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First Amendment rights regulation

Again Allowed

Retired engineer Wayne Nutt wants to be able to speak freely about engineering problems.

North Carolina, in the form of its Board of Examiners for Engineers and Surveyors, disagrees. The Board sought to prohibit his speech unless he obtained a professional license, and it threatened him with sanctions.

As Institute for Justice puts it, the Board ordered Nutt “to stop talking about math in public.”

In response, Nutt sued, with IJ’s help.

Nutt often writes letters or speaks at public meetings to discuss problems with the designs of buildings and other structures. He also testified in court about flooding of a housing development. This is what caught the attention of the Board, which claims that for Nutt to utter such testimony or any public statements enlisting his specialized knowledge is illegal, amounting to practicing engineering without a license.

“I like the freedom to be able to speak up,” Nutt says.

I sympathize with this desire, as did the Founders who gave us the First Amendment to protect freedom of speech. Fortunately, so does Chief Judge Richard Myers of North Carolina’s Eastern District. He has just issued a favorable ruling in the case.

“This is a win for more than just me,” Nutt says. “There are a lot of people in the same situation — people who have expertise that they’ve been blocked from talking about. This decision is an affirmation that the First Amendment protects all of our rights to share what we know.”

This is Common Sense. I’m Paul Jacob.


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local leaders political challengers

Outlawed But Unmoved 

He plied his trade without shame. Through the years, he was again and again officially rebuked for his conduct. He went ahead full throttle anyway, laughing in the face of danger.

Once, enforcers even tossed him in jail for a night to deter him from his dastardly deeds, deeds that were so galling and offensive to . . . well, to competitors in the same business who had decades of regulatory tyranny on their side.

On the Liberty website, Bruce Ramsey recalls the story. Born Michael Patrick Shanks, Mike officially changed his name to Mike the Mover. 

Why? For the advertising value.

Maybe also the annoyance value.

His job was helping people move. Illegal, because the state of Washington doled out a strictly limited number of professional licenses. And for half a century it was virtually impossible to get one.

“Mike had started in 1981 with one truck,” says Ramsey. “When he painted his name on his trucks his competitors noticed him and complained. In 1987 the state cited him. In 1992 it hit him with a cease-and-desist order. In 1993 it slapped him with a court injunction. . . . He ignored them all. [State] enforcers wrote 89 tickets, each a gross misdemeanor, for operating without a license.”

Where Mike the Mover led, others followed. Finally, the regulators eased up and began licensing many more people to move for a living.

Not Mike the Mover. When he was finally offered a license, “I told them to shove it.”

Thanks, Mike.

This is Common Sense. I’m Paul Jacob.


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