the primacy of the individual over the abstraction of the State, and holds that the State, contrary to the tradition of redress of grievances, may not be sued without its permission or held accountable for its actions under civil law.
10. GOVERNMENT AND MENTAL HEALTH
We oppose the involuntary commitment of any person to or for involuntary treatment in a mental institution. We oppose the recent use of mental testing as a response to lawful dissent.
We advocate an end to the spending of tax money for any program of psychiatric, psychological, or behavioral research or treatment.
We favor an end to the acceptance of criminal defenses based on "insanity" or "diminished capacity" which absolve the guilty of their responsibility.
11. FREEDOM OF COMMUNICATION
As Libertarians, we believe a robust marketplace of ideas is essential for a free society. Accordingly, we defend the rights of individuals to unrestricted freedom of speech and freedom of the press in all media, including the internet. We hold that the First Amendment unequivocally protects the right of individuals to dissent from government itself.
We recognize that full freedom of expression is possible only as part of a system of full property rights: the freedoms to use one's own voice; to hire a hall; to own a printing press, broadcast station, transmission cable, or internet server; to wave or burn one's own flag; and to exercise similar property-based freedoms: these are precisely what constitute freedom of communication. At the same time, we recognize that freedom of communication does not extend to the coerced use of other people's property to promote one's ideas without the voluntary consent of the owners.
We oppose any expansion of common law restrictions on the right of free speech such as slander and libel laws. We oppose any abridgment of the freedom of speech through government censorship, regulation, or ownership or control of communications media. These include, but are not limited to, laws concerning:
- Commercial speech or advertising;
- Obscenity, including "pornography", as we hold this to
be an abridgment of liberty of expression despite unsubstantiated
claims that it instigates rape or assault, or demeans and
slanders women;
- Reception and storage equipment, such as radar warning
devices, and the manufacture of video terminals by telephone
companies;
- Internet servers, communications networks, and other interactive
electronic media as we hold them to be the functional equivalent
of speaking halls and printing presses in the age of electronic
communications, and as such deserving of full freedom; and
- Electronic newspapers, electronic "Yellow Pages", and
other new information media, as these deserve full freedom.
We oppose speech codes at all schools that are primarily
tax funded, and we counsel against their use at privately
funded institutions. That some language is found offensive
by certain groups or individuals is not a cause for legal
action.
We oppose government ownership or subsidy of, or funding
for, any communications organization -- specifically public
broadcasting.
We strongly oppose the government's burgeoning practice of
invading newsrooms or the premises of other innocent third
parties in the name of law enforcement. We further oppose
court orders gagging news coverage of criminal proceedings
-- the right to publish and broadcast must not be abridged
merely for the convenience of the judicial system. We deplore
any efforts to impose thought control on the media, either
by the use of anti-trust laws, by government payments to broadcast
outlets or content providers for including "proper" story
lines in entertainment programming, or by any other government
action in the name of stopping "bias."
Removal of all of these regulations and practices throughout
the communications media would open the way to diversity and
innovation. We shall not be satisfied until the First Amendment
is expanded to protect full, unconditional freedom of communication
in all media.
12. FREEDOM OF RELIGION
We defend the rights of individuals to engage in (or abstain from) any religious activities that do not violate the rights of others. We hold that exercise of this freedom does not enhance nor diminish an individual's right to participate in secular political activity. In order to defend freedom, we oppose government actions that either aid or attack any religion. We oppose taxation of church property for the same reason that we oppose all taxation. We oppose the harassment of churches by the Georgia Department of Revenue through threats to deny tax-exempt status to churches that refuse to disclose massive amounts of information about themselves. Government harassment or obstruction of religious groups for their beliefs or non-violent activities must end. We also recognize that the expression "wall between church and state" does not appear in the U.S. Constitution; we believe public expressions of religious belief on government property are not in and of themselves a threat of religious establishment.
13. THE RIGHT TO PROPERTY
Property rights and human rights are mutually dependant;
we believe the idea of human rights without property rights
is a fantasy that has never existed in practice. Since property
rights are the rights of humans with respect to property,
they are entitled to the same respect and protection as all
other human rights. Indeed, self-ownership is the basis of
such rights as the freedom from involuntary servitude, freedom
of speech, and freedom of the press. Our bodies are our property
every bit as much as is justly acquired land or material objects.
Further, one's body is one's to do with as one sees fit and
is not the concern of the state in any measure.
We further hold that the owners of property have the full
right to control, use, dispose of, or in any manner enjoy,
their property without interference, until and unless the
exercise of their control infringes the valid rights of others.
We oppose all violations of the right to private property,
liberty of contract, and freedom of trade done in the name
of national security, the wars on drugs or terrorism, or public
health. We also condemn current government efforts to regulate
or ban the use of property in the name of aesthetic values,
historic preservation, riskiness, moral standards, cost-benefit
estimates, or the promotion or restriction of economic growth.
We hold that zoning laws are an intolerable violation of property
rights. We specifically condemn all government interference
in the operation of private businesses by either requiring
or prohibiting designated smoking or non-smoking areas for
their employees or their customers.
We demand an end to the taxation of privately owned real
property, for property taxes have the effect of making the
State the owner of all lands, and force individuals to rent
their homes and places of business from the State. We condemn
attempts to employ eminent domain to municipalize sports teams
or to try to force or appease them to stay in their present
location.
Where property, including land, has been taken from its rightful
owners by the government or by private action in violation
of individual rights, we favor restitution to the rightful
owners.
14. PROTECTION OF PRIVACY
Present practice demonstrates that the biggest threat to
an individual's privacy is not industry or fellow citizens,
but government at all levels. We hold the right to privacy
should not be infringed by the government. The state should
not use any covert surveillance of an individual's actions
or private property without the consent of the owner or occupant.
Correspondence, financial records, doctors' and lawyers' communications,
employment records, and the like should not be open to review
by government without the consent of all parties involved
in those actions; accordingly, we oppose proposals for government
mandated central databases of medical records, and the attempt
by federal regulators to institute the "know your customer"
rule for financial institutions.
We oppose any government use of search warrants to examine
or seize materials belonging to innocent third parties. We
also oppose police roadblocks aimed at randomly, and without
probable cause, testing drivers for intoxication and police
practices to stop mass transit vehicles and search passengers
without probable cause.
So long as government agencies' compilations of data on an
individual continue to exist, they should be conducted only
with the consent of the persons from whom the data is sought.
If a private employer screens prospective or current employees
via questionnaires, polygraph tests, urine tests for drugs,
blood tests for AIDS, or other means, this is a condition
of that employer's labor contracts. Such screening does not
violate the rights of employees, who have the right to boycott
such employers if they choose. Private contractual arrangements,
including labor contracts, must be founded on mutual consent
and agreement in a society that upholds freedom of association.
On the other hand, we oppose any use of such screening by
government or regulations requiring government contractors
to impose any such screening.
We oppose government regulations that require employers to
provide health insurance coverage for employees, which often
encourage unnecessary intrusions by employers into the privacy
of their employees.
We categorically oppose the creation by the government of
an identity card, to be required for any purpose, such as
employment, voting, or licensing. This opposition extends
to state laws requiring fingerprinting as a condition of drivers,
firearms, and/or professional licensing.
We further oppose the nearly universal requirement for use
of the Social Security Number as a personal identification
code, whether by government agencies or by intimidation of
private companies by governments.
15. FINGERPRINTING:
It is our position that no jurisdiction in a free state has
the right to require fingerprinting of citizens without probable
cause, or without their freely given consent. We therefore
urge the State of Georgia to cease its complicity in the Federal
government's pattern of legislative blackmail, whereby it
threatens to withhold federal highway funds unless Georgia
requires the fingerprinting of applicants for new or renewal
drivers licenses; such coercion is not worthy of a legitimate
government. Until the time that the state ceases altogether
to interfere with an individual's inherent right to travel
freely, we urge the repeal of this drivers' license fingerprint
law.
16. THE RIGHT TO KEEP AND BEAR ARMS
The Bill of Rights recognizes that an armed citizenry is
essential to a free society. We affirm the 2nd Amendment right
to keep and bear arms belongs to individuals, and we oppose
all laws at any level of government restricting, regulating,
or requiring the ownership, manufacture, transfer, or sale
of firearms or ammunition. We oppose all laws requiring registration
of firearms or ammunition, for history has shown registration
leads inevitably to confiscation. We also oppose any government
efforts to ban or restrict the use of other self-protection
devices such as tear gas, "mace," or tasars. We further oppose
all attempts to ban weapons or ammunition on the grounds that
they are risky or unsafe. We especially decry attempts to
use the court system to create an illegitimate concept of
"strict liability," which would hold firearms manufacturers
financially liable for third party uses of a lawful product
that functions exactly as advertised and allowed.
17. GOVERNMENT DISCRIMINATION & FREEDOM OF ASSOCIATION
No level of government can be allowed to deny, abridge, or
enhance the individual rights of members of any group at the
expense of other people's rights, no matter how well-intentioned.
This includes attempts to classify people on the basis of
sex, wealth, race, color, creed, age, national origin, personal
habits, political preference, genetic makeup, or sexual orientation.
Protective labor laws, so-called "hate crime" laws, and other
laws that violate rights selectively should be repealed entirely
rather than be extended to all groups.
Discrimination imposed by the government has brought disruption
in normal relationships of people, set neighbor against neighbor,
created gross injustices, destroyed voluntary communities,
and diminished human potential. Anti-discrimination laws enforced
by the government are the reverse side of the same coin, and
for the same reasons create the same problems. Consequently,
we oppose any government attempts to regulate private discrimination,
including choices and preferences, in employment, housing,
and privately owned businesses. The right to trade includes
the right not to trade -- for any reasons whatsoever; the
right of association includes the right not to associate,
for exercise of the right depends upon mutual consent. We
agree with Friedrich Hayek that radical egalitarianism --
socialism -- is incompatible with individual freedom.
18. "HATE" CRIMES
The Libertarian Party of Georgia opposes what are commonly
called "hate crimes." We oppose all attempts to prosecute
people because of their thoughts or words. We support the
vigorous prosecution of criminals only for their criminal
acts. We do not believe people should be criminal penalized
in any way for their beliefs, for that would be criminalizing
dissent. We oppose all legislation providing enhanced or reduced
penalties for crimes based upon the bias or prejudice of the
criminal in selecting the victim or property. Therefore we
believe Georgia should repeal the 2000 Hate Crimes statute
immediately.
19. SEXUAL RIGHTS AND THE STATE
We hold that individual rights should not be denied or abridged
on the basis of sex or sexual preference. We call for repeal
of all laws discriminating against women, such as protective
labor laws. We oppose all laws likely to impose restrictions
on free choice and private property or to widen tyranny through
reverse discrimination. We affirm the right of adults to private
choice in consensual sexual activity.
Government must neither dictate, prohibit, control, nor encourage
any private lifestyle, living arrangement or contractual relationship.
We therefore call for repeal of all legislation and state
policies intended to condemn, affirm, encourage or discourage
sexual lifestyles or any set of attitudes about such lifestyles;
this specifically extends to Georgia's infamous sodomy laws
as they relate to consenting adults.
Recognizing that abortion is a very sensitive issue and that
libertarians can hold good-faith views on both sides, the
Libertarian Party of Georgia believes the government should
be kept entirely out of the question, allowing all individuals
to be guided by their own consciences. We oppose legislation
restricting or subsidizing women's access to abortion or other
reproductive health services; this includes requiring consent
of the prospective father, waiting periods, and mandatory
indoctrination on fetal development, as well as Medicaid or
any other taxpayer funding. It is particularly harsh to force
someone who believes that abortion is murder to pay for another's
abortion.
We also condemn state-mandated abortions.
It is the right and obligation of the pregnant woman, not
the state, to decide the desirability or appropriateness of
prenatal testing, Cesarean births, fetal surgery, voluntary
surrogacy arrangements, and/or home births.
20. FAMILY LIFE
We support protection of the integrity of families and households
as contractual institutions against government intrusion and
interference. Such governmental interference has undermined
the value of families and households as cultural institutions
of love, nurture, companionship, kinship, and personal development
by forcing them to conform to a rigid, inflexible design.
Moreover, we condemn the usurpation by government through
morals laws, government welfare programs, and government schools,
of activities long carried on by families and households.
We further accuse government of designing educational programs
that place civic and moral education under the control of
politicians and of designing welfare laws that destroy families
and households. |