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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.

Categories
Accountability general freedom national politics & policies

Against Regimentation

On Monday, Senator Rand Paul got caught in a contretemps with the TSA. He was not in transit to or from his work in Congress, so he couldn’t enlist constitutional protection from being detained.

And detained he was.

Well, the TSA insists that he was not “at any point detained,” but what he says is this:

I was detained by the Transportation Security Administration . . . for not agreeing to a patdown after an irregularity was found in my full body scan. Despite removing my belt, glasses, wallet and shoes, the scanner and TSA also wanted my dignity. I refused.

I showed them the potentially offending part of my body, my leg. They were not interested. They wanted to touch me and to pat me down. I requested to be rescanned. They refused and detained me in a 10-foot-by-10-foot area reserved for potential terrorists.

Both Senator Paul and his father, Congressman Ron Paul, have criticized the TSA. They echo those 19th century classical liberals who had a word for the kind of treatment that modern security-obsessed Rand Paul makes a statementgovernments inflict upon a (too willing) populace: “regimentation.” What’s more regimenting than being forced to wait in lines, holding shoes in hand, emptying the contents of pockets into institutional-gray trays, submitting to a variety of scans and gropes?

There have got to be better ways of securing big ol’ jet airliners. Why not apply greater legal liability to airlines for safety, and let them figure out more customer-friendly methods of keeping terrorists out of cockpits?

Any government security effort ought to focus on spotting and stopping terrorists . . . without sacrificing everyone’s freedom and dignity.

It’s Common Sense. I’m Paul Jacob.

Categories
general freedom

Determined to Be Free

Years ago, on a past Martin Luther King, Jr. Day, I played a video of his speeches for my children. Upon hearing the words King delivered in a Selma church in 1965, I was overcome with emotion. Who wouldn’t be?

“Deep down in our non-violent creed is the conviction there are some things so dear, some things so precious, some things so eternally true, that they’re worth dying for. And if a man happens to be 36-years-old, as I happen to be, and some great truth stands before the door of his life – some great opportunity to stand up for that which is right.
Martin Luther King, Jr., arrested in Montgomery, 1958
“A man might be afraid his home will get bombed, or he’s afraid that he will lose his job, or he’s afraid that he will get shot, or beat down by state troopers, and he may go on and live until he’s 80. He’s just as dead at 36 as he would be at 80. The cessation of breathing in his life is merely the belated announcement of an earlier death of the spirit.

“A man dies when he refuses to stand up for that which is right. A man dies when he refuses to stand up for justice. A man dies when he refuses to take a stand for that which is true. . . .

“We’re going to stand up amid anything they can muster up, letting the world know that we are determined to be free!”

Moving. Inspiring. And common sense. I’m Paul Jacob.

This edition of Common Sense originally appeared in January 2011.
Categories
Common Sense general freedom ideological culture

Happy Common Sense Day

Credit George Washington for mobilizing our military to win the Revolutionary War. It was Thomas Paine, though, who did the most to mobilize the people in support of the cause of freedom and independence from Britain. He did it with his stirring pamphlet, Common Sense.

Originally published anonymously on this very date 235 years ago, and addressed to “the Inhabitants of America,” Paine’s polemic circulated to a higher percentage of the American population than any book save the Bible.
Happy Common Sense Day
One reason for its success was Paine’s style, which was much more accessible to the common person than most political writing of that time. In fact, Common Sense was read aloud in public, allowing citizens who lacked letters to engage in the debate over separation from the British empire — some seven months before the Declaration of Independence.

Common Sense attacked both the evils of monarchy, generally, noting that “Monarchy is ranked in scripture as one of the sins . . .” and the British monarchy specifically, referring to William the Conqueror as a “French bastard landing with an armed banditti, and establishing himself king of England against the consent of the natives.”

Paine’s pamphlet cogently endorsed republican forms of future government. “Society in every state is a blessing,” he wrote, “but government even in its best state is but a necessary evil; in its worst state an intolerable one. . . .”

More than two centuries after its publication, Paine’s message still rings prophetic: “The cause of America is in a great measure the cause of all mankind.”

That remains true. And Paine’s mission remains ours: To resist tyranny, to “prepare an asylum for mankind.”

This is Common Sense. I’m Paul Jacob.

Categories
general freedom ideological culture too much government

Two Decades Later

Twenty years ago yesterday, Mikhail Gorbachev resigned his position as head of the Soviet Union. It was a momentous occasion. It was also slightly comic, since he was resigning from a government that didn’t quite exist any longer.

December 25, 1991, was the last day of the Union of Soviet Socialist Republics.

It was the end of an age. The republics that had allied to form the original empire withdrew their support and formed a new union, the Commonwealth of Independent States.

This was one of history’s most momentous developments — or “undevelopments”?

The abandonment of Marxian communism — indeed, of state socialism — marked a turning point in ideological thought, too. Total government control of economic life had been a joke — a miserable, bitter joke — within the Soviet Union during its heyday. The news of its demonstrated unfeasibility shocked the protected sensibilities of the West’s intelligentsia, even eliciting startling confessions from professional socialist rah-rah boys like Robert Heilbroner, who publicly admitted that “Mises was right” about the unworkability of socialism.

For my first 30 years of life, the Cold War with the Soviet Union dominated the newspapers and our imaginations. And then it collapsed. Surprisingly quickly.

As Russians take to the streets to protest Putin’s revealed corruption, and as the United States of America itself buckles under the weight of its own “internal contradictions” — that is, the attempt to live on debt alone — the lesson becomes clear: The mighty can fall.

Radical change becomes possible, even where impregnability was previously assumed.

This is Common Sense. I’m Paul Jacob.

Categories
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.

Categories
general freedom U.S. Constitution

The End the Bill of Rights Act

Yesterday, on ThisisCommonSense.com, the “Today in Freedom” feature related that 220 years ago — on December 15, 1791 — Virginia’s ratification of the Bill of Rights made those first ten amendments to the U.S. Constitution the law of the land.

Hooray! That’s worth remembering and celebrating.

But something else happened yesterday, worth remembering but not celebrating: Congress passed the National Defense Authorization Act.

The Republican-controlled House of Representatives [sic] had already passed the legislation. Yesterday, the Democratic-controlled U.S. Senate sent the bill to a President Obama, waiting ready to sign it, with a whopping 86 to 13 vote.

This law says the government can arrest you on U.S. soil, shackle you, pull a hood over your face and hustle you out of the country to Guantanamo if someone somewhere in the government theorizes that you might be a terrorist.

But wait: The Fifth Amendment guarantees that you cannot “be deprived of life, liberty, or property, without due process of law.” The Sixth Amendment states quite clearly that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . .”

Agreed, those proven to be terrorists are terrible people. But in a video posted on our website, Senator Rand Paul, who voted against this bill, pointed out, “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, then the terrorists have won.”

We can only triumph over terrorism with the Bill of Rights intact.

This is Common Sense. I’m Paul Jacob.

 

Categories
general freedom The Draft

Following My Conscience

In 1984, twenty-seven years ago this very day, three FBI agents pushed their way into my North Little Rock, Arkansas, home and placed me under arrest.

My crime? Violating the Military Selective Service Act — that is, absolutely, positively, publicly refusing to register for the military draft. (I’d have resisted civilian service just as ardently.)

Some folks might call it dodging the draft. But not so — I met the draft head on, and in the great spirit of civil disobedience, I resisted.

Of course, there was no actual draft of young men into the military, simply a bureaucratic and regimented preparation for conscription. Seemed like the optimum time to let Uncle Sam know not to plan on me.

Rest assured, had the country been attacked I’d have been there lickety-split. It was not the military or defending the country to which I objected; it was doing it as a conscript — a slave — rather than as a free man.

I expressed my rationale in detail in several of my writings below, from 27 years ago as well as more recently. But my view was and remains neither radical nor alien, tracking, as it does, with what Ronald Reagan said in 1980: “The draft or draft registration destroys the very values our society is committed to defending.”

As is par for the political course, it was Mr. Reagan’s Justice Department that prosecuted me for continuing to stand up for those “values.” U.S. Rep. Ron Paul, today a presidential candidate, testified on my behalf at trial.

At the trial, the prosecutors freely admitted they had every stitch of personal information the government needed the better to spit me out a draft notice should they decide to conscript young Americans. They lacked only my signature on the form.

But that is what they wanted most: my acquiescence. The law said I must “present myself and submit” to registration. I had not submitted to it; I would not — could not in good conscience do so.

At 24 years of age, with wife and an eight-month old daughter, it was certainly a bit disconcerting to begin my adulthood, my career, as a felon. Moreover, to take that risk simply on the principle of the matter, that conscription is un-American, a totalitarian idea, and not because I was actually threatened with being drafted.

Had I wished not to serve, I could have signed up only to refuse to go when the draft notice arrived . . . or I could have quietly refused to register, and faced no threat of being prosecuted. But my goal wasn’t to personally escape the draft. It was to prevent the draft from coming back, to prevent the damage the draft does to our freedom and our country by enabling a foreign policy of acting as the world’s policemen.

Some disagree with the politics of my stand. They have a right to their opinion. But I think that what we ask of everyone should be to do what they believe is right. Not to be a silent spectator, but to speak up and, when necessary, to take action.

In the end, I was convicted and served five and a half months in a Federal Correctional Institution. For better or worse, the “correction” didn’t take.

And never for an instant have I regretted doing what I thought was right.

This is Common Sense. I’m Paul Jacob.

 

further reading:

Why I Refuse to Register, 5/17/1985

Draft the Congress and Leave My Kids Alone, 12/28/2003

Americans Gung-Ho to Draft Congress, 1/4/2004


Categories
general freedom national politics & policies U.S. Constitution

Video: Civil Liberties During a Never-Ending War

What do you call a defense bill that allows indefinite detention at Guantanamo Bay of American citizens accused but not convicted of assisting terrorists without due process? Tyranny. Unconstitutional. Rand Paul compares the now-pending legislation to the hated Egyptian Emergency Law enforced against dissidents for 30 years, which ended with the overthrow of the Mubarak regime:

Categories
free trade & free markets general freedom national politics & policies too much government video

Video: Milton Friedman on Drug Legalization

Nobel Laureate economist explaining why drug prohibition makes no sense: