Category: general freedom

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Accountability general freedom ideological culture media and media people Popular term limits

Let There Be Light

Washington Post, Democracy, term limits,

The Washington Post sports a new masthead slogan: “Democracy Dies in Darkness,.”

A story in last Sunday’s Metro section suggests that the editors are yet to fully implement the slogan’s implicit mission — providing impartial, unbiased illumination. “Term limits for Maryland legislators?” reads the headline. “Here’s why that’s unlikely,” it immediately answers.

“Term limits seem highly popular in Maryland,” begin the article.

Seem?

What produces that elusive sensory perception? I mean, other than every poll ever taken and, as the Post elaborates, “Voters in the state’s two largest jurisdictions, Montgomery and Prince George’s counties, strongly endorsed them at the polls in recent years.”

Add to that three other counties, which had previously enacted term limits, the paper informs.

Still, the idea is “widely considered dead on arrival.”

Why? you ask.

“It’s very difficult,” explains Gov. Larry Hogan, “to convince people to willingly give up their power.”

“People” not as in “the People” but, instead, such as Senate President Mike Miller, a 46-year incumbent and the Senate boss for three decades running, and Speaker Mike Busch, a 31-year incumbent and the longest serving speaker in state history.

But wait . . . why didn’t politicians in those five Maryland counties block term limits like state legislators “likely” will? Did their lack of experience cause them to forget to be self-serving jerks?

No. Counties in Maryland have a ballot initiative process whereby citizens can petition term limits directly to a democratic vote. Their elected servants simply cannot ignore them.

The Post piece could have pointed out that very difference — between the democratic outcomes in those counties and an unrepresentative one at the state capitol.

It did not.

Democracy dies in darkness.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly general freedom local leaders moral hazard nannyism national politics & policies Popular privacy Regulating Protest too much government

The Last Straw

plastic straws, nanny state, fine, crime, California, freedom

How much should we fine waiters who destroy our planet?

For how long should they go to jail?

I don’t know where you would hold such an evildoer after the earth has been destroyed. Or where he’d go when released. But we’re speaking hypothetically. Assume that planet-destroyers can be imprisoned on the moon, which let’s just say still orbits the earth’s decimated remains. Or assume that after being destroyed, the planet can be reconstructed. After serving his sentence, then, the waiter would be released to a reconstructed earth.

In that case, a maximum $1,000 fine as suggested by Ian Calderon, Democratic majority leader of the California State Assembly, seems only fair. However, a maximum of six months in jail is excessive. In my opinion, planet-destroying waiters should suffer no more than 100 days in jail.

Calderon has proposed a bill, AB-1884, to fine and/or imprison waiters who offer unsolicited plastic straws to restaurant patrons. In response to criticism of his silly and vicious bill, Calderon says hey, it’s “NOT a ban” on straws! Oh, okay. Anyway, “Penalties are based on the code section the bill is currently in, which it will be amended out of,” which sounds like Calderon was prior to the uproar . . . what, joking?

As long as we’re amending, let me amend my own implication that people who offer, use, make or sell plastic straws* are in fact helping destroy earth. Just kidding!

The earth will survive plastic straws. Will it survive the Calderons of the world?

Open question.

This is Common Sense. I’m Paul Jacob.

 

* Not that I’m confirming or denying ever using one myself.

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crime and punishment First Amendment rights general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government

Twitter’s Merkel Tactics or Merkel’s Twitter Tactics?

Twitter, censorship, Germany, Merkel, speech, double standard

Is Twitter cooperating with Germany’s new crackdown on social-media speech because otherwise it risks steep penalties? Or is Twitter just doing what it would do anyway?

When Germany’s new law against unwelcome speech went into effect this year, many Germans protested. “Please spare us the thought police!” was the headline in one top-selling paper, Bild.

The law requires social-media sites to block unapproved content — which includes “hate speech” and “fake news” — within 24 hours or face exorbitant fines. (Of course, every piece of news, no matter how well or shabbily reported, gets decried as hateful “fake news” by somebody.) Under the new law, Twitter suspended the accounts of two officials of the political party Alternative for Germany who tweeted that Muslim men have violent proclivities. Hateful, fake, inexact, whatever, such tweets by themselves threaten nobody and violate nobody’s rights.

Did Twitter act only under duress here?

Well, in the U.S., the company is not ordered by our government to muzzle anybody except perhaps terrorists or persons directly instigating a crime. Yet Twitter regularly suspends or bans users whose speech it considers objectionable. Moreover, it has become notorious for especially targeting speech that can be regarded as on the right end of the political spectrum — while leaving intact the tweet-speech of left-wing micro-bloggers no matter how threatening or abusive.

I don’t say America’s government should become involved. It should certainly not compel Twitter to drop its double standard.

Instead, it is Twitter itself that should become involved . . . and drop its double standard.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment general freedom government transparency ideological culture moral hazard national politics & policies Regulating Protest tax policy too much government

Still at Large

IRS, drain the swamp, Trump, Lois Lerner, tax, tax man

Blogger Paul Caron, dean of Pepperdine Law School, still counts the days since we learned that the IRS was blocking applications for nonprofit status from right-leaning groups at the behest of former IRS honcho Lois Lerner.

Now years later, the agency can still arbitrarily victimize any one of us. Nor have Lerner and other bad guys been brought to justice. Lerner collects a six-figure pension, instead.

And so, on Day 1699, Caron highlighted Kimberly Strassel’s proposal that President Trump make 2018 “the year of civil-service reform — a root-and-branch overhaul of the government itself. Call it Operation Drain the Swamp.” Exhibit A? The IRS and civil “servants” like “Lois Lerner, the IRS official who used her powers to silence conservative nonprofits.”  

And on Day 1709, Caron called our attention to Lerner’s attempt to suppress a deposition she gave in June “for a civil suit that victims [of IRS targeting] brought in 2013.” Lerner thinks we have no right to know why she felt justified in discriminating against applicants for tax-exempt status based on their political viewpoint.

Unfortunately, not everyone cares about justice as much as Caron.

Consider an obtuse Washington Post editorial pretending that the IRS didn’t really target conservative groups. Instead, “conservative groups, their allies in Congress and the IRS itself all bear responsibility” for the appearance otherwise.

And the aftermath.

Uh huh. If only victims of the abuse of power would stop being so indelicate as to object!

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly general freedom moral hazard privacy too much government

Dutch Treat

Rotterdam, expensive, clothing, arrest, Netherlands, crime, rights

Rotterdam police are gearing up for a new crime reduction scheme.

“They’ll soon begin a pilot program targeting young men in designer clothes that the police believe they couldn’t afford legally,” reports Quartz. “If it’s not clear how the person paid for the clothing, the police may confiscate it.”

A police spokesman for the Netherlands city confirmed both the test program and their confidence in their own clairvoyance, “We know they have clothes that are too expensive to wear with the money they get.”

Beyond the complete disregard for everyone’s basic rights, people worry the law will be applied discriminatorily against minorities. As one young resident warned, “Police won’t consider a white guy walking around in an expensive jacket to be a potential drug dealer. But it’ll be a different story with minorities.”

But surely the poor of all races will become suspects for the new “fashion police.”

“What is the next step if police start asking you how you got the clothes you are wearing,” Rotterdam lawyer Jaap Spigt queried DutchNews. “Will they soon be going through your home asking how you paid for your television or sofa?”

Thank goodness, I don’t live in Rotterdam.

Wait a second . . . the civil asset forfeiture policies at work right now in the U.S. permit police to take money and property — including clothing — without even charging a person with a crime. Simply taking stuff on the assertion of it being either involved in or the proceeds from criminal activity is precisely what’s happening in Rotterdam.

How long before Americans are stopped and partially stripped on the street by police who determine they are guilty of criminally overdressing sans trial?

At least, my poor fashion sense is trending up.

This is Common Sense. I’m Paul Jacob.

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Accountability First Amendment rights general freedom media and media people

Pravda in the Izvestia

Donald, Trump, fake news, Krugman, press, media,

Back in the USSR’s heyday, the joke about the two major newspapers, Pravda (meaning “truth” — and published by the Communist Party) and Izvestia (meaning “news” — and published by the Soviet State), was that “there’s no Truth in the News and no News in the Truth.”

Nowadays, in Trump’s America, we have fake news. And one reason Donald Trump won the presidency was his defiant stance against the “lying press.”

Which is why, when Trump announced, last week, his intent to give out awards to the news media for their top “fake news” stories of 2017, he was playing to his base. This week he announced his picks. It did not exactly bowl everyone over.

Indeed, I am going to skip most of it, noticing only that the press whined a bit and picked at the list on technical grounds, and that Sen. Flake gave Trump some flak.

But Trump’s pick for First Place is worth thinking about.

And the Duranty* goes to … New York Times economist Paul Krugman!

What for? The Nobel Laureate’s insane and unhinged prediction immediately after Trump’s win: “We are very probably looking at a global recession, with no end in sight.”

An embarrassing play for Doomsayer Attention, which has been “trumped” (so to speak) by new record stock market highs.

Of course, a global depression may be in the offing — but it probably won’t be Trump’s fault, and Krugman is totally resistant to acknowledging that dire event’s likely structural causes (debt, Fed policy).

But note: prophecy isn’t “news,” and in announcing the award Trump characterized his win in 2016 as a “landslide.”

So save a Duranty for Trump.

This is Common Sense. I’m Paul Jacob.

 

* My term, not a “Newsy” or “Fakesy,” and named, of course, after Walter Duranty, the Times’ Pulitzer Winning Fake News apologist for the Soviet Union and Stalin, back in the 1930s.

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Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

Deyshia Hargrav, superintendent, schoolboard, Vermilion Parish school board, free speech, government, local government, Lozman v. Riviera Beach, Florida, Supreme Court

“Who Are We?” I asked Sunday at Townhall.com.

Today’s question: What have we come to?

Under a seemingly click-bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room . . . only to be forced to the floor, handcuffed and arrested once in the hallway.

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive.

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman.

Does this after-the-fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.

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Accountability general freedom moral hazard nannyism national politics & policies privacy tax policy

Hey, It’s Your Money

tax cut, trickle down, supply side, taxes, jobs, employment

I leave it up to you how to spend your own money. You decide, based on your own circumstances and priorities.

Oh, you don’t need my permission?

Of course not.

But some people think that if you spend your own money on your own priorities in accordance with your own judgment, it is indeed a problem. At least when you get to keep more of your own money because of tax cuts.

President Trump has often suggested that recipients of new corporate tax cuts will spend the additional money mostly on increasing wages and hiring new workers. Yet some major corporations reportedly say that they will spend the additional money on paying dividends or buying back shares. Maybe others will buy more advertising, storage space or tools. Various commentators fret. But why should a firm hire new workers if other expenditures would be more productive at the moment?

Of course, in the long run, a company that is more profitable and successful can hire more people and can pay them more.

But wages are not the only expense that companies must cover in order to be successful in the long run. Managers do, and should, devote resources first to the improvements that they conclude are most urgent. That a company’s resources increase because of a tax cut doesn’t alter the necessity or reasonableness of pursuing economic goals in accordance with one’s best judgment.

An approach that, to be sure, also benefits present employees as well as future ones.

This is Common Sense. I’m Paul Jacob.

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general freedom media and media people national politics & policies too much government U.S. Constitution

Happy Birthday, America!

Tom Paine, Thomas Paine, Laurent Dabos

What? Oh, sure, I know the United States of America has its birthday on July 4th, that day in 1776 when the Second Continental Congress adopted the Declaration of Independence.

Let’s agree I’m early. (Oh, how I wish it were July.)

But the interesting thing about history is how we get to those moments wherein the great “we” declare our independence or fill the streets or storm the beaches — or the polls. The many big, important days that lead to THE day.

Today is such a date, because 242 years ago on January 10, 1776, Thomas Paine published Common Sense. Without this day 242 years ago, we wouldn’t have had Independence Day six months later.

Using common and direct language, and speaking to all the “inhabitants of America,” Common Sense made the case for both independence from Britain and the establishment of a democratic republic. Boy, did it make the case. On a per capita basis, Paine’s pamphlet is the bestselling American publication in history.

His pamphlet or parts were read publicly, reprinted in newspapers and spread throughout the colonies. This common man — barely an American,* having landed on our shores in November 1774 — used the universal language, speaking truth to power.

“Every spot of the old world is overrun with oppression,” Paine told his fellow Americans. “Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.”

The original idea of these United States was freedom.

And that, my friends, is Common Sense. (I’m Paul Jacob.)

 

* Of course, this makes Paine almost quintessentially American.

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Accountability crime and punishment folly free trade & free markets general freedom moral hazard nannyism national politics & policies too much government U.S. Constitution

The Ninth and the Tenth of It

marijuana, constitution, intrastate, rights, legalization, decriminalization

When Attorney General Jeff Sessions rescinded the Obama Administration enforcement guidelines regarding the states that have legalized (in their 29 different ways) marijuana, last week, supporters of freedom expressed some worry.

But we had to admit, one excuse for Sessions’s nixing of the mostly hands-off policy seemed to make sense on purely legal grounds. If we want to liberalize drug laws, then our Cowardly Congress should do it.

Definitely not the Executive Branch.

And yet, over at the Volokh Conspiracy, Will Baude argues that “the rule of law” does not require “renewed enforcement of the Controlled Substances Act.”

If anything, he argues, it “requires the opposite.”

Baude mostly rests his case on the Constitution’s Commerce Clause, which does not authorize regulation of intra-state trade. An issue on which the AG does possess a duty to weigh in.*

This rubs against FDR-Era constitutional theory, of course, which treats all commerce as regulate-able interstate trade. But this makes no sense. The Tenth Amendment declares that states possess powers not given to the federal government. An interpretation of the Constitution cannot be justified if it effectively nullifies other parts of the Constitution. (If all trade is “inter” state, what’s left for the states? Powers to do what? And how could there be any constraints on federal power?)

And then there is the Ninth Amendment, which states that the people retain rights not listed in the Constitution.

When citizens assert rights — such as the option to cultivate, sell, buy or ingest a common and quite hardy plant — in their states (largely through ballot initiatives), the federal government should butt out.

This is Common Sense. I’m Paul Jacob.

 

* “Members of the executive branch have their own obligation to interpret the Constitution,” Baude writes, “and if a federal law is unconstitutional in part then the executive branch, no less than the courts, should say so. It is the Constitution, not the Court, that is the ultimate rule of law in our system.”

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