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First Amendment rights

One Vote from Tyranny

The bureaucrats at Missouri’s Ethics Commission lost.

By one vote.

Last Friday, the commission’s outrageous attempt to force Ron Calzone, an unpaid citizen activist, to file and pay a fee as a lobbyist in order to speak to legislators in the capitol was ruled unconstitutional.

After vacating a previous 2-1 decision by a three-judge panel that had upheld that ridiculous requirement, the entire federal Eighth Circuit Court of Appeals weighed-in, ruling 6-5 that such a mandate was a violation of fundamental First Amendment rights.

“[C]an Missouri require Calzone to pay a fee and publicly disclose his political activities, even though he neither spends nor receives any money in connection with his advocacy?” asked the majority opinion. “We conclude that the answer is no.”

Regular readers may recognize Calzone for the same reason Show-Me State legislators know his name: he is an effective advocate for constitutional government. 

And we have covered this specific battle numerous times going back to 2014, when a paid lobbyist at the behest of two legislators (tired of his grassroots input) filed an ethics complaint against Mr. Calzone.

This whole case is one of politicians and their special interest cronies using the bureaucratic, regulatory state to attempt to harass citizens into silence. 

They sure chose the wrong citizen to mess with.

Be grateful to Ron Calzone who stood up for freedom during five years of court battles. And thank goodness for the legal eagles who soared to his defense — in this case the Freedom Center of Missouri and the national Institute for Free Speech.

Yet, be very afraid that while this most fundamental right to freely communicate with one’s elected representatives and speak out on legislation was sustained, it was by a narrow 6-5 vote. 

This is Common Sense. I’m Paul Jacob.


More on this particular case . . . 

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Ron Calzone, Missouri Ethics Commission,

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Today

Will Rogers

On November 4, 1879, American humorist Will Rogers was born. Aside from his cowboy act, and his work as an actor in Hollywood, he gained much fame for being a topical comedian “just reporting what’s in the papers.” Among his most famous quips? “Be thankful we’re not getting all the government we’re paying for.”

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Thought

F. A. Hayek

All economic activity is carried out through time. Every individual economic process occupies a certain time, and all linkages between economic processes necessarily involve longer or shorter periods of time.

F. A. Hayek, “Intertemporal Price Equilibrium and Movement in the Value of Money” (1928)
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audio podcast

The War Lottery (podcast)

Paul offers his weekend wrap-up:

This Week in Common Sense, Nov. 3, 2019.
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by Paul Jacob video

Michigan’s Voters vs. the Pols & Special Interests

This Week in Common Sense, 10/28-11/01, Part Two
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Today

Army Disbands

On November 3, 1783, the American Continental Army — its mission fulfilled — was disbanded.

On November 3, 1969, U.S. President Richard M. Nixon made a television and radio appearance, asking the “silent majority” to join him in solidarity on the Vietnam War effort.

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Thought

Thomas Kyd

Oh eyes, no eyes, but fountains fraught with tears;
Oh life, no life, but lively form of death;
Oh world, no world, but mass of public wrongs,
Confused and filled with murder and misdeeds.”

Thomas Kyd, The Spanish Tragedy (1592)

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by Paul Jacob video

The War Lottery

Paul Jacob reviews the biggest story of the week — no, not impeachment — THE DRAFT!

This Week in Common Sense for the last (partial) week of October 2019.
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The Draft

Attendant Loss of Life

Is there an easy way to avoid the insanity of what author and decorated Marine vet Elliot Ackerman calls America’s “two-decade military quagmire”?

Yesterday, I took issue with Ackerman’s idea of a “reverse-engineered draft,” whereby each year about 65,000 young men and women — but only those with parents in the highest federal tax bracket* — would be forced into the military for two years of “service.” 

“A draft places militarism on a leash,” he argues. But in reality, select young people lose their freedom and politicians don’t relinquish any powers.

Still, Ackerman maintains that 

  1. “with a draft the barrier to entering new wars would be significantly higher” 
  2. placing these “kids” in jeopardy via military conscription would activate their wealthy and influential parents to lobby Congress and the White House 
  3. “could create greater accountability” 

ultimately resulting in a saner military posture around the globe, hopefully allowing us to “avoid . . . a major theater war, the continuance of our ‘terror wars,’ the attendant loss of life.”

Threatening to draft their kids would raise the eyebrows of parents. That’s why when Congress last voted on legislation mandating a draft, even the bill’s author voted NO.

But would having a small drafted force somehow actually save lives?

Let’s look at combat deaths when the United States used a military draft, post-World War II, and compare that to the time-period since 1973, when the draft ended and the All-Volunteer Force began. Those numbers are not close: 

  • Between 1946 and 1973, with the draft in place, nearly 100,000 American soldiers were killed overseas. 
  • Over the more than four decades since the draft ended, fatalities remain under 10,000.

That’s a heap-big correlation between the military draft and “attendant loss of life.”

This is Common Sense. I’m Paul Jacob.


* As I noted yesterday, targeting the draft to apply only to top income earners clearly violates the equal protection clause of the Constitution.

war, the draft, slavery, foreign policy, lottery

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Today

The French Revolution

On November 1, 1790, Edmund Burke published his Reflections on the Revolution in France, predicting that the French Revolution would end in disaster. Though many have disputed his premises and reasoning, few dispute his prophecy, which proved spot on.