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First Amendment rights

Register the Critics!

Joy Reid cited it as just another example of “right-​wing fantasy,” and Newt Gingrich had, if anything, worse things to say about it.

What is it?

A proposed Florida law advanced by State Senator Jason Brodeur (R‑Lake Mary).

Senate Bill 1316 “would require bloggers to register with the state within five days of any post mentioning a state official, according to Florida Politics,” Newsweek article explains. “It would then require bloggers to file monthly reports listing posts that mention officials, as well as any compensation for those posts.”

The legislation, which has not advanced far — and probably won’t — has received mostly negative responses. Former Speaker of the House Gingrich’s is typical: “The idea that bloggers criticizing a politician should register with the government is insane. [I]t is an embarrassment that it is a Republican state legislator in Florida who introduced a bill to that effect. He should withdraw it immediately.”

Promoters of the law defended it mainly by saying that Ginrich’s criticism mischaracterized the law. Not all political bloggers would have to register, only those paid to write would be. Only!

“If a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office.…”

Former FEC Commissioner Brad Smith challenged the notion itself: “Would you apply this to journalists? Citizen who write letters to their representatives? People who talk to their neighbors? Why not? No, you don’t have a right to know who is paying them. You have a right to ignore them if that matters to you.”

Since the world began, politicians have had a very difficult time ignoring their critics. Instead, like this Florida Senator, they want to shut them up. By force. By intimidation. By regulatory harassment.

The First Amendment says NO.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets too much government

“m” Is for “Misnamed”

What does Florida Governor Ron DeSantis’s administration — more specifically, the state’s misnamed Department of Economic Opportunity (mDEO) — think it’s doing?

The town of Gainesville, Florida, has liberalized its zoning laws to legalize the construction of certain small apartment buildings.

Who knew that building any housing on property owned by developers or by persons letting developers build on their property was illegal to begin with? But better late than never, Gainesville.

Not so fast! says the reputedly pro-​free-​market but apparently also pro-​central-​planning DeSantis administration.

According to an mDEO lawsuit, it’s illogical “for the City to argue that by entirely removing the concept of lower density detached residential dwellings…it is doing anything more than helping provide housing to college students and higher income residents.”

Huh? Providing housing only for people who will use that housing! Via various voluntary market transactions!! Is there no end to human deviltry?

Of course, as Reason writer Christian Britschgi points out, increasing the supply of housing units of any type will tend to reduce the demand for all already-​existing housing, lowering the rents of units, including low-​end units, that developers may not be building at the moment. 

I guess the folks at the mDEO aren’t especially ardent fans of Henry Hazlitt’s Economics In One Lesson.

And anyway, what about the inalienable right of anybody of any income level to make market arrangements to shelter themselves from the elements?

In the last few years, DeSantis has gained a good reputation, daring to resist the Big Government mob. Now he needs to resist that mob in his own administration. 

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly general freedom too much government

Ian and the Scurvy Knave

Don’t help people after a hurricane! 

Not if you live in another state and there’s no time to lose but … you’re licensed only in that other state.

Now, before you declare Houston-​based Terence Duque an innocent victim because he was arrested for not being Florida-​licensed, let’s take a cold hard look at the facts. Duque is licensed in Texas, has operated a successful roofing business since 2008, is rated A+ by the Better Business Bureau, is called a “preferred contractor” by Owens Corning.

Sounds okay, right?

But hold on. After Hurricane Ian smashed Florida a few weeks ago, what did this scurvy knave do?

Shamelessly and with constructive purposes aforethought, Duque offered his services to residents of hard-​hit Charlotte County, Florida!!!! No, seriously. Simply because homeowners had had their roofs ripped up, Duque offered to repair them!!!!! Yet this man calls himself a roofer!!!!!!!!!

Arrested by the Charlotte County sheriff, who says “I will not allow unlicensed contractors to further victimize [sic]” hurricane victims, Duque is charged with “conducting business in Charlotte County without a Florida license.” He faces one to five years in jail.

He says he thought he’d been allowed to help Floridians because licensing regulations had been loosened due to the emergency. 

No.

Justin Pearson, an attorney with Institute for Justice, says Duque was punished for “doing the right thing.”

The right thing??? The man was honestly trying to help people recover from a terrible personal setback and fully qualified to do so!!!!!!! Look at the facts!!!!!!!!!

Throw away the key?

This is, er, Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall

Good News … For Now

For now.

One must always add that proviso — at least with respect to constitutional provisions like term limits and citizen initiative rights, which limit the power of lawmakers and expand that of citizens. For these, incumbents’ hostility never ends.

But for now? The news is good. 

The Florida House of Representatives website reports that HJR 1127 “Died on Second Reading Calendar” in mid-​March. The same fate is reported for the companion senate bill.

The measure would have amended the constitution to limit citizen-​initiated amendments “to matters relating to procedural subjects or to structure of government or of State Constitution.”

Citizen initiatives would have been prohibited from dealing with policy matters, including legislatively enacted (or citizen-​enacted) policy that voters seek to reverse.*

During the battle over the measure, Kara Gross of the ACLU observed that some lawmakers “continue to find new ways to make the already-​stringent citizen initiative process even more challenging.”

One legislator who challenged the Republican-​sponsored measure was Democratic Representative Andrew Learned.

“Is it really best that the legislature make decisions and not the citizens of Florida on the ballot?” he asked. “If the people of Florida at the ballot aren’t a check on the legislature, I don’t know what is.”

No matter how unpopular such a bill might be with mere constituents, many lawmakers would have had no problem imposing it. As a constitutional amendment, though, such a change must be approved by voters. 

And that proved a bridge too far.

This is Common Sense. I’m Paul Jacob.


 * Florida politicians cry crocodile tears over citizen initiatives amending the constitution instead of merely changing a statute. Those same legislators refuse to establish a path for citizens to petition statutory changes onto the ballot.

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education and schooling term limits

Term Limits for School Boards

Statewide term limits on Florida’s school boards are finally here.

The limits passed by Florida’s legislature and signed into law by Governor Ron DeSantis are not the best one could hope for. State senators pushed for and got a 12-​year limit rather than the eight-​year limit preferred by house members.

Regardless, parents and children are better off with at least some legal limit on the tenure of board members and on their opportunity to abuse power — some curb in addition to the possibility of surmounting the overwhelming electoral advantages that incumbents typically enjoy.

Governor DeSantis agrees that the legislation reaching his desk should have been an eight-​year limit.

“They did three terms . . . and I wouldn’t veto the bill just over that. But if it were a standalone measure, I would have insisted on just two terms for school board members because I think that’s enough time to go, serve, get stuff done.”

In 2018, the Florida Constitutional Revision Commission sent eight-​year limits on school-​board tenure to the voters as Amendment 8. But the Florida Supreme Court knocked the question off the ballot because the limits were combined with other measures to reform education, like more freedom for charter schools.

It is a near-​certainty that voters would have passed the measure — a prospect that terrified those who benefit from rampant school-​board corruption.

Sure, what has now been enacted is only a partial remedy. But it’s something.

I’m a firm believer in the philosophy that something good is better than nothing good.

This is Common Sense. I’m Paul Jacob.


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education and schooling general freedom too much government

The Young and the Unmasked

It wouldn’t surprise me if Tiffany McHugh, former director of the Foothills Christian Church Preschool in San Diego, wishes now that she had been running a preschool in a slack state like Florida.

Florida doesn’t penalize such malefaction.

It doesn’t even prohibit it. Yes, things have gotten pretty bad in states like Florida. They let the two-​year-​olds breathe: unthinkable! The policymakers in these states apparently labor under the presumption that the COVID-​19 pandemic is not Bubonic Plague 2.0 and that, for kids, the risk of serious COVID-​19 disease has always been very low.

Well, in California they take these risks seriously!!!!!!!

The Golden State’s Department of Social Services has shut down the preschool McHugh was directing and pulled her license. The problem? She couldn’t get the tykes to stay masked.

“There were a lot of children who were just too young to wear masks,” McHugh confesses,“they pull them off. It’s really difficult.”

This makes it sound as if she didn’t even try handcuffing the kids so that they could not remove their masks. Talk about dereliction of duty.

Other area preschools have not been similarly targeted, and so many suspect selective enforcement. But hold on. When you’re going after flouters of regulations, somebody has to be brought to book first. 

Rest assured, all other San Diego and California preschools will be outlawed momentarily.

McHugh’s school has appealed the decision to ban her forlife from working with children. The hearing will be held on February 11.

This is Common Sense. I’m Paul Jacob.


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