Silencing your opponents, east-coast style

If you want to see how a political regime limits speech to push through it’s own agenda, here’s a prime example from New York’s own Governor Andrew Cuomo. From his press release:

“I am directing the Department of Financial Services 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…”

In my opinion this is a thinly-veiled threat that doing business with the NRA could cause you grief in New York. Yes, I know, I know… he didn’t actually say that explicitly, but before you say that’s not his intent think about this: why did he have to make this statement at all? For what possible reason would such a statement by the state be made if not to intimidate someone with whom they disagree?

Using regulatory power to intimidate and silence your opposition is wrong, no matter who’s side you’re on. Also, remember this: they are not just silencing the NRA; they are silencing every individual member for whom the NRA speaks (5 million of them, including me). What if they used the same method in an attempt to silence a specific labor union? The union speaks for its members, just like the NRA speaks for theirs. How would you feel if it was your voice that was silenced?

(You can find more on this topic over at Overlawyered.com.)

 

Trump and Twitter

A federal judge in Manhattan has ruled that Donald Trump, via his account @realDonaldTrump, has no right to block critical users from his Twitter feed. The judge’s position is that Trump’s twitter feed constitutes a “public forum” for government communication, and so blocking specific users infringes in their constitutional right to free speech. I disagree (not that it matters…) for the following reasons:

1) It is Trump’s personal Twitter account. I find it hard to believe that you give up your own rights to free speech and free association just because you’ve been elected President of the United States. If that’s the case then I don’t think I want to be President anymore…

2) Free speech – including that critical of the President – does not require the President (or even the government) provide you with a platform from which to speak. It’s up to you to find such a platform on your own.

3) Anyone blocked from a Twitter account is not blocked from Twitter; they can express themselves any way they want on their own Twitter feed, including being critical of the President. Their ability to speak is not limited in any way except that they can’t speak on the presidents’ Twitter feed.

Does this ruling mean that every government web site must accept and post critical comments? Can Trump make his Twitter feed read-only, like a typical Web site, to prevent having to post the caustic and vitriolic comments supplied by his fervent critics?  I don’t know, but in any event I hope Trump appeals this decision. The thought of having to share a Twitter feed with your worst enemies just doesn’t seem right…

PS: The suggestion that the Twitter “mute” function be used instead does not solve the problem; while the muter will no longer see the mutee’s posts and replies, the world will (and on the muter’s own twitter feed!).

 

 

You know the end is near when…

Restaurateurs in New York City are up in arms over what seem like continuous  hikes in the minimum wage. They want to deal with these increases by applying a separate surcharge on each bill of ~ 5%, but they need city approval to do so which has not been forthcoming.

The obvious question is this: Why in the world should a retailer need government approval to set their own rates in any fashion they desire? Does anyone else understand the significance of government control on prices? I understand why the government might not want the surcharge (it would expose the cost of their wage meddling efforts), but why doesn’t such an action fall within the free-speech rights of the restaurateurs? I find it hard to believe that the inhabitants of NYC would be so gullible as to fall for this slow devolution into socialism.

A second obvious question also arises: Why haven’t people figured out that increasing the minimum wage really does nothing, and is just a false panacea – good only for vote pandering? Think of it: things like rent are expensive in NYC because apartments are a scarce resource. What do you think happens when the same people vying for the same apartments now have more money to compete in the marketplace? That’s right – the number of apartments remains unchanged, but the price of apartments increase to account for the additional money available for rent expenses. Only the politicians (through votes bought by pretending to help workers) and landlords (through greater competition for their apartments, and thus higher rents) make out in this scenario. Minimum wage earners are left exactly where they were before – broke and in an (even more) expensive apartment.

Anyway, back to the meaning of our title for this blog enty:

“…when you see that in order to produce, you need to obtain permission from men who produce nothing … you may know that your society is doomed.”

An excerpt from a speech by fictional character Francisco d’Anconia in Ayn Rand’s novel, “Atlas Shrugged”

Given that these restaurateurs (producers) need government approval (produce nothing) for their pricing structure, this quote seems appropriate. Do you think that the voters will ever catch on? After all, the politicians have…

Gun control via corporate pressure

Citigroup has decided that they will no longer do business with companies that do not follow Citigroup guidelines/restrictions regarding gun sales.

I don’t like the idea of a necessary business function – in this case banking – being used to pressure businesses to comply with one-sided political demands (perhaps even at the behest of a political party or group). However, it is within their rights. It is also within our rights to vote with our feet.

Citibank believes that these new rules will have little effect on their bottom line, since so few of their business customers are involved in firearms production, distribution or sales. They have miscalculated; they have forgotten those who use Citigroup personal banking products. I would encourage all who appreciate their second amendment rights to let Citibank/Citigroup know of their dissatisfaction with this new policy by finding another bank. If they want to take political sides, then maybe they should be left with their voter base as customers and no other.

“Controlled” democracy

How can we have a democracy when the significant political parties control who can run for office?

The truth is that many people are so ingrained in their political beliefs that – no matter who is running for office – they will vote for their chosen political party. Do you really think Nancy Pelosi wins elections because the voters want her? Or is it possibly because the majority of the people in her district will only vote for a Democrat, and the Democrats won’t let a viable Democratic challenger run against her? I would bet that if the Democrats ran a centrist against Pelosi in a primary she’d be out of her job rather quickly.

But this is the sad political truth of our day: the Democratic party presents you with a select choice of candidates – a line-up that essentially assures their desired candidate wins. The 2016 presidential election was in some ways an excellent example; the Democrats ran Bernie against Clinton because they wanted Clinton to win, and could not fathom the voters choosing Sanders (they almost missed the mark on that one).

Another example is from a more recent election, where progressive democrat Levi Tillemann is running for congress. Representative Steny Hoyer (D, MD) spoke with Tillemann, and in a recorded conversation allegedly suggested that he drop out of the race for the Democratic Congressional Campaign Committee’s (DCCC) preferred candidate, Jason Crow. How it this democracy, when the DCCC decides elections instead of the people?

It’s time that we stand up to our political parties and remind them that the power really resides with the people. Demand that political parties provide a representative selection of candidates in the primaries, and that the voters be allowed to select who will represent their party.

The rules don’t apply to me…

The hubris of politicians never seems to exceed our expectations. The latest example: Liuyba Shirley, who is running for Congress in the NY 2nd district, is using campaign money for childcare [Danielle Kurtzleben, NPR]. She has now asked the FEC (Federal Election Commission) to approve this use of funds.

Here’s the argument: Since she cared for her children herself prior to running, and has only begun to incur child care costs as a result of her campaign, she should be allowed to use campaign funds for childcare. In her interpretation of FEC rules (and, apparently, the interpretation of her attorney), any expense she did not have prior to her running for office is fair game for campaign fund use. Unfortunately, they are wrong.

The FEC rules are clear:

Commission regulations provide a test, called the “irrespective test,” to differentiate legitimate campaign and officeholder expenses from personal expenses. Under the “irrespective test,” personal use is any use of funds in a campaign account of a candidate (or former candidate) to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate’s campaign or responsibilities as a federal officeholder.

Ms. Shirley had children by her own volition, and has a legal and moral obligation to care for them – including the costs of child care – irrespective of her run for office. It does not matter that she chose to fulfill that obligation with her own time and labor prior to the campaign, or that she has only had to pay for child care since she began her campaign. All that matters is that the obligation exists independent of the campaign. As a result she should be barred from using campaign funds for child care.

This hasn’t stopped her from attempting to tug at the heartstrings and perceived (but real) bias felt by women. The NPR interview cited above points out that women generally do more child care and housework than men, even in dual income families, and this limits the availability of women to run for office. I get that – but the answer is not to use campaign funds for child care; the answer is to encourage men to accept their fair share of housework and child-rearing responsibilities.

I hope the FEC has the common sense to refuse her request, and that the voters see through her ploy and send her packing. We don’t need any more people in Congress who can’t read and interpret clearly-defined rules, attempt to bend the rules to benefit themselves, or pull at heartstrings like master puppeteers.

Cuomo just bought 35k votes

The Governor of New York, Andrew Cuomo, has decided via executive order to conditionally pardon some 35,000 parolees in New York so as to restore their voting rights before the end of their parole [Democrat and Chronicle] [Fox News]. He has done so after considering the substantial opposition he would have pushing a bill for this purpose through his own state assembly, effectively bypassing the will of the people as expressed by their duly elected representatives. In my opinion (and I imagine the opinion of others) it was a backhanded bit of electioneering meant to pander to potential New York voters, thereby improving the odds of defeating his democratic opponent in the next election.  It was pandering at its worst, and – sadly – it will probably work. But before you decide whether or not you agree with Gov. Cuomo, it would be wise to gain a basic understanding of the parole system.

People assigned to prison for a term can be released early on parole. Parolees are not truly free, however; the are technically still in the custody of the parole board [See Section 8003.1 General], but have been released into society under the supervision of a parole officer. Note that as a result they still have a significant loss of rights, as if they were still in prison. For instance, they can be held to or barred from specific activities, such as maintaining a job or avoiding the use of drugs or alcohol, and are subject to search at the whim of law enforcement to determine if all applicable parole conditions are being met. Once they have completed their full sentence, including parole, they are then freed from supervised release and are once again full members of society (subject to special provisions for specific crimes, such as sex offender registration). Only after they are released from parole have they completed their sentence as mandated by the court.

In this light, it seems appropriate to restore voting rights only once a sentence has been completed and the offender is released from parole. Prior to this they are still technically in custody, and allowing parolees to vote would be tantamount to allowing prisoners to vote. In the majority of states, and in most states where ex-felons retain the right to vote, felons must complete their sentence – including parole – before they re-acquire the right to vote.

I know that many of you will not be concerned that one party has likely picked up an additional 35,000 votes – no matter the source or methods – but I beg you to consider how such a blatant act of pandering can polarize our political system. It is actions like these that are fueling the current divisiveness permeating our political process. In addition, this action was not necessary because current New York law already restores the right to vote after felons complete their sentence (including parole). It simply has no purpose other than to pander to a specific voter.

Shame on you, Gov. Cuomo.

Government run amok

Having not learned their lessen from the ride-share fiasco a couple of years ago [Aman Betheja, Texas Tribune] [Alex Samuels, Texas Tribune], the Austin city council is at it again – this time to regulate dockless bike and scooter rentals [Ben Wear, Austin-American Statesman]. Why the city of Austin feels the need to regulate everything is beyond me. The consumers of Austin can decide the level of service they need all by themselves, and voting with their pocketbooks will be much faster and more effective than the slow-moving busy-body nature of the city council.

Still, it’s interesting to note that one of the city council’s first thoughts are on what fees to charge the companies for each bike/scooter. Unfortunately, companies don’t pay such fees – the consumer does. So all this fee will do is add more bureaucratic overhead and costs to doing business in Austin, with higher rental rates for the consumer. It’s also interesting to note that some of these incoming services will be competing against B-Cycle, a dock-based bike rental system that has been partially built with federal funds and already has the support of city officials. Can you say “favoritism”?

The city can address its concerns regarding how/where these rental bikes are left using existing laws. If they are left where they shouldn’t be, impound them; the renters and rental companies will understand the rules soon enough. However, adding another layer of bureaucracy in a city system already plagued by high costs and slow response due to over-regulation just isn’t the answer.

You’d think that the city government’s most important role would be to make it easier to do business in Austin… not harder!

Using pardons against immigration law

California governor Jerry Brown has made it a habit to pardon immigrants (illegal or otherwise) for criminal convictions that might otherwise result in their deportation. Now, he’s gone one further: he’s pardoned someone already deported so that their deportation can be reversed and they can become an American citizen:

Deported Army veteran, pardoned by Jerry Brown, will become US citizen

The deported individual had been at one point a member of the U.S. armed forces, for which I thank them for their service. However, the individual only held a green card when they committed the felony offense that resulted in their deportation. They were convicted (a no contest plea, which seems to suggest a plea bargain and possibly a reduced charge) to discharging a firearm into an occupied vehicle.

The fact that fervently anti-gun California would pardon someone convicted of discharging a firearm into an occupied vehicle goes to show just how crazy Californians have become in the Trump era: they’d rather forgive a convicted gunman than accept common sense immigration rules. Note that this is a very serious charge involving a firearm, particularly if the charge is the result of a plea bargain. I wonder how the people who were in the vehicle during the shooting would feel about Gov. Browns decision?

In addition, while Gov. Brown insists that this individual has led an “…honest and upright life since his release…”, this is not the case. This individual, after being deported, violated Federal law by re-entering the country in 2010. How is violating Federal law leading an “…honest and upright life…”? Remember, a pardon is not retroactive; it does not alter the fact that he had been legally deported when he illegally re-entered the country in 2010.

Finally, my biggest issue with this case: not only did Gov. Brown pardon someone convicted of a gun crime, not only does this pardon result in U.S. citizenship for the individual, but this pardon now allows the individual –  someone formerly convicted of a gun crime – to once again own a gun!

Do Californian’s really hate President Trump so much that they would rather arm former felons (and grant them citizenship) then accept common-sense immigration laws?

Wow. Only in California…