Category: property rights

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crime and punishment First Amendment rights general freedom moral hazard property rights too much government

A Cakewalk Case?

Masterpiece Cakeshop v. Colorado Civil Rights Commission, Supreme Court, civil rights, first amendment

The Justices seem split — on the “gay cake” case. 

A Christian baker had no trouble selling a gay couple a pre-​made cake, out of his showcase, but balked at selling a custom wedding cake of any kind. According to NPR’s Nina Totenberg, the couple understood that requesting a “gay” themed cake would go too far. But the baker’s refusal to decorate any wedding cake seemed unacceptable.

In Colorado, where the cake didn’t get made, there is a public accommodations law that says businesses must serve all customers regardless of race, religion, or sexual orientation. So Colorado went after the baker, the baker hired a lawyer, and Masterpiece Cakeshop v. Colorado Civil Rights Commission was heard by the Supreme Court this week.

Commonly billed as a conflict between First Amendment-​guaranteed religious freedom* and the civil rights of citizens as defined and protected by a state law, it almost defies easy solution. 

One could argue that the First Amendment right to freely associate (including the right not to associate) should extend to business. But that goes against legislation built up since the 1964 Civil Rights Act, which in many places ended an often violent racial segregation** no one wants back. However, a custom-​made wedding cake is also expressive and therefore speech.

One could decide for Colorado on federalist grounds. And the late Justice Antonin Scalia, Ms. Totenberg tells us, argued that a general law not directed at a religion does not allow a specifically religious defense.

But one defense of the baker may work. The Colorado Civil Rights Commission has not applied its rulings equally. It sided with non-Christian bakers who refused to make cakes for Christians requesting Bible-​verse cakes.

And that “takes the cake.”

This is Common Sense. I’m Paul Jacob

 

* In this regard, Justice Kennedy stated from the bench that it seemed to him “that the state in its position here has been neither tolerant nor respectful of Mr. Phillips’ religious beliefs.” Kennedy will likely be the swing vote.

** No small amount of this violence, segregation and discrimination was coerced by state laws in defiance of the Fourteenth Amendment and the Bill of Rights.

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folly free trade & free markets general freedom moral hazard nannyism national politics & policies property rights responsibility too much government

What’s the Big Deal?

Standard Oil, monopoly, merger, antitrust, Aetna, CVS Health Corp

Big news: in a $69 billion deal, CVS Health Corp. plans to buy Aetna Inc. The AP story by James F. Peltz says the move “would shake up healthcare industry.”

Should we worry?

Because corporations aren’t cancerous, growth and consolidation are not to be feared as such. 

But speaking of cancerous growths … the federal government will not likely take the news of the merger with the tranquility of a Taoist sage. 

Over at Forbes, last month, Bruce Japsen predicted that the deal wouldn’t go through, arguing that “a full-​blown merger of the healthcare giants would be complicated and unlikely given recent antitrust scrutiny in the sector and given that the drugstore chain is already going into business with an Aetna rival, Anthem.”

Government antitrust to the rescue?

No. We may have been schooled to believe that antitrust “protects competition,” but it has always limited competition, instead. Antitrust was always about fear — of bigness. It was definitely not designed to help consumers. The classic case is the infamous break-​up of Standard Oil, which produced more fuel while lowering prices — even as it grew humongous.* Standard Oil grew because it satisfied consumer demand. Which is what businesses are for. 

And yet government broke it to pieces, using antitrust rationales, for the benefit of some producers, some businesses.

Think of it as crony capitalism in action.

So, my remaining question runs like this: is the CVS/​Aetna merger a response to pure market demand, or as a way to wiggle around insane state and federal regulations?

Health care in America is sick. The merger is not likely the cure. But it would not kill the patient. 

We have government for that.

This is Common Sense. I’m Paul Jacob.

 

* For background, consult the studies of economist Dominick T. Armentano.

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Accountability crime and punishment free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies property rights responsibility too much government

The Owners of Twitter Have Rights

Twitter, freedom, social media, bluebird, government, internet, speech

Roger Stone is suing Twitter for kicking him out. 

Without saying exactly why they booted him, Twitter implies that the reason is abusive language. For his part, Stone accuses the social media giant of targeting right-​wing tweeters while letting left-​wing tweeters off the hook for the same or worse alleged wrongdoing. 

I’ll stipulate that Stone is justified in accusing Twitter of rank, ideologically motivated hypocrisy in applying its micro-​blog policies. But he’s wrong to sue.

As I have argued before — indeed, just yesterday — government should not regulate Internet forums and should not compel Twitter or other firms to provide a soapbox for anybody else. The only relevant legal issue here is whether Twitter has violated a contract. But Twitter does not agree to let anyone use its services unconditionally. And I don’t think that Stone is alleging any violation of contract. 

Our right to freedom of speech does not include the right to force others to give us access to their property in order to exercise that freedom. Nor do the rights of any individuals to use and dispose of their own property disappear if they happen to create a very big and successful enterprise. There are many ways to try to make Twitter pay for bad policies without using force against the company, including boycott and direct competition.

I agree with the guy who said that one’s right to freedom is not contingent upon a guarantee “that one will always do the right thing as others see it.” 

This is Common Sense. I’m Paul Jacob.

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Photo by Nigel on Flickr

 

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crime and punishment folly general freedom nannyism privacy property rights responsibility

The New Ortho-Doxing

Halloween, Southern Poverty Law Center, lynching, doxing, racism, hate speech

“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 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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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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