Category: Regulating Protest

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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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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 crime and punishment folly general freedom government transparency ideological culture moral hazard Regulating Protest tax policy

Been Burned

IRS, I.R.S., corruption, taxes, budget, tears

“They’ve been burned. They’ve been hammered. They’ve been bludgeoned,” George Washington University law professor Miriam Galston explained to the Washington Post. “They’re trying to survive.”

In this heartbreaking discussion at this special time of year, the “they” are the poor, long-suffering folks . . . at the Internal Revenue Service.

According to the Post analysis, “conservatives” have schemed to “scale back the IRS and shrink the federal government.” (I guess this is supposed to tear at every American’s heartstrings.) Notably, they “capitalized on revelations in 2013 that IRS officials focused inappropriately on tea party and other conservative groups based . . . Among conservatives, the episode has come to be known as the ‘IRS targeting scandal.’”

Note that term of art: episode.

The Post saw no scandal, however — despite the IRS having admitted to harassing, blocking and delaying Tea Party and conservative groups from exercising their most fundamental First Amendment rights to freedom of association and freedom of speech, in some cases for four years.

Instead, the Post decries the response to this gross violation of citizens, a congressional check on the power — and budget — of the agency responsible: reducing the budget for the Exempt Organizations division of the IRS from $102 million in 2011 to $82 million in 2016.

Heavens, Washington is never supposed to work like that! It actually approaches . . . accountability.

The budget cuts, along with hefty settlements the IRS is now paying to victimized groups that sued, make it less likely the IRS will repeat this scandalous . . . episode.

“To many, the IRS targeting of Tea Party and conservative and even some progressive groups is not a scandal,” my Sunday Townhall.com column concluded. “To me, that’s the biggest scandal of all.”

This is Common Sense. I’m Paul Jacob.

 

N.B. The title reference is to Neil Young’s song, Burned, which begins, “Been burned, and with both feet on the ground . . .”

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IRS, I.R.S., corruption, taxes, budget, tears

 

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Accountability folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest

Trouble in Transmission

Deplorable radio, censorship, hate speech, tranny, University of Minnesota-Morris

Weeks ago, students Brandon Albrecht and Tayler Lehmann hosted a weekly program on their university-funded, 225-watt FM station.

But not anymore.

“We have a group here called the Queer Devil Worshippers for a Better Future,” Albrecht told his University of Minnesota-Morris audience. “It’s kind of like our version of Antifa here at Morris.”

“Except they’re nicer,” co-host Tayler Lehmann chimed in. “And less violent.”

“The only reason they’re non-violent is because there are not enough of them. And everybody knows everybody here at Morris,” Albrecht continued. “You see one tranny that’s trying to punch someone . . . I’m not going to dox anybody and name them on air. But you two know if I say ‘the tranny who looks like he’s going to punch someone.’”

A short time later, station manager Carter Young, with a UMM policeman in tow, entered the studio and demanded they leave.

“What happened?” inquired Lehmann.

“You said a couple words that break FCC violations [sic],” she replied.

“What word?” Albrecht asked.

“Specifically, ‘tranny.’ That is a hate slur. Not allowed on the radio. I need you to leave.”

“Did you have to call the police?” inquired a third unidentified student.

“Yes, because this is an FCC violation; you are breaking the law.”

The students’ “Deplorable Radio” program has been permanently suspended.

But KUMM 89.7 now admits that the word “tranny” is not “in violation of FCC community standards.” The station then accused the duo of hosting an earlier show while intoxicated, which they flatly deny. Now a spokesperson claims the issue is “compliance with DJ expectations and station standards.”

Meaning? The publicly-owned station does not like their politics.

You might want to call or email the station . . . while such speech is still permitted.

This is Common Sense. I’m Paul Jacob.

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folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Popular Regulating Protest U.S. Constitution

Force Over Persuasion

free speech, BLM, Black Lives Matter, tolerance, censorship

Today’s campus radicals assert that free speech is bad because it “gives voice” to people with hateful, dangerous views.

Does that argument seem at all familiar? It is the old RightThink rationale for censorship.

A recent Spiked “Unsafe Spaces” event at Rutgers (“Identity Politics: the New Racialism”) was interrupted by now-too-famiar shouts and out-of-turn questions and invective. Kmele Foster, one of the panelists, had been explaining how important free speech rights were to the civil rights protesters in the 1960s, and to Martin Luther King in particular.

At “that precise moment,” as Reason’s Matt Welch puts it, the shouts of “Black lives matter!” began. And continued.

But more interesting than this bullying? Some of the more coherent theses articulated by the interrupters. One woman, CampusReform relates,

yelled in response to the panelists that she doesn’t “need statistics,” later complaining that “the system” controls facts.

“It’s the system. It’s the institution,” she said. “Don’t tell me about facts. I don’t need no facts.”

Well, the moment you prove immune to any fact is the exact point in time that you’ve given up on rationality, free inquiry, and maybe even civilization itself.

It’s so 1984-ish.

And it demonstrates the old idea that, when you can no longer reason or allow others to express different opinions . . . or even discuss the factuality of this or that contention, you have only one other option: force.

Become bully.

Or tyrant.

Civilization is the triumph of persuasion over force. Being against free speech is to reverse that.

The acme of barbarism.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom media and media people moral hazard national politics & policies Regulating Protest too much government

Crossing the Twitter Rubicon

Liberty, Trump, censorship, NBC, New York Times, First Amendment

No sooner had I upbraided media folks for overreacting to various presidential peccadillos regarding Puerto Rico, when Donald J. Trump, in his running media battle, crossed a line with this week’s most notorious tweet.

He first complained, perhaps correctly, that, “Fake @NBCNews made up a story that I wanted a ‘tenfold’ increase in our U.S. nuclear arsenal. Pure fiction, made up to demean.” But then the chief executive officer of the United States of America tweeted this: “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License?”

The answer to his question is: never.

The Federal Communications Commission licenses the network affiliates of ABC, NBC and CBS across the country — not the networks themselves — to broadcast their television signals using public airwaves. Still, through those affiliates a tyrannical FCC could no doubt damage the networks.

Government licensing of media outlets is anathema to the First Amendment. And the thought of the POTUS actively threatening the ability of NBC or other networks to report the news as they freely decide is . . . well, unthinkable.

I don’t buy the accusations that Trump is undermining freedom of the press by criticizing the press — even arguing by tweet, “The FAKE NEWS media (failing @nytimes, @CNN, @NBCNews and many more) . . . is the enemy of the American People!” The president is as free to criticize the media as the media is free to criticize the president.

It might be his duty.

But considering the use of official government power to potentially “shut down NBC and other American networks,” as UK’s Independent reported, or just to temper their coverage?

Despotism.

This is Common Sense. I’m Paul Jacob. 

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Accountability Common Sense general freedom media and media people national politics & policies Regulating Protest responsibility

Time for Action

NFL, freedom, rights, football, Pence, Prison Reform

More protests during the national anthem; more opposition to those protests by the Trump administration; more recriminations about the administration’s opposition to the protests. Ah, modern times.

Let’s review:

  1. NFL players have a constitutional right to take a knee during the national anthem.
  2. NFL owners do have or could have (depending on who you believe) a contractual right to require players to stand for the national anthem or face action.
  3. Presidents have a right to suggest that owners fire NFL players who take a knee during the anthem, though I’d really prefer they not use the term SOB — though again they have a right to say it.  
  4. Vice-Presidents have a right to leave an NFL game if NFL players take a knee during the anthem or, believe it or not, for any reason they feel like. And under our free system, they can even go further, and plan their reaction ahead of time depending on what action players take.*
  5. NFL fans have a right to continue to be fans or not.

I love football, but haven’t followed the NFL for decades.

I love rights even more. And I think we certainly ought to be talking about and, more importantly, working on criminal justice reform. Let’s not lose sight of that in the controversy over the NFL protests.

Perhaps, the time for protest is ending. The time for action is now.

This is Common Sense. I’m Paul Jacob.

 

* Did Vice-President Mike Pence leave the Colts-49ers game as a PR stunt? Well, every move the president or the VP make is a public relations stunt. If that’s the primary attack on the VEEP’s actions, he has turned the corner and is in the clear.

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general freedom initiative, referendum, and recall political challengers Regulating Protest

Self-Determination, Anyone?

An election can be a clarifying event.

So can the suppression of an election.

Over the weekend, more than two million Catalans, greater than 40 percent of those eligible, voted in a referendum on independence from Spain. To which Spain’s Prime Minister Mariano Rajoy declared, “There was no independence referendum in Catalonia today.”

Rajoy certainly tried to stop it.

Spanish authorities shut down referendum websites and sent hordes of national police into the region to seize ballots and forcibly prevent people from voting. News reports are full of those police using rubber bullets on crowds, smashing their way into polling places and roughing up people.

Nearly a thousand citizens of Catalonia were injured in various clashes.

While the referendum result was a lopsided 90 percent opting for independence, previous polling shows Catalans split on the question. Perhaps the suppression worked best with those opposed to separation from Spain, who seem to have stayed home.

Let the people have a fair vote and follow the result. Anything less suggests support for the unthinkable: holding the Catalans in Spain against their will.  

Last week, Iraqi Kurds also held a referendum in which voters overwhelmingly favored separation — in this case from Iraq and for the formation of their own wholly independent nation. And, likewise, others, including the United States, tried to block the vote. Thankfully, not by force.

Yet. Turkey and Iran oppose an independent Kurdistan because they fear it will embolden demands by their own Kurdish populations for greater autonomy. Or independence.

In a world with respect for freedom, the principle is obvious: self-determination. Take it as far as you like.

Or even as far as Ludwig von Mises took it.*

This is Common Sense. I’m Paul Jacob. 

 

* “The right of self-determination,” Mises wrote in Liberalism (1927), “in regard to the question of membership in a state thus means: whenever the inhabitants of a particular territory, whether it be a single village, a whole district, or a series of adjacent districts, make it known, by a freely conducted plebiscite, that they no longer wish to remain united to the state to which they belong at the time, but wish either to form an independent state or to attach themselves to some other state, their wishes are to be respected and complied with. This is the only feasible and effective way of preventing revolutions and civil and international wars.”

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Accountability ballot access general freedom government transparency ideological culture initiative, referendum, and recall insider corruption local leaders national politics & policies property rights Regulating Protest responsibility too much government U.S. Constitution

The Great Faction

great fiction, government, citizen, initiative, term limits, Paul Jacob

Politics isn’t a pretty business.

Frédéric Bastiat called the beast it serves “that great fiction” not because it doesn’t exist — intrusive state power sure persists — but rather because what it promises cannot really happen: “everyone living at the expense of everyone else.”

What can we do? How do we counteract a game that is rigged to increase the insanity, not reduce it?

Last week I indicated one thing a minor party with that goal in mind could do: use its power of spoiling elections to change major party behavior, and thus give citizens a fighting chance to restrain governmental metastasis.

Cancer.

I also suggested “blackmailing” the major parties into setting up a system of voting that . . . ends the power to blackmail! I believe that system — ranked choice voting — holds many positives, not the least of which is ending strategic voting, wherein voters are tempted to “falsify” their own preferences and support candidates they might dislike. This is as corrupting to the citizenry as the Great Fiction itself.

Let’s hope a savvy minor party leverages the major parties, gaining reforms to improve the system. Regardless, we can all — independently — push two other limits on political power:

  1. term limits at all levels, and
  2. initiative and referendum rights in all the states, not just the 26 that have it now.

Initiative and referendum rights would give ordinary citizens the leverage to possibly restrain the mad rush to live at each others’ expense. With the initiative, citizens can gain term limits, which produce more competitive legislative elections and lead to fewer legislators captured by the interests loitering in the capitol.

This is Common Sense. I’m Paul Jacob.

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Categories
Accountability free trade & free markets general freedom national politics & policies property rights Regulating Protest

Union Dues, Don’ts

labor unions, Membership Renewal, Supreme Court, force, coercion, signing, scab, membership

You may soon be able to shred your union card — if you are careful.

By “you” I mean You, the reluctant union member.

If you’re not one, though, perhaps you know somebody who is, someone who’d be happy to learn that the Supreme Court is on the verge of dealing a huge setback to coercive unionism.

John Hinderaker explains at Power Line. The Supreme Court is expected to soon decide a major case in a way that “bar[s] public employees from being forced into unions, or from being required to support unions via the fiction of ‘fair share contributions.’ ” (Much of that money goes straight to Democratic Party coffers.) With Neil Gorsuch now on the bench, a 4-4 holding pattern is expected to become a 5-4 decision in favor of plaintiffs suing for freedom from mandatory union membership.

Sounds good.

Problem is, though, that union officials are working to trick members into paying dues in perpetuity. For example, Education Minnesota is trying to con its 86,000 teachers into signing “Membership Renewal” forms assenting to automatic renewal of fees – unless the signatory makes a special effort to opt out.

The union hopes members will sign the cards and forget about them, continuing to fund the unions, and Democratic politics, indefinitely — even if the high court rescues everyone from mandatory membership.

So, if you happen to be trapped in a union at the moment — watch what you sign. And watch the news.

This is Common Sense. I’m Paul Jacob.

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