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First Amendment rights general freedom ideological culture

GOP, ACLU, and NRA Together Again

Occasionally, the stars align and adversaries become allies.

So it is that dozens of Republican congressmen have filed an amicus brief to support an NRA lawsuit against Maria Vullo, a former New York State regulator of the financial services industry. And so it is that the NRA will be represented before the Supreme Court by the American Civil Liberties Union.

After the 2018 Parkland shooting, Vullo pressured financial service companies to boycott organizations like the National Rifle Association that advocate Second Amendment rights.

The NRA sued, contending that Vullo had acted against their First Amendment rights. When the Supreme Court agreed to take their case, the NRA thought: who better to represent us before the justices than the ACLU?

The ACLU, which has not always been consistent in defending free speech, agreed.

Its national legal director, David Cole, says that “the ACLU has long stood for the proposition that we may disagree with what you say but will defend to the death your right to say it.”

Although this case is also about speech, more directly it is about using governmental force to try to stop people from conducting peaceful financial transactions.

If such intimidation of financial companies — or, what is being challenged in separate litigation, of social media companies — were allowed to stand, government would be fully unleashed to threaten market actors in order to prevent constitutionally protected actions and speech that officials dislike.

Our constitutional rights made meaningless.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture Popular Second Amendment rights too much government

Il Duce Cuomo

A federal judge has ruled that the National Rifle Association has a plausible case against New York Governor Andrew Cuomo; the NRA’s lawsuit, alleging that the organization’s rights have been violated by the governor, is going ahead.

As related by Jacob Sullum in two pieces over at Reason, Cuomo sure looks guilty. 

Indeed, the governor’s own words convict him: “If the @NRA goes bankrupt because of the State of New York, they’ll be in my thoughts and prayers. I’ll see you in court.” 

Precisely.

What has Cuomo done? “I am directing the Department of Financial Services,” he commanded, “to urge insurers and bankers statewide to determine whether any relationship they may have with the NRA or similar organizations sends the wrong message to their clients and their communities.”

Is this just regulatory business as usual, as defenders of Cuomo harrumph? Or is it a real violation of rights?

It can be both. 

This is more than “bully pulpit” power, it is actual, gun-under-the-table power — the kind you give to regulators when you set up regulatory bodies rather than establish general principles under a rule of law.

It is a problem on every level of our society, especially the federal government. But states like New York are obviously not immune.

And it reminds me of Mussolini’s method, of The Leader taking control and bullying businesses and groups to do his bidding. (For the “public safety” and to “end violence” — of course.) The essence of fascism.

It’s good to see Il Duce Cuomo get some legal pushback. 

In this Land of the Allegedly Free.

This is Common Sense. I’m Paul Jacob.

 


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

The Myth of the Monoliths

According to organizers of the “March for Our lives,” the National Rifle Association is wholly evil, a corrupter of democracy, a malign presence straight out of Mordor, bent upon murder — a monolithic influence responsible for every mass shooting event.

The clearest expression of this is by young David Hogg, who figured that the NRA’s sum of contributions to Sen. Marco Rubio, when divided not by the number slain in the recent Parkland shooting but instead by the total number of students throughout Florida, came out to $1.05 per student.

Forget the computation — think nasty imputation.

What Hogg and his friends in the media elide is a simple little fact: the NRA is a membership organization. When critics of the Second Amendment point at the NRA and shout “evil!” they are really pointing at the organization’s millions of members.

People, not malign institutions.

Also neglected? The fact that, as near as I can make out, not one NRA member has mown down students in any school or church in America. Instead, at least one civilian NRA member took out his AR-15 to bring down one such mass-murdering shooter.

“Evil NRA” talk is misdirection and slander.

Also not a monolith? Students. Christian Britschgi, writing at Reason, notes that teenagers made up only 10 percent of marchers at the recent rally, and, catching a whiff of astroturf, cites a poll that found less than a majority of Millenials favoring an “assault rifle” ban.

Citizens of all ages disagree. Pretending that all kids are against guns, or that the NRA is anything other than a citizen advocacy group, distorts reality.

This is Common Sense. I’m Paul Jacob.


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Accountability free trade & free markets general freedom government transparency moral hazard national politics & policies porkbarrel politics too much government

Georgia on My Dime

After the recent school shooting in Parkland, Florida, followed by pressure from gun control advocates, Delta Airlines announced it would end its corporate relationship with the National Rifle Association, whereby NRA members were given discounts on travel.*

Meanwhile, Georgia legislators were in the process of passing legislation to give Delta a state sales tax break on their fuel purchases. That special legislative deal was worth a whopping $40 million to the Atlanta-based company.

Yet, when Lt. Gov. Casey Cagle heard about Delta dissing the NRA, he tweeted, “I will kill any tax legislation that benefits @Delta unless the company changes its position and fully reinstates its relationship with @NRA.”

The Lt. Gov. added, “Corporations cannot attack conservatives and expect us not to fight back.”

Everyone is familiar with the story. Those who favor gun rights were angry with Delta Airlines and ecstatic with the pushback from Georgia legislators. Those favoring new legislation to restrict gun ownership were thrilled by Delta’s break with the NRA and livid with those legislators.

But while cheering and jeering one side or the other, too many folks missed the 800-lb problem in the room. A letter writer to the Washington Post illuminated it: “The government can’t punish people or businesses for their political views. They can be punished only by the free market, in the form of lost business.”

True enough in the free market.

But when crony capitalism replaces free markets, the government certainly will punish or reward people and businesses — with millions and billions of our tax dollars — on purely political grounds.

Georgia government just did it to Delta Airlines.

This is Common Sense. I’m Paul Jacob.

 

* To be precise, reports claim a grand total of 13 NRA members availed themselves to the special rates once offered by Delta.


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Accountability crime and punishment general freedom national politics & policies too much government

What Doesn’t Fly

After the Orlando massacre, isn’t it finally time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in the Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company, and his government credentials included “a Florida state-issued security guard license and a security guard firearms license.”

Not to mention that Omar Mateen was twice investigated by the FBI — in 2013 and again in 2014 — and cleared by the agency both times. Though on the terrorist watch list for a while, he was removed from that list after the FBI closed its investigations.

So we need more and tougher background checks? Must the FBI check every gun purchaser three times, is that the charm?

Even if the Feds blocked gun sales to those on the terrorist watch list and the “no-fly” list, it wouldn’t have affected Mateen, for he wasn’t on these lists when he purchased his Sig MCX.

Nevertheless, Connecticut Sen. Chris Murphy led a 14-hour filibuster to bring attention to his gun control legislation . . . that wouldn’t have stopped the Orlando massacre . . . or the shooting in Newtown.

“I will be meeting with the NRA, who has endorsed me,” tweeted Donald Trump, the presumptive GOP presidential nominee, “about not allowing people on the terrorist watch list, or the no fly list, to buy guns.”

If our government ever uses a secret list developed by security agencies to deny citizens their rights, without due legal process, without innocence until proven guilty, we will sorely need our Second Amendment rights.

This is Common Sense. I’m Paul Jacob.


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Omar Mir Seddique Mateen

 

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Accountability folly ideological culture incumbents moral hazard political challengers

What’s Principle Got to Do with It?

Today’s Maryland Primary features a competitive race to replace Democrat Senator Barbara Mikulski, a 30-year veteran. Two House members, Chris Van Hollen and Donna Edwards, are seeking the Democratic nomination.

“[T]his is a contest between two candidates,” National Public Radio’s Kojo Nnamdi notes, “who agree on 99 percent of the relevant issues.”

The campaign got interesting, however, with an attack ad first run by a super PAC, Working for Us, and then by Rep. Edwards’s campaign. The ads hit Van Hollen for a special deal he had made trying to get his 2010 DISCLOSE Act passed. The legislation aimed to force non-profit groups to disclose their donors to the government.

Fearing the hostility of the National Rifle Association, Van Hollen cut a backroom deal exempting the gun rights group, along with several other powerful liberal organizations.

Whatever one thinks of the DISCLOSE Act — and I’ll proudly disclose my contempt — shouldn’t we all agree that drafting laws that apply to most groups except those with political clout is flat-out wrong?

Rep. Donna Edwards, an original co-sponsor of the DISCLOSE Act, wasn’t amused by Van Hollen’s sell-out. She withdrew her support.

I don’t agree with all her principles, but I am glad she has some.

In Washington, it’s lonely for the principled. President Obama came to Van Hollen’s defense. So did the Washington Post, praising Van Hollen (editorially) as a “leading champion of gun safety,” and via Glenn Kessler’s Fact Checker column, which twisted logic to award the Edwards ad three Pinocchios. Democratic congressional leaders, Nancy Pelosi and Harry Reid, also lauded Van Hollen and attacked Edwards.

Washington: city of celebrated sell-outs.

This is Common Sense. I’m Paul Jacob.


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Maryland Primary, Chris Van Hollen,Donna Edwards, super PAC, the National Rifle Association, NRA

 


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