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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

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 folly general freedom moral hazard privacy too much government

Dutch Treat

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 crime and punishment government transparency media and media people moral hazard national politics & policies privacy Snowden

Clapper into the Clink?

Lying to Congress is a strange crime. A number of people have been prosecuted for it over the years, but Congress isn’t a court of law and, more to the point, Congress may present the densest source of lies in the United States.

The idea that it would be illegal for a citizen to lie to a den of liars is, well, a bit amusing.

But it is illegal, and definitely should be illegal, for government functionaries to give false testimony before Congress.

That’s why the case of the admittedly “untruthful”* James Clapper is so aggravating. When asked by Senator Ron Wyden, on the Senate floor, about data collection of phone calls by the U.S. federal government, he — the director of national intelligence under President Barack Obama from 2010 to 2017 — lied through his teeth.

And had not Edward Snowden leaked information on the National Security Administration’s metadata collection program, we would not have learned anything about it.

No wonder, then, that several congressmen want to prosecute Clapper before March 12, when the Statute of Limitations runs out on his crime. Steven Nelson at the Washington Examiner quotes Rep. Ted Poe (R‑Tex.), Rep. Thomas Massie (R‑Ky.), Rep. Louie Gohmert (R‑Tex.), and Rep. James Sensenbrenner (R‑Wis.) as all being in favor of siccing federal prosecutors on the forked tongue spymaster.

Senator Wyden warns that letting lies such as Clapper’s go unaddressed encourages Americans to be cynical about government, and “makes it possible, even probable, for hucksters and authoritarians to take power.”

Too late?

This is Common Sense. I’m Paul Jacob.

 

* Clapper’s March 2013 whopper at the Senate Intelligence Committee hearing was that the NSA was “not wittingly” collecting “any type of data at all” on millions of Americans. Later, to MSNBC, he characterized his artful dodge as having been “the least untruthful” way for him to respond.


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

Hey, It’s Your Money

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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crime and punishment folly general freedom nannyism privacy property rights responsibility

The New Ortho-Doxing

“What a nice Halloween,” my wife remarked as we turned out the lights. 

Well, not in nearby Oakton, Virginia, where Jamie Stevenson walked past her neighbor’s home last Saturday and saw “a racist display.”

“She knew it was a Halloween decoration,” the Washington Post reported.

Heedless, she contacted her homeowners association, the Southern Poverty Law Center, and the perpetrator: “What you appear to be displaying is an effigy of a black person being lynched. As your neighbor and a person of color [Stevenson is Asian], I find this racist … deeply offensive. I’m sure this is not your intent.”

“It is not my intent to offend anyone,” was her neighbor’s immediate and predictable response to her email. Shockingly, he had never noticed that his “Monster in the tree had darker skin.” 

So, on a rainy Sunday, he took it down.

One might think that, with Stevenson’s sensitivity, she wouldn’t perform her own social media lynching — or doxing — against her neighbor. But on Monday, acknowledging that no offense had been intended and with the offending display removed, Stevenson still posted “a flier” on Facebook with a photo of an actual 1889 lynching next to the picture she had snapped of her neighbor’s Halloween display, declaring: “RACISM and HATE have no place in our neighborhood.” 

She called for a boycott of her neighbor’s free Halloween candy … and handily provided his home address. 

“[W]hen you point out racism, people have a choice to make,” she insisted. “They either acknowledge it and have to do something about it, or they deny it and are complicit in it.”

Or then again, neighbor, maybe you’ve got racism on the noggin and folks are only complicit in sharing a traditional joy with the neighborhood kids.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom local leaders moral hazard nannyism national politics & policies privacy property rights responsibility too much government U.S. Constitution

The Minimal Use of a Finger

Drivers in Washington State have a new law to … swerve from?

“New distracted driving law starts Sunday, July 23,” the Washington State Department of Transportation (WSDOT) tweeted last week. “The law forbids,” Washingtonians were told,  “virtually all use of handheld gadgets such as phones, tablets, laptop computers and gaming devices while driving.”

The idea is to prevent accidents. Though distracted driving’s danger has been contested, texting while driving certainly seems a kind of crazy. 

Thankfully, it’s possible to talk “hands free.”

Which, it turns out, the new law does allow. Drivers may activate and de-​activate hands-​free devices (and apps) with the “minimal use of a finger.” 

Eating and drinking while driving are also disallowed, but those are “secondary offenses,” which police are not allowed to pull you over for.

At this point, another meaning of “minimal use of a finger” may occur to some readers. What starts out as secondary offenses have been known to be upgraded, legally and practically, to primary offense status.

Does a shiver runs down your back?

Yet another rule! More fines! 

More interactions with police. 

And if all this doesn’t feel “police state‑y” enough for you, there is argument in Seattle about whether pedestrians should be prohibited from “distracted walking.” 

Yes, some are actually considering that. 

I’m reminded of an argument against socialism: government-​run enterprises tend to be run “ruthlessly and with special attention to prosecution (and overburdening) of the poor.” Why would anyone want such techniques writ society-​wide, in every sector?

Meanwhile, we apparently must live and drive with more rules and more fines and more harassment.

This is Common Sense. I’m Paul Jacob.


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