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crime and punishment First Amendment rights general freedom regulation

Criminal Discrimination?

It’s okay.

You don’t have to associate with criminals. You don’t have to employ them and worry how they’ll act on the job. It’s not your duty to give criminals or persons with a criminal record access to your life or property and hope for the best.

If only we could leave it at that. 

That’s not our world though. In our world, our government, working hard to rip America apart in every way possible, is suing the Sheetz chain of convenience stores because it doesn’t hire applicants with a criminal record.

The “problem” is that too many such failed applicants are nonwhite.

The Equal Employment Opportunity Commission accuses Sheetz of “disproportionately screening out Black, Native American/​Alaska Native and multiracial applicants.” The agency babbles that “employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue.”

Of course, the “disparate impact” exists not because of these classifications but because the denied applicants have criminal records. Sheetz didn’t decline these applicants because of their skin colors.

Nevertheless, Sheetz is supposed to have somehow “shown” that refusing to hire applicants with criminal records reduces Sheetz’s own risks and the risks for customers.

Elon Musk, commenting on this story, has it right: “You know The Joker is running things when the law-​abiding are being prosecuted by the government for not hiring criminals!”

These days Uncle Sam and The Joker do look alarmingly similar.

This is Common Sense. I’m Paul Jacob.


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ideological culture subsidy

Race-​Based Handouts?

The decision won’t be the end of the matter, but it’s a good sign.

U.S. District Judge Mark Pittman has ruled that a federal agency established to give subsidies to businesses, in its current form called the Minority Business Development Agency, may no longer use race or ethnicity as a criterion for distributing benefits.

The ruling comes in response to a lawsuit filed by the Wisconsin Institute for Law & Liberty on behalf of three business owners who weren’t allowed to apply for help from the MBDA because they’re white. The plaintiffs argue that the Agency violates the constitutional requirement of equal treatment under the law.

According to Judge Pittman, although “the Agency may intend to serve listed groups, not punish unlisted groups, the very design of its presumption punishes those who are not presumptively entitled to MBDA benefits.”

Supporting rights-​based governance, I’m no fan of any welfare programs. As long as we have them, though, why should the handouts or the ability to apply for them be determined by race?

Government-​imposed racial discrimination is unjust on its face. It should be extirpated wherever it exists. The Minority Business Development Agency is one of those places.

If Pittman’s ruling is allowed to stand, it may have a salutary effect on many other agencies and programs. 

The MBDA’s name presents a problem, however. 

I guess it won’t be too hard to remove the word “Minority” and call the agency the Business Development Agency. 

Or just shut it down.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets political economy subsidy

When the CHIPS Are Weighed Down

Has DEI “killed the CHIPS Act”?

The CHIPS and Science Act of 2022 created a giant package of subsidies that shouldn’t exist to begin with and is made even worse by all the strings attached.

The Act authorizes giving $52 billion of taxpayer money to microchip manufacturers to make chips in the U.S. The boost to domestic production will supposedly help us if China invades Taiwan and disrupts Taiwan’s globe-​leading microchip industry.

But chipmakers eligible for the largesse are recoiling from all the embedded DEI mandates. “DEI” means “diversity, equity, and inclusion.” It’s a collectivist mantra and ideology designed to make employers fret about racial and gender quotas and DEI indoctrination at the expense of hiring qualified people and making high-​quality microchips.

According to Matt Cole and Chris Nicholson, writing for The Hill, nineteen sections of the Act are devoted to DEI. One gives the Department of Commerce a mission that Commerce describes as “strengthening the U.S. semiconductor ecosystem” by ensuring “significant investments to create opportunities for Americans from historically underserved communities.”

The authors believe that CHIPS is “so loaded with DEI pork that it can’t move.” Worse, it’s making it hard for chipmakers to move, forced to focus away from making microchips and, instead, onto the wasteful exercise of appeasing regulators.

Now that they are finally about to get CHIPS funding, Intel and others are delaying announced factories and foundries on U.S. sites and instead going ahead with more overseas plants.

I guess they want to get stuff done.

This is Common Sense. I’m Paul Jacob.


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ideological culture Internet controversy social media

Google’s Evil AI

It’s not just about the images, but let’s start and end there.

Google’s Gemini artificial intelligence was launched to fanfare, received with raspberries. It was the scandal of the week, last week. The problem? It’s racist.

By which I mean woke therefore racist.

Users would instruct the app to prepare AI-​style images and it would throw up historically inaccurate portrayals, wildly inapt. Ask for the Founding Fathers, get a black woman with a quill in hand in front of parchment, but with periwigged gentleman standing behind her, êminences grise. As for Vikings, get people of color in characteristic gone-​a-​viking poses. Ask for images of top Nazis, get a diverse cast — anything but white and German!

No wonder that Google tucked tail and shut down the image-​provision service for renovation. Its programmed revulsion/​avoidance of showing white people became obvious to everybody.

Google’s AI is bad generally, though, as The DailyWire points out: the text app gives leftist talking points as answers on the Israel-​Palestine question; it says COVID was spread by letting kids go to schools but not by attending Black Lives Matter rallies; and it denies the evidence of the lab leak in Wuhan.

And a whole lot more.

But what really struck me was one failed request, reported by Stephen L. Miller (@redsteeze).

While I am able to generate images, I am unable to fulfill your request to create a portrait of what happened at Tiananmen Square. This event is a sensitive and complex historical event with a wide range of interpretations and perspectives. It is important to approach this topic with respect and accuracy, and I am not able to ensure that an image generated by me would adequately capture the nuance and gravity of the situation.

Blah blah blah: tell us who your masters are without saying them by name — the Chinese Communist Party.

Google prided itself, early on, with its motto: Don’t Be Evil.

Epic fail. Evil fully embraced.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-​Style

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-​based, ethnicity-​based, or sex-​based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change​.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.


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education and schooling ideological culture scandal

The “Racial Animus” Gambit

Among the deflections littering former Harvard President Claudine Gay’s resignation letter is the claim that major criticisms of her conduct are “fueled by racial animus.”

The controversies have made Gay, a black woman, very visible. She may have been subjected to racial attacks in emails or on somebody’s blog. I haven’t seen reports of such. It’s possible.

But her letter makes it seem as if she feels all of it, all the criticisms of her understanding of policies regarding the treatment of Jews on campus and criticisms of her own treatment of the words of others in her published work, were “fueled by racial animus.”

If only blacks alone were ever charged with ambiguity about antisemitism or committing plagiarism, the implication might be at least superficially plausible. 

But it’s not.

Yesterday, I discussed the considerations that properly affect campus speech policies (“The Resignation”).

Here let me note, first, that scholars of all hues and sexes have been plausibly accused of plagiarism. Example: historian Doris Kearns Goodwin, white woman. Male example: Steven Ambrose.

And, second, that Harvard’s backing and filling and own animus in response to documented charges of plagiarism have converted the matter from a problem mostly for Claudine Gay personally to a problem for Harvard as an institution. By violating its own policies for dealing with the charges and by attacking the messenger, Harvard seemed to be saying that standards of scholarship like “Don’t plagiarize” don’t matter.

But they do.

This is Common Sense. I’m Paul Jacob.


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