Way back in 2016 Ammon Bundy and fellow “militia” members occupied the Malheur National Wildlife Refuge in Oregon as a protest of federal land use policies. Ammon Bundy is the son of Cliven Bundy, the rancher who was involved in another armed stand-off with the federal government. Cliven Bundy once owed the American taxpayers over $1 million for grazing his cattle on public land. While the right usually condemns what they see as freeloading, he became something of a hero for the right. While that itself is an interesting issue, my focus will be on discussing the ethics of protest through non-violent armed occupation.
Before getting to the main issue, I will anticipate some concerns about the discussion. First, I will not be addressing the merits of the 2016 Bundy protest. Bundy purported to be protesting against the tyranny of the federal government’s land-use policies. Some critics pointed out that Bundy benefitted from the federal government, something reminiscent of the infamous cry of “keep your government hands off my Medicare.” While the merit of the content of the protest is relevant to its moral status, my focus is on the general subject of occupation as a means of protest.
Second, I will not be addressing the criticism that if federal land were non-violently seized by people protesting Trump’s immigration policies, then the right’s response would be very different. While the subject of race and protest is important, it is not my focus here. I now turn to the matter of protesting via non-violent armed occupation.
The use of illegal occupation is an established means of protest in the United States and was used during the civil rights movement. But, of course, an appeal to tradition is a fallacy, the mere fact that something is well-established does not entail it is justified. As such, an argument is needed to morally justify occupation as a means of protest.
One argument for occupation as a means of protest is that protestors do not give up their rights simply because they are engaged in a protest. If they wish to engage in their protest where they would normally have the right to be, then it would seem to follow that they should be allowed to protest there.
One obvious reply to this argument is that people do not automatically have the right to engage in protest in all places they have a right to visit. For example, a public library is open to the public, but it does not follow that people thus have a right to occupy a public library and interfere with its operation. This is because the act of protest would violate the rights of others in a way that would seem to justify forbidding the protest.
People also protest in areas that are not normally open to the public or whose use by the public is restricted. This would include privately owned areas as well as public areas that have restrictions. In the case of the Bundy protest, public facilities are being occupied. However, Bundy and his fellows used the area in a way that would normally not be allowed. People cannot, in the normal course of things, just take up residence in public buildings. This can also be regarded as a conflict of rights, the right of protest versus the right of private ownership or public use.
These replies can be overcome by showing that the protest does more good than harm or by showing that the right to protest outweighs the rights of others to use the occupied area. After all, forbidding protests simply because they might be inconvenient or annoy people would be absurd. However, accepting protests regardless of the imposition on others would also be absurd. Being a protestor does not grant a person special rights to violate the rights of others, so a protestor who engages in such behavior would be acting wrongly and the protest would thus be morally wrong. After all, if rights are accepted to justify a protest, then this provides a foundation for accepting the rights of those who would be imposed upon by it. If the protester who is protesting tyranny becomes a tyrant to others, then the protest loses its moral foundation.
This provides the theoretical framework for assessing whether the Bundy protest was morally acceptable or not: it is a matter of weighing the merit of the protest against the harm done to the rights of other citizens (especially those in the surrounding community). The same applies to other protests by occupation.
The above assumes a non-violent occupation like civil disobedience of the sort discussed by Thoreau. That is, non-violently breaking the rules (or law) in an act of disobedience intended to bring about change. This approach was also adopted by Gandhi and Dr. King. Bundy added a new factor while the occupation began as peaceful, the “militia” on the site was well armed. They claimed the weapons were for self-defense, which indicates that the “militia” was willing to escalate from non-violent (but armed) to violent occupation in response to the alleged tyranny of the federal government. This leads to the matter of the ethics of armed resistance as a means of protest.
Modern political philosophy does provide justification of such resistance. John Locke, for example, emphasized the moral responsibilities of the state in regard to the good of the people. That is, he does not simply advocate obedience to whatever the laws happen to be but requires that the laws and the leaders prove worthy of obedience. Laws or leaders that are tyrannical are not to be obeyed but are to be defied and justly so. He provides the following definition of “tyranny”: “Tyranny is the exercise of power beyond right, which nobody can have a right to. And this is making use of the power anyone has in his hands, not for the good of those who are under it, but for his own private separate advantage.” When the state is acting in a tyrannical manner, it can be justly resisted, at least on Locke’s view. As such, Bundy does have a clear theoretical justification for armed resistance. However, for this justification to be actual, it would need to be shown that federal land use policies are tyrannical to a degree that warrants the use of violence as a means of resistance.
Consistency does, of course, require that the framework be applied to all relevantly similar cases of protests, be they non-violent occupations or armed resistance. Be they about land use or immigration policy.

The United States has settled into a post-shooting ritual. When a horrific shooting makes the news, many people offer some version of this prayer: “Oh God, let the shooter be one of them and not one of us.” Then people speculate about the identity of the shooter. In most cases the next step is that the Republicans offer thoughts and prayers while the Democratics talk about wanting to pass new gun control laws, if only they could win more elections. The final step is forgetting about that shooting when the next one occurs. My focus in this essay is on the speculation phase.
The Martian is a science fiction film about the effort to rescue an astronaut from Mars. Matt Damon,
As a young man, I was not a car person. I was not interested in getting my license and not interested in owning a car. I relied on walking, running, and biking to get around. When I started work at Florida A&M University in 1993, I tried biking to work. My bike was destroyed by an SUV running a red light, and I barely escaped serious injury. I decided that I needed more speed, so I got a small Yamaha. After several near-death experiences, I decided I needed steel all around me and got a Toyota Tacoma in 2001. I was still not interested in vehicles and just took it in for service as needed. It had a few problems over the years, but the shop I went to generally did a good job and the prices were not too excessive. A couple years ago, it developed a mysterious hum that proved expensive and this got me interested in cars. Or rather, my truck. Being a philosopher, I naturally think of my experiences with the repairs in the context of a theory, in this case capitalism.
As a philosopher, one of the greatest challenges I face is reducing the number of problems I must deal with in my classes. Addressing this task requires a diverse approach to the problems. In some cases, I must craft policies and rules to attempt to head off troubles. As you might suspect, based on the iron law of bureaucracy (bureaucracy always increases) my syllabus has bloated over the decades. When I first started teaching, my syllabus was about two pages featuring a list of the readings, the grade scale and similar relevant items. But it is now the length of an academic paper, jammed with policies and rules that I am required to include and policies I crafted over the years in response to each new problem. Back when I was in graduate school, a professor joked about naming his rules after the students who made them a necessity and in some cases they did just that. While I do not name my new rules in this manner, each one has a story behind it.
If you are starting a WOX (War On X), this entails that there is actually no significant and sustained attack on X. For example, there is no significant and sustained attack on Christmas, so the War on Christmas has been built on fabrications, hyperbole, and intentionally bad logic. But what if there is something like X, Y, that is under significant and sustained attack? The obvious answer is that you would not need to start a WOY (War on Y), you could provide reasonable evidence that Y is under sustained and significant attack. But what if openly claiming that Y is under attack would have negative consequences? For example, while there is no significant and sustained attack on white Americans by “the left”, but there is a sustained and significant attack on white supremacy in the United States. But if you openly defended white supremacy and lamented that it is under fire, you might face consequences.
As this is being written, the story of the stalled escalator is making international news. The gist of the tale is that an escalator at the United Nations building came to a sudden stop just as Trump and the First Lady began their journey upwards.
While a WOX can be created based entirely on lies, it can be useful to have some true claims as evidence for the WOX. Obviously, if adequate evidence existed to prove that X is under significant and sustained attack, then you would not need to create a WOX. Fortunately for starting a WOX, the United States has a population of about 330 million, so you can almost certainly find someone who did or said something that would constitute an attack on X. The odds are ever in your favor. You might wonder what you can do with but a few examples, since isolated incidents do not make a war. Fortunately, there are two time-honored fallacies you can use when you have evidence, yet not enough of it: Hasty Generalization and Anecdotal Evidence.