Category Archives: Law

Josh Hawley and the Book Publisher

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Josh Hawley

I, once again, get to discuss the implications of Freedom of Speech thanks to Senator Josh Hawley and his disagreement with Simon and Schuster. Apparently, Josh Hawley planned to release a book but after his involvement in the riots at Capital Hill the publisher decided to cancel the project. Hawley believes this is a Freedom of Speech, First Amendment issue and he’s right, sort of. Let me explain.

Josh Hawley argument goes as follows: This could not be more Orwellian. Simon and Schuster is canceling my contract because I was representing my constituents, leading a debate on the Senate floor on voter integrity, which they have now decided to redefine as sedition. Only approved speech can now be published. This is the Left looking to cancel everyone they don’t approve of. I will fight this cancel culture with everything I have. We’ll see you in court.

Simon and Schuster is a private company that publishes books. It is quite clear they can publish whatever books they want and they can choose not to publish other books, say twelve fantastic Sword and Sorcery fantasy novels written by a fellow I know. That’s their right and while I can certainly argue that said twelve novels are among the greatest in human literature, I can’t force them to publish any more than Josh Hawley can do so.

From a Freedom of Speech there is an important difference in me ranting about how unfair it is and Hawley trying using his position as a government official to force Simon and Schuster to publish his book. He is violating the Freedom of Speech clause of the First Amendment. It is quite unambiguous to interpret but that doesn’t stop Josh Hawley from getting it completely wrong, his understanding of the clause is actually the opposite of its real meaning.

Congress shall make no law … abridging the freedom of speech ….

That’s it. That’s the wording. Josh Hawley is a member of Congress. Simon and Schuster is not a member of Congress, it isn’t even a person. It’s a private company that gets to choose what they do and do not publish which is at the very center of our freedom from government interference.

When Josh Hawley claims Simon and Schuster must publish his book, he is in direct and obvious violation of the Freedom of Speech clause. His ignorance in regard to the meaning of the Constitution of the United States is disheartening although entirely expected.

Tom Liberman

Oh contraire Alan Dershowitz you can Count on the Courts

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Alan Dershowitz

Esteemed lawyer Alan Dershowitz seems to be of the opinion the Supreme Court sent a message to Donald Trump that he cannot count on the court. The full quote is: The three justices that President Trump appointed, his three justices, voted not to hear the case. I think it’s a message to him and his team that you can’t count on the judiciary, you can’t count on the courts.

I cannot begin to tell you how this quote by Alan Dershowitz displays his utter disregard for the law and for the courts, a sentiment he mouths in ever-growing examples. Sorry, Alan Dershowitz, President Trump can count on the courts. The courts uphold the law not your personal vendetta, that’s the entire point of the legal system. A fact that Alan Dershowitz seems to have either forgotten or completely abandoned in his towering arrogance.

The courts are not here to do favors for those who appoint judges and, sadly, the entire political spectrum of the United States seems to have forgotten that vitally important fact along with Alan Dershowitz. It is has led to what I consider a Supreme Court that is wholly invalid and without legal standing.

Now, I’ve had my troubles with decisions of the Supreme Court all the way down to defining a tomato as a vegetable but my understanding of the court differs wildly from that of Alan Dershowitz. In rejecting the case in question, they were not sending a message, they were upholding the law, their job.

I’m reminded of my novel, yes fair readers, self-promotion time, The Sword of Water. In it, Jon Gray is explaining the nature of trust to Tenebrous the Shade. Jon trusts Tenebrous to do what is in his self-interest even if that is not in Jon’s interest. That is the point of the courts. They are not there to do the bidding of one party, one president, one befuddled and aging jurist. The entire court system can be counted on to uphold the law. That’s what this entire episode proves.

Jon relies on knowing how Tenebrous will react to a situation, and this allows Jon to further his own goals, even if they are diametrically opposed to that of the shade. We must have that same opinion of the Supreme Court and the courts in general. That is trust, that is counting on something, that is reliability.

No, Alan Dershowitz, the Trump administration and lawmakers can count on the courts, that’s the lesson to be learned from this sorry episode of United States history.

Tom Liberman

Rodchenkov Anti-Doping Act Insanity

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Rodchenkov Anti-Doping Act Insanity

President Trump just signed into law something called the Rodchenkov Anti-Doping Act which passed through Congress without so much as a whimper of disapproval. The law allows our government to arrest any athlete, for up to ten years, who uses a prohibited substance or method in any competition in which a U.S. athlete takes part.

The bill passed the house by a voice vote and senate with unanimous consent. That means no one particularly objected to the idea of the United States government arresting and imprisoning athletes from other countries, participating in events in other countries, for such violations. To paraphrase the Sopranos; Where do we get the balls?

For those of you who think this is perfectly acceptable; would you agree to another country passing such a law and arresting U.S. athletes, imprisoning them for up to ten years, seizing their property and forfeiting it to that country? No? I thought not.

Any athletic organization can make any rule it wants as far as I’m concerned but why is the government of the United States getting involved? If some Somali runner tests positive for a steroid while running in a race in France, law enforcement from the United States can swoop in and arrest her or him? Imagine if the United States now had Femke Van den Driessche in prison for her actions in cycling.

The idea we can police the citizens of other countries in this manner is insane. When a U.S. citizen is murdered by a foreign national in a foreign country, it is up to that country to prosecute the criminal, not the United States. The Rodchenkov Anti-Doping Act overtly gives law-enforcement from foreign nations the right to operate in the United States.

In Afghanistan the limit for blood alcohol in a driving accident is a big 0.00%. Can law enforcement in that country come to the United States and arrest anyone who had an accident involving an Afghani? Would you support that? No! Obviously.

By passing the Rodchenkov Anti-Doping Act we give every law, in every foreign nation, the right to be enforced in the United States regarding the citizens of the original country. No one in Congress managed to think about this? None of our esteemed Representatives and Senators?

Where do we get the balls? Where?

Tom Liberman

General Salvador Cienfuegos Charges Dropped

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Cienfuegos

United States Attorney General William Barr dropped all charges against General Salvador Cienfuegos who, among other things, informed Mexican Drug Cartels who was an inside informant resulting in the murder of said person. Why did William Barr do this, well, he claims it’s because Mexico wants to charge Cienfuegos, but the real reason is to make sure that Mexican authorities continue to cooperate with the US in drug interdiction.

Let’s be clear, the United States has many, many Mexican nationals in our prisons related to drug crimes. What makes Cienfuegos special is that he has friends in high places and our completely corrupt government is happy to do them a favor.

In continuing to be clear, Cienfuegos is responsible for far more of the drug trafficking coming into the United States than a thousand low-level drug dealers. Our willingness to lock up a person selling drugs on the corner while ignoring the entire top of the supply chain is a damning indictment of those who bleat earnestly about the dangers of drugs in the United States.

I’m against the War on Drugs for any number of reasons. I don’t think we should be prosecuting this war and I think the interdiction effort has caused more harm to the citizens of the United States than any other policy of government in the history of the country.

However, if you are for the War on Drugs, if you believe this scourge must be stopped, then you should be calling for Barr to be hanged by his neck until dead, I won’t hold my breath. The reason you won’t is because you are not really invested in ending the War on Drugs. This war fills the pockets of not only Cienfuegos but law enforcement agencies throughout this country. We are completely corrupted by the money and Barr’s head is deeply in the trough.

The government takes your tax dollars by the billion and redistributes this wealth to law enforcement agencies across the country. This money is the primary way the Attorney General of the United States controls law enforcement. It is the way government bribes local officials into doing their bidding.

When Barr claims Cienfuegos will be tried and imprisoned in his own country, he is taking part in the grand deception. When Barr funnels money to law enforcement to war on drugs, they purchase equipment that allows them to crush freedom across the country, from Lafayette Square to Malheur National Wildlife Refuge.

Drugs have won, not because they are legal, but because they are illegal. We the People are losing.

Tom Liberman

Conservatorship of Britney Spears

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Conservatorship of Britney Spears

The Conservatorship of Britney Spears is in the news these days because the entertainer was suing to regain control of her finances which her father has controlled for the last twelve years. The issue in regards to whether or not to revoke the conservatorship of Britney Spears is an interesting question from a Libertarian perspective.

First a little background, twelve years ago Spears went through a difficult period in her life that led to losing custody of her two children, serious financial setbacks, and out-of-control behavior fueled by various intoxicants. In order to prevent further damage, Jamie Spears, her father, petitioned the state of California for Conservatorship and was awarded such. It is now 2020 and, according to Britney Spears, times have changed. She thinks she is now capable of handling her own finances and is concerned her father is not managing the money appropriately.

The question about the conservatorship of Britney Spears is a difficult one because it seems quite clear that she was, twelve years ago, incapable of properly managing her life. The state allowed her father to step in and manage her money and life and, judging by events over those twelve years, he has done at least an adequate, if not exceptional, job.

That being said, who is Jamie Spears or the court system to say that Britney Spears is still incapable of managing her life and finances after twelve years of personal growth? The general Libertarian mantra suggests if a person wants to ruin their own life, it is their right to do so. However, if the person is not mentally or physically capable of doing so, the question is much more nuanced.

I have a mentally disabled family member and there is no question she should never be in charge of her own finances. The money would be stolen by dishonest entities and she would almost certainly be left destitute and in horrific conditions without protection.

Britney Spears is not so impaired, physically or mentally. She might well have a substance abuse predilection but we just don’t know one way or the other if she is capable of handling her own finances. It’s possible some con-artist is pulling the strings in an attempt to end the conservatorship of Britney Spears. I strongly suspect Jamie Spears is better capable of handling the finances than his daughter. That suspicion is not enough, in my opinion at least, to keep the conservatorship of Britney Spears fully in place.

In this particular case it is a father attempting to look out for the welfare of his daughter but there are parallels to government trying to look out for me and you. In some cases, the father does know best and, in some cases, so does the government. That does not mean we should allow them to take control of our lives without strong reasons.

Britney Spears has spent twelve years without control of her own money and I think that’s long enough, barring any evidence to the contrary. She should be allowed to manage her own finances. When it comes to controlling another person’s finances or life, we must err on the side of freedom or we risk tyranny.

Tom Liberman

Oregon Leads the Way on Drug Legalization

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Drug Legalization

All praise Oregonians and their enlightened stance on drug legalization. Hail magnificent, glorious Oregon for defying an out of control federal government led by decree wielding autocrats issuing executive orders as a way to wage war on the citizens they perceive as the enemy.

Oregon just decriminalized small amounts of cocaine, heroin, and LSD, among others so-called hard drugs. This action, this glorious defiance of an overreaching federal and state governments warms the cockles of my heart, wherever they might be found.

The War on Drugs is a war on the citizens of the United States, there is no question this war has caused more misery than any other federal program in the history of the country. I’ve written numerous times on why this war destroys families, communities, law enforcement, the legal profession, and everything it touches so I will not wax poetic today. Today I shower praise on Oregon for charging forward.

The entirety of whether or not marijuana, or any other drug, is something federal or state governments can regulate is wrapped up in a cased called Gonzales v. Raich and it is interesting reading. Drug legalization is freedom for people.

The point here is fairly straight-forward from my perspective. Those in power like telling you what to do and drug legalization is something they don’t want. The pecking order is Federal, State, Local. The party in power at each level enjoys forcing their view of right and wrong on everyone they control. It is my opinion the Constitution of the United States was written with a full understanding of the nature of humans to want to force others. The powers of the Federal Branch are barely limited anymore, what the Federal Government wants, it gets. What the State wants, it gets.

There are few solutions left to freedom lovers who have no desire to dictate to anyone else how she or he leads life. We are overwhelmed by do-gooders who know what gun I should own, what weed I should smoke, what medical procedure I should have, what religion I should pursue. We the People must pass laws, in our municipalities and states, contrary to the authoritarian decrees of out of control federal and state governments.

This is the power of the people. Well done, Oregon.

Tom Liberman

Irish Court rules Subway Sandwiches not made with Bread

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Subway Sandwiches

The Supreme Court of Ireland just ruled Subway Sandwiches are not made with bread. You read correctly. What’s important to understand is not the ruling itself but the reason behind the ruling, why is it judges must spend time determining the composition of Subway sandwiches.

The reason the justices were examining the situation is because Ireland has a tax exemption for staple foods like bread but differentiates bread from cake by how much sugar is used in the baking process. A case was brought by Subway wanting a refund for the ingredients they use to make bread. The court ruled the amount of sugar used in making bread for Subway sandwiches is greater than the limit allowed. I’m going to stop examining the actual case here and get to my main point, which has nothing to do with how the bread on Subway sandwiches is prepared.

The problem here is that the courts are looking at the baking process of bread, not what that procedure might or might not be. It’s basically the same reason the United States Supreme Court ruled a tomato is a vegetable. It all has to do with taxes, tariffs, and government intervention.

Now, you are probably thinking, hey, it’s a good thing the government gives tax exempt status to staple foods so that people don’t have to pay extra for a simple meal. I agree. The problem isn’t giving tax exempt status to bread, the problem is taxing food at all. What is the justification for taxes on food?

I’ve written before I’m not completely against taxes. We pay taxes for transport infrastructure because the government uses tax money to build and maintain roads. We find those roads particularly useful and so, rather than have each neighborhood build and maintain their own section of road, we allow the government to tax us for a unified system.

The justification for taxing food is the same as the justification for any product. People need to drive to the store to purchase things. However, the drive to the store to purchase bread is exactly the same as the drive to purchase a chocolate cake. Taxing cake but not bread is an attempt to make people eat in a healthier manner and forces the courts to look into the baking process at Subway, which is time not well spent.

If we decide it is important for people to purchase food and give tax exempt status to those doing so, we should do it across the board. The best solution is to simply stop taxing all food items rather than force the courts to decide what constitutes bread. Simple and efficient, the way government should operate but seldom does.

Tom Liberman

A Failure of Constitutional Obligation

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Constitutional Obligation

There is much in the news today about the Constitutional Obligation of the Senate to consider a Supreme Court nomination from the President of the United States. It is important to understand this is a Constitutional Obligation and when Senator Mitch McConnell failed to fulfill that duty upon the death of Justice Scalia in 2016 the entire Supreme Court became unconstitutional. Every decision made by the court from that point forward has no legal standing.

When McConnell made the decision to ignore his constitutional obligation, he willingly poisoned the entire judicial branch of the United States. I interpret this as an attempt to destroy the United States as a whole and such falls clearly under Section 3 of Article Three of the Constitution of the United States. Every time McConnell states he has a constitutional obligation to appoint a Supreme Court Justice to the fill the vacancy of Justice Ginsburg he admits his guilt in the previous appointment. He is, without question, guilty and should face punishment as described in that section.

Every decision made by the court since that failure of constitutional obligation is tainted. The entire court is invalidated by the decision McConnell made. For a while I posited if Justice Gorsuch were to resign and another judge appointed in his place, it would rectify the problem. With the current nomination process ongoing, I see this was a false hope. This version of the Supreme Court, in place and serving ably since 1790, is forever invalid. The situation is far worse than that, the entire judicial branch is poisoned by the fruit from that tree.

Every ruling of the Supreme Court since 2016 is invalid and every precedent used from those decision is likewise meaningless. We cannot fix the situation by appointing another justice. If an umpire makes a bad call on the first pitch of an at bat, it cannot be resolved by making a reverse call on the fourth pitch. What is done, is done. The Supreme Court as we know it cannot be fixed through normal processes.

I’m quite aware my point here is radical to the extreme. There is no Rule of Law and we might as well accept such. The United States is currently a lawless country and until a new Supreme Court is installed, it will remain that way.

We must look to the Judiciary Act of 1789 to proceed. Every Supreme Court justice must step down and be replaced, immediately. President Washington acted in the interest of the country by appointing six justices from different regions of the nation with differing views, I suspect President Trump is incapable of such but I offer him, or his successor, and the United States Senate the opportunity to fulfill their constitutional obligation.

It is also important to understand the current situation is the outcome of the politicization of the Supreme Court for which both Democrats and Republicans are to be blamed. The Founding Fathers established separate but equal branches for a reason and this is an example of why they did so.

Can we appoint new Justices in an apolitical way? I doubt it, but it is the only way forward. Everything else points to the end of the Republic. If the Supreme Court becomes an extension of the Legislative Branch which has become an extension of the Executive Branch, there is no separation of powers, and there is no Republic. That is where we currently stand.

Tom Liberman

The Problem is there was no Crime in the Breonna Taylor Case

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Breonna Taylor

The Breonna Taylor case is making a lot of headlines and people are upset only one criminal charge, reckless endangerment, was filed against the officers. The problem isn’t that a single charge was filed, the problem is that everything the officers did, except shooting blindly into a room, was perfectly legal. The problem is that none of them can be charged with a crime.

The problem is that police can, and all to frequently do, murder people legally. It’s vitally important to understand this is a problem for the people and for the police, both are the victims here.

This is the state of our legal system as a result of the failed War on Drugs that allows police to kill with legal impunity, to steal your money with legal impunity, to throw flashbang grenades into baby cribs with impunity, to intimidate, harass, abuse, imprison, torture, absolutely legally. That’s the problem and if you don’t see it, you’ll be a victim soon enough under the unlikely circumstances that you have not been already.

The problem isn’t the police, the problem is our society, our laws, our willingness to give up freedom and reduce safety at the same time.

Many right-wing Trump supporters out there are angry about what is going on to poor people in this nation. What’s happening to poor black people is exactly why you voted for Trump, except it was being done to you. You in West Virginia, Alabama, Mississippi, and lots of other places were left out when the rich got richer, laws designed to protect wealthy people left you out in the cold in a crap job without enough money to feed your kids and no hope for advancement.

Farmers see their land taken by corporate bankers. Energy workers see their livelihood being taken from them. President Trump promised you he’d stop it all but instead he’s redirected your anger to poor, largely minority people, who are being trampled upon in exactly the same way. These people are your allies in this fight. Antifa, Alt-Right, Libertarian, BLM, the police themselves; the Trumps and Pelosis of the world want you to fight each other so you don’t line them up against a wall and put a clip into their center mass.

Breonna Taylor is dead because you gave away your freedom. You stood by and watched as politicians passed laws for the War on Drug, the War Powers Act, The National Emergency Act. You stood by while local officials made it impossible for you to drive to work without violating the law and if you get on the wrong side of the police department, they will figure out a way to fine you to within an inch of your life to finance their bloated government.

Breonna Taylor was absolutely murdered by police who got a stupid no-knock warrant to kick in her door with guns drawn because she was dating a guy who sold drugs. She was murdered and it’s not against the law. That’s the problem. Police officers, everyone wants to kill you because politicians have set you up to take the fall, no matter how much they pretend to be on your side, they are murdering you. They are sending you out to take bullets for them.

You all need to figure this out. All those organizations fighting each other in the streets of Louisville need to get together, then we will actually see change.

Tom Liberman

Jacksonville Strippers and the Case Justice Ginsburg will Never Hear

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Jacksonville Strippers

There’s an interesting legal case involving Jacksonville Strippers and I thought with the news of Justice Ginsburg’s passing it would be something that might interest her and certainly does me. In Florida a new law prevents Jacksonville strippers from being under the age of 21 in clubs that do not serve alcohol. This city ordinance is being challenged as unconstitutional and might, if pursued diligently, end up in the Supreme Court.

Justice Ginsburg spent her life championing the cause of women and Jacksonville strippers are in that category. The justification for the law is that women under twenty-one are closer in age to the current limit of eighteen, that the closer a woman is to eighteen, the more likely she is to be unduly influenced into a career she does not want.

In Jacksonville the city representatives decided all strippers must be fingerprinted and licensed before they can pursue their profession. They also came to the conclusion they would not issue such licenses to anyone under twenty-one. They do this in the name of stopping “sex trafficking”.

The reality is relatively simple, for whatever reason we’ve established eighteen is the age when citizens are legally adults and can largely make their own decisions. If someone is eighteen, they can have sex with whomever they want, they can take their clothes off for money, they can model in a skimpy swimsuit, they can do anything any other adult can do and the government should not get involved, no matter how repugnant we, personally, might find the situation.

You’ll notice the do-gooder city hall members in Jacksonville have not asked to fingerprint and license members of the University of North Florida Osprey Division I football team. These young men are playing a violent game and run an enormous risk of personal injury but no one seems all that concerned about their welfare, despite them being under twenty-one. I’m sure you find that as surprising as me, as in not at all.

Today’s question is What Would Ruth Do? Justice Ginsburg lived a life actively and vigorously fighting for women to have the same rights as men in this world of ours, that includes Jacksonville Strippers. Once we’ve decided the legal age of adulthood is eighteen, we must not start picking and choosing particular professions and genders to protect from their own decisions. This is Big Brother at his worst, picking on adult women because Big Brother knows better how to lead their life than they do themselves.

Big Brother says young women are too weak of mind, too easily preyed upon, and we must protect them. Big Brother is, as usual, wrong.

The question is easily answered for me. What about you?

What would Justice Ginsburg Decide in this case?

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Tom Liberman

Yale University Admissions show the Difficulty of Proving Discrimination

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Yale University

The Department of Justice recently filed suit against Yale University for discriminating against Caucasian and Asian students. It’s going to be just as difficult to prove this discrimination as it is to prove against companies that refuse to hire black or homosexual candidates. This is where government intervention often appears to be a force of good but it really is not. Let me explain.

In a nutshell, the discriminating agency can deny the choice was made because of color of skin, sexual orientation, or any external factor. My father argued a Supreme Court case in the 1960s involving discrimination in housing. He won that case but, and this is important, doing so did not stop white people from preventing blacks moving into their neighborhoods. There are plenty of black people in St. Louis who can affirm the practice is still thriving.

In this case the shoe is on the other foot. Basically, kids from impoverished regions of the country who attend schools without the many academic advantages have no little or no chance to score as well on tests as kids from wealthy school districts, or beat them on the football field. The kids with a huge wealth gap advantage in tutors, trainers, equipment, study material, study time, and other things almost always do better on standardized tests.

Let me make this a little more personal so you can see the point of view of the school. Let’s imagine you are hiring for a position. You have two candidates. One candidate comes from an elite educational environment with all the advantages. The other comes from a poor district with no advantages. Now, you give them both a business-oriented test for which the average score is 50. The elite candidate scores 55 and the poor candidate scores 51. But you look in your database and candidates coming from the elite environment average 64 on the test while those from the poor section average 35. So, you’ve got a candidate who scored 16 points above average for their background and one that scored 9 below from their own. One is clearly an overachiever while the other is an underachiever. Who do you hire?

This is what Yale University and other elite educational schools face everyday when they must choose who to admit. Yale University often chooses the minority student despite having what appears to be a worse academic record. Now, it’s also entirely possible Yale University picks the minority student because the admission counselor hates Asians, but this is difficult to prove. People will always be able to come up with some rational as to why the black family can’t move into the neighborhood besides blatant discrimination. We see it all the time here in St. Louis and I’m sure in your part of the world also.

Now that I’ve explained the problem I’m finally getting to the point of this article. The government cannot fix this problem and often does more harm than good when they try. Let’s imagine the Justice Department is successful in forcing Yale University to admit students based solely on their test scores. Are we not removing the freedom of the school to pick who they want to be members? Is it not their school?

It’s also important to understand it was earlier rulings making discrimination illegal that allow the Justice Department to file this lawsuit against Yale University in the first place. If discrimination was not outlawed by the government, Yale is free to do as it will.

To me that’s the important point. Discrimination didn’t stop because government passed a law. People still speed, people still take drugs, people still discriminate, they just hide it better.

Yale University should be allowed to admit whomever it wants, if they refuse overachieving minority students who will undoubtedly succeed, that’s their loss.

Tom Liberman

Liability Immunity is Wrong in so Many Ways

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Liability Immunity

Federal and State governments provide liability immunity for a number of people and businesses and every single bit of it is wrong. Wrong! The topic of liability immunity is being discussed a great deal lately because of Covid-19 and President Trump’s social media spats but the problem is far deeper and more insidious than that.

State governments have largely made individual law enforcement officers immune from lawsuits in regards to actions taken while performing their duties. Thus, the officer who threw a flash-bang grenade into a crib during a no-knock search warrant couldn’t be sued by the parents whose baby had half its face burned off.

Gun manufacturers are immune to liability. Volunteers working for the government are immune to liability. The government has protected all sorts of people and businesses from liability over the years including social media outlets. If someone harms another person through negligent actions, the place to determine liability is in the courts, not in the legislatures. This seems self-evident to me.

Why should anyone get blanket liability immunity? It makes no sense to me; we have a judicial system to sort out these problems. Certainly, individual cases might be decided in a fashion I think is unfair but the old expression we shouldn’t throw the baby out with the bath water seems perfectly relevant to me.

It’s important to note the liability immunity extended to social media by Congress means, by default, that such liability immunity can be removed, or a threat to remove it can be made. This gives government power they should not have; it gives government the ability to influence what content we see or don’t see. When we give government the ability to extend liability immunity, we explicitly give government officials the right to selectively remove it. They should have no such ability whatsoever.

When the government offers to give businesses liability immunity in regards to Covid-19 they are essentially engaging in force against We the People. If you don’t go back to work in a dangerous environment, we will punish you. We are taking away your right to get redress for crimes committed against you.

I’m horrified by all this liability immunity. If you harm through negligence, or other means, you must face your day in court. Anything else is tyranny.

Tom Liberman

Should Lynching be a Federal Crime

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Lynching

Lynching will soon be a federal crime if President Trump signs a bill to that effect. The bill passed the House of Representatives by an overwhelming 410-4 vote and passed through the Senate without opposition so it seems unlikely to be vetoed.

To understand my objection to this law I must explain that I think any law must have a well-defined, non-paternalistic, and useful purpose. If a law doesn’t have all these things, it is a danger to freedom.

A law that is not well-defined is, by its very nature, open to abuse. Law enforcement officials are put in the position of enforcing a law based on their judgment. This means that groups of people who are, for whatever reason, perceived as less important will suffer the brunt of enforcement. We need not look any further than poorly written traffic laws which result in a hugely disproportionate number of citations against minorities and poor people.

A paternalistic law is essentially the government telling an individual how to lead their own life because the majority thinks they know better. The War on Drugs is an example of this kind of law. This war has caused far more harm than it has prevented.

In this case the law is useless from a legal perspective. No one has been lynched in the United States since 1955 when Emmett Till was brutally killed. He is the last of the estimated 4,733 people so murdered. If no one has committed this crime in sixty years then what is the point of having a law against it? No lives will be saved and no criminals brought to justice who would have otherwise escaped penalty.

That is not to say the law is without purpose, it is just without useful purpose. The law has political purpose. It gives legislators a way to tell voters they are doing something, they care. It is a backward way of apologizing for allowing all of those lynching to take place at all.

If you want to apologize, and believe me, an apology is owed, then do so. I’m sorry that I am part of a government that allowed nearly five thousand people to be brutally murdered without any attempt to bring the criminals that did so to justice. It is a stain on the honor of my country, my state, and my municipality. It is a sickening example of the irrational hate and to the horror such hate allows people to engage in. The fact it was tolerated is vile and I am ashamed that it happened. This law does not make such an apology. It is almost an affront to a real apology. It is a fake apology designed purely for political gain.

What good will this law do? What criminal will it bring to justice? It is even possible it might be manipulated in the future to further penalize someone the government doesn’t like. Let us not pretend such things do not happen.

If a law does not have a well-defined, non-paternalistic purpose, let us not make the law. Even if the law is against an activity that should clearly never be tolerated, as is the case here. Lynching was and remains disgusting. This law doesn’t do anything to prevent it, it does nothing to bring criminals to justice and that must be the explicit purpose of any law.

If you are looking for a way to improve the plight of minorities in this country I’d suggest a look at traffic violations and the War on Drugs.

Tom Liberman

Utah to Make Polygamy a Misdemeanor

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polygamy a misdemeanor

Mormon hotbed Utah is poised to make polygamy a misdemeanor crime instead of a felony and this Libertarian applauds them. I’ve written several posts about why the government should not be involved in the marriage game; either to promote it or make certain types illegal. This new legislation is particularly interesting from a historical perspective because Utah was allowed to become a state only if a ban on polygamy was written into their constitution.

This law is being promoted as a good thing because women and girls, primarily, are being victimized in a variety of ways but are afraid to come forward because the polygamy laws could potential put them in jail. The argument being that making polygamy a misdemeanor will encourage women who are raped, kidnapped, and otherwise victimized more willing to come forward.

It’s important to understand this argument is completely true but not only for making polygamy a misdemeanor. Laws against prostitution and the war on drugs have little effect to stop either but anyone who engages in these trades can more easily be victimized because they cannot come forward to report such a crime. Remember when Omar robbed the Co-op? What were they going to do, call the police?

I just read a story about how the Coast Guard is proudly offloading twenty tons of seized cocaine in San Diego. I feel the vomit rising in my throat when I read how this evil drug will never make it into the schools and communities. Meanwhile, far more of the stuff under a pharmaceutical brand name is prescribed and sold legally throughout the United States. But, the War on Drugs, one of my favorite topics is not the subject of today’s conversation.

This is the reality we must confront when creating laws that ban a practice or product from willing consumers. We essentially create an entire criminal enterprise where there might be a simple capitalistic market. This inhibits those who engage in the activity from seeking the protection of law enforcement and makes it more likely they will be victim to horrific crimes.

Young girls are forced into polygamous marriage and subject to serial rape. They don’t come forward readily because they are criminals also, in the eyes of the law, and fear being imprisoned. If that doesn’t resonate with you, it’s hard for me to imagine anything will.

Making polygamy a misdemeanor is a step in the right direction but the reality is clear to me. Consenting, legally capable adults should be able to marry anyone, of any gender or number, they desire. The government should have no role in the enterprise.

Tom Liberman

Nicole Franklin Running Over a Mexican Girl

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Running over a Mexican girl

Nicole Franklin is accused of running over a Mexican girl who was walking on the sidewalk. Franklin is now being charged with attempted murder. Franklin admitted to doing so because she thought the victim was of Mexican nationality. A number of groups want to charge Franklin with a Hate Crime in addition to attempted murder but Polk County Attorney John Sarcone is resisting such efforts. Good for him I say.

I wrote about my objection to hate crimes not long ago but this gives me an opportunity to reexamine the situation. What Sarcone says is very instructive in this regard. A hate crime charge enhances other charges, such as arson and assault, but doesn’t apply to attempted murder. The gist is the idea we should punish people extra for crimes based on the criminal’s motivation.

Sarcone argues that attempted murder is a heinous crime and the charge stands alone. That enhancing that charge is useless. I agree with Sarcone in regards to attempted murder but I disagree in regards to arson or assault. Both of those crimes also should stand alone. Running over a Mexican girl is plenty of reason to put someone in jail. We don’t need to know what was Franklin’s motivation in order to charge her appropriately. Is running over a Mexican girl more of a crime because Franklin hated Mexicans? I hardly think so. What if Franklin ran her over because she was wearing a dress purchased at Walmart and Franklin was once fired from a Walmart?

This illustrates the problem with the very idea of a hate crime. It gives our government, and their law enforcement arm, a way to punish particular members of our society differently depending on their mindset. Everyone who intentionally drives their vehicle onto a sidewalk and attempts to run over a Mexican girl, or anyone else for that matter, is equally guilty. The police must not be allowed to take our thoughts into account, even if we admit to them.

Is Franklin a vile human being? Certainly. Did she allow political rhetoric to destroy her own life and almost murder an innocent? Yes, and yes again. Are there others out there like Franklin? Absolutely. The question is if we serve society by giving Franklin a bigger penalty because of her hatred of Mexicans. There I must answer a resounding no. We actually harm society.

If authorities can charge Franklin with a more serious crime because she hates a group of people, we are giving the government a power they should not, must not have.

Let’s imagine the government decides it has a vested interest in putting Anarchists in jail. They can now charge someone with a more serious crime, say jaywalking while an Anarchist, than they can any other jaywalker. Anarchist hate laws, Anarchist commit crimes more heinously than others. This allows the government to favor one group over another simply because of their mindset or the organization to which they belong.

This is a road, pardon the pun, that leads to very bad places and I understand such, I hope you do as well. Charge Franklin with attempted murder for running over a Mexican girl, that is what she did, and that is what she should be charged with doing. Nothing more or less.

Tom Liberman

Too Old to Trick or Treat Laws

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Trick or Treat

There’s a viral story making the rounds about Chesapeake, Virginia and their ordinance against anyone over the age of 14 going out to Trick or Treat over Halloween. The city council passed the law which carries with it a fine of $250. People are outraged. I’ve written before how it’s within the purview of any local government to pass any law it wants. My problem with this law is that it creates criminals where there are none.

Most people think the government shouldn’t be out there checking on the age of children who are out on a Trick or Treat mission. I agree although, as I’ve written, it is certainly not a right granted by the Constitution of the United States and thus local municipalities can write laws banning the practice to people over a certain age.

The problem comes from why the law was written in the first place. In reading the article you find that way back in 1968 there were several Halloween pranks that went too far, including older children throwing firecrackers into the candy sacks of little Trick or Treaters. The ordinance was passed so that police could arrest those engaging in destructive behavior on Halloween.

The problem, for this Libertarian, is that engaging in mayhem is already against the law. Most municipalities have extensive rules and regulation on such things. If the law enforcement agents witnessed something like that happening, they already had plenty of legal backing for an arrest.

The good news is that the police in Chesapeake have engaged in incredible restraint in regards to this law. They have cited no one since it came into existence way back in 1970. I’m often critical of law enforcement officers here on this blog and I want to take time out to salute the fine women and men of Chesapeake who have shown wonderful judgement in refusing to enforce this stupid law. If only all police officers had such good sense.

The problem is the officers are allowing people to break the law every Halloween. I guarantee there are plenty of children over the legal age out there engaging in Trick or Treat candy collecting. This is where we get selective enforcement of the law and where police officers often run into charges of racism and other misbehavior.

The point is the law itself is stupid. It makes criminals of anyone over the age of 14 who wants to Trick or Treat. There are plenty of incredibly stupid laws on the books but, sadly, police don’t always ignore such ordinances.

If the city council of Chesapeake wants to prevent mayhem on Halloween, they need merely enforce existing laws preventing such. They do not need to create new laws and new criminals. This leads to far more trouble than the law was intended to stop.

Tom Liberman

Hidden Immorality of Medical Costs

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Hidden Immorality

I just read an interesting article that illustrates the hidden immorality associated with medical costs in this country. In Alabama primarily but other states as well, the sheriff’s office is required to pay for medical expenses of inmates. The cost is so prohibitive the sheriffs simply release the inmates, often dragging the hand of an incoherent prisoner over a release form, before sending her or him off to the hospital.

Do the sheriffs in question know this is an immoral action? Of course they do, but what other choice is there? If an inmate suffers from a serious illness the cost of care could be more than the entire department’s yearly budget. That’s the reality of high medical costs in this country. The problem spreads its vile tentacles into so many aspects of our lives it’s difficult to truly comprehend the horror it creates, not only for patients, for their families, but also for the people who are trying to care for them, including the sheriffs.

I absolutely guarantee you sheriffs don’t want take prisoners who look like they are getting ill, drive them to the edge of town, and dump them on the street. The reality is painful but true. Why is this happening? Because so many poor people don’t have insurance. Why don’t people have insurance? Because medical care can be an enormous expense and insurance companies don’t want people who have illnesses on their plans.

The trickle up effect is that sheriffs, counties, states, and the federal government are stuck with enormous bills they cannot easily pay, just as are patients. The result is that people are not getting treatment because it costs too much and that creates vast suffering, a hidden immorality of high medical expenses.

Do you think a law enforcement officer goes home and tells her or his friends and family about how wonderful it was to help a nearly unconscious inmate scrawl their signature on a release form so the county could save money? I don’t. I think the officers hate themselves for having to do it because the act is unethical on its face. Yet it is happening over and over again. That’s the hidden immorality that our nation is facing.

I’ve written about the underlying problem, an aging and unhealthy population, before so I won’t go into details here. There are certainly no easy solutions but I think it’s important to understand how medical costs create a hidden immorality far beyond the people who get sick.

Tom Liberman

Fair Pay to Play Exposes NCAA Hypocrisy

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Fair Pay to Play

There is a fairly big news story involving the Fair Pay to Play bill just passed by the California Legislature. I think there’s a great deal of confusion about the bill which the NCAA and Tim Tebow so virulently oppose. Let me explain it in simple terms. The Fair Pay to Play bill does not force colleges to pay athletes, it simply allows said athletes to sell their autographs, images, and likenesses. That’s it. All the hubbub Tebow and the NCAA are wailing about is simply athletes being allowed to sell their autographs and images.

Let me be even more clear. Right now, those athletes are forbidden from selling their own autograph! They cannot sell a picture of themselves but the NCAA does it all the time. Autographed memorabilia are auctioned off by the schools and the NCAA all the time. The school administrators, coaches, assistant coaches, trainers, and everyone else associated with the games profit off the name, images, and likeness of the players. Everyone except the players themselves.

The NCAA disgusts me and long has done so. I’ve written about this before. Now I’ll add Tebow to the list of people who profit off college football while insisting the players get nothing. I’m not sure how much more hypocritical it can get. How people can justify not allowing anyone to sell their autograph and image is beyond my comprehension. Nothing is more personal. Nothing is a greater natural right. My image is mine to do with as I wish as is yours.

You don’t have to be a die-hard Libertarian like myself to respect the individual’s right to sell her or his own autograph. No one else is prohibited from doing so except so-called amateur athletes. Not only is the bill not unconstitutional, as the NCAA and Tebow claim, it is the rules that prohibit it that are unconstitutional. How the NCAA has gotten away with this for so long is an indictment of our judicial branch and an assault on freedom. How is it that a law needs to be passed to allow people to sell their own autograph? That’s the real question.

Unconstitutional? Unconstitutional? You’re unconstitutional! You’re unconstitutional. The whole trial is unconstitutional. That sick, crazy, and depraved NCAA is stealing from those athletes and they’d like to keep doing it!

Tom Liberman

Government Plans to Ban Vaping Flavors and People are Overjoyed

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Vaping Flavors

The latest assault on freedom is the Food and Drug Administration’s plan to ban Vaping Flavors. That’s right, the government wants to tell adults they are not allowed to use flavored tobacco products. Everyone is overjoyed because it will save the children. Sigh, it’s hard to be a small government Libertarian in this day and age.

I mean, seriously. The federal government of the United States has grown so bloated, so enamored of its own vile power that officials think it’s perfectly acceptable to ban Vaping Flavors. Flavors! The people of this nation have become completely complicit in our own enslavement. We are so frightened, so unwilling to stand up for our rights that we willingly vote in totalitarian fascists who won’t let us smoke mint flavored tobacco, and pat themselves on the back for the wonderful good they are doing in saving us from ourselves.

The First Lady is horrified by teenage vaping and the administration wants to put an end to it. Let me quote President Trump: People are going to watch what we’re saying and parents are going to be a lot tougher with respect to their children. Parse that, if you dare. It’s important to understand that by teenage vaping they are talking about people eighteen and nineteen. They’ve already outlawed most tobacco products for people under eighteen.

What Trump is saying is that the Federal Government knows better what is right for your children, and for you, than you do yourself. That once the Federal Government leads the way in banning Vaping Flavors the people will immediately see the error of their ways and stop allowing their children to do it. This doesn’t even take into account that every adult who enjoys vaping mint flavored tobacco will instantly become a criminal.

If you want to vape a tasty flavor you will be a criminal. You will have to go to some black-market purveyor of Bubble Gum Flavored Tobacco Vape and, in a dark alley watching out for gun toting law enforcement officers, slip money to a shady operator who shipped in the dangerous product from the mint producing nations of the world where there is still some freedom.

I’m flat out disgusted by our politicians and by the voters who put them into office. I’m baffled as to how this is happening. We will soon no longer be free to enjoy flavored tobacco. How can the people of this country look themselves in the mirror? Have we no understanding of freedom left?

Tom Liberman

Sherry Tina Uwanawich and the Million Dollar Curse

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Sherry Tina Uwanawich Curse

There’s an interesting story in the news about a woman named Sherry Tina Uwanawich because the courts ruled she defrauded a family of $1.6 million by claiming they were under a curse. Uwanawich was ordered by the court to repay the money and sentenced to more than three years in prison. The argument of the government is that there was no curse and the money was fraudulently obtained.

So, why am I writing about this incident? Uwanawich took advantage of a gullible family and stole their money, she deserves what she gets, right? Well, in the same way you think curses aren’t real, I think religious salvation isn’t real. How much money is given to churches for fake salvation? I’m sure many of my friends and readers are certain that religious salvation is real but so too the family Uwanawich exploited was certain curses were real.

There are many people across the globe who believe in curses. There are many people across the globe who think it’s not a globe at all and give money to Flat Earth organizations. There are many people across the globe who believe all sorts of nonsensical things. The point here is that if Uwanawich is guilty of fraud, so too are many other organizations.

Can we prove curses aren’t real? Can we prove god isn’t real? Can we prove there isn’t a teapot orbiting the sun midway between Mars and the Earth? Perhaps Uwanawich actually saved the family from a terrible curse and their $1.6 million was well spent. The amount certainly pales in comparison to the amount of money various churches collect from their devotees. People pay money to those who take advantage of their nonsensical beliefs all the time and yet, for the most part, we don’t find it criminal. What’s different about this case?

Don’t get me wrong, what Uwanawich did to that family was reprehensible, but do the family members not bear much of the responsibility? They certainly handed over the money eagerly and willingly and presumable avoided the dread consequences of the curse.

In that far distant future in which Atheists come to power should they have the ability to put your local religious leader in jail for defrauding you? It’s a question needing an answer and I’ll happily tell you what I think. No. Religious beliefs, whether curses or salvation, should be out of the purview of the courts. Believe what you want and suffer the consequences, financial or otherwise, that’s your business.

Tom Liberman