KOL436 | Kelly Patrick Show: Taking Questions from Nonlibertarians
Jul 26, 2024
01:33:08
Kinsella on Liberty Podcast: Episode 436.
I was interviewed today by Kelly Patrick of the Kelly Patrick Show ep. 777. I fielded questions from his The Kelly Patrick Show Political Chat facebook group, mostly questions from nonlibertarians or people critical of libertarianism. We discussed the prospects of liberty, activism, why people are not persuaded by libertarian arguments, the prospects of the Libertarian Party, intellectual property, anarchism, and so on.
Transcript and shownotes below.
https://youtu.be/7--HkZzWOUY
Shownotes—Brief (Grok)
In this engaging political episode of The Kelly Patrick Show, host Kelly Patrick sits down with prominent libertarian thinker and retired patent attorney Stephan Kinsella to field tough questions submitted by non-libertarians from his Facebook group.
The conversation opens with a deep dive into why libertarianism struggles to gain widespread appeal despite being well-known—Stephan argues it’s not a lack of exposure but economic and political illiteracy, inconsistent application of shared norms like self-ownership and non-aggression, and people’s willingness to grant the state exceptions they’d never tolerate from private actors.
He defends libertarianism as aspirational yet practical, rooted in Western civilization’s core principles of property rights and peaceful cooperation, while addressing criticisms that it “offers nothing” by explaining how anarcho-capitalist ideas expect natural private institutions (education, security, roads) to re-emerge without state distortion rather than leaving a vacuum.
The discussion covers Stephan’s 2024 voting intentions (likely Trump over Harris to limit Democrat damage, possibly Chase Oliver), his signature crusade against intellectual property laws (patents and copyright as violations of tangible property rights that stifle innovation and free speech), the hopeless national prospects of the Libertarian Party in a winner-take-all system, a non-interventionist foreign policy vision (slash military budget, close foreign bases, avoid entanglements), skepticism toward modern monetary theory and fiat currency in favor of hard money like Bitcoin, and a candid critique of the U.S. Constitution as a document designed to empower rather than restrain government.
Packed with principled reasoning, inside libertarian jokes, and responses to real-world examples, this episode offers a thorough, unfiltered exploration of libertarian ideas from one of its most influential contemporary voices.
Shownotes—Detailed (Grok)
The Kelly Patrick Show – Episode: Stephan Kinsella – Taking Questions from Non-Libertarians
Guest: Stephan Kinsella
Original air date: (based on transcript context, likely mid-2024)
Episode length: ~94 minutes
0:00 – 2:00 | Welcome, Show Format & Sponsor Messages
Kelly Patrick introduces the episode as a political discussion with libertarian thinker Stephan Kinsella. He explains the new format using questions submitted from the Kelly Patrick Show Political Chat Facebook group (74 members at the time). Sponsors are read: Louisville Combat Academy, Heidi Solars-Kutz (therapy), VeerCast Digital Media, and Kelly’s health insurance brokerage.
2:00 – 5:00 | Guest Introduction & Name Pronunciation Clarification
Kelly introduces Stephan as a retired patent attorney and libertarian author. Stephan corrects the pronunciation of his name (“Stephan” with “ph”) and notes frequent confusion with two other Stephen Kinsellas in Europe (one a post-Keynesian economist). Light-hearted exchange about Google mix-ups.
5:00 – 20:00 | Tim Neal’s Critique – Why Don’t People Want Libertarianism?
Kelly reads Tim Neal’s statement: people have heard libertarianism and still reject it because it “takes stuff off the table” without solving core problems or offering inspiring alternatives. Stephan responds at length: libertarianism is aspirational (peace, prosperity, non-aggression as ideals); most people already hold quasi-libertarian norms (self-ownership, opposition to murder/theft/rape) but make inconsistent exceptions for state action. Economic and political illiteracy are major barriers; post-COVID skepticism is a positive sign. Libertarianism refines and consistently applies norms already embedded in Western civilization and common law.
20:00 – 32:00 | Expanding on Libertarian Appeal, Anarchism, and Private Alternatives
Stephan addresses the “libertarianism offers nothing” charge. Most people are implicit statists expecting the state to solve public-goods problems. Anarchists oppose aggression (private and public/institutionalized) without necessarily proposing a detailed replacement system—just as opposing murder doesn’t require a perfect murder-free blueprint. Realistic (“right”) libertarians expect natural private institutions (education, security, roads) to re-emerge when the state recedes, not a vacuum. Distinguishes from “left libertarians” who oppose natural hierarchies. Dependency on state services (schools, welfare, roads) makes people fear abolition because they can’t imagine alternatives.
32:00 – 37:00 | 2024 Election – Will Stephan Vote? Trump vs. Harris vs. Chase Oliver
Kelly asks if Stephan will vote in November 2024. Stephan says probably yes (to placate his wife and reduce Democrat tax risk), but doubts voting matters much. Prefers Trump over Harris as less dangerous, though neither is ideal. Considering Chase Oliver (Libertarian nominee) despite controversy over his past COVID virtue-signaling and milquetoast IP comments. Jokes he’d vote for Oliver if he opposed patents outright.
37:00 – 53:00 | Why Stephan Opposes Patents & Copyright (Intellectual Property Deep Dive)
Core discussion of Stephan’s signature issue. Patents and copyright should be among the top libertarian targets for abolition (alongside taxation, Fed, drug war, etc.). They violate tangible property rights: patents grant monopolies over others’ use of their own factories/materials; copyright prevents use of your own paper/ink/press. Examples: Luke Combs’ “Fast Car” cover royalties (both artist and cover benefit from monopoly system, but it’s still wrong); Bikram Yoga trademark/patent disputes. Every patent/copyright grant is inherently outrageous because free markets require suffering competition. Abolition would increase innovation, artistic freedom, and reduce censorship/distortion. Some state programs (Social Security) might need transition; IP and drug war should end immediately.
53:00 – 1:05:00 | What Would Make the Libertarian Party Nationally Relevant?
Stephan’s pessimistic but realistic take: America’s winner-take-all system locks in the duopoly; third parties face wasted-vote dynamics and no proportional representation. LP is hopeless nationally (<1% hardcore base). Activism won’t convert the masses—liberty emerges organically as technology and wealth make state dependence unnecessary (AI tutors, private security, personal manufacturing → state atrophies like British monarchy). Stephan joined LP briefly to ensure it at least runs genuine libertarians (helped write clearer aggression/property-rights definition in platform). Plans to leave after judicial committee term ends; focus should be local, principled candidates who won’t win but keep ideas alive.
1:05:00 – 1:15:00 | Libertarian Views on U.S. Military & Foreign Policy
Most libertarians favor slashing military budget by 50–70%, closing many foreign bases, bringing troops home, ending entangling alliances, and adopting non-interventionist posture (strong defense, nuclear deterrent, no Ukraine/Israel/Taiwan meddling). Not isolationism—free trade and relations yes, empire no. Technical issues (selling/renting bases) secondary to policy shift. Addresses Tim Cordova’s skepticism of privatized security (Bob Murphy’s insurance/arbitration models): realistic in a stateless society, but current aggressive states create a dilemma—minimal state may be temporarily necessary, but should be kept as small as possible.
1:15:00 – 1:20:00 | Critique of the U.S. Constitution & Founding
Digression: Constitution was designed to create/empower a central government, not protect rights. Limits mostly failed (Bill of Rights interpreted by government courts). Founding included slavery, conscription, property violations, class biases (framers inserted IP clause benefiting themselves). Revolutionary War had widespread civil-liberties abuses. Not a libertarian golden age—democracy and Constitution were regressive steps (per Hoppe).
1:20:00 – 1:32:00 | Randall Sanders’ Question – Fiat Currency, Gold, Bitcoin & MMT
Stephan opposes fiat currency (government-coerced, inflationary). Critiques MMT as pseudoscientific Keynesianism. Money is unique: more units don’t create wealth, only redistribute. Gold was decent (low inflation) but failed due to physical limitations and government interference. Bitcoin (or successor) superior: fixed/decreasing supply, digital, uncensorable, natural store-of-value flight vehicle as fiat inflation worsens. No need for infinite supply—fixed amount sufficient for transactions; scaling isn’t a problem because money isn’t wealth.
1:32:00 – End | Closing & Plugs
Kelly thanks Stephan. Stephan plugs:
Book: Legal Foundations of a Free Society (free PDF on StephanKinsella.com; EPUB coming; hard copy/Kindle available)
Website: C4SIF.org (Center for the Study of Innovative Freedom – IP focus)
Social: @NSKinsella on Twitter/X and Facebook Invites questions via email or tweet. Mutual thanks and sign-off.
Transcript (Whisper/Grok)
Introduction & Show Setup
Kelly Patrick • 00:19
Welcome to the Kelly Patrick Show. Thank you so much for tuning in. In today's episode I am doing a political show starring Stephan Kinsella, who is a popular libertarian author—really. When I say popular, what I mean is people like me, kind of more right-leaning libertarian types.
