Category: free trade & free markets

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First Amendment rights free trade & free markets judiciary

The Wrong Kind of Speech

California, AB5, exemptions, freelance, contract work

In 2019, California imposed a law to force many independent contractors to become standard employees if they wanted to keep working for erstwhile clients.

AB5 threw many gig workers out of work. Many lost all of their clients, who typically could not afford to simply convert contractors from whom they had been buying stuff once in a while into regular employees.

Even in the original legislation, exemptions from AB5 were granted for certain contractors. In response to angry controversy, many more categories of contractors were added to the exemption list. Then passage of Proposition 22 allowed Uber and Lyft drivers to continue as contractors.

But guess who still may not hire independent contractors in California? People running political campaigns and petition drives, who often can’t afford to hire many or any employees. The Wall Street Journal notes that today in California, “people who sell ‘consumer products’ count as ‘direct salespersons,’ while those who work on political campaigns or ballot petitions must be counted as employees.”

Thus, under the state’s current anti-​contractor law, political speech is impaired in a way that sundry commercial speech is not.

A group called Moving Oxnard Forward has taken their First Amendment-​based complaint about this injustice to court, with the help of the Institute for Free Speech. A three-​judge panel of the Ninth Circuit Court of Appeals ruled 2 – 1 against the group. But the case can proceed now to the full Ninth Circuit or on to the U.S. Supreme Court.

At the High Court, I think we petitioners and speakers of political speech would probably win.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets too much government

The California-​Canada Connection

Canada, California, Medical License, consensus, censorship

What do California and Canada have in common, aside from bone-​chilling temperatures?

Well, the fact that they’re trying to chill the discourse of doctors.

In California, a new law empowers medical boards to punish doctors who spread “misinformation” about COVID-​19. The misinformative nature of a stated view about the pandemic is allegedly proved by the mere fact that it contradicts a putative scientific “consensus.”

Such laws rely on misinformation for their very existence. 

When coping with complex, incomplete, sometimes murky evidence, do scientists and others ever simply disagree, even fundamentally, on the road to scientific “consensus”? Can a consensus ever be wrong? Does anybody ever hew to an asserted consensus out of fearful desire to conform rather than honest intellectual agreement?

To ask these questions is to answer them. But let’s move on.

To Canada — and the case of Dr. Jordan Peterson, whose professional status in the country is being jeopardized because of medical and/​or political views, like opinions criticizing “climate change models,” “surgery on gender dysphoric minors,” and Canadian officials who threatened “to apprehend the children of the Trucker Convoy protesters.”

Stated on social media, these opinions are apparently incendiary enough — i.e., candid enough — to vex Canada’s powerful medical censors.

According to Peterson, the Ontario College of Psychologists demands that he submit to “mandatory social-​media communication retraining” because of his views. If he doesn’t comply, he may lose his license.

Such repressive impulses, he says, are “way more widespread than you might think.”

It’s cold outside.

This is Common Sense. I’m Paul Jacob.

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X Information

big government, big tech, big business surveillance, censorship

For well over a century, politicians have pushed Big Government/​Big Business partnerships. The policy, indeed, is as old as politics. While we who like free markets often like [some of] the products of today’s biggest businesses, we must recognize that much of what these corporations sell us comes with strings attached — as we’ve found out to our dismay in the corruption of major social media outfits; as proven by the attacks on our speech and to the undermining of free elections.

Before the #TwitterFiles revelations, Michael Rectenwald, author of The Google Archipelago and other books, wrote a commentary that appeared in the pre-​Christmas edition of The Epoch Times: “Who Really Owns Digital Tech?” In less than a thousand words, Rectenwald makes clear how deep governments have been involved in the tech space — particularly the Internet Space.

“Given the evidence of government start-​up funding,” Rectenwald reasons, “we may have to concede the argument that the internet might have developed differently, more slowly, or not at all if the Defense Department hadn’t been involved at the outset. Likely, what we know as the internet would have become a system of private networks” — and in this dispersed-​power system, free speech would not become a major issue, because not as easy a target.

As it is, however, “Twitter has operated as an instrument of the uniparty-​run state, squelching whatever the regime deems ‘misinformation’ and ‘disinformation,’” Rectenwald writes, giving us an ominous list of the topics of xinformation:

  • warfare
  • economics
  • pandemics
  • elections
  • climate change catastrophism
  • the Great Reset

There are big gains for … some. Big Biz/​Big Gov partnerships imply gains for both partners: business people gain access to governmental power and favors, and politicians and functionaries gain leverage to mold the citizenry. 

And that is where we have seen the partnership’s worst.

So far.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets too much government

X Information (alternate illustration)

For well over a century, politicians have pushed Big Government/​Big Business partnerships. The policy, indeed, is as old as politics. While we who like free markets often like [some of] the products of today’s biggest businesses, we must recognize that much of what these corporations sell us comes with strings attached — as we’ve found out to our dismay in the corruption of major social media outfits; as proven by the attacks on our speech and to the undermining of free elections.

Before the #TwitterFiles revelations, Michael Rectenwald, author of The Google Archipelago and other books, wrote a commentary that appeared in the pre-​Christmas edition of The Epoch Times: “Who Really Owns Digital Tech?” In less than a thousand words, Rectenwald makes clear how deep governments have been involved in the tech space — particularly the Internet Space.

“Given the evidence of government start-​up funding,” Rectenwald reasons, “we may have to concede the argument that the internet might have developed differently, more slowly, or not at all if the Defense Department hadn’t been involved at the outset. Likely, what we know as the internet would have become a system of private networks” — and in this dispersed-​power system, free speech would not become a major issue, because not as easy a target.

As it is, however, “Twitter has operated as an instrument of the uniparty-​run state, squelching whatever the regime deems ‘misinformation’ and ‘disinformation,’” Rectenwald writes, giving us an ominous list of the topics of xinformation:

  • warfare
  • economics
  • pandemics
  • elections
  • climate change catastrophism
  • the Great Reset

There are big gains for … some. Big Biz/​Big Gov partnerships imply gains for both partners: business people gain access to governmental power and favors, and politicians and functionaries gain leverage to mold the citizenry. 

And that is where we have seen the partnership’s worst.

So far.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets property rights too much government

First, Stop Doing That

zoning, regulations, buildings, permits

If a government’s taxes and regulations are making shelter ever more expensive, what should that government do instead?

Stop pushing the disastrous policies, perhaps?

Unlike some other governors who shall remain nameless (one of them rhymes with “DeSantis”), Virginia Governor Glenn Youngkin understands that you don’t make things better by making them worse.

In August, Youngkin bluntly told a state senate committee that Virginia homes are too expensive and that a major cause is government interference with the market: “unnecessary regulations, over-​burdensome and inefficient local governments, restrictive zoning policies, and an ideology of fighting tooth and nail against any new development.”

The many bottlenecks include low-​density zoning rules that permit only a single house per property. Arlington County, Virginia, is one local government working to reform zoning so that more houses can be built on a property.

In November, Youngkin proposed a Make Virginia Home plan to unravel many regulations. City Journal notes that although the plan is “short on details,” it’s a good start.

Under the governor’s plan, the state would streamline environmental reviews, investigate how to liberalize the state’s building codes and land-​use and zoning laws, impose deadlines on local governments to speed up approvals of development, and give local governments incentives to adopt their own market-​liberating reforms.

This agenda is indeed only a beginning. But it does recognize a major cause of sky-​rocketing housing costs and what must be done to begin to reduce those costs.

That’s just Common Sense. I’m Paul Jacob.

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crime and punishment free trade & free markets too much government

“m” Is for “Misnamed”

Florida, zoning

What does Florida Governor Ron DeSantis’s administration — more specifically, the state’s misnamed Department of Economic Opportunity (mDEO) — think it’s doing?

The town of Gainesville, Florida, has liberalized its zoning laws to legalize the construction of certain small apartment buildings.

Who knew that building any housing on property owned by developers or by persons letting developers build on their property was illegal to begin with? But better late than never, Gainesville.

Not so fast! says the reputedly pro-​free-​market but apparently also pro-​central-​planning DeSantis administration.

According to an mDEO lawsuit, it’s illogical “for the City to argue that by entirely removing the concept of lower density detached residential dwellings…it is doing anything more than helping provide housing to college students and higher income residents.”

Huh? Providing housing only for people who will use that housing! Via various voluntary market transactions!! Is there no end to human deviltry?

Of course, as Reason writer Christian Britschgi points out, increasing the supply of housing units of any type will tend to reduce the demand for all already-​existing housing, lowering the rents of units, including low-​end units, that developers may not be building at the moment. 

I guess the folks at the mDEO aren’t especially ardent fans of Henry Hazlitt’s Economics In One Lesson.

And anyway, what about the inalienable right of anybody of any income level to make market arrangements to shelter themselves from the elements?

In the last few years, DeSantis has gained a good reputation, daring to resist the Big Government mob. Now he needs to resist that mob in his own administration. 

This is Common Sense. I’m Paul Jacob.

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