Quotulatiousness

April 22, 2012

For the defence

Filed under: Europe, Law — Tags: , , — Nicholas @ 11:09

Paul Mendelle explains why the Breivik trial in Norway seems so strange to those used to British or American court practice:

It’s the dinner party question that every barrister gets regularly asked — how do you defend people guilty of such terrible crimes as murder, rape and paedophilia? It’s a simple enough question, and one I expect to hear often now that the Anders Breivik trial is under way, but there’s not a simple answer. The query raises issues that go far beyond mere problems of professional ethics. It touches upon matters of fundamental constitutional importance to us all.

The shortest answer is to say that we don’t defend people who are guilty of these crimes; we defend people who are accused of them and who tell us they are not guilty. Contrary to just about every drama series on TV, barristers do not provide their clients with defences. It’s the other way around: clients give us their instructions, and we are bound to act strictly upon them. The joke among barristers is that if we were in the business of providing our clients with defences, we’d come up with something a damn sight better than they do.

[. . .]

But while we are obliged to take our clients’ cases and to act on their instructions, we are certainly not obliged to act as their mouthpiece. Quite the contrary, the court is not to be used as a soapbox from which the defendant spouts political views. We are obliged to defend the man accused of racially motivated crime if he is adamant he is not guilty, but not if he wants to use us to justify his racist views. And if we did, the judge would stop us.

That’s why the Breivik trial seems so strange to the eyes of an English lawyer: because what is being proffered by Breivik does not appear in any legal sense to amount to self-defence. No individual has the right to resort to mass murder to defend his country, as he claimed when he concluded his ludicrous evidence. The court does indeed seem to being used by him as a platform for him to express his twisted views and while it has had the very good sense to impose a broadcast blackout, I cannot imagine that an English court would allow the defendant to give that evidence, or to call the sort of witnesses he plans to call. I hope I never have the occasion to be proved right.

April 20, 2012

Zoning: what it is and why it fails

Filed under: Bureaucracy, Economics, Education, Government, Law, USA — Tags: , , , — Nicholas @ 08:05

Jonathan Rothwell in The New Republic on the palpable failure of zoning:

While most political economists think of institutions operating at the national or even state level, there is one essential but overlooked institution operating at and within the metro scale: zoning.

In a new report I argue that its impacts are destructive. Zoning laws are keeping poor children out of high-scoring schools, degrading education, and weakening economic opportunity.

Anti-density zoning — embodied in lot-size and density regulations — is an extractive institution par excellence. Through the political power of affluent homeowners and their zoning boards, it restricts private property rights — the civic privilege to freely buy, sell, or develop property — for narrow non-public gains. Property owners in a jurisdiction benefit from zoning through higher home prices (because supply is artificially low) and lower tax rates (because population density is kept down, as school age children are kept out), while everyone else loses.

[. . .]

Dragging down the quality of education available to poor children is not only unjust, it hobbles national economic gains and therefore harms even affluent people. Young black and Latino adults earn thousands of dollars more each year, and are far more likely to obtain a college education, if they grow up in metro areas where blacks or Latinos attend high-scoring schools — like in Raleigh or San Jose — compared to their counterparts in metro areas with low-scoring schools — as in Philadelphia or New Haven. Impressive research from Raj Chetty and other economists has also found that the quality of one’s school environment — measured by teacher or peer performance — causes large long term gains in earnings and labor market performance.

Previously, my work has found that zoning laws inflate metro-wide housing costs, limit housing supply, and exacerbate segregation by income and race. Other work faults these laws for their damaging effect on the environment, since they make public transportation infeasible and extend commuting times. With a few possible exceptions (see Michelle Alexander), it’s hard to think of an existing political institution in the United States that is more destructive of human and social capital.

Reason.tv: Too Much Copyright

Filed under: Law, Liberty, Media — Tags: , , , , , , , — Nicholas @ 07:45

“This disconnect between the public’s view of copyright and fair use and what should and should not be prosecuted, versus the ‘copyright maximist’ view of the law, is our generation’s Prohibition,” says Ben Huh, CEO and founder of Cheezburger and a loud voice in the recent backlash to SOPA and PIPA, two congressional bills aimed at curbing internet piracy.

Copyright exists to “promote the useful arts” according to the Constitution. But is it still doing that? And should the government protect so-called “intellectual property” in the same way it protects other forms of property? Reason.tv posed these questions to Ben Huh, as well as a professor and a movie studio representative.

Tom Bell, a law professor specializing in property law, has serious reservations about attempts by groups like the Motion Picture Association of America (MPAA) to equate property and copyright through ad campaigns admonishing viewers with messages like, “You wouldn’t steal a car. Downloading pirated movies is stealing.”

“As soon as we start using [the word] ‘copyright’ for ‘property,’ we start taking less seriously our property rights for things like cars and houses,” says Bell. “When you steal a candy bar or a car, you’ve left somebody without something to eat or something to drive.”

April 18, 2012

Another Conservative comes around on marijuana legalization

Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 09:36

This time, it’s National Post columnist Barbara Kay accepting the arguments on legalization:

Tobacco is harmful in any amount and it remains perfectly legal. Alcohol, while benign in reasonable quantities, is a gateway to alcoholism — the most intractable and damaging of addictions — which causes far more domestic and social misery than marijuana possibly could. And finally, there comes a certain tipping point when resisting the common will for no easily defined reason stops making social or economic sense.

Two thirds of Canadians want marijuana to be decriminalized. It seems clear to me that sooner or later marijuana is going to join alcohol and tobacco as a substance that the government recognizes cannot be eradicated.

Unless the moral argument is too powerful to override — in this case it isn’t — economic realities can’t be ignored. The street value of the cannabis industry in British Columbia is worth an estimated $30-billion a year; it would be worth double or triple that amount if it could legally attract tourists from the U.S. and other countries. Enforcement of our present laws is said to cost $1-billion a year; that money could be put to better use by rehabilitating hard drug addicts. The federal government brings in about $5-billion annually in tobacco taxes; legalizing marijuana would bring in at least a billion or two more.

However, she’s still a Conservative (as the tax angle above clearly shows):

I’d like to see marijuana legalized, but highly regulated. The government should oversee its growth, its potency and its distribution. It should be heavily taxed, as all recreational substances that can be abused are. But I’m not naive. Because it wouldn’t be legally available to minors, and because the strength would be too muted for many potheads, a black market in more potent stuff would spring up immediately. Criminals will focus their efforts on marketing stronger, illegal marijuana to minors. And we shouldn’t be surprised if our First Nations suddenly discover that growing and selling pot are ancient traditions in their culture that exempt them from paying sales taxes.

Legalization will no doubt come with its own set of problems. Commercialization and widespread marketing will bring in masses of new users. And, as I’ve argued before, for accountability and liability purposes, legalization will embroil government, insurance companies, schools and the medicare system in such a tortuous maze of regulatory and enforcement interference with their privacy, that potheads — and the libertarians who see legalization as a liberating panacea — will yearn for the paradoxical simplicity of illegal, but unencumbered access.

Why do we even bother calling them “life sentences”?

Filed under: Cancon, Government, Law — Tags: , — Nicholas @ 09:13

According to a recent Globe and Mail article, among the civil service jobs at risk in the government’s cutbacks are 26 convicted murderers who’ve been paroled and are paid to minister to another 2,280 paroled murderers (numbers from the 2010-11 report).

The Globe and Mail has learned that one of the many federal programs that will be cut in its entirety is LifeLine, a program aimed at helping people with life sentences — or “lifers” — successfully re-integrate into society once they’ve been paroled.

At a starting salary of about $38,000, the program hires and trains successfully-paroled lifers to mentor other lifers who are still incarcerated or who have been recently released on parole.

[. . .]

Under the Criminal Code, offenders serving a life sentence for murder may be considered for parole after serving 15 years of their sentences. Offenders serving life sentences for first-degree murder can be eligible for day parole after 22 years and full parole after 25 years.

April 17, 2012

Chateauguay Magazine: a clear and present danger to the integrity of the French language in Quebec

Filed under: Cancon, Law, Liberty, Media — Tags: , , , — Nicholas @ 13:45

Because it publishes with both French and English contents, the Quebec government’s language police have launched an investigation:

A monthly newsletter in the city of Chateauguay, Quebec, has caused a stir and it has nothing to do with its content. A resident complained there was too much English in the newsletter and now, Quebec’s language watchdog has launched an investigation.

The Office Quebecois de La Langue Francaise is looking into why the newsletter, called the “Chateauguay magazine,” is written in both French and English. The office says that’s a clear violation of the Charter of the French language, or Bill 101.

The office wants to ensure that the all the city’s communication with citizens is done only in the official language of French.

The folks in Chateauguay are apparently being oppressed because the magazine includes content addressed to the 26% of the population that speaks English.

Stephen Harper admits the current drug war approach is “not working”

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 08:07

Okay, pretty pedestrian stuff for most Canadians, but an amazing admission for one of Canada’s foremost and outspoken drug warriors to make:

Harper met Canadian journalists and readily admitted differences over the exclusion of Cuba from the Latin summit. He admitted, too, to a disagreement over British rule in the Falkland Islands.

But he was not ready to agree that the division over drug policy is so clear-cut. Rather, he insisted that there is much agreement. Then came the most interesting quote of the day.

“What I think everybody believes,” Harper said, “is that the current approach is not working. But it is not clear what we should do.”

This would be intriguing from any prime minister. From Stephen Harper, whose government’s crime bill ratchets up the penalties for drug possession, it was startling.

But don’t worry, Conservative hard-liners: after that brief slip into honest talk about the ongoing failure of drug prohibition, he quickly rallied and got back to the standard drug warrior talking points:

Lest anyone think he’d undergone a conversion in Cartagena, Harper quickly added the other side of the story.

Drugs, he said, “are illegal because they quickly and totally — with many of the drugs — destroy people’s lives.”

Update: Chris Selley reads the tea leaves and thinks there’s a hint in Harper’s words that may indicate a slight improvement:

So, there’s the same old lunacy. Ending alcohol prohibition was a pretty “simple answer,” wasn’t it? One doesn’t hear many regrets about it nowadays. It is amazing that it still needs to be said, but one more time: Prohibition ensures the overall supply of any given drug will be far more dangerous, if not more addictive, than it would be otherwise. Criminals have only made as much money trafficking drugs, only killed as many scores of thousands of people as they have, because those drugs are illegal. And in light of this, cracking down on otherwise law-abiding people for growing and distributing small amounts of marijuana is patently insane.

Still, if we parse Mr. Harper’s words closely — perhaps too closely — we find him arguing that “many” drugs “destroy people’s lives,” which implies that some don’t. If the “current approach is not working,” as Mr. Harper says, and if “there is a willingness” to consider other approaches … well, what else can we possibly be talking about except, at the very least, lightening up on pot?

Most likely, of course, this was just situational rhetoric. If Mr. Harper was going to go temporarily squishy on drugs, it would be among presidents and prime ministers whose constituents are slaughtered to feed Mr. Harper’s constituents’ habits. Central and South American leaders grow weary of this, as you might imagine.

April 14, 2012

Colombia tries to butter up Obama with “quickie” SOPA rules

Colombia buckles under intense US lobbying to introduce SOPA-like copyright rules in time for President Obama’s visit:

President Obama is heading to Colombia this weekend for a summit, and we’d been hearing stories that US officials had been putting tremendous pressure on Colombian officials to pass new, ridiculously draconian copyright laws ahead of that visit. So that’s exactly what the Colombian government did — using an “emergency procedure” to rush through a bad bill that is quite extreme.

Earlier this year, Colombia tried to pass basically the same bill, which was called LesLleras, after Interior Minister German Vargas Lleras (who proposed it). That bill was so extreme that it resulted in SOPA-like protests, following significant concerns raised by the public as well as copyright and free speech experts. So, this time around, the government just claimed it was an emergency and rushed the bill through, despite all of its problems. They seemed to think that the public wouldn’t notice — but they’re wrong.

As is typical of idiotic trade agreements pushed via the USTR — who only seems to listen to Hollywood on these issues — the copyright bill includes all sorts of draconian enforcement techniques and expansions of existing copyright law, and removal of free speech rights. But what it does not include are any exceptions to copyright law — the very important tools that even the US Supreme Court admits are the “safety valves” that stop copyright law from being abusive, oppressive and contrary to freedom of speech

April 8, 2012

Sexual humiliation as a tool of political control

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:15

Writing in the Guardian, Naomi Wolf discusses the ways the US government has incorporated sexual humiliation into their toolkit for dealing with both prisoners and innocent people:

In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the “trespass bill”, which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. These criminalizations of being human follow, of course, the mini-uprising of the Occupy movement.

Is American strip-searching benign? The man who had brought the initial suit, Albert Florence, described having been told to “turn around. Squat and cough. Spread your cheeks.” He said he felt humiliated: “It made me feel like less of a man.”

[. . .]

Believe me: you don’t want the state having the power to strip your clothes off. History shows that the use of forced nudity by a state that is descending into fascism is powerfully effective in controlling and subduing populations.

The political use of forced nudity by anti-democratic regimes is long established. Forcing people to undress is the first step in breaking down their sense of individuality and dignity and reinforcing their powerlessness. Enslaved women were sold naked on the blocks in the American south, and adolescent male slaves served young white ladies at table in the south, while they themselves were naked: their invisible humiliation was a trope for their emasculation. Jewish prisoners herded into concentration camps were stripped of clothing and photographed naked, as iconic images of that Holocaust reiterated.

[. . .]

The most terrifying phrase of all in the decision is justice Kennedy’s striking use of the term “detainees” for “United States citizens under arrest”. Some members of Occupy who were arrested in Los Angeles also reported having been referred to by police as such. Justice Kennedy’s new use of what looks like a deliberate activation of that phrase is illuminating.

Ten years of association have given “detainee” the synonymous meaning in America as those to whom no rights apply — especially in prison. It has been long in use in America, habituating us to link it with a condition in which random Muslims far away may be stripped by the American state of any rights. Now the term — with its associations of “those to whom anything may be done” — is being deployed systematically in the direction of … any old American citizen.

April 7, 2012

Arizona’s internet-trolls-go-to-jail bill

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , , — Nicholas @ 11:21

Interestingly, aside from the occasional mention of the Arizona Cardinals, almost every post I’ve marked with the Arizona tag over the last three years is about stupid laws or bills that infringe constitutional rights. What up, Arizona?

April 3, 2012

Popehat tells Arizona “Come Get Me, Coppers!”

Arizona has a law on the books that should replace the old chestnut about King Canute and the tide: they’ve criminalized annoying and offending people on the internet:

Dear Members of the Arizona State Legislature,

By this post, it is my specific intent to use this digital device — a computer — to annoy and offend you.

I do so because you have passed Arizona H.B. 2549, which provides in relevant part as follows:

    It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

OK. I certainly don’t intend to convey any physical threat. And I can’t terrify or intimidate you, even with the prospect of revealing you for a pack of morons who ought to be voted out of office — after all, you’re in Arizona, where prolonged lawlessness, venality and idiocy seem to be sure paths to electoral victory.

I certainly do mean to annoy and offend you, though. You’ve been swept up in the moronic and thoughtless anti-bullying craze and consequently passed a bill that is ridiculous on its face, a bill that criminalizes annoying and offending people on the internet. That’s like criminalizing driving on the road. By so clearly violating the First Amendment, you’ve violated your oaths of office. You should be ashamed of yourselves. What kind of example are you setting for the children of Arizona by ignoring the law to pass fashionable rubbish? It is no excuse that you are merely modifying an archaic law to apply it to the internet — you’re still enacting patently unconstitutional legislation.

That’s Ken at Popehat, inviting the Arizona state legislature to “snort my taint, go to Hell, and go fuck yourselves”.

Eliminating inter-provincial barriers to trade

Filed under: Cancon, Economics, Law, Liberty, Wine — Tags: , , , , — Nicholas @ 10:43

Confederation in 1867 was supposed to create a single nation out of a group of separate British colonies in North America. In spite of that, in some areas, individual provinces treat one another as foreign entities for trading purposes. Alcohol, for example, is one product that gets special treatment for inter-provincial sales — almost always to interfere with or even prevent the purchase of alcohol in one province for consumption in another. 680News reports on the latest effort to harmonize the rules regarding alcohol sales across provincial borders:

Free my grapes will be the rallying cry on Parliament Hill on Tuesday as a committee hears from supporters of a private member’s bill seeking to erase a 1928 rule that restricts individuals from bringing wine across provincial borders.

Shirley-Ann George ran into that problem when she was visiting B.C. and then tried to join a wine club through a vineyard there, only to be told the vineyard couldn’t ship to her home in Ontario.

She decided to start up the Alliance of Canadian Wine Consumers to try to change it.

“You’ve got to be kidding,” is the most common refrain from people first learning about the rule, George said.

“Most Canadians don’t even know it is illegal. They think it’s silly, archaic and it’s time that the government started to think in the 21st century.”

Of course, the provinces are not keen to allow individuals to buy wine directly — that might threaten their respective monopolies (and the juicy profits they derive from being “the only game in town”). One of their current arguments against the bill is that it will somehow give Canadian wines an unfair advantage and that could cause issues with our international trade partners. I’m not sure how it benefits Canadian wineries to be shut out of selling to Canadian wine drinkers in other provinces, but I’m sure that they have some cockamamie statistical “proof” that they’ll trot out to bolster their argument.

A “routine” traffic stop in Collinsville, Illinois

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 08:17

Radley Balko tells the full story of a traffic stop in Illinois that demonstrates how eager some police departments are to use “asset forfeiture” to get their hands on the property of innocent people:

Last December, filmmaker Terrance Huff and his friend Jon Seaton were returning to Ohio after attending a “Star Trek” convention in St. Louis. As they passed through a small town in Illinois, a police officer, Michael Reichert, pulled Huff’s red PT Cruiser over to the side of the road, allegedly for an unsafe lane change. Over the next hour, Reichert interrogated the two men, employing a variety of police tactics civil rights attorneys say were aimed at tricking them into giving up their Fourth Amendment rights. Reichert conducted a sweep of Huff’s car with a K-9 dog, then searched Huff’s car by hand. Ultimately, he sent Huff and Seaton on their way with a warning.

Earlier this month, Huff posted to YouTube audio and video footage of the stop taken from Reichert’s dashboard camera. No shots were fired in the incident. No one was beaten, arrested or even handcuffed. Reichert found no measurable amount of contraband in Huff’s car. But Huff’s 17-and-a-half minute video raises important questions about law enforcement and the criminal justice system, including the Fourth and Fifth Amendments, the drug war, profiling and why it’s so difficult to take problematic cops out of the police force.

[. . .]

“When we saw the Huff video in our office, we just laughed,” Rekowski says. “Not because it wasn’t outrageous. But because it’s the kind of thing we see all the time. The stop for a so-called ‘inappropriate lane change,’ the games they play in the questioning, the claims about nervousness or inappropriate behavior that can’t really be contradicted. It’s all routine.”

According to Koester, the defense attorney in private practice, “The dog alert that happens off-camera isn’t unusual either. You see that all the time.”

Koester and Rekowski say the Huff stop has all the markings of a forfeiture fishing expedition. “You see where he asks if [Huff] is carrying large amounts of U.S. currency,” Rekowski says. “It’s pretty clear what they’re after. These kinds of cases put my kids through college.” He laughs, then adds, “I’m only half joking.”

H/T again to Jon, my former virtual landlord.

April 1, 2012

“Off the Somali coast, everyone is looking for a big payday”

Filed under: Africa, Law, Military — Tags: , , , , , — Nicholas @ 11:54

Strategy Page on recent developments in the anti-piracy campaign off the Somali coast:

To get around laws, in many ports, forbidding weapons aboard merchant ships, security companies operating off the Somali coast have equipped small ships to serve as floating arsenals. The security guards boards, in port, the merchant ships they are guarding, then meet up with the gun ship in international waters so the guards can get their weapons and ammo. The process is reversed when the merchant ships approach their destinations or leave pirate infested waters (and put the armed guards off onto the gun ship.) Maritime lawyers fret that there are no proper laws to regulate these floating armories, or that if there are applicable laws, everyone is not following them. It’s also feared that some enterprising lawyers will seek to represent the families of pirates shot by these armed guards. Off the Somali coast, everyone is looking for a big payday.

In the last three years, more and more merchant ships, despite the high expense, have hired armed guards when travelling near the “Pirate Coast” of Somalia. It began when France put detachments of troops on tuna boats operating in the Indian Ocean, and Belgium then supplied detachments of soldiers for Belgium ships that must move near the Somali coast. These armed guards are not cheap, with detachments costing up to $200,000 a week. There are now over a dozen private security companies offering such services. What makes the armed guards so attractive is the fact that no ship carrying them has ever been captured by pirates. That may eventually change, but for the moment, the pirates avoid ships carrying armed guards and seek less well-defended prey.

March 31, 2012

Nick Gillespie on the “bully” crisis that isn’t

Filed under: Education, Law, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:35

There’s an ongoing major media story about bullies, but Nick Gillespie says the crisis doesn’t really exist:

“When I was younger,” a remarkably self-assured, soft-spoken 15-year-old kid named Aaron tells the camera, “I suffered from bullying because of my lips—as you can see, they’re kind of unusually large. So I would kind of get [called] ‘Fish Lips’—things like that a lot—and my glasses too, I got those at an early age. That contributed. And the fact that my last name is Cheese didn’t really help with the matter either. I would get [called] ‘Cheeseburger,’ ‘Cheese Guy’—things like that, that weren’t really very flattering. Just kind of making fun of my name—I’m a pretty sensitive kid, so I would have to fight back the tears when I was being called names.”

It’s hard not to be impressed with — and not to like — young Aaron Cheese. He is one of the kids featured in the new Cartoon Network special “Stop Bullying: Speak Up,” which premiered last week and is available online. I myself am a former geekish, bespectacled child whose lips were a bit too full, and my first name (as other kids quickly discovered) rhymes with two of the most-popular slang terms for male genitalia, so I also identified with Mr. Cheese. My younger years were filled with precisely the sort of schoolyard taunts that he recounts; they led ultimately to at least one fistfight and a lot of sour moods on my part.

Ah, yes, the joy of classmates discovering that “Nick” is such a useful name for casual abuse. It was part of the reason I’ve insisted on using “Nicholas” ever since I got into the working world. Bullies were certainly part of my early school experience, and that of my own son. Rather like the changing of the seasons, they were just part of the school environment. I got into a few fights, but quickly learned that most other boys had a weight and reach advantage over me that resulted in a fairly quick end to each fight. The bullying tapered off in high school, but I tried to minimize the opportunities for it to happen, too. I have very few remaining friends from school — but that’s partly a reflection of the fact that I had relatively few friends in school.

Part of the perceived problem with bullies is that parents are much more involved in their kids’ lives than earlier generations:

How did we get here? We live in an age of helicopter parents so pushy and overbearing that Colorado Springs banned its annual Easter-egg hunt on account of adults jumping the starter’s gun and scooping up treat-filled plastic eggs on behalf of their winsome kids. The Department of Education in New York City — once known as the town too tough for Al Capone — is seeking to ban such words as “dinosaurs,” “Halloween” and “dancing” from citywide tests on the grounds that they could “evoke unpleasant emotions in the students,” it was reported this week. (Leave aside for the moment that perhaps the whole point of tests is to “evoke unpleasant emotions.”)

Politicians, always eager to be seen to be “doing something”, are lining up to “do something” about bullying:

Last year, in response to the suicide of the 18-year-old gay Rutgers student Tyler Clementi, the state legislature passed “The Anti-Bullying Bill of Rights.” The law is widely regarded as the nation’s toughest on these matters. It has been called both a “resounding success” by Steve Goldstein, head of the gay-rights group Garden State Equality, and a “bureaucratic nightmare” by James O’Neill, the interim school superintendent of the township of Roxbury. In Congress, New Jersey Sen. Frank Lautenberg and Rep. Rush Holt have introduced the federal Tyler Clementi Higher Education Anti-Harassment Act.

The Foundation for Individual Rights in Education has called the Lautenberg-Holt proposal a threat to free speech because its “definition of harassment is vague, subjective and at odds with Supreme Court precedent.” Should it become law, it might well empower colleges to stop some instances of bullying, but it would also cause many of them to be sued for repressing speech. In New Jersey, a school anti-bullying coordinator told the Star-Ledger that “The Anti-Bullying Bill of Rights” has “added a layer of paperwork that actually inhibits us” in dealing with problems. In surveying the effects of the law, the Star-Ledger reports that while it is “widely used and has helped some kids,” it has imposed costs of up to $80,000 per school district for training alone and uses about 200 hours per month of staff time in each district, with some educators saying that the additional effort is taking staff “away from things such as substance-abuse prevention and college and career counseling.”

Bullying is a problem, but it’s neither new nor growing:

But is bullying — which the stopbullying.gov website of the Department of Health and Human Services defines as “teasing,” “name-calling,” “taunting,” “leaving someone out on purpose,” “telling other children not to be friends with someone,” “spreading rumors about someone,” “hitting/kicking/pinching,” “spitting” and “making mean or rude hand gestures” — really a growing problem in America?

Despite the rare and tragic cases that rightly command our attention and outrage, the data show that things are, in fact, getting better for kids. When it comes to school violence, the numbers are particularly encouraging. According to the National Center for Education Statistics, between 1995 and 2009, the percentage of students who reported “being afraid of attack or harm at school” declined to 4% from 12%. Over the same period, the victimization rate per 1,000 students declined fivefold.

« Newer PostsOlder Posts »

Powered by WordPress