Category: folly

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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

free speech, First Amendment, censorship, freedom, liberty, rights, Justice Elena Kagan

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean?

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 

 

Illustration by Newtown grafitti

 

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Accountability crime and punishment folly free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies privacy property rights responsibility too much government

Working to Boost Unemployment

occupational licensing, hair braiding, permission, law, crime, employment, unemployment, control, health

Some government officials work overtime to throw people out of work.

What I’m referring to differs from losing your job or business because of slack performance or slackening sales. Instead, you lose the right to earn your living a certain way so that the government can benefit competitors at your expense.

Occupational licensing is great at dis-employing people. The regulations are especially galling when the work being regulated obviously requires no formal training in order to be done well and safely.

Hair braiding, for example.

The Institute for Justice — which has done incredible work over the years representing victims of destructive government mandates — just won a victory for hair braiders in Iowa. Thanks to IJ’s efforts, a new law there exempts braiders from having to waste time and money getting a cosmetology license in order to practice their craft.

Such battles are never won permanently, of course. Washington, D.C., recently started requiring day care providers to get a college degree or lose their job. (As I have argued in a Townhall column, the same “logic” would justify forcing people to get college degrees to become parents.) IJ is helping affected parties to challenge the absurd law.

It is time for a new licensing requirement. Nobody gets to become a local, state or federal lawmaker unless he first writes a million times in a row, “I will never help violate the rights of any man or woman to earn an honest living.”

This is Common Sense. I’m Paul Jacob.

 

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Accountability education and schooling folly general freedom ideological culture local leaders moral hazard nannyism responsibility too much government U.S. Constitution

Degrading Expectations

New York Mayor Bill de Blasio, race, racism, low expectations, condescension, Stuyvesant High, quota, affirmative action

Expect racism to come from the Right . . . we are told by the Left.

On Wednesday, I considered the sad case of New York Mayor Bill de Blasio, pushing racial resentment in a black church, asking for an “amen” after telling the parishioners that there was something very wrong with Asian students dominating that most meritocratic of institutions, Stuyvesant High.

Giving up on meritocracy is quite bracing, as is de Blasio’s lack of commitment to the culture of individual achievement.

His assumption? Black and Hispanic Americans just cannot compete on merit alone.

They don’t need to work harder, and we mustn’t expect them to. They needn’t change their values or encourage their children to be more academically ambitious. What’s the point in troubling to emulate successful cultures, like that of many Asians (many of them quite poor) who have been advancing so effectively? For de Blasio there’s no hope for blacks and Hispanics.

Except through him.

Note the two pillars of de Blasio’s vision:

  1. racial determinism, where individuals cannot hope to succeed outside the stereotyped behavior of their racial background, their skin color and physical features determining their performance,
  2. except when Government steps in to save them (this is statist messianism).

And yes, by “government” he really means “de Blasio” — or “progressivise politics.”

The first assumption has been called “the soft bigotry of low expectations.”

The second is idolatry of the State and overbearing pride in one’s own ideological tribe.

You individuals have no chance to succeed, the idea runs, but We, the Progressives, will save you. Vote for us!

How insufferable.

This is Common Sense. I’m Paul Jacob.

 

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Accountability education and schooling folly general freedom ideological culture local leaders media and media people moral hazard nannyism national politics & policies responsibility too much government

Demeritocracy

affirmative action, quota, college admissions, New York Mayor Bill de Blasio, racism, discrimination, reverse, justice, fairness

New York Mayor Bill de Blasio has a beef with Stuyvesant High School.

It’s about race, of course.

Stuy (as it is affectionately known) is a tuition-free accelerated academic/college prep program open to all city residents based on how well they perform on a specific test.

Unsurprisingly, Asians make up the bulk of the student body.

And de Blasio finds this horrific, a “monumental injustice” — there should be more Hispanic and black students, he says.

In front of black parishioners.

Demagoguery aside, the New York Mayor’s attack is really against the very idea of a meritocracy. The old Progressive vision was to pull from every ethnic group, economic strata, and community the best and brightest, allowing people to advance by study and hard work. Progressives called this “equality of opportunity”; most everybody else, “the American Dream.”

It was the Progressives’ pride and joy.

And today’s progressives are hell bent on destroying it.

They demand “diversity” instead — by which folks like de Blasio mean participation based not on talent and studiousness and sheer academic drive (which some cultures push more than others), but, instead, on today’s primary progressive obsession: skin color.

“My limited tolerance for affirmative action,” writes Richard Cohen in the Washington Post, addressing de Blasio’s excess, “possibly permissible when the poor are advantaged at the expense of the rich — hits a wall in this case.”

My tolerance for “affirmative action” hits the wall earlier: Help the poor afford to go where they can academically earn a spot. (Helping privately would be best.) But do not let race or any other demographic factor put a finger on the merit scale.

This is Common Sense. I’m Paul Jacob.

 

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crime and punishment folly free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies privacy

Legalize Cancer Fighting

Cannabis World Congress, Marijuana, legalization, decriminalization, law, initiative, citizens, democracy

“Do all former congressmen have to get cancer before we’re gonna get medical marijuana or recreational marijuana?”

That’s what Reason TV’s Nick Gillespie asked Billy Tauzin at the Cannabis World Congress and Business Exposition. Tauzin’s a former Representative for Louisiana’s 3rd District. He moved from Congress to lobbying for Big Pharma — I mean, PhRMA, a drug lobbying group — and then to Lenitiv Scientific, where he works now.

The company produces “a line of innovative, high quality cannabis and hemp-derived CBD products,” its website informs. These products, says the former Republican politician, are so effective that he now expresses some regret that he could not have had access to such drugs when he was fighting cancer more than a decade ago. Today’s cancer patients have it easier, because of cannabis-derived products, including CBD.

Hence Gillespie’s question — which almost answers itself.

With a No.

The number of states that have legalized or decriminalized marijuana for recreational or medicinal uses (or both) is growing all the time, usually without the help of politicians with or without cancer.

The movement has mostly been carried on by We, the People through initiative and referendum. Especially the crucial early steps.

But politicians are beginning to follow our leadership.

Which, in a society where citizens are in charge, is all to the good.

Though powerful opposition remains, Tauzin speculates, “I think if we took a silent vote, secret ballot, we’d win tomorrow easily.”

So, given a little more time for Congress to catch up with the culture, freedom can prevail, no cancer necessary.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment folly general freedom government transparency local leaders moral hazard nannyism porkbarrel politics privacy property rights responsibility tax policy too much government

Progress, DC-Style

gentrification, renewall, Washington D.C., corruption, crony capitalism, housing, dirigisme

Is the black, Democratic mayor of Washington, D.C., actually a “racist”? What about the city council, which is 46 percent African-American, 85 percent Democrat, and 100 percent liberal/progressive?

That’s what a lawsuit argues — the DC ‘powers that be’ are racist in their development and housing policies. Filed on behalf of several African-American DC residents, it alleges that Mayor Muriel Bowser and the council have been striving mightily, as the Washington Post reported, “to ‘lighten’ African American neighborhoods and break up long-established communities.”

“Every city planning agency,” states the complaint, “. . . conspired to make D.C. very welcoming for preferred residents and sought to displace residents inimical to the creative economy.”

Nothing that a billion dollars couldn’t make right, of course — for which the plaintiffs ask.

But is gentrification a crime?

As American University professor Derek Hyra told the Post, “Developers want to maximize their return. This is not a conspiracy. This is capitalism.”

But no, this certainly isn’t laissez faire “capitalism.” It could be described as dirigisme — or “state capitalism” or “crony capitalism” or just a bad old-fashioned mercantilism, revised to work at the city level, where governments partner up with particular groups to extract as much wealth for the insiders as they can. Professor Hyra acknowledges that Bowser and the council were “providing subsidies” to bring in richer citizens and push out poorer ones.

Most importantly, we discover yet again that the power politicians claim they need to help the poor, is used to help the rich.

Way to go, “progressives.”

This is Common Sense. I’m Paul Jacob.

 

Note: The mayor is a Democrat and the 13-member council is composed of eleven (11) Democrats and two (2) independents. There are no Republicans.

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