Tag: law

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Accountability crime and punishment folly free trade & free markets general freedom moral hazard nannyism responsibility too much government

Taking a (Lemonade) Stand

lemonade, freedom, regulation, FDA, free market, law, authoritarian, media

When life hands you lemons.…

Once upon a time, putting up a summertime lemonade stand was the American way for kids to learn about hard work, good will, and entrepreneurship. Almost every kid had one, making some spendable profit selling the nectar.* 

Some of the youngsters grew up to become Bill Gates and Steve Jobs and, well, lemonade’s one heck of a gateway drink.

But then, along came “progress” — that is, mandates and regulations slapped upon businesses. And the hordes of regulators required to enforce the morass of rules — “swarms of Officers.” 

Soon lemonade stands were vanquished from our neighborhoods. 

And America was made safe (at long last!) for … inane bureaucracy. 

“Reports of kids’ lemonade stands being shut down for breaking local health or permitting laws have long left grown-​ups feeling sour,” today’s Wall Street Journal informs. But the story also details how “a growing movement of adults is fighting back.”

So, when government policies hand you lemons, what do you do? 

Make a map of all the lemonade stand clampdowns. 

“I think the Constitution covers [lemonade stands] as written,” Dave Roland told the Journal, explaining the map he and his wife Jenifer have produced. “But if there’s any doubt about that, let’s get it fixed.” The Rolands run the Freedom Center in Missouri, but theirs is a regrettably national map.

Last month, the popular lemonade maker Country Time started “Legal-​Ade,”  pledging to come to the defense of any kid “busted” for trafficking in lemonade. 

Seriously.

“When life gives you arcane laws,” the company’s video says, “make lemonade.”

Taste the Common Sense. I’m Paul Jacob.

 

* The profit was made possible largely by pushing their costs off onto their parents. But isn’t that sorta what parents are for? And good lessons were still learned.

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Accountability crime and punishment free trade & free markets general freedom media and media people moral hazard responsibility

Blame the App?

WhatsApp, India, murder, responsibility, cause, effect, law, ban, blame

Who spreads “fake news”?

Gossips, politicians, publicity agents, Twitter eggs, partisan bloggers, lying news journalists?

Or … the medium of communication they use? 

Do envelopes, stationery, telephones, email, and messaging apps have moral agency?

And who commits the crimes that news (true or false) is used to rationalize?

A New York Times story discusses “How WhatsApp Leads Mobs to Murder in India,” which is like saying that civilization, flying lessons and boarding passes “led” terrorists to 9/​11.

The Times reports that fake news about children being kidnapped — dramatized by doctored video clips and forwarded via WhatsApp, a messaging app — provoked anger and fear in many Indians. Some were then willing to attack anyone who “seemed” about to kidnap children. 

In recent months, dozens of people have been murdered for being in the wrong place at the wrong time.

Without social media and the mega-​popular WhatsApp, the murders probably would not have happened, at least not the way they happened. That seems certain. But this doesn’t mean that without WhatsApp, nobody in India would spread false stories or assault innocent people. 

Mob violence in the country antedates the Internet.

Perhaps a thousand material circumstances directly or indirectly enable any particular act of wrongdoing. But no such prerequisites “lead to” anything without individual choices.

If someone pretends it’s okay to kill innocent persons — or persons whose guilt or innocence he doesn’t care to know — he, the killer, is the guilty party. The telecommunications network or messenger app used to provide grist for excuse-​making is innocent.

Apps don’t murder people. People murder people.

This is Common Sense. I’m Paul Jacob.

 

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Common Sense

The Not-​Saint Timothy

violence, force, hate speech, law, crime, libertarian

Some people believe that aggression is physical force and nothing else. From this they derive the notion that only physical violence should be prosecuted — or, more generally, retaliated against with force. 

But it is obvious that some invasions of private property or personal space, with malice and anger and alarming unhinged-​ness, are aggressive.

And should be prosecuted in law.

Take the current case of Timothy Trybus, who is testing a further point of law that especially concerns those of us strongly motivated to focus on initiated force.*

“It is pretty clear,” writes Jacob Sullum in Reason, that the man “broke the law when he harassed Mia Irizarry for wearing a T‑shirt featuring the Puerto Rican flag at a park in Chicago last month.”

Mr. Trybus was drunk, and he “got in her face,” so to speak, challenging her in a not-​unusual nationalistic/​pseudo-​patriotic/​jingoistic fashion that seems old-​fashioned and up-​to-​date Trumpian:

  • “Why are you wearing that?”
  • “This is America!”
  • “If you’re an American citizen, you should not be wearing that shirt in America.”

Puerto Rico may not be a state, but … the proper reaction might have been to challenge the not-​Saint Timothy to a bit of patriotic one-​upmanship: “How can you be so un-​American as to object to an American commonwealth flag?”

He’s now being prosecuted for a hate crime as well as assault. Though he may never have touched the woman, his aggressiveness is legally regarded as a threat of force.

Understandably. But if the hate crime thing sticks, will antifa and other obvious anti-​American thugs be given that extra legal consideration in similar situations?

This is Common Sense. I’m Paul Jacob.

 

* Which, I confess, I like to think of as “all civilized people.” But I may be optimistic. Reducing violence is an almost universal desire, and the question of who started violence is nearly universal. But the focus is, well, in our times called “libertarian.”

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Photo from Max Pixel

 

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Accountability crime and punishment folly free trade & free markets general freedom judiciary local leaders moral hazard nannyism Second Amendment rights too much government U.S. Constitution

Ought Implies Cantifornia

microstamping, bullet, California, law, guns, gun control

“Strip away the absurdity,” writes Scott Shackford at Reason, “and it’s essentially a very technical ruling.”

Shackford is explaining a bizarre recent judgment of the California Supreme Court. 

Politicians in Sacramento had, years ago, passed a gun control measure requiring gun manufacturers to “implement microstamping technology that would imprint identifying information on bullets as they were shot from semi-​automatic weapons.” In 2014, Smith & Wesson announced that it would pull some guns from the California market rather than comply. Why? The technology just wasn’t ready yet.*

Since California’s Civil Code contains a section reiterating an old commonsense principle to the effect that the “law never requires impossibilities,” the National Shooting Sports Foundation sued to block the law.

But the group just lost.

The Court did say it could protect citizens from punishment, but it refused to nullify the legislation on constitutional grounds.

Unanimously.

Why do this? Apparently to protect California politicians in their ongoing social engineering schemes.

The dollar costs of trying to comply with impossible demands are huge, of course. But the biggest costs may be more subtle.

In moral philosophy, it is a truism to say that “ought implies can.” In natural law as understood long ago, an impossible law was thought not a law at all, justifiably ignored by anyone and everyone.

In a just state, flouting of maddening regulations like California’s would lead not merely to the defense of the absurdly put-​upon citizen — as this court ruling still allows — but also to the nixing of the “impossible” law.

This is Common Sense. I’m Paul Jacob.

 

* Shackford notes that “a cynic might theorize that this is the law’s actual intent.” I wouldn’t limit that suspicion to folks given to cynicism. Pragmatists and political scientists and almost anyone else would be placing bets on that, too.

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Accountability crime and punishment education and schooling national politics & policies responsibility U.S. Constitution

Will Feds Foil Foolish Licensing?

Marco Rubio, Elizabeth Warren, student, loan, debt, Florida, federalism, states, federal, law, college loan

It would be nice if the federal government used its often-​abused authority over state and local governments to outlaw various forms of state and local oppression. 

In his book Leviathan: The Growth of Local Government and the Erosion of Liberty, Clint Bolick argues that the federal government is not alone in hugely violating individual rights. Eminent domain, asset forfeiture, zoning, and occupational licensing are among the modes of sub-​federal assault on the innocent. Even as policymakers in various regions of the land act to stop the worst of these abuses, they proceed unchecked elsewhere. 

U.S. Senators Marco Rubio and Democrat Elizabeth Warren are the unlikely duo who may interrupt the now-​common practice of depriving delinquent borrowers of student loans of their right to earn a living from certain trades. Rubio recently admitted on Twitter that as a Florida lawmaker, he once voted to allow the state “to suspend professional licenses of those who defaulted on student loans. I WAS WRONG.… How can they pay back if they can’t work?” 

Yes, Rubio was wrong. 

Senator Warren, for her part, agrees that the practice is “wrong and counterproductive.”

The bi-​partisan duo’s bill would prohibit states from denying driver’s licenses and occupational licenses to borrowers who default on student loans. 

I don’t think the legislation goes as far as it should, even in the delimited area of occupational licensing. The absurdities of occupational licensing go way beyond the scope of the proposed remedy. 

But it’s a start.

This is Common Sense. I’m Paul Jacob.

 

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Photos by Gage Skidmore and Edward Kimmel

 

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

Working to Boost Unemployment

occupational licensing, hair braiding, permission, law, crime, employment, unemployment, control, health

Some government officials work overtime to throw people out of work.

What I’m referring to differs from losing your job or business because of slack performance or slackening sales. Instead, you lose the right to earn your living a certain way so that the government can benefit competitors at your expense.

Occupational licensing is great at dis-employing people. The regulations are especially galling when the work being regulated obviously requires no formal training in order to be done well and safely.

Hair braiding, for example. 

The Institute for Justice — which has done incredible work over the years representing victims of destructive government mandates — just won a victory for hair braiders in Iowa. Thanks to IJ’s efforts, a new law there exempts braiders from having to waste time and money getting a cosmetology license in order to practice their craft.

Such battles are never won permanently, of course. Washington, D.C., recently started requiring day care providers to get a college degree or lose their job. (As I have argued in a Townhall column, the same “logic” would justify forcing people to get college degrees to become parents.) IJ is helping affected parties to challenge the absurd law. 

It is time for a new licensing requirement. Nobody gets to become a local, state or federal lawmaker unless he first writes a million times in a row, “I will never help violate the rights of any man or woman to earn an honest living.”

This is Common Sense. I’m Paul Jacob.

 

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