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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean? 

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-​members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 


 

Illustration by Newtown grafitti

 

Categories
education and schooling general freedom ideological culture moral hazard nannyism national politics & policies too much government

Grading Democracy on the Curve

Voters, we are told, are amazingly ignorant. So, what to do?

“Ultimately, the ideal democracy is one in which as many citizens as possible vote,” writes Dambisa Moyo at The Guardian, “and the voters are armed with the most objective information. Yet today only a fraction of the electorate are voting, and many are armed with a diet of hyped-​up statistics and social media propaganda.” Among her proposals is a voting booth access test: “why not give all voters a test of their knowledge?”

I can think of a whole bunch of reasons, as can Ilya Somin, over at Volokh Conspiracy, who considers just a few. One of the more interesting is this: whereas Moyo has no wish to shove poor people out of the voting booth, and so envisions public schools to teach to the test — “the knowledge needed should be part of the core curriculum” — Somin quotes John Stuart Mill about the very political dangers of the very idea of public schooling: “A general State education,” wrote Mill in On Liberty, would inevitably be devised to please and serve “the dominant power in the government, whether this be a monarch, an aristocracy, or a majority of the existing generation” and must constitute “a despotism over the mind.”

Though Moyo does observe incumbency and political careerism as big problems, she is innocent of the more fundamental issues.

Indeed, she does not consider the obvious: today’s voter ignorance of politics and government is in no small part the result of government schools.

For politicians, general ignorance is not a bug, it’s a feature.

Let’s look for solutions to political problems that do not give politicians more power.

This is Common Sense. I’m Paul Jacob.

 


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general freedom ideological culture media and media people moral hazard

The Cuban Slavery-​and-​Freedom Sandwich

How easy is it to mix freedom with just the right amount of slavery?

New York Times reporter Azam Ahmed regards the attempt to mingle political opposites as noble or at least understandable. He doesn’t call Cuban Communism and its destructive effects “bad” — it’s a “unique tapestry.” 

He wonders, instead, to what extent the Cuban government can fine-​tune the contradiction.

According to the article, Cuba’s newest Dear Leader “will have to foster the growing private sector … while guarding against the income inequality it often brings.… Move too slowly and it risks economic collapse and widespread discontent.… Move too fast, and it risks unstitching the unique tapestry of Cuba’s social project.”

“Unique”? With or without cigars and salsa, the “social project” of repressing a hapless populace is as old as civilization. And as a “tapestry,” we’ve seen this warp and weft before.

Under freedom, inequalities are unavoidable.* On the other hand, nothing is wrong with inequality per se. Nature, human beings and economic outcomes are inherently unequal. Equality arrives only with the grave.

A government working to phase out slavery and phase in freedom may have legitimate problems in transition. But it is wrongheaded to seek just the right “balance” of both. How can any degree of freedom and markets fail to threaten a revolution, the purpose of which is a thoroughgoing assault on freedom and markets?

My advice to Cuban social engineers? Abandon Communism altogether and embrace prosperity and freedom instead.

This is Common Sense. I’m Paul Jacob.

 

* Speaking of inequality, Cuba’s head commies certainly have not lived like the masses they’ve kept down.


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crime and punishment education and schooling folly general freedom moral hazard privacy responsibility too much government U.S. Constitution

Ecstatic with Independence

Utah’s legislature unanimously passed it; the governor signed it — the nation’s first measure protecting what’s become known as “free-​range parenting.” 

It was once known simply as “parenting.”

Certain activities are now exempt from a state law criminalizing child neglect. Children may legally “walk, run or bike to and from school, travel to commercial or recreational facilities, play outside and remain at home unattended” — thereby allowing “a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities …”

Back in the day, we apparently played outside in a sort of statutory limbo.

Do we really need a law saying kids can walk on a public street? 

Sadly, yes: government agencies across the country are grossly violating the most basic rights of parents to rear independent children.

Regular readers may recall my 2015 defenses* of the Meitiv parents against the absurd charge of “unsubstantiated neglect” leveled against them by Montgomery County (Maryland) Child Protective Services. Ultimately, Maryland authorities acknowledged that permitting one’s kids (in the Meitivs’ case, a 10- and a 6‑year-​old) to walk on a public sidewalk (from a local park) wasn’t prima facie evidence of a crime. 

The current free-​range parenting movement was launched in 2008 when Lenore Skenazy publicly admitted — to mass shock and condemnation — to allowing her 9‑year-​old son to take a trip alone on New York City’s subway.

“My son got home,” she wrote in the New York Sun, “ecstatic with independence.”

Notice how rare it is to find anyone ecstatic with dependence.

Lesson? An old one: Happiness must be pursued with freedom.

This is Common Sense. I’m Paul Jacob.

 

* My writings on the Meitivs’ battle to keep their kids:


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Categories
general freedom meme

Equality vs. Freedom

“A society that puts equality — in the sense of equality of outcome — ahead of freedom will end up with neither equality nor freedom. The use of force to achieve equality will destroy freedom, and the force, introduced for good purposes, will end up in the hands of people who use it to promote their own interests.”

Milton and Rose Friedman, Free to Choose, p. 148.

 

Categories
crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies privacy responsibility Second Amendment rights too much government U.S. Constitution

He Applied Himself

“I need to make this count,” wrote a young man in Everett, Washington. 

Unfortunately, it looks like he wasn’t attempting a big career-​oriented project. He was planning a mass shooting.

“I need to get the biggest fatality number I possibly can,” is one of many damning journal passages the police have made public. Apparently he had settled on attacking the high school he attended. “I’ve been reviewing many mass shootings/​bombings (and attempted bombings) I’m learning from past shooters/​bombers mistakes.”

Ambition and rigor: missapplied.

Fortunately, his grandmother read his journal and discovered a rifle in his guitar case. She turned him into the police the Tuesday before the Florida shooting I wrote about last week. And maybe just in time.

Meanwhile, last week’s Parkland, Florida, shooting dominates the headlines. Fellow students and neighbors of the Florida shooting victims have ramped up their condemnations and demands — including at a horrorshow “town hall” on CNN.

Yet the nature of the difficulties in preventing such atrocities has become lost in the rhetoric and anger.* 

In a free society, we cannot arrest people before they commit a crime. In the Everett case, officials were “lucky”: despite the young man’s lack of a criminal record, they were able to charge him with a burglary they allege he committed the day before arrest — and his extensive planning notes are being taken as evidence for intent. He’s also been charged with attempted murder. 

We should be in inquiry mode, right now. It could be helpful to know the exact motivations for both the Florida shooter and the Everett wannabe — and similar cases.

This is Common Sense. I’m Paul Jacob.

 

* Law enforcement is tasked with uncovering spree shooting plots today — and to protect, too. But the armed, uniformed school resource officer at the Parkland high school failed to protect. He heard the gunshots but never entered the building, while the shooter killed 17 innocents.


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