Category: First Amendment rights

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First Amendment rights free trade & free markets general freedom ideological culture

A Nickel’s Worth of Freedom

“If we are going to pay for your contraceptives,” said Rush Limbaugh on air, referring to Ms. Sandra Fluke’s congressional testimony, “and thus pay for you to have sex, we want something for it. We want you to post the videos online so we can all watch.”

In my Townhall column this weekend, “’Tis a Pity He’s a Boor,” I responded with a “No, thanks.” But I did defend what I took to be the point Rush was trying to make: “The issue isn’t about contraceptives, but the right to choose . . . on your own nickel.”

The flak Rush received became an avalanche of advertiser pull-outs from his show. And an apology.

And this all points to something interesting about freedom.

Rush has freedom of speech. He would still have it if every advertiser in the world refused to touch him and he took to blogging. His freedom requires no one to support him. Free speech doesn’t force anyone to listen – or advertise.

Similarly, Ms. Fluke has freedom of association, sexually and otherwise, including her relationships with the university in question and its contracted insurance company. But such freedom doesn’t obligate her school or insurance company or other consumers (through passed-on costs) to pay for her contraceptives. We all have freedom.

The same freedom of contract that allows advertisers to drop Rush’s show also allows businesses to choose employee benefit plans, workers to choose where they will work, and insurance companies to decide what terms they will offer.

Or it should. And in the specific case of contraception coverage did, until the Obama Administration dictated otherwise.

Several nasty words ago, that’s what started this brouhaha.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture national politics & policies

Contra Mandated Contraception Coverage

Regulators spawned by “Obamacare” have mandated that employer-provided medical insurance plans provide contraception as a benefit. 

The problem, as currently reported and debated, is that only churches are exempted — church-run or -affiliated hospitals, for example, are not. And so Catholic hospitals, along with other religious-based charitable endeavors, must conform, despite their commitment to age-old ideas about the sanctity of life, which they say contraception and abortifacients, especially (some contraceptive methods are de facto abortion-inducing), abridge.

Many conservatives argue that the mandate thus runs afoul of the First Amendment. But it turns out that many Republican politicians have supported similar mandates in several states.

Mike Huckabee signed one such mandate into law in Arkansas.

No big news that GOP politicians are often just as bad as Democrats, of course. But forget, if you can, the First Amendment angle. The mandate runs afoul of something even more fundamental: common sense.

Adding an umpteenth mandate to the list of regulations government places on contracts amongst employers, employees, and insurance companies hardly passes the smell test. The more benefits that government insists you contract for, the higher your insurance rates. The higher the rates, fewer are those who would willingly buy, thus scuttling the whole point of “health care reform.”

We ostensibly want more people to purchase major medical insurance. Not fewer.

It’s possible that some reformers seek precisely that, to put insurance companies out of business, leaving only government to take up the slack, as a “single payer.”

In the case of Republican reformers, however, is there a hidden agenda or just mere foolishness?

This is Common Sense. I’m Paul Jacob.

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First Amendment rights

A Gift to Remember

On this very date in 1657, in the Dutch colony of New Netherland, 30 residents of Flushing (in what is today New York City) signed a petition, the Flushing Remonstrance, requesting an exemption to the ban on Quaker worship imposed by Peter Stuyvesant, the colony’s director-general.

None of the signers were themselves Quakers; they were English citizens opposed to the prohibition of religions other than the Dutch Reformed Church.

The Remonstrance stated:

You have been pleased to send unto us a certain prohibition or command that we should not receive or entertain any of those people called Quakers because they are supposed to be, by some, seducers of the people. . . .

Wee desire therefore in this case not to judge least we be judged, neither to condemn least we be condemned, but rather let every man stand or fall to his own Master. . . .

Therefore if any of these said persons come in love unto us, we cannot in conscience lay violent hands upon them, but give them free egresse and regresse unto our Town, and houses, as God shall persuade our consciences, for we are bounde by the law of God and man to doe good unto all men and evil to noe man.

Four of the signers were arrested; two, who refused to recant, imprisoned. Years later, signer John Bowne was arrested for allowing Quakers to meet in his house. He petitioned the directors of the Dutch West India Company, which ultimately “advised” Stuyvesant to end his religious persecution in the colony.

The Flushing petition served as an important precedent to the First Amendment’s provision guaranteeing freedom of worship. Americans of all religions (or none) owe those brave petitioners a debt — a debt best repaid by taking good care of our current freedoms.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets general freedom government transparency

Secret Censorship

“There are so many things about this story that are crazy,” according to a detailed and exasperated report at Techdirt.com, “it’s difficult to know where to start.”

What story? The one you’ve probably heard nothing about.

Back in late 2010, the federal government seized Dajaz1.com, a popular Internet blog devoted to hip hop. The Justice Department and U.S. Immigration and Customs Enforcement (ICE) shut down the website domain claiming it was infringing on music copyrights. ICE “put up a big scary warning graphic on the site, suggesting its operators were criminals.”

The government then failed to abide by the legal requirements for filing an asset forfeiture case, conducting a secret legal effort, instead. Motions, hearings, and court decisions were filed in secret and placed under “seal,” denying the website owners and their attorney any opportunity for challenge.

Freedom of speech? Due process of law? Obliterated. And yet, earlier this month, the government admitted it had no legitimate case, no probable cause to go after this website in the first place, and, after a year of censorship, finally returned the web domain to its rightful owners.

That a website can be seized by our government, without a charge being publicly made and the crime proven in a fair and open court of law, is absolutely frightening.

What’s even scarier, though, is that legislation currently being considered by Congress — Protect IP and the Stop Online Piracy Act — would give the federal government even more sweeping powers to regulate and control the Internet.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom ideological culture

Ninety-Nine Percent Pure

Politics is dominated by pious, politic lies and half-truths. Every nation has them, and Turkey’s are most impressive.

Turkey has been a vanguard, in the Muslim world, of “Westernizing” and “modernizing” tendencies. But it still has one foot in the deep past. One of its great pious half-truths is that Turkey is “99 percent Muslim” yet possesses a “secular state” where “all religions are equal.”

With some religions more equal than others.

An Alevi spokesman, Izzettin Dogan, charges that the country “is actually a Sunni Islamic state.” There are 30 million Alevis in Turkey, according to the New York Times, and they are not alone in getting the short end of the stick in “secular Turkey”:

“The state collects taxes from all of us and spends billions on Sunni Islam alone, while millions of Alevis as well as Christians, Jews and other faiths don’t receive a penny,” Mr. Dogan said, referring to the $1.5 billion budget of the Religious Affairs Department. “What kind of secularism is that?”

Good question.

And it gets to the heart of one of the reasons I’m so happy to live in America. Our government may be a mess, but we still have some basic freedoms. We’ve long gotten over the ancient fixation on the union of religion and state.

In ancient empires, kings styled themselves as gods.

We know better.

And we know better than to subsidize religion — or use it as a branch of the government.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture too much government

The Pseudonymous Concerned Pseudo-Citizen

Is it wrong to admire a scoundrel, er, “W. Howard”?

In Everett, Washington, traffic enforcement cameras — so-called “red-light cameras” — have stirred up a lot of people, many airing their ideas or just venting on HeraldNet, the local paper’s website. Among the most persistent contributors to the comments/letters section has been “W. Howard.”

Readers got suspicious. Once he said he was from Lynnwood; in another post he implied he lived in Everett. But no matter what town he was from, he was always for the cameras, which he claimed would prevent pedestrian deaths and save the children.

He thus bucked the stream in the growing controversy over the cameras, which seem so big-brotherish, so totalitarian. Even when one is caught red, er, lighted.

But, hey, learn your lesson. That’s what “W. Howard” said, anyway. Get over your paranoia.

The “paranoid” turned out to be right about W.H., though. The newspaper traced his posts to American Traffic Solutions, Inc., far from the Evergreen State in Scottsdale, Arizona — which just happened to make and sell the cameras under question — all the way back to Bill Kroske, vice president of business development.

That makes Kroske a Saul Alinsky of marketing.

But a scoundrel nonetheless, mimicking a Music Man-style pretense of being “part of the community” just to stir up business.

Thankfully, the scoundrel was revealed as such by a free press and in public debate. The First Amendment rides to the rescue!

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom

T-shirt Freedom

Electioneering laws that prohibit campaigning at or near polling sites are a bit peculiar. Generally, you’ve got a right to peacefully campaign for your candidate, or party, or reform, so long as you don’t obstruct lawful traffic. But, on the other hand, one doesn’t want to have to run through a gauntlet of mad campaigning activity on the way to vote, even if one technically can navigate a path.

Electioneering law prohibits free speech and association in the cause of assuring access to the ballot box.

But what constitutes “electioneering”?

In the January issue of Reason, Brian Doherty told the story of Tea Party activist Diane Wickberg. She had gone to the polls wearing a “We The People” t-shirt, emblazoning the words “Flagstaff Tea Party — Reclaiming Our Constitution Now.” She got to vote, the poll workers said, only because she was the only voter on the premises. “Coconino County Recorder Candace Owens later warned her that she would not be allowed to vote at a polling station in the county again if she wore the shirt,” Doherty reported.

Wickberg donned the shirt, again, for her next trip to the polls, and was told to cover up, and was scolded never to wear it to any future poll trip. She sued.

And won.

The county has agreed to implement objective standards, re-train their poll workers, and prohibit t-shirts only if they pitch for a particular candidate, party, or specific issue on the ballot.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights too much government

Ohio’s Stomp-Speech Commission

The Ohio Elections Commission takes sides in campaign debates and can penalize those they disagree with.

The Commission issues rulings not about obvious libel or slander, but differing interpretations. Disagreements. Their authority derives from a decades-old election law outlawing “false statements” in election campaigns. A new court fight challenging the law may finally end this speech-squelching travesty.

Attorney James Bopp is fighting a defamation suit by a defeated candidate. This losing candidate snagged a favorable ruling from the Commission, preventing billboards critical of him from going up, but still wants a pound of flesh. Bopp observes that Ohio’s law against “false statements” is merely an unconstitutional weapon “that can be deployed during any election to try to stifle speech.”

Chris Finney, another lawyer who has represented clients suffering the OEC’s censorious attention, says what the Commission typically deals with “has nothing to do with the truth or falsity of the statement in question [but with] trying to embarrass your opponent as Election Day approaches. You get a headline that says this person is a liar.”

Opposing conclusions can both be “right” . . . given contradictory interpretations of the same facts. The First Amendment is supposed to safeguard open debate about such disagreements — not extinguish it.

Would defenders of Ohio’s law cheer if editorial writers were routinely hauled before speech boards to defend the accuracy of their political assessments?

It’s a disgrace that Ohio’s false-statement law has been in effect for even one day, let alone decades.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights free trade & free markets too much government

Practicing Competence Without a License

You just can’t win. Well, you can; but if you do win — or even just make a decent go of it — that only proves you’re cheating.

Before you object, please take a breath. Note the sterling sentences, above, with subjects and predicates and everything. I must be practicing grammar without a license! At least, that’s what the charge would be if I were to dispute the syntax of pronouncement from the North Carolina Department of Transportation.

See, an official at NCDOT has accused David Cox, a member of a citizens group, of “practicing engineering without a license.” This was not just colorful rhetoric. The accuser filed a complaint with the state licensing bureau.

Cox’s group wants city and state officials to authorize traffic lights at a couple intersections. The Department of Transportation hired an engineering consultant to demonstrate that the traffic lights are unnecessary. In response, Cox helped prepare a sophisticated counter-analysis with diagrams and traffic projections. Cox, a computer scientist, did such a great job that he allegedly crossed the line from legal bumbling to illegal knows-what-he’s-doing.

I shan’t tear this notion to bits myself. You’re no doubt doing so in your head, and without first obtaining governmental permission — you outlaw! I will say that in this case, “practicing engineering without a license” might as well mean “petitioning of government without a license.”

But we don’t need licenses for that. We have the right. A constitutionally recognized right.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights too much government

Not Guilty as Charged

If software developer Phil Mocek is guilty of anything, it’s the conviction that he has a right to move about the country as if he were a free man. He’s guilty of defending his dignity. Guilty of believing he’s innocent.

That’s his crime, not “failing to obey an officer,” “concealing his identity,” “criminal trespass” or “disorderly conduct.” Fortunately, an Albuquerque jury has now found him innocent of these bogus charges.

During his trial, a TSA official and an Albuquerque police officer both testified, in Mocek’s words, that “you do not have to show ID in order to fly and that you can use cameras in public areas of the airport.” Yes, recording the unwarranted and outrageous harassment of him was proposed as proof of the man’s criminality.

The normals among us, on the other hand, can only applaud Mocek’s nerve and presence of mind in standing up for himself.

Defense co-counsel Molly Schmidt-Nowara observes that TSA officials and police at the airport “became annoyed because he was filming.” But annoying the police or TSA officers is not in itself a crime.

Mocek says: “I wasn’t testing the system. I went in with a boarding pass. I had what I’m required to have to fly and by way of being a human I observed what happened.”

Has the tide started to turn against the noxious surveillance state and in favor of everyday freedom for human beings?

This is Common Sense. I’m Paul Jacob.