Category Archives: Law

Shai Werts and the Bird Shit Cocaine

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Shai Werts

A young man named Shai Werts who plays football for Georgia Southern was arrested for cocaine possession the other day and the entire thing gives me yet another chance to rant against the so-called War on Drugs. The entire episode illustrates how police use the War on Drugs to persecute those they don’t like, which, I’m sure you’ll find shocking, is most often minorities.

Here’s what happened. Werts was supposedly speeding on a secluded road and an officer tried to pull him over. Werts was uncomfortable in the situation, called 911, and drove to a more populated location followed by police. When he did pull over, he explained why he didn’t stop immediately.

Our finest officers then scraped bird shit off his car hood, put it in their field kits, claimed it tested positive as cocaine, and arrested him. Werts told the officers it was bird shit but they weren’t going to put up with that excuse. Later, when subjected to a real laboratory test, the substance turned out not to be cocaine, what a surprise.

Here’s what really happened. A young black man was rightly afraid for his life when the police pulled him over for speeding. That alone is sad testament to the reality in which we live. He was also likely afraid they’d plant drugs on him because that is also a reality of the world. So, he forced the officers to follow him to a less secluded location. That pissed off the officers. They decided they wanted to punish him. They found the flimsiest of excuses to harass him. Did the bird shit actually test positive in the field kit? Who knows, field kits and drug sniffing dogs are notoriously unreliable.

This situation was simply officers abusing their authority to harass someone who did something they didn’t like. If you’re a minority living in this country, you aren’t at all surprised by this. If you’re not a minority you probably don’t even believe it happens, you’re mad at me, and will write nasty comments about how I hate police.

This is the War on Drugs. An excuse to harass citizens, steal from them, put them in prison, and be a general bully. This behavior has effectively alienated law enforcement from the communities they are trying to serve. I’ve written before how this is a tragic situation both for citizens and police so I won’t reiterate.

What does it say when police scrape bird shit off the hood of a car in order to harass people they don’t like? What does it say that we put up with drug detecting field kits that mistake bird shit for cocaine, that is if we don’t just assume the officers were lying?

Close your eyes to the travesty that is the War on Drugs and reap the consequences.

Tom Liberman

Government Bans Vaping for Teens Because it is Popular

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Vaping

The various states and municipalities across the country are quite busy enacting laws to ban vaping for people under the age of 21. The federal government has gotten involved as well, regulating it as if it was a tobacco product. These laws are largely being enacted because of the rise in popularity of vaping among teenagers.

Let’s be very clear about what municipalities, states, and the federal government are doing: vaping is popular and therefore we are making it a crime to do. We’re not yet willing to start yet another War on Drugs by banning it for adults but we must protect the poor, deluded and innocent children. It is our job as politicians to tell parents they can’t let their children vape. It is our job as politicians to tell nineteen and twenty-year old, legal adults, we know better for them then they do themselves.

Is vaping bad for you? The evidence is still out for non-tobacco products but the use of tobacco is clearly unhealthy as is the use of alcohol. The question becomes if it is acceptable for the various levels of government to decide for your children what they should and shouldn’t be doing in that regard.

As you might be able guess, in general I’m opposed to such bans from an ideological point of view. I’m for the legalization of all drugs but the question becomes a little bit stickier when we are talking about people not legally competent, children in this case. I’m clearly and unreservedly against laws preventing adults from knowingly and eagerly ingesting whatever substance they want, even if it is unhealthy.

The government does have some responsibility to protect children but that largely should be invoked when parents are abusive or irresponsible. It is largely a parent’s responsibility to ensure their child behaves in particular ways. When we involve law enforcement officers, we are making an enormous problem for ourselves, one that dwarfs the issue it is designed to prevent.

Imagine, fanciful as it might seem, a nineteen-year-old wants to vape and her or his parents have no problem with it. We are now making that person a criminal. Law enforcement must now arrest and steal from, that is to say fine, that person.

In addition, we are potentially legislating a business into bankruptcy with all its attendant casualties. We don’t like vaping and therefore we shall attempt to remove a category of consumers from being able to purchase and use the product. This has an enormous impact on the vendors, suppliers, retail outlets, transporters, and varied other players.

All laws are not bad but we must balance the freedom they take from us and the harm they do against the benefit they promise. In this case I see some benefit, it is certain less teens will vape if there is a law against such. I also see harm in the criminality that will be spawned and the black markets that will certainly arise to sell such products to teens. I absolutely oppose the idea nineteen and twenty-year-old women and men are unable to make informed decisions about their vaping habits.

I shouldn’t be telling them to vape or not to vape and neither should the government.

Tom Liberman

Human Trafficking and David Miscavige of the Church of Scientology

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David Miscavige

There is a story breaking about a woman suing the Church of Scientology and its chairman, David Miscavige for, among other things, sex trafficking. I’m convinced this lawsuit was spurred by the conviction of NVIXM founder Keith Raniere over similar charges.

I wrote a blog back in April of 2018 about why charging Raniere and his associates with a crime for their sex cult activities was a bad idea and the subsequent conviction and this lawsuit further hardens my position. Basically, if anyone, for any reason, stays somewhere where perhaps they don’t really want to stay, they are going to be able to bring charges against whatever entity convinced them to stay.

I would guess your first reaction would be this is a good thing. No one should be convinced to stay somewhere they don’t want to stay. However, I don’t think there is an organization in the country where someone hasn’t been talked into or threatened in some way in order to make them stay. It is common behavior for a church to threaten anyone who is thinking about leaving with ostracization from the religious community. Anyone who decides to stay in the church to avoid such is now a victim of human trafficking in accordance to the way those ridiculous laws were written. The church is liable and the leaders, like Miscavige, are subject to imprisonment.

It’s not just churches, it’s virtually every voluntary organization in the world. People will always have doubts about continuing to be a member of such groups and if they are told about certain consequences should they choose to leave, it can easily be construed as a threat and thus subject to these poorly imagined laws that are on the books in virtually every state in the nation.

Don’t get me wrong, if someone is physically restrained, drugged into submission, blackmailed, or otherwise coerced into staying; there should be an investigation to see if the law was broken. That being said, the way human trafficking laws are currently written, being interpreted, and enforced, I doubt there is a single one of us who hasn’t been so victimized.

Is it possible a group of mean girls from the local junior high might be thrown in prison for threatening to refuse another girl entry into some social group if she refuses to join their clique? You may laugh but that’s where we are heading and it is why we must be so careful not to legislate morality.

If someone wants to be a sex slave, or work long hours for some nonsense religious organization like that of Miscavige; that’s their business. Not yours. Not mine. Not the governments.

Tom Liberman

The President Cannot Legally Implement Tariffs

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Tariffs

It is important to understand that the President of the United States absolutely, without question, does not have the power to implement tariffs without approval from Congress. This power is designated specifically to Congress by Article 1, Section 8 of the Constitution of the United States. Nowhere in the Constitution is the president given any power to do so alone.

I find it amazing that congress has allowed President Trump, the first president to ever unilaterally implement tariffs, to do so. They have largely done so because they either like giving the president such power or they have completely given up on the responsibilities the Constitution grants them.

In either case, President Trump is now implementing new tariffs that business leaders across the United States, like the Chamber of Commerce, and most of Congress itself oppose. They are threatening, finally, to bring the matter to the courts where it seems impossible to me that such actions will be not be struck down as illegal. Why have they waited so long? Why do they still hesitate?

This action by the president, the past actions by the president in regards to tariffs, are clearly illegal. If the president wants to implement tariffs then said president must go to Congress and get them to pass the law through the normal process or get them to grant him the ability to do so.

The precedent set by these illegal tariffs is enormously damaging. One does not have to strain the mind at all to imagine a time when a Democratic President simply bypasses a Republican Congress by acting illegally. I’m certain Republicans would be crying foul at that point but perhaps, just maybe, yesterday is when they should have been squawking.

This willingness to support illegal policies because they come from a party for whom you vote or even because you support the political ideology of the action is baffling to this Libertarian. Cannot you see what is good for the goose is good for the gander? By allowing such illegal acts you set yourself up for future retribution?

If the Constitution of the United States is to be ignored so blatantly in one part, what is to stop a president from ignoring all of it?

Tom Liberman

Twenty-One to Purchase E-Cigarettes or Tobacco Products

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E-Cigarettes

Senators Mitch McConnell and Tim Kaine are co-sponsoring a bill to increase the federally mandated age for people to purchase tobacco products and e-cigarettes to 21. It has bi-partisan support and is being done to protect the children so I expect it will pass. You’ll not be surprised to find I oppose such legislation.

I could talk about how e-cigarettes are not even a tobacco product by nature or how the federal age to purchase is already 18, the age at which we become legally adults. Instead I want to focus on the idea the federal government should have no control at all over what we voluntarily put into our bodies.

I can hear you now: but, Tom, it’s to protect the poor, innocent children. The federal government must save them from the terrible scourge of tobacco. They are too young to make a decision for themselves. They will ruin their lives if the federal government doesn’t step in to save them. You can’t be against saving children? Do you want children to die? Are you a cruel, heartless, child-murdering monster?

No, I’m a Libertarian. The Constitution of the United States grants the government certain powers and they do not have any outside those as decided by the courts. The Constitution is also quite clear about who has these rights. The Tenth Amendment to the Constitution declares explicitly that powers not delegated to it are for the States and the people to decide. Whether or not your child buys an e-cigarette or any form of tobacco is up to you to decide.

It seems so simple to me. If community wants to prevent a store from selling such products to people under 21, the local politicians can pass an ordinance to that effect. If they do so and the people are unhappy with that decision, they can make their opinions known in the next local election. If the state makes such a law then the municipality can counter it with a law allowing such merchants to sell e-cigarettes and tobacco products within the jurisdiction of their city.

There are specific limits to the Constitution of the United States and if the federal government is not granted the ability to pass a law in certain regards, then it falls to the States and to the people. It seems obvious to me that the entity closest in relation to the effect of the law should have precedent. This gives the greatest control to the people, where the framers largely wanted it.

Frankly, there should be no such law at all. If someone wants to purchase e-cigarettes or tobacco products it should be up to the local merchant if they want to sell them or not. If the people in a town don’t like it, their representatives can pass a law.

Another important thing to remember is that a ban on a particular product doesn’t generally have the effect of preventing people from purchasing it; it just creates a black market. Let’s imagine the federal law passes. Does anyone imagine there won’t instantly spring up a black market for 19 to 21-year-olds to purchase as many e-cigarettes or tobacco products as they want?

The only thing the law does is give power to the federal government over aspects of our lives they should not have. If we allow the federal government to tell a legal adult of 20 they can’t purchase an e-cigarette, and the state and local community has no right to override such a rule, then what power are we not granting it?

Tom Liberman

Tiger Woods and the Wrongful Death Suit

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Tiger Woods Lawsuit

There’s a story in the news about Tiger Woods and his involvement in the death of Nicholas Immesberger I find interesting. Woods owns a restaurant in Jupiter, Florida called The Woods Jupiter, and Immesberger worked there. He was drinking during his shift and afterwards and died when his car overturned later that night. His blood alcohol content was more than three times the legal limit when he died.

At issue is the Florida statute which holds a person liable for damages if they knowingly serve someone who is habitually addicted to alcohol. Immesberger attended Alcoholic Anonymous meetings in the past and had crashed his car previously while drunk. The people who worked with Immesberger knew of this and thus are potentially liable for the harm caused.

Woods owns the establishment and his girlfriend, who is the general manager of the bar and restaurant, drank with Immesberger a few nights before the fatal accident. Therefore, the lawsuit seeks to hold them accountable for the death even though neither of them actually served drinks to Immesberger the night of his death.

Many states have laws fairly similar to Florida in that it is illegal to serve someone who is a known alcoholic or who is obviously quite intoxicated. I personally agree doing so is not a particularly kind thing. If a person is stumbling drunk, she or he probably shouldn’t be served any more alcohol. If a person is an alcoholic, it would be somewhat of a service to refuse to provide drinks to her or him. That being said, I don’t think either action should be a matter for the state to adjudicate.

There are many problems with the law but the first and foremost from this Libertarian’s perspective is that it largely absolves the drunkard from responsibility. If a person chooses to drink to the point of intoxication and then hurts or kills someone else, or themselves, in an accident; that is completely the responsibility of said person. The statute seeks to put accountability on the server.

Another enormous issue is the law, by its very nature, is going to be applied unevenly and can easily be used by the state to persecute perceived enemies. It is quite certain people habitually addicted to alcohol are served in such establishments every minute of every day. Oftentimes it is quite well known the person has a problem. Basically, prosecutors get to choose when and if they are going to use the law.

The purpose of the law is an attempt to get people to stop serving alcoholics. A noble resolve but a clear attempt at social engineering. Good intentions are often the precursors of bad laws. Immesberger is dead because he chose to drink and drive.

If you think the lawsuit is egregious and without merit then you necessarily think the law is such. The letter of the law indicates at least the bartenders are liable if not Woods and the general manager.

I certainly think the employees of The Woods Jupiter should not have served him so much alcohol over the course of the day and evening. They should not have stood by while he drove off. That’s a moral failing, not a legal one.

Tom Liberman

Women with Small Breasts Face Discrimination in Australian Pornography

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Small Breasts

There’s an interesting story making the rounds in social media about Australian women with small breasts being banned from appearing in pornographic material which illustrates an important point about how poorly written laws attack freedom. Basically, in an attempt to eliminate child pornography, the government of Australia ruled that women who appear to be under 18 are not allowed to appear in such material. This law has largely affected women with small breasts.

The idea being that if a small breasted woman wants to appear in pornographic material there is a chance a pedophile might fantasize the woman is a young girl. There are any number of problems with this law including the idea that a woman’s breast size is somehow a predictor of her age.

Another question that arises is who makes the decision on what makes a woman appear to be under eighteen? It is clearly an arbitrary choice based not only on breast size but facial appearance and body size as a whole. It would also seem to suggest men in general that women with larger breasts are womanlier. As a fellow who loves sporty ladies, I find this rather offensive but that is beside the point.

The net result is that women with small breasts are being systematically removed from pornographic material in Australia. This is obviously unfair to women with small breasts. They are clearly being discriminated against and their professional lives taken from them by an overbearing government bent on saving us from pedophiles.

This situation is an extremely nice microcosm of the many ridiculous laws foisted off on us by a government claiming they are only doing it to protect us. I’m not opposed to all laws but ludicrous laws, selectively enforced, are a danger to all of our freedoms. Ask a minority driver in the United States who owns an older car how many times she or he has been pulled over for making a wide turn or not signaling within 100 feet of a turn. Then ask a non-minority driver in a new car the same question.

I’ve written any number of articles associated with the miscarriage of not only justice but complete lack of human decency engendered by stupid laws. There is no doubt in my mind this new ruling in Australia will do absolutely nothing to curtail the use of children in pornographic material and will do actual harm to citizens of that country who have nothing to do with such an industry.

Congratulations do-gooders of Australia, you’ve made the situation worse with a stupid law. That’s what bad laws do. Let’s try to avoid them.

Tom Liberman

Just Let Kids Like Olivia Jade Giannulli into College

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Olivia Jade

I know it won’t be a popular opinion but I think the only real way to stop the behavior associated with the college admission scandal is to simply let kids like Olivia Jade Giannulli into school in their own category. If Olivia Jade and the legion of kids like her, who have the wherewithal to not only pay for their education but eventually fund many other students through future donations, want to attend a particular college, just let them in, no questions asked.

Simply create a category separate from normal admission so they don’t take anyone else’s spot. We’ve got some wealthy kids with rich parents who want their kid at a particular institution. If the school lets them in, they pay lots of money today and much more in the future. This allows the educational institution to flourish. The downside? I suppose all the people who are getting money off the bribery, such as Mark Riddell, will have to find a new way to finance their lives but other than that, I don’t see a problem.

The issue is basically that kids like Olivia Jade have always had, and always will have, every advantage in life. They get special tutoring, the best instructors, training at elite institutions, and other perks that less wealthy kids do not. It’s reality whether we like it or not. Some of those super-wealthy kids will do great things with the advantages they are given while others will squander them but that’s their business.

I know many people will complain about the inherent unfairness of a system such as I propose. Poor and middle-class kids have to work extremely hard under disadvantageous conditions to get the same thing being given to rich kids in exchange for lots of money. I agree, it’s unfair. Welcome to life.

Rich kids, children of important people within the academic institution, excellent athletes, and others have always been given far more breaks than those without such connections. It doesn’t stop at school either. Such children get better jobs with less effort and receive more chances when they fail.

My point is there is no stopping such behavior so we might as well allow it under a stated structure. Olivia Jade is allowed into USC with all the advantages such an education entails but she doesn’t take up a spot some other kid earned.

In the end, as the expression goes, the cream rises to the top. If such rich children are allowed into school along with their poor but harder working counterparts, eventually the one who does the best job will rise the highest. Maybe Olivia Jade will find great success in life but I’d guess someone like Rose Campion will achieve more. In the end, it’s up to them. Sometimes having to work harder for something is a good thing, even if it’s unfair.

Tom Liberman

Why Does the Justice Department Care about the Academy Awards?

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Academy Awards

The United States Justice Department just warned the Motion Picture Academy that a proposed rule change about eligibility to receive Academy Awards might result in Anti-Trust legal ramifications. Really? This is what the Justice Department of the United States of America is spending their time doing? Threatening award ceremonies about how they decide eligibility? I’ll give you a small hint, the executives of Amazon and Netflix are opposed to the changes and they just might have a dollar or two spend.

First, let’s examine what is being proposed. With the advent and enormous growth of streaming services there are more and more movies spending little or no time in the theaters. They are developed and sold directly for television. Recently the Netflix film Roma received a nomination for Best Picture and this triggered a response from the Academy and particularly influential filmmaker Steven Spielberg. They believe such films should be eligible for Emmy Awards but not Academy Awards. The idea being that the Academy Awards are for movies while the Emmy Awards are for television.

I think there are argument to be made both ways. The made for streaming movies are not in the theaters for any appreciable amount of time, mostly just so they can be eligible for movie awards. However, they are in the traditional movie format and home theaters are more and more becoming a venue for audiences to view first run movies.

We can argue back and forth about whether or not such productions are movies or television shows but it’s beyond my comprehension that the Justice Departments thinks they have a say in this matter. A major award certainly increases publicity and thus revenue for a particular show or movie but it is up to the agency that runs the ceremony to decide upon the rules for inclusion. Just because they choose to exclude a group isn’t an anti-trust violation. They are not engaged in collusion, price-fixing, bid-rigging, or even group boycotting which is, I suspect, the justification for the warning.

Group boycotting is when several companies refuse to do business with a third party unless they stop doing business with a competitor. An example would be a clothing store that refused to purchase a particular line because it was being sold to a competitor of that business.

Despite any Justice Department claims to the contrary, what it is doing is damning in the eyes of this Libertarian. The government is attempting to flex its muscles at the behest of bribes, that is to say campaign contributions and lobbyist gifts, to force an independent company to do business in a way that is favorable to a third party, in this case Amazon and Netflix.

This is a stark example of Crony Capitalism. The government decides how a company does business. It’s destroying the capitalistic spirt of our nation and I’ve written about it elsewhere.

Out, out, foul government. Back to your closet where you belong.

Tom Liberman

Jussie Smollett and Small Government Collide

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Jussie Smollett

If you hadn’t heard the news that charges against Jussie Smollett for filing a false police report were dropped then you aren’t paying attention. The case tickled the fancies of the two main sides in our political spectrum and unfolding events proved interesting to this Libertarian. I’ll review for those not fully up on the Smollett case.

Smollett reported being physically assaulted during which racial insults were used and a noose was placed around his neck. In the course of the investigation Chicago police eventually determined that Smollett actually paid his supposed attackers presumably in some sort of publicity scheme. After the case was turned over to prosecutors, they dropped charges when Smollett agreed to forfeit his bond money.

Now for the Libertarian take on matters. After reports of the original assault, democrats largely called for the Federal Bureau of Investigation to step in and treat it as a hate crime. When the evidence began to shift, they fell silent. Meanwhile, Republicans had no interest in the federal government getting involved in a local assault case. When charges were dropped, they immediately wanted federal involvement to punish Smollett for his crimes.

This is essentially a microcosm of the belief system of the people associated with our two main political parties. They want as much federal intervention in your life as possible as long as they are punishing or rewarding people they consider enemies or friends. When such federal intervention goes against their interests, they immediately fall silent. This is the problem with giving federal and even state government power over such matters. It is only a matter of time before someone uses that power to punish enemies or reward allies. Both are bad.

Assault is assault whether or not someone hated the victim because they are part of a particular group. I’m completely opposed to hate crimes in general and the local police should handle such matters. Likewise, decisions to prosecute or not should be left completely up to the prosecuting attorney in the particular municipality. They can best determine what should be done, not an overreaching federal government intent on punishing perceived enemies.

I’m certainly not pretending that injustice doesn’t happen. That a prosecuting attorney in a case might give preferential treatment to a friend or use her or his power to punish an enemy. We have a remedy for such incidents and it’s called the Judicial Branch. All is not perfect and corrupt officials do considerable harm at the local and state level, I admit as much. Still, it is my opinion the harm they can inflict locally pales in comparison to the harm that can be done by federal authorities with unlimited funds and a grudge.

As things stand, it appears to me that Democrats and Republicans alike consider federal power a useful bludgeon to be used indiscriminately to reward and punish. I disagree.

Tom Liberman

Stormy Daniels Brings down the Vice Unit in Columbus

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stormy daniels

Back in July of 2018 a woman with the stage name of Stormy Daniels was arrested for non-sexual touching in a strip club in Columbus, Ohio. I wrote an article at the time expressing my Libertarian outrage at the event and now the entire vice unit that ran the operation has been disbanded because of a series of events that sadly do not boggle the mind; frankly, it’s the sort of behavior I expect out of law enforcement agents these days, and that’s a tragic thing.

You can read about the incident with Stormy Daniels that caused the vice unit to come under scrutiny in my original blog so I won’t reiterate it here. The tragedy currently unfolding sadly reinforces my opinion of the continuing downfall of law enforcement to an agency of oppression.

Officer Andrew K. Mitchell is under indictment for any number of abuses he allegedly committed during his thirty-year career as an officer. He is accused of forcing women in custody to provide sexual services in exchange for release. Two other members of the former unit are under investigation for similar activities. The entire unit blatantly disregarded the prosecutor’s office that warned them specifically against the sort of behavior they engaged in during the arrest of Stormy Daniels.

Mitchell also apparently owns properties in which he extorted tenants for sex in exchange for a discount on their rent. In addition, he killed a woman in August 2018 in which he and a fellow officer claimed she attacked them.

This is police enforcement in the era of the War on Drugs. It’s the police versus the community rather than the police with the community. There was a time this wasn’t the case and I’m sure there are plenty of officers out there who don’t behave this way. The reality is tragic for communities and law enforcement.

The good news is that it doesn’t have to be this way. If we ended the War on Drugs, removed moronic laws from the books, and essentially allowed adults to do as they pleased within reason, the relationship between law enforcement and we the people would begin to be repaired. There is also good news in that more and more law enforcement agencies are recognizing the rift that exists and taking concrete steps to improve the situation.

Right here in my hometown of St. Louis, MO the police and local communities are engaged in a terrific program in which officers play chess with young students.

I recognize that my statements in these blogs can be misconstrued as anti-law enforcement. Nothing could be further from my intent. What I want is for law enforcement officers to be seen as a force of good in the communities they serve, not the enemy. Also, for such officers to view the citizens as people to befriend and protect, not as cash meat bags to be used and discarded.

The fact the vice squad is being dismantled is a good thing and the role Stormy Daniels had in it is to be applauded. It’s just a sad statement of fact that it took such a high-profile incident to expose the vile underbelly that has been consuming law enforcement for the last thirty plus years.

Reality often hurts but it is better to expose a painful truth than allow a lie to grow and fester.

Tom Liberman

Outlawing Fornication in Utah

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Fornication

Legislators of Utah recently repealed a law that made having sex outside of marriage a crime, fornication. Interestingly, when the United States was founded no such laws existed but eventually sixteen states added them to the books. Punishment was rarely imposed and the Supreme Court largely made them unenforceable. Still, I wanted to examine the idea behind them and the danger they represent.

It’s pretty much summed up by the words of one of the Utah legislators against the repeal. Basically, Representative Kevin Stratton says that what is legal is below what is moral, and fornication is immoral. Far below, in his own words. I would guess there are people across the country who feel this same way, I would guess largely religious people. What Stratton is saying is that it’s true we cannot legally enforce the moral codes as laid about by various religious texts, but that doesn’t mean we shouldn’t try. Thus, he voted, along with 31 other members of the Utah House, against the repeal.

This is the sort of thinking that has long held sway in both major parties. I think I know what is best for you and, when I have a majority position, I’m going to force you to do it against threat of criminal prosecution. In this case it’s certainly Republican based but I can offer examples of Democrats doing the same thing whether it be vaping or drinking sugary soda. Either way, it’s simply you telling someone else how to lead their life.

We must be cautious about how many things we make against the law or we will essentially turn our entire population in criminal. Oh, too late, we’ve already done it. There are so many traffic and drug laws I would guess that hardly a day goes by without everyone committing a crime of one nature or another. Here in my home state of Missouri, it’s illegal to use the wrong side of a crosswalk while crossing a street.

Imagine if the Supreme Court had decided it was perfectly acceptable to prosecute people for fornication. How many of you would be in jail? How many of you would have lost your freedom for having the audacity to believe you were actually free? Every time a law like this makes it onto the books, we put law enforcement officers in a position to selectively enforce their laws and that inevitably leads to inequity against whatever group is perceived to be the enemy. This is a danger to us all, because, eventually, someone who doesn’t like the way we conduct our lives is going to have the majority.

At some point a person is going to be in a position of power who doesn’t like something that you do and try to make it illegal. This is where the Constitution of the United States and its final arbiter, the Supreme Court, comes into play. They can strike down any law they believe violates the Constitution. Hooray!

We have limits expressed by the Constitution that people of both political parties really like and others that they hate. I find the Second and Fourth Amendments illustrate this nicely and I have a blog addressing that issue if you want to read it.

The point here is that Utah has, until the Governor signs the new legislation, a law that was ruled unconstitutional by the Supreme Court. It is unenforceable both legally and pragmatically. Yet, some people want it still on the books. If that doesn’t make you appreciate the Constitution, all of it, then we are not of like minds.

Tom Liberman

Timothy Morrow and Stop Insulin Advice for Diabetics

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Timothy Morrow

A fellow by the name of Timothy Morrow thinks insulin is a toxic agent that doesn’t help diabetics but instead hurts them. He recommends herbal remedies. He also promotes not giving children vaccines. He suggests alternative medical treatments for brain tumors and cancer. One of his clients had a child with diabetes and, on the advice of Morrow, didn’t give the boy insulin or call medical services. The child died. The question becomes if Morrow committed a crime.

This case reminds me in some ways of the Michelle Carter case in which she cajoled a friend to commit suicide. What Morrow did and continues to do is immoral and disgusting. He is dispensing bad medical advice for financial gain. The death of the young man in question is not the first time someone has died because they followed Morrow’s advice. However, is it criminal?

The herbal remedies that Morrow sells are labeled in a way indicating they are not approved for medical treatment and they are not intended to be used as medicine. He certainly advises people not to get vaccines, not to take insulin, not to go to doctors. His mantra is that the medical community is not interested in curing people but simply getting them sick and taking their money. Ironic to be certain as that exactly describes his own practice, but criminal?

It is reasonable to suggest that any person told not to give her or his child insulin for the child’s diabetic condition has plenty of information available to explain the folly of this advice. If the parent chooses to follow the bad advice despite ample and easily accessible proof to the contrary, who is at fault? The person who gave the bad advice or the person who followed it? Both?

Morrow pleaded guilty to one count of child abuse and has to pay for the cost of the funeral and an extra $5,000 in fines. The parents are not being charged with any crime at all.

Should the state met out punishment for people whose beliefs are unsupported by evidence and result in harm to a minor? Should the state seek criminal charges against those who offer medical advice that while perhaps heartfelt, leads to the death of a minor? These are important questions in this era when people forego vaccines and other life-saving medicines for their children because of, to be frank, completely ridiculous beliefs.

If I told you to drive off a cliff to cure your myopia and you did it, am I guilty of a crime? What remedy does the state have for people who do stupid things and people who dispense bad advice?

It’s a difficult question and cases need be evaluated individually but I’m not one to shirk away from a tough answer. In this case I’m sad to say I think the wrong people were charged. Don’t get me wrong, Morrow is vile, but he didn’t commit the crime, the parents did.

As I’ve said many times before, Freedom is free, it’s just not safe.

Tom Liberman

Suboxone Film Case Explains Drug Prices in a Nutshell

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Suboxone Film

The United States Supreme Court just ruled that a drug called Suboxone Film, made by a company called Indivior, can no longer exist as a monopoly. Suboxone Film is used to treat opioid addicts and generated over a billion dollars in revenue for Indivior last year. That company has been fighting in the courts to keep generic, cheaper, versions of the drug unavailable. They lost.

I think a quote from spokespeople from Indivior pretty much explains the horrific situation we currently have in the United States when it comes to expensive medication. In arguing before the court, the company’s legal team stated: An entire business, and the jobs and livelihoods that depend on it, will be in peril.

Basically, what they are saying is that if a generic drug that does the same thing but at a far cheaper price were to be introduced it would hurt the company. This is actually quite true. However, it is not the government’s job to protect a company from being run out of business by competition, although that message has largely been lost when it comes to the Food and Drug Administration and our nation as a whole.

The government makes it incredibly difficult to introduce generic drugs in a number of ways and this leads to a lack of competition. The FDA is essentially a tool used by established pharmaceutical companies to make it difficult for competitors to gain a foothold in the market. The loser in all of this is the people of the United States.

Indivior says that if Dr. Reddy’s Laboratory is allowed to introduce their generic substitute for Suboxone Film to the market then they themselves will introduce their own authorized generic. If that doesn’t tell you all you need to know then I’m not sure you will ever be convinced. Indivior has been more than able to introduce a cheap generic version of Suboxone Film for who knows how long. They haven’t done so because the United States has prevented competition. They say quite explicitly that if there is actual competition, they will introduce a cheap generic.

In the meantime, the people of the United States have been forced to buy an expensive drug in lieu of the cheaper substitute. This process subverts the glorious benefit of capitalism that Libertarians like myself extoll. If the market is allowed to operate largely in a free fashion then competition benefits everyone. It is when the government gets overly involved that everything gets messed up.

It’s important to understand that the FDA and the United States government as a whole are hurting us all the while claiming it is for our own protection. I’m not completely opposed to running trials for drugs to ensure their safety before allowing them to market, the problem is that the FDA isn’t doing that anymore. They are largely working for established companies and suppressing competition. They do this because they are bribed with fancy conferences, vacations for their families, and other benefits.

It took a lawsuit that made it all the way to the Supreme Court to change this particular instance and that should also tell you something. The case of Suboxone Film simply proves my point.

Tom Liberman

Nello Bans Single Women from the Bar Illustrating Compound Stupidity

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Nello Restaurant

There’s a news story making the rounds about an upscale restaurant in New York City called Nello which has instituted a policy wherein they have banned single women from sitting at the bar. Such women must sit at a table. It’s a double-dipping, moronic, Libertarian Triggering, nightmare of epic proportions!

The reason for the new policy is that prostitutes sometimes sit at the bar in the hopes of attracting customer. The management of Nello doesn’t like having these ladies in their establishment so they’ve taken to seating single women at tables rather than the bar. Why is this so incredibly stupid, you might ask me? I’m so, so happy to tell you.

Nello is banning all women because women are engaging in a banned profession despite the fact that the banning of prostitutes is clearly not working in the first place! But, obviously, the banning of single women from the bar will work where the banning of prostitutes hasn’t. Oh, the joyous, glorious, Libertarian irony. I’m figurately giddy. Or is that literally giddy? You’ll have to read my recent blog on the difference between the two to know. As for me, I’m just so darned pleased with myself that I’m going to continue to ramble.

You see, the banning of women because the other banning isn’t working is not the only problem with the Nello policy. All single women wanting to dine at Nello are being punished for something someone else is doing. This is the misguided thinking behind the so many useless, freedom defying laws that dot the legislative slates across our country. Some people might waste their money playing poker or betting on sports, ban gambling! Someone might become addicted to a substance, ban marijuana! Kids might be vaping more than is good for them, ban Electronic Cigarettes! Someone might use a firearm in a crime, ban weapons!

Nello, my dear fascist enforcers of moronic policy, if there is a lady of the evening in your restaurant, kick her out. She’s the one causing the issue. Personally, I have no problem with prostitutes. They are providing a service to a willing clientele. However, I absolutely support Nello’s right to have in their establishment who they want; if they don’t want ladies of the evening so be it.

Now, before you start telling saying, ‘Hey, dumbass, you’re being hypocritical because Nello can ban single women at the bar and you should support their right to do so’. I agree Nello has every right to ban single women from the bar, the owner of the restaurant can make any decision in that regard he or she wants although Constitutional protections for gender might well be something to consider legally. I just think it’s a poor business decision. They are alienating a certain portion of their clientele.

Stupid decisions? Those are theirs to make as well. If it affects their business, perhaps they’ll change the policy. That’s the reality of the situation. I can’t tell Nello how they run their restaurants. I can choose which restaurants to patronize. That’s freedom.

Tom Liberman

Camp Fire Workers and Freedom of Speech

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Camp Fire Workers
Camp Fire Workers Offensive Images

A news story making the rounds about Rob Freestone, and other Camp Fire Workers, who took vile pictures of themselves amongst the ruins of people’s lives after the tragic wildfire in Paradise, California, perfectly illustrates the concept of Free Speech as outlined in the First Amendment of the Constitution of the United States.

Freestone and two other workers took pictures of themselves laughing it up over the corpses of beloved pets, in destroyed homes, jumping on burned out trampolines with captions denigrating the owners, along with other pictures. That these pictures might upset the owners of the homes and their neighbors who had recently lost everything, including friends and family, is not at all surprising. What can be done about people who do such things? That is where the Freedom of Speech of the camp fire workers comes into play.

One group of people seems to think the men are free to say what they want without repercussions based on the First Amendment. A second group of people want the camp fire workers to be arrested and charged with a crime for their vile behavior. Both groups are incorrect. The concept of the First Amendment seems relatively simple to me. People are protected against an overly aggressive government attempting to incarcerate or fine them because of their words. However, the camp fire workers are in no way protected from ramifications devised by sources not the state.

The company that employed the men, Bigge Crane and Rigging Co. and their contractors PG&E are entitled to do as they will. They have done so. Bigge announced the three men were fired from their jobs and wrote an apology to the residents of Paradise published as a press release.

I don’t necessarily fully support Bigge for this decision, nor disagree with it, but I absolutely think Bigge has the authority to fire the men. If law enforcement agencies bring charges against the camp fire workers, which they are looking into doing, then I find myself on the side of the workers. The police should not be allowed to charge people with a crime for posting deeply offensive photographs.

Now, to demonstrate the difficulty of law, let’s suppose Bigge didn’t fire the workers and the state subsequently refused to give future contracts to the company because of that decision. This is where law becomes problematic and why we have a judicial branch. This situation not being the case, I won’t wade into the thorny issue.

The outcome as it stands cleanly and neatly illustrates the protections of the First Amendment. We are entitled to say what we will, with exceptions carved out over time by the courts, without fear of arrest or fine by the state. We are not free to say what we want without repercussions from our employers, family, friends, and random strangers on the internet.

You might find particular words to be offensive while another person supports and agrees with those same utterances. That is the point of the First Amendment to a large degree. The state, in the form of whatever political party is currently in power, will always like certain speech and find other words to be dangerous. The state, and the state alone, is very limited in how it can respond to such speech, this is a good thing.

Tom Liberman

Fluid Dynamics and Physics not Needed for Blood Spatter Analysis

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blood spatter analysisIf you’re a fan of crime drama then you’ve almost certainly heard of Blood Spatter Analysis. It’s a technique used to determine how a crime happened. It doesn’t work. That’s very clear. The experts testifying about it generally know nothing of Fluid Dynamics or Physics and earn a certification after a forty-hour course. Yet, it’s an accepted science in almost every part of the United States. Lovely.

I just read an amazing article about how all of this came to be. Basically, one fellow invented the so-called science in his basement and was convincing in the courtroom despite having no scientifically backed evidence to back it. Now a horde of experts, almost all of whom trained with and were certified by him at his forty-hour course are testifying against one another in cases across the country. It’s not hard to find someone who will testify a blood spatter is evidence of absolute guilt while another person from the same discipline argues for complete innocence.

People’s blood is different in consistency and even different throughout the body. Weather can play an enormous role in fluid dynamics. Gravity plays a part. The setting on the air conditioner will make a difference in how blood behaves in various circumstances. There is good reason no readily repeatable experimentation on blood spatters exists. Yet, the testimony has resulted in any number of people being exonerated or convicted.

There is currently an effort by scientists with strong backgrounds in fluid dynamics and physics to try and make this actually work but the problems persist. It’s largely a field mired in confirmation bias. The result you want to get is the one you get. There just isn’t enough consistency in results to come to reliable conclusions.

There is a lot of sad in all of this. But, being the Libertarian that I am, I’m going to reserve my outrage mostly for myself. Why didn’t I realize this entire methodology is bunk? There is nothing in the article that I couldn’t have figured out simply by thinking about it for a bit. Obviously, blood splatters are going to have huge inconsistences based on wind, temperature, pressure, blood thickness, angles, and who knows what else.

Yet I ate it up on crime shows and assumed it was based on scientific principles all this time. Bad Tom! Do better.

Tom Liberman

Cut Soccer Player Sues to be Put on Team

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Ladue SoccerIs it legal when a coach decides to cut a high school junior soccer player from the Varsity team and the Junior Varsity team is generally reserved for freshman and sophomores who have more years to play, leaving the soccer player without a team? The parents don’t think so and are suing the school district for age discrimination. This is all happening right here in my hometown of St. Louis, MO at a Ladue Horton Watkins High School and thus catches my attention. There is a lot going on here worth discussing.

I have a long history of playing sports and I’ve had good coaches and bad coaches. I’ve had coaches who showed favoritism and coaches who simply wanted the best players at each position. There’s no doubt in my mind the coach might have unfairly or unjustly cut the player. It’s also clear that the age of the player is absolutely a factor in not being placed on the Junior Varsity team. The coach admits as much in a letter written explaining why the player was cut in the first place. If the youngster was on the bubble, as the letter says, then it is highly likely he has the skill necessary to help the Junior Varsity team.

Here’s the problem with all of that. It’s the soccer coach’s decision and the best player isn’t always the one that helps the team the most. There are all sorts of possibilities in play. Maybe the player in question is the fourth best forward and tenth best player on the team but there is only room for the top three forwards. So, despite being clearly one of the ten best players on the team, there is no room for him at his position. This happens all the time. At the college level a player in such a situation transfers to another school. At the professional level they are traded. At a private high school, they might move to a different school but a public school, such a Ladue, they are largely bound by the district in which their family lives.

The same rule applies to Junior Varsity. A player with three more years of eligibility has more to offer to the team in the long run than one with but a single year remaining even if they don’t currently have the skills of the older player.

It could be the player just has a bad attitude in the locker room and contributes to disharmony on the team. As I said, there are plenty of good reasons why the player was cut but there are also plenty of bad ones. Maybe the coach is friends with the family of another player who was kept on the team. We just don’t know. Maybe the coach is making a bad decision. Again, there is really little way to know.

In the sports world the thing that ends up mattering is results. If the Ladue soccer team fails to succeed in the coming years the coach will eventually be fired. If the coach makes a bunch of poor personnel decisions then failure is likely.

Life is filled with injustice but the final arbiter is generally success. This is nowhere more evident than in sport. I certainly feel badly for the player in question, particularly if the coach’s decision was based on anything other than merit, a possibility I not only admit exist but readily understand happens all too frequently. That being said, such personnel decisions must be left to the coach, not the state.

Tom Liberman

Does Ticketmaster Mind Scalpers Breaking Rules?

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TicketmasterThere’s a fascinating story in the news involving Ticketmaster being complicit in scalpers reselling tickets. The idea is simple enough, Ticketmaster has a service called TradeDesk in which people who have tickets sell them to willing buyers. The problem is TradeDesk is largely a way for scalpers who purchase tickets on Ticketmaster to resell them at higher prices.

Why is this problem? At first glance it doesn’t seem as if Ticketmaster is doing anything wrong. They sell the tickets to whoever is first to purchase them and then are involved in the resale at a higher, or lower, price. This is obviously lucrative for Ticketmaster as they get a percentage of all sales; essentially, they are profiting twice off the same product. However, thanks to some undercover work from the Canadian Broadcasting Corporation, it seems Ticketmaster is making it very easy for scalpers to purchase large numbers of tickets to events before the public has a chance to do the same. Ticketmaster has a rule in which no one is allowed to buy more than a small block of tickets but they essentially ignore it when scalpers bypass it.

Thus, people who want to purchase tickets to an event never really have much of a chance and are forced, if they still want to attend, to buy the higher priced tickets at TradeDesk. Sales representatives for Ticketmaster told undercover investigators they pretty much were facilitating such transactions. The company is denying the allegation and said they are looking into the practice. They claim they attempt to stop such large purchases to the best of their abilities.

This entire thing intrigues me from a Libertarian perspective. Let’s imagine Ticketmaster doesn’t have the rule about blocks of tickets. Then what we are seeing is capitalism in action. The event promoters generally set the ticket prices and if resellers are able to get a higher price, it’s likely the promoters set the original price too low. That’s their bad. The scalpers are merely capitalizing on a mistake. The risk is all with the reseller. If they misjudge and have to resell the tickets at a lower price, because there is little interest for instance, they lose money.

I totally agree Ticketmaster is not being transparent if they are, indeed, allowing scalpers to purchase large blocks of tickets with the intent of reselling in violation of Ticketmaster rules. The reality of the supposed crime is more complex. Even if Ticketmaster cracks down on large blocks of tickets being sold to a single user, I’m fairly certain the scalpers will refine the technology they use to call and order and still scarf up the majority of the tickets.

Is it fair to the average user who just wants to go to the concert or see the game at the price of the original ticket? No. That’s clear. Then again, such a viewer can simply choose not to spend the extra money for the resold ticket.

What do you think?

Tom Liberman

Why is the United States Placing Cyanide Devices in Western States?

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M-44 Cyanide DeviceThere’s an interesting legal case ongoing about a device called a M-44 Cyanide device which is used mainly in western states as a way to control coyote populations. One of the devices injured a young man from Pocatello, Idaho and killed his dog.

There are two elements to the situation that intrigue me. First is the case itself and second is the reason Wildlife Services places the devices at all.

The case is interesting in that the boy’s family describes the incident in which he was injured in a way that is largely impossible. They claim it exploded when he touched it but it has only a spring-loaded mechanism. It sprays cyanide when an animal bites the scented end and pulls with force.

The assumption here is that Canyon Mansfield likely did more than simply touch the device in order to set it off. That is the government’s argument for why they won’t pay damages. It’s probably true. They claim the Mansfield was negligent in handling the device and responsible for his own injuries.

Still, if I were in charge of the case I’d make the payment. It’s not going to set a precedent. People aren’t going to run out and mishandle the devices in order to get settlements. No one wants to be doused in cyanide.

The second thing I find interesting, from a Libertarian point of view, is why we are using the devices at all. Since the 1930s the United States has been placing the devices in order to kill coyotes and wild dogs. The M-44 Cyanide device killed over 12,000 coyotes in 2016 alone so they are clearly effective. This is out of the 76,000 the service killed overall. The reason we are killing such animals is they are a threat to livestock. Naturally they also kill pet dogs on occasion and at least 22 such animals were killed between 2013 and 2016.

I’m certain the Wildlife Service argues that far more pets and livestock would have been killed by coyotes if the devices were not used. My question is why is the government killing so many coyotes on public lands? The reason is simply because the United States leases these lands to ranchers in western states. The ranchers have livestock on the land and the government is spending your tax dollars to protect those animals.

This is at the heart of a number of problems, some of them having engendered major headlines in the last few years, associated with federally leasing such land. The ranchers depend on the land to feed their livestock. Without that land they couldn’t produce much of the beef we eat. Many of them have come to think of that land as theirs. However, if the land was owned by the ranchers they’d have to spend money to keep it up. As it stands, the government does all that work for them although the price of the leases mitigates the cost to some degree.

Basically, the government is killing millions of animals each year, yes, the number is that high, essentially to help out ranchers. There is pretty good evidence much of the killing is unnecessary. If the ranchers owned the land themselves they would probably carry out killings as well but because they don’t have an essentially unlimited budget, they’d probably only kill as many as necessary to protect their investment.

So why does the government own all this land which is being used largely by private industry? If you thought this problem was complex before, we haven’t even gotten started yet. That being said, I’ll give it a rest. I won’t bore you with the Bureau of Land Management, Native Americans, Public Land as a whole and the issues therein.

It’s not an easy issue to solve. I’ll say that much at least. Democrats largely wouldn’t want to turn the land over to private industry and Republicans largely wouldn’t want to force the ranchers to own and maintain that land. So, here we stand.

Tom Liberman