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crime and punishment general freedom too much government

The Wisdom of Freedom

“Salon À la Mode owner Shelley Luther was sentenced to seven days in jail for criminal and civil contempt and a $7,000 fine,” the Dallas-​Ft. Worth CBS affiliate reported Tuesday, “for defying Governor Greg Abbott’s stay-​at-​home rules.”

She dared to open her beauty salon … and tore up a county judge’s related and official-​looking cease and desist order.

Another judge offered to spare her jail if she would confess that her “actions were selfish” and, the judge lectured, “putting your own interest ahead of those in the community in which you live.” Luther responded decisively: “Feeding my kids isn’t selfish.”

Calling for Luther’s “immediate release,” Attorney General Ken Paxton articulated smart policy: “The judge should not put people in jail like her who are just trying to make a living.”

That should be written in law — sans the “like her” part.

The agile Governor Abbott, the rule’s originator, ducked responsibility with “surely there are less restrictive means to achieving [public safety] than jailing a Texas mother.”

Then, governor, why the command

“I am modifying my executive orders,” Abbott declared yesterday, “to ensure confinement is not a punishment for violating an order.” 

The Lieutenant Governor paid her fine.

Shelley Luther was “free” — and on Fox News last night.

But have we learned anything? 

Why not provide the public with the best information available and allow people to make their own decisions? No orders. Businesspeople would be free to do what they think is best. At-​risk folks would be free to be very careful. 

Obviously, governments can help. But best through persuasion, remembering they work for us

Free people.

This is Common Sense. I’m Paul Jacob.


Note: In The Wisdom of Crowds (2004), James Surowiecki posited that “a diverse collection of independently deciding individuals” can make complex decisions better than the experts. Exactly.

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Accountability national politics & policies

Incentives Going Viral

Back in the 1850s, when the Fugitive Slave Act was in force, the federal commissioners who determined whether a nabbed black person in the North could legally be “returned” to the South to serve as somebody’s slave were paid $5 a head if the answer were No, and $10 a head were the answer Yes.

It is universally agreed among scholars that this incentive resulted in free blacks being kidnapped and turned into slaves.

It was one of the reasons why there was so much resistance to the Fugitive Slave Act in the northern states.

Incentives matter.

Similarly, though with far less momentous initial consequences, hospitals get paid more from the federal government if doctors or administrators list a patient as a coronavirus patient when placing them on ventilators.

This became an issue because a medical doctor, Minnesota State Senator Scott Jensen, made it one in several venues, including on Fox News.

The Snopes fact-​checking service rated Jensen’s claims a “mixture,” but USA Today diagnosed the claims “as TRUE.”

Not only do hospitals and doctors get paid more, laboratory-​confirmed tests are not required — all “made possible under the Coronavirus Aid, Relief and Economic Security Act through a Medicare 20% add-​on to its regular payment for COVID-​19 patients.”

Incentives making a difference, you can see how this might inflate the numbers of COVID-​19 cases and deaths.

We do not know the extent of the resulting misinformation. But we know it has some effect. 

Muddying up statistics is itself a danger, since evaluating the pandemic and our reactions to it is going to be a huge issue in the next few months — and years.

This is Common Sense. I’m Paul Jacob.


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Covid, corona virus, epidemic, pandemic, incentives,

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general freedom The Draft

Why Not Ask for Help?

“When this is all over, the NHS England board should resign in their entirety,” Richard Horton, editor of The Lancet, quoted an employee of Britain’s National Health Service. 

Horton agrees. It’s “a national scandal.”

But now things are looking up.

“[T]he British government asked people to help the National Health Service,” reports The Washington Post, “it called for a ‘volunteer army.’”

“The NHS is ‘rallying the troops’ for the war on coronavirus,” reads the NHS webpage, “with volunteers being called up to help vulnerable people stay safe and well at home.”

The results? 

“Within four days, 750,000 people had signed up,” The Post quantified, “three times the original target and four times the size of the British armed forces.” 

The newspaper story recounts several endearing tales of people inspired to serve their fellow Brits. And now the website’s sign-​up page notes recruiting has been paused — to process the applications.

That’s certainly not the tack taken by New York’s Bill de Blasio. “Mayor de Blasio today called on the federal government to institute an essential draft of all private medical personnel to help in the fight against COVID-​19,” informed the city’s website.

Sadly, the mayor wasn’t alone. At Foreign Policy, University of Massachusetts professor Charli Carpenter asked, “But why isn’t compulsory service on the menu of policy options right now?”

Why would a politician and a professor demand to conscript citizens of a free Republic? 

Without ever asking for volunteers. 

Meanwhile, ABC News notes that “[m]ore than 9,000 retired soldiers have responded to the U.S. Army’s call for retired medical personnel to assist with the response to the novel coronavirus pandemic,” and others are rushing to help

As free people are known to do.

This is Common Sense. I’m Paul Jacob.


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pandemic, shut down, epidemic, freedom, voluntary, covid,

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ideological culture

The Great Divide

The current pandemic panic and crisis, Brian Doherty noted in Reason, “is a harshly vivid example of Americans’ inability to understand, fruitfully communicate with, or show a hint of respect for those seen to be on other side of an ideological line.”

Mr. Doherty, who profiled me in his book Radicals for Capitalism, calls the two major positions “Openers” versus “Closers.” 

They do not trust each other, and their respective policy prescriptions — opening up society to normal commerce versus keeping it closed, under lockdown — are poles apart. 

Doherty doesn’t mention how we treat experts. Virologists, medical doctors and epidemiologists also form ranks on both sides, and these experts sure seem to be talking past each other, too.

Which seems neither professional nor scientific.

Doherty concludes by asserting that, even after obtaining answers to questions regarding “the disease’s spread, extent, and damage” or coming to an eventual conclusion regarding “the long term damage to life and prosperity the economic shutdown is causing,” we must admit that “human beings of goodwill and intelligence might come to a different value judgment about what policy is best overall.”

Sure. But, looking over the divide as he presents it, I am afraid I see one side — the Openers — concerned about a broad number of possible disasters (economic dislocation and even mass starvation in addition to illness and death) while the other — the Closers — obsessing about fighting a disease about which there remains limited knowledge and little agreement.

The Openers seem a whole lot more open to diverse considerations.

Including the possibility that freedom might result in a better collective response than orders issued by mayors and governors and the president. 

Which strikes me as more like Common Sense.

I’m Paul Jacob.


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Virus, corona virus, Covid, epidemic, pandemic, authoritarianism,

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First Amendment rights media and media people

Who’s Banned What?

Has dissent about pandemic policy been outlawed? 

I mean, “for the duration”?

Well, no. 

The Internet displays every possible view of policy and epidemiology, expressed with every possible degree of temperateness or intemperateness.

Yet we are indeed seeing signs of indifference to freedom of speech even when that speech cannot entail breathing a coronavirus on anybody.

According to CNN, Facebook told the network: “Anti-​quarantine protests being organized through Facebook in California, New Jersey, and Nebraska are being removed from the platform on the instruction of governments in those three states because it violates stay-​at-​home orders.”

Online posts “violate stay-​at-​home orders”? 

Who knew? 

Obviously, a protest that violates social-​distancing rules (if it does) is not the same thing as a communication about the protest.

Apparently, Facebook is a willing functionary of whichever state governments will instruct it to carry out their censorship. Tyler O’Neil opines that “it is disconcerting that Facebook would work with local governments to remove pages organizing protests against them.” 

Yes, indeed.

But such reports have been disputed. Facebook may be acting on its own. For example, a spokeswoman for New Jersey Governor Phil Murphy says that his office “did not ask Facebook to remove pages or posts for events promoting lifting the provisions of the Governor’s stay-​at-​home order.” Nebraska also denies making such a request. 

Which version of the story is true? 

Which is worse? 

Both are creepy.

I just hope that this muzzling-​speech-​just-​to-​help thing doesn’t start spreading like a virus.

This is Common Sense. I’m Paul Jacob


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ideological culture political economy

The “Failure” of Capitalism?

“As the lock-​downs come to an end,” writes economist Daniel Kian Mc Kiernan, “it will be expected by many — including many not on the political left — that the economy will pick-​up at about where it was before the lock-downs.”

Mc Kiernan thinks a popular misconception will get in the way. 

Those who see the economy as “a kernel of processes that take inputs and produce outputs based upon purely technologic considerations” will let this techocratic model cloud their thinking. Viewing this “kernel” as producing not only “everything necessary to maintain itself” but also, and more importantly, a surplus that they treat as a zero sum affair — requiring the State to redistribute — they will regard the re-​start as if a mere flipping on of a switch.

But the economy is not something to be un-​plugged and plugged back in, and the lock-​down super-​quarantine was not a mere interruption of service. It was a huge blow that will demand uncountable adjustments. Those quite necessary adjustments may seem random, even wild, and because of this those on the “political left” will, Mc Kiernan predicts, do what they always do: “diagnose the failure to restore the economy quickly as ‘a failure of capitalism.’”

In other words, the bully knocks the victim down, stomps on him, and then taunts him for not getting up right away. 

Still worse: those taunts will become excuses for more kicking and stomping. And the flailing economy will be seen as all the more justification for more of the bully-​boy Big Government policies that caused the “failure.”

This is Common Sense. I’m Paul Jacob.


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bully, economy, Covid, corona virus, Wuhan, epidemic, pandemic,

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