Categories
First Amendment rights national politics & policies

Just Sue Already

Two state attorneys general, Eric Schmitt and Jeff Landry (of Missouri and Louisiana, respectively), are suing the federal government for colluding with Big Tech to suppress speech in violation of First Amendment rights.

Their recent filing quotes a ruling which argues that it“violates the First Amendment ‘if the government coerces or induces [a private entity] to take action the government itself would not be permitted to do, such as censor expression of a lawful viewpoint.’”

The plaintiffs observe that this has been happening for years, “culminating in . . . open and explicit censorship programs,” and they ask the court to permanently enjoin such unlawful conduct.

Separately, twenty attorneys general (including Schmitt and Landry) have sent a letter to Homeland Security Secretary Alejandro Mayorkas about the agency’s new board instituted to counter unapproved speech.

The AGs threaten to “consider judicial action” if Mayorkas doesn’t “disband this Orwellian Disinformation Governance Board immediately.”

According to the letter, the board “will inevitably have a chilling effect on free speech.”

It is, I suppose, conceivable that if a suit were filed the Biden administration would recognize that it can’t win and would dissolve the board immediately. So far, though, the administration has just been barreling ahead with bad policies unless and until legally thwarted.

So why are the AGs even bothering with a letter that must have even less effect than a filing?

Now the letter has been submitted. Fine. Give Mayorkas ten minutes to shut down the board. Has he shut it down? No.

Sue!

This is Common Sense. I’m Paul Jacob.


PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
free trade & free markets too much government

A Coffin for Special-Interest Regulation

This is a story about monks and coffins, not vampires and coffins. But, since it takes place in Louisiana, you might be thinking “vampires.” And not just because Interview With a Vampire, Fevre Dream, Dracula 2000 and True Blood have all focused on the Pelican State as a hotbed of undead activity.

You see, it also deals with government. And — of course! — a particular kind of bloodsucking.

The brothers of Saint Joseph Abbey, a Benedictine monastery in Covington, Louisiana, began to make hand-make caskets in 2007. The enterprise was designed as a fund-raising effort to help cover educational and health-care expenses. But the state’s Board of Embalmers and Funeral Directors swooped in and shut down the operation before one wooden “final resting place” had been sold.

And so the monks sued, arguing that the restriction was arbitrary and “served no legitimate public purpose and existed only to funnel money to the funeral-director cartel.”

Exactly. That’s how these sort of things work. The government allows special interests to regulate markets, and suck as much wealth up as possible. It’s the most common form of vampirism today.

Yesterday, the Fifth U.S. Circuit Court of Appeals found in favor of the monks, ruling unanimously. This is historic. And inspiring.

And, yes, it’s the result of good work done by the Institute for Justice, a free-market legal outfit that represented the monks.

Still, I wonder: Do we owe this eminently just ruling at least in part to the easy-to-empathize-with plaintiffs? Would the ruling have been so favorable had the suit been initiated by ordinary Joes? Or an irascible old vampire hunter? (I say this knowing that the folks at IJ are polite, professional, and, uh, youthful, if not eternally so.)

This is Common Sense. I’m Paul Jacob.

Clipart from Clipartheaven.com

Categories
nannyism too much government

Throw the Bums’ Meat Out?

“Beggars can’t be choosers.”

“Never look a gift horse in the mouth.”

These two maxims of generations past sought to curb ingratitude, a sense of entitlement, or even cultivated taste amongst those dependent on the kindness of others — thus preventing the poor from making the best the enemy of the adequate.

But today beggars and gift-horse recipients have the government to look out for them.

Todd Starnes, writing for Fox News, relates the story of the Louisiana Health and Hospitals Department nixing a generous gift of sixteen hundred pounds of venison to a rescue mission:

“Deer meat is not permitted to be served in a shelter, restaurant or any other public eating establishment in Louisiana,” said a Health Dept. official in an email to Fox News. “While we applaud the good intentions of the hunters who donated this meat, we must protect the people who eat at the Rescue Mission, and we cannot allow a potentially serious health threat to endanger the public.”

Another valiant attempt to “help” those worst off in society.

Sarcasm aside, the Louisiana venison was no random benefaction. The hunters had been officially encouraged to hunt, and to donate extra meat, which then went to a processing plant.

But the government, which is here to help us (or so it is said), stepped in. The bureaucrats could have inspected the meat, but, instead, even went out of their way to throw the meat into garbage bins and douse it with Clorox.

Just so no animals would get sick, either.

A predictable result of the way Americans have chosen to “protect”* the food supply. As in so many other areas, it is always the poor (in this case, the homeless) who are hurt the most.

This is Common Sense. I’m Paul Jacob.

 

* The full story has yet to really come out. The beneficent hunters have met with a number of government attorneys and professional backpedallers, and have been promised to be informed of the exact laws/regulations that the venerable venison donors allegedly broke. And this loose-knit diet of dignitaries plans to cook up legislation to “make sure this never happens again.”

Categories
too much government

Creepy Louisiana Law

Sometimes, the proper response to legislation is just “Huh?”

Too often, though, our incredulity reaches the shivering heights of repulsion. In those cases, we should challenge the legislators who proposed, promoted, and voted for the law. The challenge might as well be in the form of a question: “Don’t you feel creepy for sponsoring that kind of thing?”

I would have felt creepy even contemplating a vote on Louisiana’s HB 125, which, in the cause of preventing transfer of stolen property, prohibits people from buying stuff at Goodwill and similar secondhand stores with cash.

Yes, you read that right: CASH. Greenbacks. Federal Reserve Notes. “Legal tender.”

I’ve always associated such kinds of prohibitions — not allowing cash to leave the country, for example — with poor and/or socialist countries. Real backwaters. The Second or Third World.

But here it is, in Louisiana. A fully recognized state of the union (at least by everyone but FEMA).

The law passed — indeed, in the words of one report, “flew . . . under the radar” — so quickly that “most businesses don’t even know about it.”

Besides non-profit resellers like Goodwill, and garage sales, the language of the bill encompasses stores like the Pioneer Trading Post and flea markets.

Lawyer Thad Ackel Jr. feels the passage of this bill begins a slippery slope for economic freedom in the state.

“The government is placing a significant restriction on individuals transacting in their own private property,” says Ackel.

Somewhat inexplicably, pawn shops are exempted from the prohibition.

What a sorry state.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall too much government

The People Speak

Mainstream media often become so fixed on the major players in Washington, DC, that journalists miss the most telling democratic action: At state and local levels, regarding initiatives.

Nicely, there are exceptions. An editorial, last week, in The Washington Times was subtitled “Ballot initiatives advance a limited government agenda in the heartland,” and explained how “voters showed their displeasure with the country’s direction with their votes” . . . on particular ballot measures.

The editorial lists numerous important initiatives around the country:

  • Oklahoma’s and Arizona’s nullification of Obamacare provisions (and Colorado’s failure to do so);
  • Nevada citizens killing “a sneaky amendment designed to undermine protections from eminent-domain seizures for private gain”;
  • Several states blocking our president’s union-vote rule revisions, known as card-check;
  • Louisiana “stopped public officials from voting themselves a salary boost until after they stand for re-election”;
  • Washington citizens overturned sales taxes on foodstuffs that left-leaning folk regard as sinful, such as soda pop and candy and the like.

Washington State sported an even weightier initiative, one famously sponsored by Bill Gates’s dad. TV ads featured Bill Sr. getting dunked. It wasn’t a baptism. He was pitching for a “soak the rich” income tax in the state. The ad didn’t make a great deal of sense, and Evergreen State voters nixed the income tax once again.

The Times editorial ends advising Democrats that they need “to listen to what the public has to say.” But, obviously, Republicans need to listen, too.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom

The Crime of Being Robbed

Here’s one way to reduce your crime statistics: jail victims who report crime.

That’s the latest method of crime-stopping in Shreveport, Louisiana. Starting October 15, gas station owners and even attendees will be culpable if a thief gases up and drives away without paying. Owners and employees will face fines and even jail time. The reasoning is that they are partly “responsible” for the crime by not requiring all customers to pre-pay.

I can’t say it’s the dumbest law out there because, well, there are so many dumb laws. It’s a very competitive field.

Councilman Monty Walford, who voted against the new ordinance, wonders whether the city will now require that grocery customers give a deposit before entering the store.

Police Chief Henry Whitehorn came up with the idea of penalizing Shreveport gas stations when drivers rob them. Whitehorn babbles that it’s a crime prevention measure. Station owners protest that it’s more customer-friendly to let customers pay after gassing up. In any case, how they conduct business is, obviously, their own business.

All kinds of mandatory restrictions on ways of doing business might “prevent crime.” How about forcing shop owners to force customers to crawl through a concrete maze before reaching the shelves . . . then submit to strip searches as they leave? Sure, such a law would be costly, but it would “prevent crime.”

Except for the crime of the law itself.

This is Common Sense. I’m Paul Jacob.