Category: crime and punishment

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crime and punishment general freedom regulation

Monopoly vs. Monopoly

monopoly octopus, Joe Biden, Apple

The Biden Administration makes much of its pro-consumer actions. President Sleepy Joe never tires of boasting about how his regulations favor consumers over credit card companies. Considering the massive taxation that his administration supports, however, saving a few bucks on overdraft fees looks a bit absurd in context.

As does the administration’s ramped-up anti-trust actions.

The federal government has now attacked Apple. On anti-trust grounds. For being a monopoly.

The humor in this was noted by anti-intellectual property theorist Stephan Kinsella, tweeting on X: “‘U.S. Sues Apple, Accusing It of Maintaining an iPhone Monopoly’ We grant you patent and copyright monopoly privileges and you use them to build up a monopoly? How dare you!”

Jeffrey A. Tucker of the Brownstone Institute was less amused, and less concerned with Apple’s reliance upon intellectual property, which he claims is secondary to the company’s useful products: “The very notion that the government is trying to protect consumers in this case is preposterous. Apple is a success not because they are exploitative but because they make products that users like, and they like them so much that they buy ever more.”

At issue is how Apple products work so well together but not so well with other manufacturers’ products. “The Justice Department calls this anticompetitive even though competing is exactly the source of Apple’s market strength,” insists Tucker.

Maybe it’s really about this principle: the government giveth; the government taketh away: blessed be the name of the Biden.

In full disclosure, I have an iPhone, which I hate, and a Microsoft Surface Book, which I also hate. I’m open to any of their competitors, which I might hate less.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment ideological culture too much government

Fifteen Days to Flatten America

Fauci, Trump, Covid

The most important lesson of “Fifteen days to flatten the curve!” occurred on the 16th, when  governors kept lockdown measures going.

No state limited its lockdown measures to a mere 15 days.

The public rationale for the lockdowns had been to save hospitals from being swamped with COVID patients — though the Army Corps of Engineers had built emergency COVID care centers near pandemic hot spots around the country, which were unceremoniously dismantled, without having been used, even as governors continued their hysterics.

And tyrannies.

Out west in Washington, for example, Governor Inslee shut down the whole state with a March 24, 2020, order, and, on April 3, unilaterally extended it to May 4, despite the fact that most of the state had hardly experienced the virus yet. On May 29, the stay-at-home order was still in effect, with the governor dictating a county-by-county re-opening order that he fiddled with incoherently for the next year. 

Across the country, most hospitals suffered from under-use.

John Stossel just “celebrated” the four-year anniversary of the lockdowns with an article titled “‘15 Days To Slow the Spread’: On the Fourth Anniversary, a Reminder to Never Give Politicians That Power Again.” Mr. Stossel provides a concise litany of the idiocy of that brief, if far too long, epoch of . . . . what he calls “government incompetence.

But does incompetence exhaust the fault?

At the beginning I had expressed caution, even suggesting a little lenience for our leaders. Then came the enormity of the mass liberticide.

It was President Trump who put out the “guidelines” for shutting down the country; it was Trump who stuck to his guns on the efficacy of the lockdown “mitigations.” Trump did so because he was mesmerized, perhaps, by Drs. Fauci and Birx — whom he had promoted into the spotlight.

Little did Trump know, however, that Fauci had funded the very disease he was allegedly fighting, and that Birx, privately, had pushed lockdowns not in good faith for reasons stated, but with every intention of pushing “longer and more aggressive interventions.”

Trump? Played, yes; incompetent, sure. 

But Birx and Fauci? Malevolent. Evil. Pick the word.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights judiciary

Most Important Time Periods

First Amendment, US Constitution, free speech, censorship

The attorneys general of a few states, a few activist groups, and a few congressmen have acted to bring to light a mass of eyewitness and documentary evidence that the federal government has been working hard, behind the scenes, to censor our speech.

The guilty parties have been caught red-handed.

Now that the matter is before the U.S. Supreme Court, reports on oral arguments suggest that not every justice is as acquainted with the point of the Bill of Rights as we’d like.

Its function is to stop government from doing various rights-violating things at will. But Justice Ketanji says: “Your view has the First Amendment hamstringing the government in significant ways in most important time periods.”

Justice Kagan, chiming in: “I’m really worried about that.”

Tyrants worry about having too little flexibility to stomp our speech “in most important time periods,” prevention of which stomping is the very purpose of the First Amendment.

We, for our part, worry about having our speech stomped.

Some of the justices also seem not to grasp that when government officials contact you and ask you to do this and that, no overt threats are necessary for officials to rely on the threat of governmental power.

The bossing is not always subtle, though. Perusing the evidence, Justice Alito says he couldn’t imagine officials “taking that approach to the print media.” The federal speech police treat “Facebook and these other platforms like they’re subordinates.”

Are they?

This is Common Sense. I’m Paul Jacob.

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Violent Double Standard

law, justice, crime, double standard

Trying to find justice in the justice system is sometimes like panning for gold in a dry river. But what ho, hey, we’ve found some.

Victoria Taft points us to “a federal judge who believes in justice” . . . or a reasonable facsimile thereof.

Recently, California District Court Judge Cormac Carney chastised a purportedly anti-crime department of the Department of Justice for prosecuting two men who “became members of a group characterized as ‘white supremacist’” for alleged violence while carefully ignoring the often worse conduct of Antifa and BAMN members.

Carney dismissed the federal charges against the two men.

He argued that “prosecuting only members of the far right and ignoring members of the far left leads to the troubling conclusion that the government believes it is permissible to physically assault and injure Trump supporters to silence speech. . . .

“At the same Trump rallies that form the basis for Defendants’ prosecution, members of Antifa and related far-left groups engaged in organized violence to stifle protected speech.”

There’s something wrong when people who had been holding a peaceful event full of speeches and flag-waving are prosecuted — not just prosecuted, but selectively prosecuted — for defending themselves when violent leftists show up and act violently.

If a speaker commits an actual crime, sure, he should be punished, in a proportionate way and without regard to the ideology of the speaker. Equal justice under the law, that’s all.

How about it, Justice Department? Care to earn your name?

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture national politics & policies

Unpresidential but Precedented

Joe Biden, SOTU, State of the Union

President Biden may be doddering, dithering, and cranky, but his writers are mis-educated dolts.

The State of the Union address, last week, was performed before Congress by a man so hopped-up on stimulants that . . . one looks for precedents. Not among the U.S. Presidents, though, but among the Chancellors — the “schkankily clankily” guy, as Norm Macdonald referred to him; the man who is known to have been on drugs.

I bring up precedents because Biden’s writers did — idiotically.

The address began by memorializing President Franklin Delano Roosevelt’s 1941 address before Congress, in which FDR used the word “unprecedented.” Biden’s speech writers take this as an occasion to use the word. “Now it is we who face an unprecedented moment in the history of the Union.”

And then proceed to mention more precedents for the “unprecedentedness” of it all.

It’s almost as if they don’t know the meaning of their keyword.

The biggest precedent is the pure partisan nature of the message, which — instead of performing a sober constitutional duty to give Congress the president’s view of the union of the states — has become, in recent years, a simplistic barrage of invective against the president’s opposing party.

This year’s SOTU address was worse than ever on the partisan divide, with “populist” attacks upon the SCOTUS for allowing Roe v. Wade to fall, and relentless attacks on Republicans. The most interesting and substantive topic was Social Security, with the usual (quite precedented) promise to shore it up with tax increases . . . on the rich. (Reason magazine took the idea seriously and found its fault.)

Thankfully, Biden’s writers avoided the biggest State of the Union cliché of all: the traditional pronouncement that the state of the union “is sound.”

It is not.

This is Common Sense. I’m Paul Jacob.

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Stop the Work Stoppers

Labor Department, gig economy, freelancing

Republican Representative Kevin Kiley of California has introduced H.J. Resolution 116 to block “the rule submitted by the Department of the Labor relating to ‘Employee or Independent Contractor Classification Under the Fair Labor Standards Act.’ ”

116 is a legislative attempt to thwart legislation by regulators.

Labor’s rule is modeled on the AB5 Act passed in California several years ago. Catering to unions, AB5’s idea was to kill the livelihoods of many gig workers or freelancers by making it much harder for companies and independent contractors to deal with each other.

The new rule, too, aims to kill competition with unions and expand the pool of employees who can be unionized.

AB5 caused a firestorm, leading to citizen initiatives, court battles, and victories and setbacks for besieged employers and freelancers. There’s been some backtracking of AB5, in part because sponsoring lawmakers realized that it hurt even favored constituencies. But California is still a land mine for would-be freelancers.

The Labor Department is trying to impose AB5-style reclassification on the national level now that national lawmakers have failed to pass legislation to do it.

These days, the many dictators in our government often regard legislative means of passing legislation as an option only of first resort. If that fails, well, stick it to the people some other way.

So Kiley — and, hopefully, an effective congressional majority — must pass a law saying no, regulators, you may not pass this law in the guise of a regulation.

This is Common Sense. I’m Paul Jacob.

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