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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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general freedom local leaders

Tyranny Averted?

Parents United Rhode Island has apparently fended off a vaccination mandate in their state.

Mike Stenhouse explains how this coalition leapt into action against a legislative effort to impose universal vaccination. (We use the term “vaccinated” loosely, since any ameliorative effects of the vaccines reportedly fade pretty quickly and don’t actually prevent COVID-19.)

The mandate’s penalties for noncompliance would have included monthly $50 fines, doubling of recalcitrants’ state income taxes, and fines upon employers of $5,000 per unvaccinated employee.

State Senator Samuel Bell submitted the legislation, S2552, on March 1 of this year. Because the country was by then returning to something like pre-pandemic “normal life,” the bill seemed dead on arrival.

But then the Boston Globe shifted into overdrive to revive the legislation, which also received new support from local media.

That’s when ParentsUnitedRI.com and others sounded the alarm. In just a few weeks, the bill became radioactive, hurrying former sponsors to renounce their support.

The state legislature’s current session ends June 30. Stenhouse suggests that although the senate president could still fast-track the Draconian proposal at any time, “there is likely no political appetite for such a heavy-handed measure, especially in an election year.”

If Bell’s bill does die in the current session, it’s even less likely to be revived in the next. Whatever political appetite there may be right now to stomp people who make the “wrong” decision about getting vaccinated, popular opposition has done its work, making medical tyranny much less likely.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom local leaders term limits

Freedom in Granite

“In the past two years,” the Cato Institute announced last January, “Governor [Chris] Sununu and the State of New Hampshire have topped Cato’s rankings for both our Fiscal Policy Report Card on America’s Governors and our recently released Freedom in the 50 States report.”

How? Why? 

The governor points to “a long history of local control,” insisting that “town meetings matter.” 

He also cites the state’s executive council which, along with the governor, publicly debates “every contract over $10,000,” as well as a two-year gubernatorial term that “sucks” for him but gives citizens “all the say.”

Most of all, consider the sheer size of New Hampshire’s House of Representatives.

“When you have one of the largest parliamentary bodies in the free world with 400 members representing only 1.4 million people,” Gov. Sununu explains, “by definition” it has to be “one of the most representative bodies of government in the world.”

He elaborates that “they only get paid a hundred bucks a year. I mean, it’s like herding cats. Don’t get me wrong, it has its ups and downs. But that’s one state representative for about every 3,000 people. Like town selectmen, your representative in Concord is going to be somebody you know, somebody you see at the grocery store, somebody you can easily reach and who can hear you. It’s very different from other states where you have one person representing a district with tens or hundreds of thousands of people.

“Which means the control is really at the individual level,” Sununu adds, and “an individual citizen has much more say on how their taxes are spent or what’s going on in their schools or whether that pothole is going to get filled or not.” 

Sounds like citizens are more in charge.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom

Injustice By Quota

Let’s say there are 100 murders — in a certain city in 2021. How many arrests for murder should there be in that city that year?

We can’t know in advance. Setting lagtime aside, consider the other factors. Some of the killers may have killed more than once. Some of the murders may never be solved. Some honest arrests may prove to be mistaken. We can only say: “As many arrests as possible, so long as persons are arrested for murder only if and when there is good cause to do so.”

Properly, one establishes sound criteria for making arrests and good investigative procedures. Not quotas. The same principles apply to every kind of arrest.

“Yes, Paul Jacob. But all this is bleedingly obvious. Why go on about it?”

Alas, what is really basic common sense to you and me apparently clashes with the desire of some within and without police departments for “proof” of effective results. Proof like total number of arrests. (Of course, in a police state, you might arrest half the population, far exceeding any quota, and still get lots of crime.)

The errant fondness for arrest quotas is at least being ended, almost, in Virginia, where the governor has signed legislation to prohibit Virginia agencies and police departments from using them.

I write “almost” because the legislation does not include a ban on quotas for traffic tickets, which are like being half-arrested. Tickets are one way municipalities make money.

Well, maybe we can all just stop driving.

This is Common Sense. I’m Paul Jacob.


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Worse Than Shanghaied

Two years into the pandemic, we in America are now mostly arguing about masks.

We’ve suffered pretty repressive measures, here. But we haven’t had to cope with:

● Being literally imprisoned in your home. Stopped from going out even to get food.

● Having fences erected around your home. “What if a fire breaks out?” one Shanghai resident asked a reporter. “I don’t think anyone in their right mind can seal person’s homes.” (Well, fire is not a virus.)

● Being ejected from your home and forced into public barracks for people infected with COVID-19.

● Being ejected from your home so that it can be disinfected.

● Being subjected to a “zero COVID-19” policy, zero common sense.

This is the fate of millions in Shanghai and elsewhere in China.

In the U.S., maybe you were harassed for conducting unmasked church services or keeping your shop open. Maybe you got arrested for paddle boarding, alone, in the Pacific Ocean.

It got pretty bad. But what we are seeing in Shanghai is the reality of a totalitarian regime when it chooses to fully exercise its power to repress. At any moment, the Chinazi state may make it impossible for millions to take the simplest steps to survive.

Shanghai residents may not even complain about their fate. To the extent they have voiced any complaints publicly, the Chinese government has struggled to eliminate all traces of the complaints.

Here, at least, we can gripe. 

But what does a people do when not allowed to protest or argue against their oppressors?

They scream. At night, the people of Shanghai yell out their windows.

Think of it as the soundtrack of mass misery.

This is Common Sense. I’m Paul Jacob.


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education and schooling general freedom national politics & policies

The Explosion in Alternatives

“Across the country, we’re in the midst of an unprecedented explosion in homeschooling and alternative education,” Sharyl Attkinson reported last Sunday on her weekly news program, Full Measure, citing a “mass exodus from America’s public schools.”

And it’s not just about pandemic measures like mask mandates. In February, San Francisco voters overwhelmingly recalled three school board members over their fixation on wokeness to the exclusion of in-person education. And the school board’s antics in liberal Loudoun County, Virginia, turned last year’s race for governor into a referendum on whether parents have any say-so at all. 

They do, apparently

Though I have covered the enormous growth of alternative education during the pandemic — here and here, for instance — I have been looking for more specifics. 

“Relative to pre-pandemic levels,” Corey DeAngelis with the American Federation for Children told Attkisson, “homeschooling has at least doubled,” and now accounts for “closer to 4 million students.”

Too good to be true? I double-checked. The U.S. Census Bureau used the same language as Attkisson and DeAngelis: “the global COVID-19 pandemic has sparked new interest in homeschooling and the appeal of alternative school arrangements has suddenly exploded.”

At the end of the 2019-2020 school year, “about 5.4% of U.S. households with school-aged children reported homeschooling,” according to their Household Pulse Survey. “By fall, 11.1% of households with school-age children reported homeschooling.”

The increase was five-fold for “respondents identified as Black or African American,” with 16.1% homeschooling.

“Still more students have left for religious schools,” reminds DeAngelis, “or other private schools.”

Attkisson also pointed to a jump in support for school choice.

Parents of the world unite. 

This is Common Sense. I’m Paul Jacob.


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