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crime and punishment general freedom Second Amendment rights

Dis-Armoring the Public

According to the government of New York State, it should be as easy as possible for a mass shooter to do the job.

No, this is not the stated goal of the “landmark legislative package” signed by Governor Hochul. It is merely what the result will be . . . to the extent that these new laws further prevent innocent persons from arming and armoring themselves.

You see, determined killers have no qualms about evading gun-control laws, or much difficulty evading them. In New York, these laws now include a prohibition on selling body armor to anyone not a member of “specified professions” like the military and law enforcement.

Lawmakers and the governor ignore the slew of categories of other people who may have reason to especially protect themselves in public: unpopular people, famous people, wealthy people, people living in crime- or riot-ridden areas, and nervous people who, in the judgment of somebody else, may be going overboard.

All have a right to protect themselves.

But that’s a right not now defended in New York, whose politicians prefer to enact silly “performative” legislation banning “devices incapable of offensive  use.” New Yorkers are just not supposed to notice that, in preparing to commit their crimes, bad guys do often use many of the same tools used by good guys to defend themselves . . . or just to eat steak (knives have been used to commit crimes) or go to the store (as cars can kill on purpose as well by accident).

It seems unlikely that governments will one day also restrict sales of steak knives and four-wheeled vehicles to members of specified blessed professions. But the dictates of mere common sense provide no assurance here.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom

FIRE the ACLU

The American Civil Liberties Union used to be about civil liberties — a staunch defender of freedom of speech for all, including speech that it regarded as detestable. 

Now the ACLU is a changeling monster, with many at the organization arguing to ignore threats to what they regard as the wrong kind of speech. The erstwhile bastion of civil rights has even come out against restoring due process for the accused on our nation’s campuses.

Among longtime ACLU supporters discouraged by the retreat is David Goldberger. This lawyer believes that it has become “more important for ACLU staff to identify with clients and progressive causes than to stand on principle. Liberals are leaving the First Amendment behind.”

Or: progressives are no longer even a little bit “liberal.”

Fortunately, taking up the discarded banner is the Foundation for Individual Rights and Expression, until recently called the Foundation for Individual Rights in Education. The new name signifies an expanded mission. 

FIRE will — we are assured — still combat threats to freedom of speech at colleges and universities, where it has been doing excellent work for years.

“To say the least, we have not solved the campus free-speech problem,” says FIRE president Greg Lukianoff. “But we started to realize if we wanted to save free speech on campus we have to start earlier and we have to do things not on campus.”

Freedom of speech is for everybody. In its heyday, the ACLU defended people of all walks of life, and offended tyrants everywhere. Now that progressives generally and Democrats specifically have gone pro-censorship, FIRE is taking up the cause of civil libertarianism.

Someone needed to.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture media and media people

Showcialism, Schmocialism

Americans have never gotten into “socialism” like the rest of the world. This places pushers of socialistic ideas in a tricky situation. So they often defend socialism in less than honest ways. 

William Neuman, formerly of the New York Times, is a current example of this. St. Martin’s has just published his Things Are Never So Bad That They Can’t Get Worse: Inside the Collapse of Venezuela, and boy, do we get a story.

Hugo Chávez called himself a socialist, repeatedly, but Neuman won’t accept it. Why? Venezuela was basically ruined by Chávez and his henchmen and successors. So the former New York Times reporter provides excuses. 

Which is not to say I have read his book, or will. I am entirely trusting a review by Jim Epstein, at Reason, and agreeing per a plethora of other examples with Epstien’s critique of Neuman’s denialism.

While Neuman insists that Chávez was, in effect, a SINO (Socialist In Name Only), using the s-word just as cover — “showcialismo” — Epstein takes us back to reality. “One classic definition of socialism is government control of the means of production. Chávez nationalized banks, oil companies, telecommunications, millions of acres of farmland, supermarkets, stores, the cement industry” and on and on. Now wonder, then, that “nationalization led to deterioration, abandonment, and collapse.”

Neuman cannot blame socialism, oh no. So he lamely argues it was just “bad management.”

But that is what socialism is, and must be. Even when managed by the very best experts, those experts must fail, in the end, because they lack the expertise that counts — the know-how that is spread out among all participants in society. 

Markets leverage that knowledge best.

This is Common Sense. I’m Paul Jacob.


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defense & war general freedom meme

Tiananmen Square

“The same thing will happen in China that happened in Chile. Political freedom will ultimately break out of its shackles. Tiananmen Square was only the first episode. It is headed for a series of Tiananmen Squares. It cannot continue to develop privately and at the same time maintain its authoritarian character politically. It is headed for a clash. Sooner or later, one or the other will give.”

–Milton Friedman

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crime and punishment defense & war general freedom Second Amendment rights

Spree Shooter Shot Dead

We need to be reminded every now and then that shooting rampages can often be stopped as soon as they start — if only a good guy with a gun is on site and willing to use it. 

Or good gal.

Dennis Butler, a 37-year-old with an “extensive criminal history,” recently targeted the attendees of a party in Charleston, West Virginia.

Earlier, someone at an apartment complex had asked Butler to drive more slowly because there were children around. This made him feel explosive rage. So he fetched a semi-automatic weapon that he owned illegally and started firing into a crowd of party-goers at the complex.

A woman with a gun and presence of mind happened to be at the party.

“She’s just a member of the community who was carrying her weapon lawfully,” says police spokesman Tony Hazlett. “And instead of running from the threat, she engaged with the threat and saved several lives.”

No one in the crowd was reported to be injured.

I hope that if this heroic woman had been carrying her weapon unlawfully, relevant authorities would have cut her some slack. But it’s good that she didn’t have to deal with such a complication.

Butler is dead — shot multiple times by the woman with a gun. Police haven’t reported her name.

Just as well. We wouldn’t want her to become a target of gun-control groups upset that she used a pistol rather than sharp words to dissuade Butler from killing everybody.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets general freedom national politics & policies

Quota Requirement Overturned

In 2018, Jerry Brown, then California governor, signed a bill requiring corporate boards to include a high percentage of women. 

Now a Los Angeles County Superior Court judge has determined that the state failed to show that “gender-based classification was necessary to boost California’s economy, improve opportunities for women in the workplace, and protect California taxpayers, public employees, pensions and retirees.”

No news yet on whether the state will appeal.

In 2018, Brown had conceded that the law was probably doomed to be judged unconstitutional. But he apparently regarded questions of legality or constitutionality as irrelevant.

“It’s high time corporate boards include the people who constitute more than half the ‘persons’ in America,” he burbled in his signing message.

Fines for disobedience were to be steep: $100,000 for initial violations, $300,000 for subsequent violations.

Of course, it is neither immoral nor a crime to choose a man instead of a woman for a post. Making specific hires criminal depending upon the complexion of a business’s other hires amounts to the politicization of everything, swapping the goals of business for the goals of ideologues. It is destructive of individual rights and the requirements of conducting business profitably to compel employers choosing personnel to be guided by any considerations other than relevant qualifications. Or by any assessment but their own.

Managers of all non-government organizations should be free to use their own best judgment in hiring and contracting, whether the work involved is that of clerk, CEO, or board member. 

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom term limits

Too Many Words

The Institute for Justice (IJ) asks a question: “Does the First Amendment protect your right to criticize public officials without being subject to frivolous lawsuits?”

Kelly Gallaher is an activist in Mount Pleasant, Wisconsin, who provoked the ire of Village Attorney Chris Smith.

Seeking punitive damages, Smith has sued Gallaher for inflicting “emotional distress.” Her sin is penning “hundreds of posts on social media” criticizing Smith and other officials and their policies. (Hundreds! So many scribblings by just one person?)

The issue that apparently caused him to say “By Gawd, this is the last dang straw!” is term limits.

Recently, the town’s board of trustees voted to lengthen their elective term from two to three years. Gallaher and others called for a referendum to reverse the term-fattening.

To assuage concerns, Smith claimed that changing term limits had been discussed since 2018; in other words, the change wasn’t something being sprung without prequel. When Gallaher, remembering no such previous discussion, found no evidence of it, she suggested that Smith had lied.

Smith demanded a retraction. Gallaher didn’t want to retract, but did, fearing a lawsuit. Smith sued her anyway.

“The village attorney thinks he can use his law license to bully a political opponent into silence,” says Robert McNamara, the IJ attorney assigned to defend Gallaher. “But government officials are not in charge of how members of the public talk about politics, which is something we’ll be happy to explain to him in court.”

A politician so far from the spirit of American free speech is a politician who needs something more than a withering rebuttal in court. Think: recall vote.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom ideological culture Internet controversy

Two Thumbs Up for Netflix

Although a new “Artistic Expression” section in Netflix’s culture memo could be improved, I’m giving it two thumbs up instead of the customary one and a half accorded to promising but imperfect credos.

In these censorious times, why not applaud any sincere testament upholding freedom of speech?

Even if called “diversity,” in Netflix-speak.

According to the revised memo, the company supports “a diversity of stories, even if we find some titles counter to our own personal values. . . . If you’d find it hard to support our content breadth, Netflix may not be the best place for you.”

This is probably not about Netflix’s willingness to rent The Wizard of Oz no matter who objects to the spectacle of weepy tin men or broom-riding green-faced women in pointy hats.

Recently, Netflix has been roiled by employee protests against videos they find annoying, especially Dave Chapelle’s comedy special “The Closer.” Chapelle, who appears to lean more left than right, turns out not to be the type to run his riffs by a lefty censorship board.

Now let’s see how Netflix follows up on its delicate suggestion that working for Netflix “may not be the best place” for employees demanding censorship. Will Netflix show the door to all sullen saboteurs of speech-diversity?

Also, will it more fundamentally diversify its own original content?

In any case, good for Netflix for resisting the mob, for now. Until further notice, it’s two full thumbs up.

This is Common Sense. I’m Paul Jacob.


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general freedom international affairs too much government

The Population Implosion

At the risk of turning Common Sense with Paul Jacob into Common Sense About Elon Musk, consider the second best thing about Musk’s Twitter preoccupation: his own tweets.

“At risk of stating the obvious, unless something changes to cause the birth rate to exceed the death rate, Japan will eventually cease to exist,” Musk posted on Saturday. “This would be a great loss for the world.”

A very significant observation, at odds with so much of the Official Narrative of Approved Subjects and Opinions.

Recognizing that depopulation is the big problem for the developed nations of the world, not over-population rubs up against most of what we’ve been told for years.

But it’s true.

Japan is not alone, here, in showing a demographic collapse. It’s merely the most advanced in population decline. Russia is in a bad way, and many European countries’ native populations are in zero population growth. The United States, too, is growing only because of immigration, legal and illegal.

Behind the numbers, though, is a disturbing reality: the instability of our welfare state policies. In America, and in most advanced nations, government-run social pension programs require a growing population to properly service. Yet, Social Security, by removing the need to have children as a natural safety net (where we beget offspring to help take care of us in old age), actually disincentivizes the population growth that might make the system sustainable.

 Elon Musk did not offer a fix. But by pointing to a very real problem, he’s done us a great service, speaking simple truth instead of propaganda.

This is Common Sense. I’m Paul Jacob.


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general freedom media and media people privacy

CDC’s Covert Data Crime

The Centers for Disease Control has been criticized so often over the past couple of years — justly, only about 90 percent of the time — that one almost hesitates to add to the pile.

But hey. If the CDC stops saying and doing awful things, we can stop slamming it for saying and doing them.

The latest is the agency’s apparent use of Big Data to surveil cellphone users in ways the users never suspected or authorized.

Vice reports that the CDC paid for location data “harvested from tens of millions of phones” in the U.S. to track patterns of compliance with curfews, visits to churches and schools, and “monitor the effectiveness of policy in the Navajo Nation.”

CDC documents obtained by Vice suggest that although the pandemic was the rationale for getting the data, the CDC has planned to use it for other purposes too.

U.S. Senator Ron Johnson, a Republican, is calling for an investigation. “Just because data exists, doesn’t mean that the government should be using it to track Americans.”

He adds that “the government is becoming way too big, and way too powerful.”

Sounds like a new development. But, depending on how you’re measuring it, the metastasizing of the federal government goes back to the Civil War era — or at least the New Deal. So may I suggest a revision, Senator, starting with verb tense?

“Has become.” 

Has become way too big and powerful

And is getting even more so.

This is Common Sense. I’m Paul Jacob.


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