Quotulatiousness

April 21, 2013

Gary Johnson on legalizing marijuana

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:03

Former New Mexico governor and Libertarian presidential candidate Gary Johnson explains why he bucked conventional wisdom and became the first serving governor to call for the legalization of marijuana:

In 1999, as the Republican Governor of New Mexico, I made some waves by becoming the highest ranking elected official in the nation to call for the legalization of marijuana use and to publicly state the obvious: The War on Drugs is an “expensive bust.”

At that time, advocating the legalization of marijuana was considered an outrageous — and ill-advised — position to take. Polls clearly showed the public wasn’t yet ready to accept marijuana legalization, and there was absolutely no conventional political wisdom to support my decision.

So, why did I jump off that political cliff? The answer is simpler than you might think, and it applies even more today than it did more than 20 years ago. As I tried to do with virtually every policy issue the State of New Mexico faced, I looked at our drug laws through the lens of costs versus benefits. And the picture became very clear very quickly.

From the policeman on the street to the courts, prosecutors, and prisons, our legal system was overwhelmed by the task of enforcing a modern-day Prohibition that frankly made no more sense than the one that was repealed almost 80 years ago. Were we safer? Was drug abuse being reduced? Were we benefiting in any measurable way from laws that criminalize personal choices that are certainly no more harmful to society than alcohol use? The answer to all those questions was a pretty resounding “NO.”

March 29, 2013

Demonizing smokers hasn’t forced them to quit … let’s start sending them to psychiatric care instead

Filed under: Britain, Health, Media — Tags: , , , , , — Nicholas @ 09:53

When the all the persuasion, “nudging”, shaming, harassment, and legal shenanigans haven’t worked, try taking a leaf out of the old Soviet Union playbook for dealing with dissidents:

Smoking may be a sign of psychiatric illness, experts say. Doctors should routinely consider referring people who smoke to mental health services, in case they need treatment, they add.

The controversial recommendation from the British Lung Foundation, a charity, comes in response to a major report, Smoking and Mental Health, published this week by the Royal College of Physicians and the Royal College of Psychiatrists with the Faculty of Public Health. It says that almost one in three cigarettes smoked in Britain today is smoked by someone with a mental disorder. When people with drug and alcohol problems are included the proportion is even higher.

The reason is that smoking rates have more than halved over the past 50 years, but the decline has not happened equally in all parts of society.

“Smoking is increasingly becoming the domain of the most disadvantaged: the poor, homeless, imprisoned and those with mental disorder. This is a damning indictment of UK public health policy and clinical service provision,” the report says.

March 6, 2013

ACLU to investigate the militarization of US police forces

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 12:00

At the Huffington Post, Radley Balko reports on a new ACLU campaign:

The militarization of America’s police forces has been going on for about a generation now. Former Los Angeles Police Chief Daryl Gates first conceived the idea of the SWAT team in the late 1960s, in response to the Watts riots and a few mass shooting incidents for which he thought the police were unprepared. Gates wanted an elite team of specialized cops similar to groups like the Army Rangers or Navy SEALs that could respond to riots, barricades, shootouts, or hostage-takings with more skill and precision than everyday patrol officers.

The concept caught on, particularly after a couple of high-profile, televised confrontations between Gates’ SWAT team and a Black Panther holdout in 1969, and then with the Symbionese Liberation Army in 1973. Given the rioting, protests, and general social unrest of the time, Gates’ idea quickly grew popular in law enforcement circles, particularly in cities worried about rioting and domestic terrorism.

[. . .]

Kraska estimates that total number of SWAT raids in America jumped from just a few hundred per year in the 1970s, to a few thousand by the early 1980s, to around 50,000 by the mid-2000s.

The vast majority of those raids are to serve warrants on people suspected of nonviolent drug crimes. Police forces were no longer reserving SWAT teams and paramilitary tactics for events that presented an immediate threat to the public. They were now using them mostly as an investigative tool in drug cases, creating violent confrontations with people suspected of nonviolent, consensual crimes.

March 5, 2013

Coming soon: the Police-Industrial Complex

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 00:01

Radley Balko interviewed by Vice:

How did 9/11 alter the domestic relationship between the military and police?

It really just accelerated a process that had already been in motion for 20 years. The main effect of 9/11 on domestic policing is the DHS grant program, which writes huge checks to local police departments across the country to purchase machine guns, helicopters, tanks, and armored personnel carriers. The Pentagon had already been giving away the same weapons and equipment for about a decade, but the DHS grants make that program look tiny.

But probably of more concern is the ancillary effect of those grants. DHS grants are lucrative enough that many defense contractors are now turning their attention to police agencies — and some companies have sprung up solely to sell military-grade weaponry to police agencies who get those grants. That means we’re now building a new industry whose sole function is to militarize domestic police departments. Which means it won’t be long before we see pro-militarization lobbying and pressure groups with lots of (taxpayer) money to spend to fight reform. That’s a corner it will be difficult to un-turn. We’re probably there already. Say hello to the police-industrial complex.

Is police reform a battle that will have to be won legally? From the outside looking in, much of this seems to violate The Posse Comitatus Act of 1878. Are there other ways to change these policies? Can you envision a blueprint?

It won’t be won legally. The Supreme Court has been gutting the Fourth Amendment in the name of the drug war since the early 1980s, and I don’t think there’s any reason to think the current Court will change any of that. The Posse Comitatus Act is often misunderstood. Technically, it only prohibits federal marshals (and, arguably, local sheriffs and police chiefs) from enlisting active-duty soldiers for domestic law enforcement. The president or Congress could still pass a law or executive order tomorrow ordering U.S. troops to, say, begin enforcing the drug laws, and it wouldn’t violate the Constitution or the Posse Comitatus Act. The only barrier would be selling the idea to the public.

February 22, 2013

Andrew Coyne: Liberals still trying to avoid serious reforms

Filed under: Cancon, Media, Politics — Tags: , , , , , — Nicholas @ 00:01

Andrew Coyne tries to explain why the Liberal Party of Canada increasingly looks like it will embrace Justin Trudeau as its new saviour leader.

Perhaps it was an impossible thing to expect. Perhaps it was even unfair. To demand that the Liberal Party of Canada, after a century and more as the party of power, should reinvent itself as a party of ideas; that it should, after a string of ever-worse election results culminating in the worst thumping in its history, ask itself some searching questions, including whether Canada still needed a Liberal Party, and if so on what basis — perhaps it was all too much to ask.

Because, on the evidence, the party isn’t capable of it. Or perhaps it simply doesn’t want to. Either it does not believe such a process is necessary. Or it does, but can’t bear it. Whatever may be the case, nearly two years after that catastrophic election, the party shows no interest in reinventing itself, still less in any healthy existential introspection. The policy conference that was to be the occasion for this came and went; the months that followed were similarly void.

[. . .]

Because the party seems determined to give itself to Justin Trudeau, come what may. Now, it is true that Trudeau has himself offered up a policy morsel or two. He favours liberalizing the drug laws and accepting takeovers by foreign state-owned enterprises in the oil sands. He opposes tightening Quebec’s language laws and boutique corporate tax credits. He was for the long-gun registry, but is against bringing it back.

But beyond that? He has his father’s views on the Quebec question, without doubt. But the only broad statement of his economic policy we have is his unswerving devotion to “the middle class.” And while the same criticism could be made of the other candidates — a grab bag of positions does not add up to a philosophy, still less a raison d’etre for the party — only Trudeau has made a virtue of his opacity. To take more forthright positions now, he argues, would prejudge the sorts of grassroots consultations he intends to hold — after he is leader.

February 19, 2013

US Supreme Court okays search warrants issued by dogs

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 15:14

A glum day for civil liberties:

Today the U.S. Supreme Court unanimously ruled that “a court can presume” an alert by a drug-sniffing dog provides probable cause for a search “if a bona fide organization has certified a dog after testing his reliability in a controlled setting” or “if the dog has recently and successfully completed a training program that evaluated his proficiency in locating drugs.” The justices overturned a 2011 decision in which the Florida Supreme Court said police must do more than assert that a dog has been properly trained. They deemed that court’s evidentiary requirements too “rigid” for the “totality of the circumstances” test used to determine when a search is constitutional. In particular, the Court said it was not appropriate to demand evidence of a dog’s performance in the field, as opposed to its performance on tests by police. While the Court’s decision in Florida v. Harris leaves open the possibility that defense attorneys can contest the adequacy of a dog’s training or testing and present evidence that the animal is prone to false alerts, this ruling will encourage judges to accept self-interested proclamations about a canine’s capabilities, reinforcing the use of dogs to transform hunches into probable cause.

Writing for the Court, Justice Elena Kagan accepts several myths that allow drug dogs to function as “search warrants on leashes” even though their error rates are far higher than commonly believed

February 11, 2013

Police dogs as “probable cause on a leash”

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:19

Jacob Sullum on how credulous courts have granted police dogs the power to circumvent Americans’ right to be free from intrusive search and seizure by police officers on fishing expeditions:

The deputy and another officer who arrived during the stop nevertheless went through Burns’ truck for half an hour or so, reaching up into the boat, perusing his cargo, looking under the seats and the hood, examining the gas tank and the undercarriage. They found no trace of drugs, although they did come across the loaded pistol that Burns mentioned to them once it was clear they planned to search the truck.

“They were cool with the gun,” Burns says. “If it had been California, God knows what would have happened.” He was so relieved that he barely minded the delay and inconvenience, which stretched a brief traffic stop into more than an hour. “I’m not a lawyer, and I’m not a super-libertarian,” Burns says. “Once I realized that the pistol was not going to be an issue, man, they could have spent all day going over that car and under that car. My only concern was that one of the guys might have slipped something in to cover up for the fact that they didn’t find anything.”

That’s one way of looking at it. But even if you are neither a lawyer nor a super-libertarian, you might wonder 1) how often this sort of thing happens, 2) how it came to be that police can get permission from a dog to rifle an innocent man’s belongings, and 3) whether that state of affairs is consistent with the Fourth Amendment’s guarantee against “unreasonable searches and seizures.” The answers, in brief, are 1) fruitless searches based on dog alerts happen a lot more often than commonly believed, 2) dogs acquired this authority with the blessing of credulous courts mesmerized by their superhuman olfactory talents, and 3) this dog license is hard to square with the Fourth Amendment, unless it is reasonable to trust every officer’s unsubstantiated claim about how an animal of undetermined reliability reacted to a person, a suitcase, a car, or a house.

All of these issues come together in two cases the U.S. Supreme Court heard a few weeks after Bob Burns was pulled over. Florida v. Harris raises the question of how a judge knows that a dog’s alert is reliable enough to justify a search. Florida v. Jardines asks whether police need a warrant to use a drug-sniffing dog at the doorstep of a home. These cases, which will be decided by this summer, give the Supreme Court an opportunity to reconsider its heretofore unshaken faith in dogs, or at least limit the damage caused by the amazing canine ability to transform hunches into probable cause.

January 29, 2013

NYC’s petty bureaucrats and the evolution of modern jazz

Filed under: Bureaucracy, Law, Media — Tags: , , , , , , — Nicholas @ 11:09

From the latest issue of Reason, Chris Kjorness outlines some of the pitfalls New York City thoughtfully put in the way of some of the greatest performers of Jazz:

For more than two decades musicians, comedians, and anyone else employed by a Gotham nightclub would be fingerprinted, photographed, and interviewed by police in exchange for a license to work. The card had to be renewed every two years, and it could be revoked at the whim of the police. The story of the cabaret card illustrates how small men with a little bit of power can inhibit creative expression, stifle artistic growth, and humiliate individual citizens, all in the name of the “public good.”

The cabaret card had its origins in the roaring ’20s. Prohibition made outlaws out of ordinary Americans, and the allure of booze, jazz, and debauchery brought the upper and lower classes together in clandestine after-hours spots. It was the height of the Harlem Renaissance, and white New Yorkers frequently made the trip uptown, looking for adventure and an escape from the tight moral constraints of downtown society.

[. . .]

More than just a barrier to work, the cabaret card for beboppers was an impediment to self-expression and artistic fulfillment. While originating in nightclubs, bebop represented something much more than bar music. The color line had not been broken in American symphony orchestras, so for a young black musician at a prestigious music conservatory — Miles Davis at Julliard, for example — sharing a cramped stage in a 52nd Street nightclub with someone like Charlie Parker was the highest realization of artistic ambition. But before he could do so, a musician would have to be judged not just by lauded masters and discerning aficionados but by the police.

Cops distrusted beboppers for three main reasons: The new breed of jazzmen were anti-establishment, they were confrontational in matters of race, and they had a fondness for heroin. The police had an unlikely ally in their crusade against the upstarts: older establishment jazz musicians who had their own reasons to dislike the beboppers.

In a 1951 Ebony article, Cab Calloway, a king of the 1930s jazz world, decried the widespread drug use in the current jazz scene. Though Calloway didn’t single anyone out by name, the magazine illustrated his essay with photos of bebop musicians, and the publication coincided with an upswing in police enforcement. One musician snared in this crackdown was Charlie Parker.

January 19, 2013

Failing to charm

Filed under: Media, Sports — Tags: , , , , — Nicholas @ 10:33

Is the real reason Lance Armstrong’s televised confessions failed to “redeem” him in the public eye just a lack of charm?

But by the standards we have come to expect in these things it was relatively candid, blessedly free of self-pity. He’d told a lot of lies. Now he was telling the truth. Yet if he was expecting this confession to stanch the flow of vitriol, it appeared to have the opposite effect.

Because if there is one thing we expect of professional cyclists, it is that they will compete fairly and stay clear of drugs. And if there is one thing we expect, no demand of our public figures, it is that they will tell the truth.

Oh really. Listening to all this high dudgeon, I was carried back to last September’s Democratic convention, and the rapturous reception given to Bill Clinton, the former president and noted perjurist in the matter of Jones v Clinton.

That may have been the most famous of his lies, but it was hardly the first. Clinton was well known as a liar — an “unusually good” one, according to Bob Kerrey, the former senator — long before he ever reached the White House. As early as 1992, the question posed by his candidacy, as defined by Michael Kinsley, was not is he a liar, “but is he too much of a liar?” By the end the lies and abuses of power had piled up so high that Christopher Hitchens was forced to title his scathing account of the Clinton presidency No One Left To Lie To.

[. . .]

So let us drop the pretense that we’re all so scandalized by Armstrong because he lied. Granted, he lied about cycling, rather than mere financial dealings or affairs of state. But the reason he is in such obloquy, and Clinton and Mulroney are not, is not because his lies were worse, but because he’s not as good at it: because he is not as charming — shall we say manipulative? — as they. Frankly, when it comes to conning the public, he is not in their league.

Anyone can pull a con like Armstrong’s. You just lie and keep on lying until someone catches you. It takes a master to keep the con going even after you’ve been caught.

January 18, 2013

Obsessing over drugs will damage sports much more than Lance Armstrong could

Filed under: France, Media, Sports — Tags: , , , — Nicholas @ 09:41

At sp!ked, Tim Black reviews Seven Deadly Sins: My Pursuit of Lance Armstrong, by David Walsh:

And so, in the aftermath of his Oprah-atic confession, bound to neither sate the critics nor elate the devout, the infernal humiliation of one-time cyclist Lance Armstrong continues.

The kicking and pelting began in earnest in August last year, when the US Anti-Doping Agency (USADA) stripped Armstrong of his seven Tour de France titles following his failure to challenge their numerous doping charges. The USADA then followed that up in October with a voluminous, damning report, complete with gruesome testimonies from Armstrong’s one-time confidantes and teammates. By this point, even the International Cycling Union (UCI), which had long sided with Armstrong, had given up the defence to join in the lynching. ‘Lance Armstrong has no place in cycling’, exclaimed UCI president Pat McQuaid. ‘Lance Armstrong deserves to be forgotten in cycling.’

As sporting officialdom condemned, large swathes of the media spat. Gossipy stories of Armstrong’s bullying, his lying, his alleged sociopathology were published without nuance; op-eds assassinating Armstrong’s character, inflating his wrongs to Biblical proportions, were rushed off without perspective. On a man once lionised by millions, whose fame had for years been wrapped yellow around the wrists of those who admired him, open season had been declared. All the hunt lacked was a sighting of the quarry himself. And then this week, that finally happened — in the interview with Oprah Winfrey. Caught and unavoidably contrite, Armstrong acted out the role of the doping sportsman. Yes, he was saying, I am everything that the Dopefinder Generals say I am: I am that witch.

December 6, 2012

“Yeah, uhhh … I don’t think driving around with 20 pounds of drugs in my car is really a good idea”

Filed under: Law, USA — Tags: , , — Nicholas @ 12:23

What do you do when you find $175,000-worth of drugs stashed on your property?

I am standing chest-deep in a dank, muddy concrete-lined hole in Silver Lake, staring eye-level into a duffel bag full of high-grade drugs.

It smells strongly of marijuana — despite the fact that someone sealed it tightly into jars, Ziplocs and professionally vacuum-sealed pouches before THEY HID IT IN MY BACK YARD.

I am starting to panic.

I already did the full Tex-Avery-wolf AOOOOGAH! upon discovering the mammoth sackful of dope — estimated to be worth somewhere north of $175,000. My jaw already dropped. My eyes already bugged out. Now my heart is thumping my gullet. Breathing is getting iffy.

I try to speak. I think my exact words to the solar-panel technician standing equally open-mouthed next to me are something to the effect of “Holy. Fucking. SHIT!”

H/T to Matt Welch:

November 17, 2012

Reason.tv: Lance Armstrong Cheated to Win. Is that Wrong?

Filed under: Health, Media, Science, Sports — Tags: — Nicholas @ 12:35

After months of bad press, the greatest competitive cyclist of all time has officially hit rock bottom: The Lance Armstrong Foundation has dropped the name of its eponymous creator and will now be known as the Livestrong Foundation.

Rest easy, Lance, it can’t get much — or is that any? — worse.

He may be a sanctimonious jerk whose doping denials are less convincing than a Lindsay Lohan rehab stint, but should he be pilloried for doing what all top cyclists — and increasingly, all of us — are doing: pursuing better living through chemistry?

Reason TV correspondent Kennedy defends performance-enhancing drugs from steroids to Viagra to that special memory pill we can’t remember the name of…

November 16, 2012

Waiting for the Feds to respond to legal marijuana in Colorado and Washington

Filed under: Government, Law, USA — Tags: , , , , , — Nicholas @ 09:38

Phillip Smith examines the changed situation in Colorado and Washington in the wake of the marijuana legalization votes and what the federal government may do:

While the legal possession — and in the case of Colorado, cultivation — provisions of the respective initiatives will go into effect in a matter of weeks (December 6 in Washington and no later than January 5 in Colorado), officials in both states have about a year to come up with regulations for commercial cultivation, processing, and distribution. That means the federal government also has some time to craft its response, and it sounds like it’s going to need it.

So far, the federal response has been muted. The White House has not commented, the Office of National Drug Control Policy has not commented, and the Department of Justice has limited its comments to observing that it will continue to enforce the federal Controlled Substances Act.

“My understanding is that Justice was completely taken aback by this and by the wide margin of passage,” said Eric Sterling, former counsel to the House Judiciary Committee and currently the executive director of the Criminal Justice Policy Foundation. “They believed this would be a repeat of 2010, and they are really kind of astonished because they understand that this is a big thing politically and a complicated problem legally. People are writing memos, thinking about the relationship between federal and state law, doctrines of preemption, and what might be permitted under the UN Single Convention on Narcotic Drugs.”

What is clear is that marijuana remains illegal under federal law. In theory an army of DEA agents could swoop down on every joint-smoker in Washington or pot-grower in Colorado and haul them off to federal court and thence to federal prison. But that would require either a huge shift in Justice Department resources or a huge increase in federal marijuana enforcement funding, or both, and neither seems likely. More likely is selective, exemplary enforcement aimed at commercial operations, said one former White House anti-drug official.

November 7, 2012

Reason.tv: The Wildly Unpopular Status Quo Is Ratified!

Filed under: Government, Liberty, USA — Tags: , , , , , , — Nicholas @ 09:41

“After four years of a crappy economy, bipartisan dissatisfaction with bailout economics, and populous revolts on the right and the left, we are seeing basically the exact same government we had on November 6th,” says Reason magazine Editor in Chief Matt Welch. “The status quo, which has never been less popular, has just been ratified.”

And yet, says Welch, big wins on marijuana legalization and gay marriage give limited government types a lot to be happy about.

Update: Jacob Sullum on the victories for both same-sex marriage and marijuana normalization:

Tonight was a good night for gay marriage as well as marijuana. Voters approved ballot measures legalizing same-sex marriage in three states by similar margins: 53 to 47 in Maine, 52 to 48 in Maryland and Washington. In Minnesota an initiative that would amend the state constitution to ban gay marriage is tied right now, with 75 percent of precincts reporting [was defeated 51-48].

This is the first time gay marriage has been legalized by popular vote. In the six other states where it is legal (Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont), the policy was enacted by the legislature or compelled by a court decision. By contrast, most of the state laws allowing medical use of marijuana — another one of which passed tonight in Massachusetts — have been enacted by voters. (Colorado and Washington both had such laws before broadening the policy to include recreational use.)

October 30, 2012

Pushing for “medical marijuana” makes full legalization less likely

Filed under: Health, Law, Liberty, USA — Tags: , , , , , , , — Nicholas @ 09:05

L. Neil Smith makes the point that supporters of medical marijuana may be missing:

What I do mind — and perhaps I am alone in this, who knows? — is weak and disingenuous politics with regard to drugs. It was the issue of “medical marijuana” that first got my goat this way. I don’t doubt for a microsecond that the weed makes life easier and longer for those suffering certain diseases, and I believe that those who would deny them that relief are little better than scavengers on the misery of others.

But observation — and my knowledge of history and human nature — suggests that the majority of those who advocate the legalization of pot “purely for medicinal purposes” do not require it for that reason. They simply want to slip the nose of their personal camel under the edge of the tent, and I find that approach sneaky, dishonest, and cowardly.

I believe that if they had spent the past fifty years pushing the Ninth Amendment right to roll up and smoke whatever frigging vegetable you wish, marijuana would be legal now, and there would not have been a “War On Drugs” handy for the psychopathetic enemies of liberty to transform into a War on Everything, including the American Productive Class.

I think we’ve seen the high point for medical marijuana. The proof of that lies in a current initiative to “Regulate Marijuana Like Alcohol”, on the ballot in my home state of Colorado this year. The title says it all, although the details could be gruesome, ending in a mess found in some states and all military bases, where the government runs the liquor stores (about as well as they run everything else). In the Air Force, when I was growing up, some officious snoops regularly examined the records of the store and your commanding officer would get a tattletale letter if they thought that you were buying too much booze.

Whatever that amounts to.

This is not a kind of progress any that real libertarian would recognize. The fact that advocates of the measure make a major selling point of taxing the stuff only makes it worse, both in principle and practice. First, by what right does anybody steal money from me when I choose to spend it on some things and not on others. Furthermore, when I was just entering college, a smoker could buy a pack of Marlboros out of a machine for 35 cents. Today, the price per pack is nudging five dollars, and only a small fraction of that is attributable to inflation.

Exactly the same thing will happen with marijuana.

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