"Alleged Neo-Nazi's Kids Taken":

So reports the Winnipeg Free Press: "Child and Family Services recently seized two young kids from a Winnipeg home based on concerns their father -- an alleged neo-Nazi -- was filling their heads and marking their bodies with messages of hate, the Free Press has learned."

Child and Family Services is apparently arguing that "The children may be at risk due to the parents' behaviour and associates. The parents might endanger the emotional well-being of the children." (It's not clear who made the markings and why the girl didn't cover them up, but it is pretty clear that the parents were teaching the girl the message behind the markings.) CFS seems to be willing to return the children, but apparently just because the mother, something of a white supremacist herself, had "recent[ly] separat[ed] from [the white] supremacist husband."

Now the parents here may be poor parents for various reasons. Among other things, "[t]here are also concerns about parental drug and alcohol use in the home," and apparently a good deal of missed school supposedly caused by the parents' liking to sleep late.

Nonetheless, the article -- and other press coverage I'd seen -- does suggest that a big part of this matter turns on what the parents are teaching the children. (According to the CFS, "Religious (and) political practices that would be harmful to children and cause them to be at risk would be one of the considerations when assessing risk to a child," and CFS's definition of harm seems to go beyond imminent danger of physical harm, such as when a religious practice leads parents to refuse to treat their children's illnesses.) And while I agree that children can indeed be harmed by their parents' teaching them bad ideas, it strikes me as very dangerous for the government to be able to take children away from parents on these grounds. Imagine whom the government might decide to turn against next.

George Weiss (mail) (www):
nice catch
6.16.2008 6:43pm
DangerMouse:
Imagine whom the government might decide to turn against next.

That's easy. Christians who teach their kids that homosexuality is a sin.
6.16.2008 6:51pm
one of many:
So it's Canada, the country seems to have given up on being a free society.
6.16.2008 7:03pm
Zed:
Now if only Canada has some sort of guarantee of the "freedom of belief", and it placed that guarantee in a type of binding constitutional document, a "charter", if you will.
6.16.2008 7:14pm
Splunge:
Imagine whom the government might decide to turn against next.

Or imagine that the government is Nazi, and the parents are trying to teach their children that Jews are actually OK and don't secretly rule the world.

But that would never happen, huh? To weird to be imagined.
6.16.2008 7:18pm
john w. (mail):
Yeah, well, this took place in Canada, so whaddya expect .... Here in the good ol' USA (Land of the Free, etc) the Gov't would never dream of seizing children just because the parents happen to believe in some unpopular ideology, now would they? {{sarcasm off}}

First they came for the polygamists' children, but I didn't speak out because I wasn't a polygamist; then they came for the neo-nazis' children ...
6.16.2008 7:19pm
Russ (mail):
When the government begins taking children due to their parents beliefs, the country in question is likely one government overstep from revolution.
6.16.2008 7:25pm
Mary Katherine Day-Petrano (mail):
Why should anyione be surprised? California takes away a biological parent's stable child custody after 15 years of status quo (no parental unfitness), predicated solely on the grandfather's and non-biological step-grandmother's ability to do better:

1. Live in a 5-bedroom house with a big swimming pool;
2. Earn more than $12,500 per month as compared to the parent, a new law school grad;
3. Afford vacations 3-4 times per year, including annual Hawaii trips;
4. Ability to give the grandchild $3000 cash per week;
5. End the parent's idea of raising the child in the Catholic religion and remove the child from parochial school.

California is one of the few jurisdictions in the U.S. that claims its grandparent visitation statute is constitutional, but as applied, the only thing California judges consider, in actual fact, is the grandparent's wealth in light of the "bests interests" of the grandchild.

They like to call it "grandparent visitation," but California courts award wealthy grandparents up to five days per week of grandparent visitation, more than 1/2 the summer, 1/2 the holidays, and impose non-move orders on the parent to prevent the parent from obtaining post-law school employment in another geographic area.

Hon. Ming Chin is the only one who got it right in the most recent Calif. Sup. Ct. "grandparent visitation" debacle, and really, the Supreme Court needs to grand cert on one of these cases coming from Calif and reinforce Troxler.

Because the way Calif. is headed, if a parent gets the bautician to give the child the wrong haircut, the grandparents who constitute the majority of the Calif. Sup. Ct. and Superior Ct. Bench in the State, will hire several attorneys to obtain an award custody under the guise of a "grandparent visitation" to a grandparent who files a Petition alleging it is in the "best interests" of the child that he or she will give a better haircut and a host of other Foo Foo Dust under the care, direction, and control of the grandparents.

Wait until YOU lose custody of your children to the grandparents who nit pick how you raise your own children ...
6.16.2008 7:26pm
Mary Katherine Day-Petrano (mail):
corr:
"anyione" = anyone
" bautician" = beautician
" ... the grandparents who constitute the majority of the Calif. Sup. Ct. and Superior Ct. Bench in the State, ..." = ... the grandparents, who likewise constitute the majority of the Calif. Sup. Ct. and Superior Ct. Bench in the State, ..."

At least I can say, grandparent visitation is the ONE subject the FLorida Supreme Court got right.
6.16.2008 7:31pm
Richard Aubrey (mail):
I can imagine whose kids they won't take away.
6.16.2008 7:58pm
pmorem (mail):
... and with each flexing of its power, The Beast grows stronger, while we become more accustomed to its touch.

The State is not your friend.
6.16.2008 8:12pm
Bill Poser (mail) (www):
A precedent for this sort of thing on a larger scale is the seizure of Indian children to attend residential schools, the purpose of which was to destroy their language and culture and teach them that their traditional culture was inferior and satanic. A precedent on a smaller scale was the seizure of 170 Doukhobor children in British Columbia in 1953. These children were interned in a residential school at New Denver until 1959. (The bad taste that this incident left in the public mouth is one of the reasons that BC has been so hesitant to take action against the polygamist Mormons in Bountiful, a branch of the same group recently in the news in Texas.)
6.16.2008 8:13pm
Snarky:

Imagine whom the government might decide to turn against next.


More worshiping of slippery slopes.

Basically, I think that a lot of Volokh's ideas spring from an irrational fear of slippery slopes.

By the way, a poorly argued Harvard Law Review article does not transform irrational fears into rational fears.
6.16.2008 8:44pm
A. Zarko (mail):
Would CPS take a Muslim's children away because of their attitude towards Jews? I doubt it. They would be afraid of a violent and perhaps lethal confrontation.
6.16.2008 8:47pm
Uthaw:
First they came for the neo-Nazi's kids, and I didn't speak up because I wasn't a neo-Nazi!

In other news, the Gaede twins are almost legal...
6.16.2008 8:53pm
ReaderY:
In all honesty it's not so clear to me that the U.S. constitution tells you what to do in the event of a dispute between parents and grandparents. It doesn't contain the answers to all life's problems.
6.16.2008 9:08pm
General Disarray:

By the way, a poorly argued Harvard Law Review article does not transform irrational fears into rational fears.


Yes, and a snarky claim that a Harvard Law Review article was poorly argued does not make it so.

Hey, I like this game!
6.16.2008 9:14pm
Richard Aubrey (mail):
Snarky.
The point about slippery slopes is that the people who deny them are the ones trying to get behind you.
Then, when you're at the bottom, it's "Too late, chumps. You were dumb enough to believe me."
6.16.2008 9:25pm
Glenn W. Bowen (mail):

So it's Canada, the country seems to have given up on being a free society.


Coming to a Federal Government near you... soon.
6.16.2008 9:53pm
allberst:
Wasn't there an episode of Boston Legal similar to this?
6.16.2008 10:16pm
wuzzagrunt (mail):
one of many wrote:

So it's Canada, the country seems to have given up on being a free society.

The US is not very far behind our northern cousins. Perhaps 7 months. Give or take.
6.16.2008 10:39pm
whit:

The point about slippery slopes is that the people who deny them are the ones trying to get behind you.
Then, when you're at the bottom, it's "Too late, chumps. You were dumb enough to believe me."


noted that the santayana famous quote, so often used in internet argumentation... "first they came for..." IS slippery slope in a soundbite...
6.16.2008 11:03pm
George Tenet Fangirl:
Surely there are some ideas that parents should be prevented from teaching their children, though. Would it be inappropriate to remove a child from parents who were teaching her to murder Jews?
6.16.2008 11:15pm
Clayton E. Cramer (mail) (www):

Surely there are some ideas that parents should be prevented from teaching their children, though.
Yes, that homosexuality is a sin.
6.16.2008 11:39pm
Joe Bingham (mail):
EV is right, of course.

And if there's anything the Texas debacle taught us, it's that you can't believe what spokespeople in my industry say about what's going on in the home anyway.
6.16.2008 11:43pm
Glenn W. Bowen (mail):
noted that the santayana famous quote, so often used in internet argumentation... "first they came for..." IS slippery slope in a soundbite...

*Martin Niemöller*
6.16.2008 11:50pm
Another Old Navy Chief (mail):
George Tenet Fangirl asked:


Surely there are some ideas that parents should be prevented from teaching their children, though. Would it be inappropriate to remove a child from parents who were teaching her to murder Jews?


I believe there is a difference between an idea such as "Jews are moneygrubbers." (Just an example, not my personal opinion...) and encouragement to action, ie teaching her to murder Jews...

Just my two cents worth.
6.17.2008 12:03am
PatHMV (mail) (www):
Eugene, I agree with your general point. If this was purely a matter of teaching hateful beliefs and philosophies, it would be a no-brainer for me.

Where I see a little more room for concern is the alleged tattoos. Permanently marking a child with, say, a swastika on the forehead would seem to me to come much closer to the type of real, physical harm that the state could legitimately intervene. On the other hand, I wouldn't want to see the state getting involved because some parent is willing to allow their 16 year old daughter to get a "tramp stamp" tattoo just above her rear end, or because the parents are willing to consent to their minor son getting some kind of vaguely thugish tattoo on his arm. What do you think about the tattoo aspect of the case?
6.17.2008 12:05am
martinned (mail) (www):
While I'm as concerned as the next guy about some of the things that have been done by family courts in the US under the guse of "best interest of the child", I would advocate some flexibility here. Let me just see what the article says that might be relevant:

- seven-year-old girl and two-year-old boy.
- she showed up one morning in class with disturbing scrawlings on her body, including a swastika and the common white-supremacist tag of "14/88." The number 14 refers to a familiar slogan containing 14 words -- "We must secure the existence of our people and a future for white children." The 88 represents the letters HH (the eighth in the alphabet) to mean "Heil Hitler."

It doesn't say anything about tattoos, and I'm not sure if I'm necessarily convinced by the "emotional well-being" angle. So based on the article, I'd say the government was wrong, but I'm not sure if they were wrong enough to warrant moral outrage.
6.17.2008 7:25am
Richard Aubrey (mail):
The neo-nazis need to start blowing things up.
That's how to earn tolerance these days.
6.17.2008 7:59am
Evil Pundit (mail) (www):
What if some parents were allowing their children to attend a Black Liberation Theology church in, say, Chicago, where hatred of white people was preached by the pastors? Would that be grounds for removal?
6.17.2008 8:03am
blackminorcapullets (mail) (www):
Not surprising coming from the country that gave us our first concentration camps.

http://www.infoukes.com/history/internment/gallery/
6.17.2008 8:52am
Stacy (mail) (www):
Just to stir the pot a bit, Finland murdered or expelled its communist agitators (to the tune of 50,000 or more) in the late 1930s and was subsequently spared the ideological struggles of postwar Europe. There are other similar examples, but this is probably the one most relevant to us, as it took place in a liberal democratic country with an Enlightenment intellectual tradition.

It is my wont to believe that as long as all ideas get equal treatment under the law, the marketplace of ideas will prevent bad ideologies from gaining traction. But then I read about the latest Stalinism on a US college campus and Finland tugs at the back of my mind. Now the isolated campus phenomenon has made the jump to civil government in an English-speaking, common-law country. What next?
6.17.2008 8:54am
yankev (mail):
Clayton Cramer, thanks for the reminder that many who claim to be arguing for equal rights are in fact seeking to enact thought crimes.
6.17.2008 9:07am
Indga (mail):
They'll never do this to Muslim parents who send their kids to mosques which teach them to hate and kill.
6.17.2008 9:25am
Richard Aubrey (mail):
Speech police lead to thought police...?
I am thinking of a horrifying scifi short whose refrain was "It's a GOOD day!"
Anybody remember the plot?
6.17.2008 9:47am
J. F. Thomas (mail):
Not surprising coming from the country that gave us our first concentration camps.

Actually, we were interning our native peoples by the mid 1800's. Our treatment of the Apaches was particularly harsh and became a tool of war as we used internment in order to starve out the warriors in Arizona in the 1880s. The British actually coined the term "Concentration Camp" during the Second Boer War (where at least 35,000 people, mostly women and children, died of disease and privation) for their internment camps.

And it was not just the Canadians who took their native children away from their parents in order to destroy their culture. The Australians did it to the Aborigonies (until the 1960's). The U.S. did the same thing. As late as the 1960's at Indian Boarding Schools in this country speaking in a native tongue was a cause for harsh punishment as the U.S. government tried to destroy pride in native culture and traditions.
6.17.2008 10:26am
Andrew B:
Keep in mind that, while this article emphasizes the mother's beliefs, this may not have been the prime reason the kids were apprehended. Other, more mundane reasons for the seizure of the kids are hinted at in this sentence:

"The relationship was wrought with financial difficulties and brushes with the criminal justice system"

Also keep in mind that any time kids are seized in Cnada, parents have free legal counsel appointed and the right to have custodial issues tried in court. The article is intriguing, but I wouldn't jump to conclusions about whether or not Canada is a free society without having all the facts!
6.17.2008 11:07am
Richard Aubrey (mail):
"financial difficulties and brushes with the law".
How many families qualify under that?
Of them, how many....?
You can figure that out, I expect.
6.17.2008 11:26am
Lily James (mail):
"Basically, I think that a lot of Volokh's ideas spring from an irrational fear of slippery slopes."

Not irrational, but rational concerns. Just take a look at history. Its filled with instructive examples of escalating threats. People didn't want to rock the boat, didn't want unwelcome attention, were too busy to speak out - and bad things happened.
6.17.2008 12:12pm
Clayton E. Cramer (mail) (www):

Basically, I think that a lot of Volokh's ideas spring from an irrational fear of slippery slopes.
Yup, irrational. Why, in 1976, when Massachusetts voters were discussing adoption of a state ERA provision, there were lunatic fringe sorts who claimed that it would lead to homosexual marriage. Proponents said that of course it wouldn't. And it did.

I don't know if anyone was farseeing enough to warn that legalizing homosexuality in California back in 1975 would lead to the California Supreme Court overturning the voters about the definition of marriage, but that slope was greased up pretty good because of who benefited from it.

It must be wonderful to be 3% of the population that always gets its way.
6.17.2008 1:04pm
Aultimer:

a good deal of missed school supposedly caused by the parents' liking to sleep late.


You're all missing the point - this is the latest abuse by "morning people" of my favorite not-yet-protected class, the "night people".


Cramer:

It must be wonderful to be 3% of the population that always gets its way.


Ooo, those darn lucky duckies!
6.17.2008 1:52pm
Floridan:
Seems to me that had there not been issues of "parental drugs and alcohol use in the home," the child missing a significant number of school-days due to parental indifference and "brushes with the criminal justice system," this would be a whole different story.

I may have been better had the provincial government used some other method of intervention, but it would have been worse for everyone had it just ignored the situation.
6.17.2008 2:12pm
J. F. Thomas (mail):
It must be wonderful to be 3% of the population that always gets its way.

Yeah Clayton, its a good thing gays don't like guns. They would be an unstoppable force.
6.17.2008 2:35pm
Richard Aubrey (mail):
J.F. Seen anything to indicate they're not?
6.17.2008 3:37pm
Ohismith (mail):
At what point do the children have any rights to be free of their parents' [wacko] teachings? And as the children are particularly unable to help themselves get free, the gov't has to help them.
Aren't you the same crowd that seems to think the fetus has a right to life? How come the kids don't have any rights against their parents once they are born?
6.17.2008 3:47pm
Stacy (mail):
Ohiosmith: "At what point do the children have any rights to be free of their parents' [wacko] teachings?"

At the point where they are 18 years old. And these particular parents' teachings may be wacko to you, but to Clayton a homosexual parent's teachings are wacko, just like a Muslim would see Jewish teachings as wacko, Baptists see other Baptists's teachings as wacko, etc. Who's in charge of the government today? Tomorrow?

The argument really isn't 'slippery slope' so much as that letting the government into the business of deciding wacko-ness presents potential for abuse vastly beyond any damage the odd neo-nazi household is capable of inflicting on liberty.
6.17.2008 4:27pm
Russ (mail):
At what point do the children have any rights to be free of their parents' [wacko] teachings?

When they turn 18.

Be careful - your "wacko teachings" might be next on the government's list of things children should not be taught.
6.17.2008 4:41pm
Ohismith (mail):

Stacy: Ohiosmith: "At what point do the children have any rights to be free of their parents' [wacko] teachings?"

At the point where they are 18 years old.


So, let me get this straight: the fetus has rights against its mother. But as soon as it's born, it has to wait till age 18 for those rights to reinstate? Huh?
6.17.2008 4:52pm
wfjag:
Completely off-point Professor, but the Brits have beat us to the punch again:

"50 office-speak phrases you love to hate"

http://news.bbc.co.uk/2/hi/uk_news/magazine/7457287.stm

The name of the article says it all, and still reflects British understatement.

I think you should let VC readers submit their least favorite legalese phrases -- and see if VC can top the BBC for finding common, truly horrid phrases used by lawyers and judges.
6.17.2008 5:01pm
Pat C (mail):
Richard Aubrey said,

"... thought police? I am thinking of a horrifying scifi short whose refrain was 'It's a GOOD day!' Anybody remember the plot?"

That was the 1954 Jerome Bixby horrifying scifi/fantasy story "It's a Good Life", which did use as a refrain "It was a good day"..

A child who could do anything made his small town disappear out of the real world into a grey void. Everyone had to only do things he liked, or be killed or transformed into something horrible. And since he could read emotions you had to always think happy thoughts whenever you thought he was around.


That was also made into a Twilight Zone episode (the original series).
6.17.2008 6:10pm
Clayton E. Cramer (mail) (www):

And these particular parents' teachings may be wacko to you, but to Clayton a homosexual parent's teachings are wacko, just like a Muslim would see Jewish teachings as wacko, Baptists see other Baptists's teachings as wacko, etc. Who's in charge of the government today? Tomorrow?
There's a lot of ideas out there that seem pretty whacko to me, but I'm not a liberal, so I don't think it is the government's job to run around taking away kids because the parents have whacko ideas. Ideas aren't the big danger; it's actions. I just recognize that if liberals get their way, Christians will lose the right to raise their own children. After all, anything that doesn't promote homosexuality is just bigotry, isn't it?
6.17.2008 7:09pm
Clayton E. Cramer (mail) (www):

Yeah Clayton, its a good thing gays don't like guns. They would be an unstoppable force.
Actually, there are gay gun rights activists. But who needs guns when you have the tyrants in the black robes on your side?

And as others have pointed out, gays are already a nearly unstoppable force. It is not just that judges are ruling in their favor in areas that are ambiguous; they are ruling in their favor where the majority has clearly spoken, and there is no plausible claim that the constitutional provisions in question were intended to prevent discrimination against homosexuals.

I keep having this fantasy of writing a novel where conservatives somehow end up back in power, and judges use their secret decoder rings to find a constitutional right to live in a society free of homosexuals, and pornography, and alcohol--and the majority fusses about it for a while, but eventually recognizes that it doesn't matter what the majority wants, because the judges are in charge.
6.17.2008 7:14pm
Ohismith (mail):
What, no alcohol? Why???
6.17.2008 7:46pm
Clayton E. Cramer (mail) (www):

What, no alcohol? Why???
I wouldn't push for a ban on alcohol, but alcohol is certainly quite destructive socially, causing high rates of murder, suicide, rape, child molestation, industrial accidents, motor vehicle accidents--indeed, almost anything that involves machinery and alcohol.
6.17.2008 10:07pm
Richard Aubrey (mail):
Pat C.
Damn. The folks at VC know everything.

Anyway, it strikes me that, in Canada, one might have to monitor one's thoughts for fear of one of them leaking into speech.

So, "it's a GOOD day." will be the new Canadian motto.
Right after Dave Barry's offering, "Technically, a country."
6.17.2008 10:12pm
Freedom!:
This is precisely where we are headed in the United States. Several posters here have already pointed it out, there are those on the left that dream of that day that they can take kids from Christians, Creationists, those who believe homosexuality is evil, or even those who refuse to believe in global warming.

So much for the fundamental right of parents to direct the upbringing of their children.

In any case, those who do not fall into the liberal "approved" category better stock up now on food, ammunition, guns and supplies, as the day is inevitable.

I can only speak for myself, but I suspect that this type of action in the United States would result in the exercise of the "reset button" contained in the Constitution via the 2nd Amendment.

"Whenever any form of government becomes destructive ... it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
6.17.2008 10:55pm
mockmook:
Mommy pissed me off...

I know, I'll just use this magic marker to make a swastika on my arm...later mom, HAA!!!!
6.17.2008 11:27pm
Aaron Armitage (mail):
"So, let me get this straight: the fetus has rights against its mother. But as soon as it's born, it has to wait till age 18 for those rights to reinstate? Huh?"

An even more important question: why should the right to be free of beliefs the state considers wacko END at 18? Shouldn't adults have the right to free and compulsory goodthinking too?
6.18.2008 3:29am
Ben Clark:
"So, let me get this straight: the fetus has rights against its mother. But as soon as it's born, it has to wait till age 18 for those rights to reinstate? Huh?"

No, I'm pretty sure that children retain their right not to be killed by their parents, no matter the age. What sort of cheap point are you trying to make?
6.18.2008 10:33am
J. F. Thomas (mail):
I keep having this fantasy of writing a novel where conservatives somehow end up back in power, and judges use their secret decoder rings to find a constitutional right to live in a society free of homosexuals, and pornography, and alcohol

Too late, Margaret Atwood already beat you to it with The Handmaid's Tale.

As for banning alcohol. We all know how well that worked out last time morality reigned in this country and we took the bold step of banning demon rum.
6.18.2008 11:12am
Clayton E. Cramer (mail) (www):

Too late, Margaret Atwood already beat you to it with The Handmaid's Tale.

There was actually quite a bit more to the situation than that.


As for banning alcohol. We all know how well that worked out last time morality reigned in this country and we took the bold step of banning demon rum.
I'm not arguing for it. I'm just pointing out the absurdity that would result if conservatives operated like liberals, finding constitutional rights that do not exist.
6.18.2008 11:57am
Clayton E. Cramer (mail) (www):

In any case, those who do not fall into the liberal "approved" category better stock up now on food, ammunition, guns and supplies, as the day is inevitable.

I can only speak for myself, but I suspect that this type of action in the United States would result in the exercise of the "reset button" contained in the Constitution via the 2nd Amendment.
Exactly. This is part of why gun control is such an important part of the left's agenda--fear that the masses won't do what they are told.
6.18.2008 11:59am
Hieronymous Coward:
Snarky:

WRT slippery slopes...take a look at the arguments from social conservatives 100 years ago. See what social consequences they predicted. See which came to pass.

I'm thinking that slippery slopes are pretty well supported by the evidence.
6.18.2008 1:23pm
Richard Aubrey (mail):
Hie:

And after all that, they still want us to believe there's nothing further planned.
Jeez.
6.18.2008 2:30pm
ray_g:
"Yeah Clayton, its a good thing gays don't like guns."

Not all gays. Ever hear of the Pink Pistols?
6.19.2008 5:05pm