Quotulatiousness

August 13, 2012

PQ promises to “strengthen” language laws in Quebec

Filed under: Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 14:31

It’s mind-blowing that a minority in Canada are legally oppressed by their provincial government, but in Quebec, it’s just language business as usual. The opposition Parti Quebecois, who brought in the language law in question, are promising to make it even more oppressive to non-French-speaking Quebecers:

It’s an easy political move for Marois. It will appeal to her separatist base and thoroughly annoy the anglophones … which will also appeal to the base. And given that the stated intention of her party is to go pick fights with Ottawa and drive a wedge between Quebec and the Rest of Canada, it’s a good plan. Language politics are always hot-button issues in Quebec, and Marois is pushing those buttons gleefully.

But it is interesting to note her position on the issue. Marois holds that the Liberals, under Premier Jean Charest, have not done enough to promote the French language in Quebec. From the perspective of the PQ, that’s almost certainly true. But Bill 101 is a creation of the Parti Quebecois. The provincial Liberals have certainly left it intact and haven’t dared to try and strengthen it, but fundamentally, Bill 101 is a PQ law. If it isn’t working, that’s not Premier Charest’s fault.

The bigger issue, of course, is that such a law already exists. Uninformed citizens in the Rest of Canada would be rightly horrified to learn that such a bizarre, anti-democratic law exists in their country at all. Bill 101′s intrusions into the private interactions of businesses and the decisions of individual families are justified as being necessary by Quebec nationalists to preserve the primacy of French in Quebec, but to anyone who is not a language warrior, seem more like a cross between a French tutor and a Orwellian nightmare.

Of course, tougher laws will still not accomplish the intended task: forcing everyone in Quebec to speak French at all times.

August 10, 2012

Drink some rainwater, go to jail

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 11:09

A 1925 law still applies in Oregon:

You just can’t make this stuff up. A man in Oregon is currently in jail serving a thirty day term – along with a $1500 fine – for collecting rainwater and snow melt on his own property for drinking and household use. You think I’m kidding? I’m not.

    Gary Harrington, the Oregon man convicted of collecting rainwater and snow runoff on his rural property surrendered Wednesday morning to begin serving his 30-day, jail sentence in Medford, Ore.

    “I’m sacrificing my liberty so we can stand up as a country and stand for our liberty,” Harrington told a small crowd of people gathered outside of the Jackson County (Ore.) Jail.

H/T to Jon, my former virtual landlord, who said “This is just a little weird […] But does the fact that I can see the point of the law — preventing people from messing with a watershed area, I guess — mean that I’ve consumed the nanny state kool-aid?”.

June 26, 2012

The “Draft Andrew Coyne” movement

Filed under: Cancon, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:49

I’ve met Andrew Coyne. We had a pleasant chat about political matters a few years ago (although I was one of dozens of Toronto-area bloggers he talked with that night: I doubt he remembers me). I often agree with his writings (and even when I don’t, he’s usually quotable). But how would he fare as a candidate for the Liberal leadership? Abacus ran the numbers:

Nationally, most Canadians told us they didn’t know enough about Mr. Coyne to say whether they had a favourable or unfavourable impression of him. Sixty-four percent were not sure of their opinion while 15% said they had a favourable impression while 21% had an unfavourable impression. Unfortunately for Mr. Coyne, the percentage of respondents who had “very unfavourable” was higher than those who had a “very favourable” impression of him (9% very unfavourable vs. 3% very favourable).

Nonetheless, there are “pockets” of Coynemania out there.

  • Men are slightly more likely to have a favourable impression of him than women (men 18% favourable, women 12% – women were also much more likely to be unsure).
  • There was no significant age difference although older Canadians (no surprisingly) were more likely to be aware of Mr. Coyne.
  • Regionally, he is more popular in Manitoba and Saskatchewan (25% favourable) than in other regions of the country. He is a tough sell in Quebec where his favourable rating is a mere 8%.
  • Considering his occupation and the audience likely to read and watch him, it is no surprise that respondents with a university degree were most aware and favourable to Mr. Coyne. 24% of those with a bachelor’s degree and 29% of those with a post-graduate degree had a favourable impression of the National Post columnist.
  • He is also more likely to be viewed favourably by those who live in urban communities (urban 18% favourable, suburban 13% favourable, rural 12% favourable).
  • Mr. Coyne is also viewed more favourable by those who own stocks, bonds, or mutual funds: 20% favourable vs. 10% among those who don’t own those kinds of investments.
  • Finally, there isn’t a significant partisan difference. Those who voted Liberal in 2011 are only slightly more likely to view him positively than NDP and CPC voters but the differences are marginal. He is a post-partisan candidate!

I don’t know if he’s actually interested in a political career, but he’d at least be a different kind of candidate than the Liberals have had in decades. I’ve never voted Liberal in my life, but I could imagine voting for a Liberal if Andrew Coyne was the Liberal leader. He appears to actually believe in smaller government and free markets — which is why he’d never be able to run as a Conservative. He’s on the record as being almost libertarian in his views on individual rights (especially on Nanny State issues) — which is why he couldn’t run as a New Democrat.

It’s not clear whether there are any members of today’s Liberal Party of Canada who could cope with a classical liberal as leader. But it would create a viable third choice in federal politics: that’s worth a lot in my books.

Update: There’s a Twitter hashtag for the movement: #coyne4lpc, and Jesse Helmer points out that there’s a Facebook group, too:

Update, the second: Apparently Andrew Coyne is getting into the swing of being a big-time politician, having already fired his first campaign manager:

June 14, 2012

The Commerce Clause: how it evolved to empower government control of everything

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

U.S. District Judge Roger Vinson ruled that because the Patient Protection and Affordable Care Act’s individual mandate to purchase health insurance is unconstitutional, the entire law “must be declared void.” Judge Vinson cites this Reason.tv video on page 47 of his decision.

June 7, 2012

“What’s next? Prosecutions before military tribunals in the U.S.?”

Filed under: Government, Liberty, Military, USA — Tags: , , , , — Nicholas @ 10:57

Judge Andrew Napolitano on the lack of outrage over the use of military drones within the borders of the United States (and, in all probability, Canada):

When drones take pictures of us on our private property and in our homes, and the government uses the photos as it wishes, what will we do about it? Jefferson understood that when the government assaults our privacy and dignity, it is the moral equivalent of violence against us. The folks who hear about this, who either laugh or groan, cannot find it humorous or boring that their every move will be monitored and photographed by the government.

Don’t believe me that this is coming? The photos that the drones will take may be retained and used or even distributed to others in the government so long as the “recipient is reasonably perceived to have a specific, lawful governmental function” in requiring them. And for the first time since the Civil War, the federal government will deploy military personnel inside the United States and publicly acknowledge that it is deploying them “to collect information about U.S. persons.”

It gets worse. If the military personnel see something of interest from a drone, they may apply to a military judge or “military commander” for permission to conduct a physical search of the private property that intrigues them. And, any “incidentally acquired information” can be retained or turned over to local law enforcement. What’s next? Prosecutions before military tribunals in the U.S.?

The quoted phrases above are extracted from a now-public 30-page memorandum issued by President Obama’s Secretary of the Air Force on April 23, 2012. The purpose of the memorandum is stated as “balancing…obtaining intelligence information…and protecting individual rights guaranteed by the U.S. Constitution…” Note the primacy of intelligence gathering over freedom protection, and note the peculiar use of the word “balancing.”

May 27, 2012

Ron Paul’s Ten Principles of a Free Society

Filed under: Liberty, Politics, USA — Tags: , , — Nicholas @ 11:03

From Ron Paul’s book Liberty Defined, posted at The Daily Paul:

  1. Rights belong to individuals, not groups; they derive from our nature and can neither be granted nor taken away by government.
  2. All peaceful, voluntary economic and social associations are permitted; consent is the basis of the social and economic order.
  3. Justly acquired property is privately owned by individuals and voluntary groups, and this ownership cannot be arbitrarily voided by governments.
  4. Government may not redistribute private wealth or grant special privileges to any individual or group.
  5. Individuals are responsible for their own actions; government cannot and should not protect us from ourselves.
  6. Government may not claim the monopoly over a people’s money and governments must never engage in official counterfeiting, even in the name of macroeconomic stability.
  7. Aggressive wars, even when called preventative, and even when they pertain only to trade relations, are forbidden.
  8. Jury nullification, that is, the right of jurors to judge the law as well as the facts, is a right of the people and the courtroom norm.
  9. All forms of involuntary servitude are prohibited, not only slavery but also conscription, forced association, and forced welfare distribution.
  10. Government must obey the law that it expects other people to obey and thereby must never use force to mold behavior, manipulate social outcomes, manage the economy, or tell other countries how to behave.

May 6, 2012

The free speech baby with the Citizens United bathwater

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:32

George Will on the rather impressive sweep of a new proposal to circumvent the US Supreme Court’s decision in Citizens United:

Now comes Rep. Jim McGovern, D-Mass., with a comparable contribution to another debate, the one concerning government regulation of political speech. Joined by Minority Leader Nancy Pelosi, 26 other Democrats and one Republican, he proposes a constitutional amendment to radically contract First Amendment protections. His purpose is to vastly expand government’s power — i.e., the power of incumbent legislators — to write laws regulating, rationing or even proscribing speech in elections that determine the composition of the legislature and the rest of the government. McGovern’s proposal vindicates those who say most campaign-finance “reforms” are incompatible with the First Amendment.

His “People’s Rights Amendment” declares that the Constitution protects only the rights of “natural persons,” not such persons organized in corporations, and that Congress can impose on corporations whatever restrictions Congress deems “reasonable.” His amendment says it shall not be construed “to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.” But the amendment is explicitly designed to deny such rights to natural persons who, exercising their First Amendment right to freedom of association, come together in corporate entities to speak in concert.

McGovern stresses that his amendment decrees that “all corporate entities — for-profit and nonprofit alike” have no constitutional rights. So Congress — and state legislatures and local governments — could regulate to the point of proscription political speech, or any other speech, by the Sierra Club, the National Rifle Association, NARAL Pro-Choice America, or any of the other tens of thousands of nonprofit corporate advocacy groups, including political parties and campaign committees.

Newspapers, magazines, broadcasting entities, online journalism operations — and most religious institutions — are corporate entities. McGovern’s amendment would strip them of all constitutional rights. By doing so, the amendment would empower the government to do much more than proscribe speech. Ilya Somin of George Mason University Law School, writing for the Volokh Conspiracy blog, notes that government, unleashed by McGovern’s amendment, could regulate religious practices at most houses of worship, conduct whatever searches it wants, reasonable or not, of corporate entities, and seize corporate-owned property for whatever it deems public uses — without paying compensation. Yes, McGovern’s scythe would mow down the Fourth and Fifth Amendments, as well as the First.

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.”

March 26, 2012

Court rules that prostitution is still legal in Canada, strikes down other parts of law

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 10:32

Yes, prostitution is still legal … but some of the worst restrictions hedging it around have been declared unconstitutional:

The Court of Appeal for Ontario has swept aside some of the country’s anti-prostitution laws saying they place unconstitutional restrictions on prostitutes’ ability to protect themselves.

The landmark decision means sex workers will be able to hire drivers, bodyguards and support staff and work indoors in organized brothels or “bawdy houses,” while “exploitation” by pimps remains illegal.

However, openly soliciting customers on the street remains prohibited with the judges deeming that “a reasonable limit on the right to freedom of expression.”

The province’s highest court suspended the immediate implementation of striking the bawdy house law for a year to allow the government an opportunity to amend the Criminal Code.

[. . .]

The appeal stems from the legal oddity that while prostitution was not illegal, many activities surrounding it were, including running a brothel or bawdy house, communicating for the purpose of prostitution and living on money earned by a prostitute.

That disconnect led to a constitutional challenge mounted by three sex trade workers who say the laws prevented them from taking basic safety precautions, such as hiring a bodyguard, working indoors or spending time assessing potential clients in public.

March 14, 2012

Michael Geist rounds up the changes to Bill C-11

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 11:58

It’s not wonderful, but as he points out, it could have been much worse:

In the days leading up to the clause-by-clause review, many focused on three key issues: no SOPA-style amendments such as website blocking or warrantless disclosure of information, maintaining the fair dealing balance found in the bill, and amending the digital lock provisions. By that standard, the changes could have been a lot worse. The government expanded the enabler provision, though not as broadly as CIMA requested. Virtually all other copyright lobby demands – website blocking, notice-and-takedown, iPod tax, copyright term extension, disclosure of subscriber information – were rejected. Moreover, the provisions supported by consumer and education groups including user generated content protection, time shifting, format shifting, backup copies, Internet provider liability, and statutory damages reform were left untouched. This represents a major victory for the many Canadians and groups such as Open Media that spoke out on these issues.

The fair dealing provision was similarly left unchanged despite a full court press from publishers and copyright collectives who sought elimination of the education category within fair dealing (didn’t happen), inclusion of the Berne three step test in the law (didn’t happen) or a new fair dealing test that overrules the Supreme Court of Canada CCH test (didn’t happen). The expanded fair dealing provision will not cause the horrors claimed by those groups and it is heartening that the government dismissed the misinformation campaign.

The only loss was the least surprising — digital locks. Despite widespread support for compromise legislation and sensible amendments from both the NDP and Liberals, the government rejected any changes. Given the government’s consistent support for digital locks, the ongoing pressure from the U.S., and Prime Minister Harper’s direct intervention on the issue in 2010, amending the digital lock rules presented a major challenge. Government MPs yesterday emphasized the possibility of future new exceptions via regulation but that will be cold comfort in the short term to those with perceptual disabilities, researchers, documentary film makers, consumers, and the many others adversely affected by the restrictive approach. In fact, one NDP MP raised the possibility of constitutional challenges to the bill.

March 5, 2012

The European Court of Human “Rights”

Filed under: Europe, Liberty — Tags: , , , , — Nicholas @ 10:41

Luke Samuel thinks it’s time for people to declare themselves to be “human rights sceptics“:

You don’t have to be a little Englander, or even right wing, to recognise that it is an affront to democracy that unelected and completely unaccountable judges, who have absolutely no democratic mandate, are able to override the decisions of elected representatives. It is appalling that European judges can make significant political decisions over a body of citizens across Europe to whom they will never have to answer.

But there is a more fundamental reason that liberals should be sceptical of human-rights law: because it makes us all less free. Human rights are not ‘rights’ in a liberal sense at all. They bear no resemblance to the ‘rights’ fought for by the radical liberals of the English Civil War, or the French and American revolutions, which sought to limit the power of the state and protect the autonomy of citizens. Instead, human rights treat people as fundamentally vulnerable and in need of state protection. This view of human vulnerability, in the eyes of the human-rights lobby, justifies the granting of absolute power to the state to set the boundaries of freedom.

Take, for example, the ‘right to a private and family life’ protected under Article 8 of the European Convention on Human Rights. The courts will not consider a claim under Article 8 unless it is convinced in the courtroom that you have a ‘family life’ worth protecting. How the courts have defined ‘family life’ for the purposes of Article 8 is laughably antiquated. In 2002, the courts ruled that ‘family life’ does not exist where a relationship between parents and their grown-up children is ‘only emotional’, in that the children are no longer economically dependent on their parents. Neither are unmarried parents likely to be considered a family, unless they maintain sufficient levels of contact with their children. How can any ‘liberal’ support the idea that your family life is only worthwhile if it conforms to what the state decides a family should look like?

Or take Article 10, which purports to protect our freedom of expression. Of course, the very concept of ‘freedom of expression’ owes its existence to radical liberals like John Stuart Mill and Voltaire, who argued that there can be no exceptions to free speech, otherwise you do not have free speech at all. But human-rights lawyers will tell you that Article 10, along with most other human rights, is a ‘qualified right’ because there is a long list of conditions under which the state can interfere with it. This list includes where it is necessary in the ‘interests of public safety’ or for the ‘protection of health or morals’. Such broad qualifications mean that as a means of limiting state power, ‘qualified’ human rights are all but useless.

February 29, 2012

“Taken together, the [Canadian] music industry demands make SOPA look like some minor tinkering with the law”

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:51

Michael Geist on the representatives of the Canadian music industry and their breathtaking demands for modifications to Bill C-11:

The steady procession of Canadian music industry representatives to the Bill C-11 committee continues today with the Canadian Independent Music Association (CIMA) ready to add to an already long list of industry demands to completely overhaul the bill. The music industry demands keep growing, but CIMA’s list is the most radical to date as it would create liability risk for social networking sites, search engines, blogging platforms, video sites, aggregators, and many other websites featuring third party contributions. If that were not enough, the industry is also calling for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an increase in statutory damage awards. Taken together, the music industry demands make SOPA look like some minor tinkering with the law.

Note that industry had already called for SOPA-style reforms such as website blocking and expanded liability that could extend to sites such as YouTube before the hearings began. This week has seen an industry lawyer inaccurately portray global approaches to digital lock rules and a musician association demand full statutory damages of up to $20,000 per infringement for non-commercial infringements by individuals.

Those demands are nothing compared to what CIMA has in mind, however. Topping the list is a massive expansion of the enabler provision. The music industry wants to remove a requirement that the so-called pirate sites be “designed primarily” to enable copyright infringement.

[. . .]

There is virtually no limit to prima facie liability under this provision as most sites can be said to enable some infringement, particularly if they allow for users to post or interact with the site. This includes sites like Google, Facebook, Reddit, and Youtube. All of these sites — indeed virtually any blogging platform, social network, search engine, or website that offers third party contributions — would face the risk of a prima facie claim under the music industry’s vision of the enabler provision.

February 26, 2012

The Freeman: An open letter to statists everywhere

Filed under: Economics, Government, Liberty, Politics, USA — Tags: , , — Nicholas @ 12:09

In a posting from twelve years ago, Lawrence W. Reed has some questions he’d like statists to answer:

You clever guys are always coming up with new schemes for government to do this or that, to address this issue or solve that problem, or fill some need somewhere. You get us limited-government people bogged down in the minutiae of how your proposed programs are likely to work (or not work), and while we’re doing the technical homework you seldom do, you demonize us as heartless number crunchers who don’t care about people.

Sometimes we all get so caught up in the particulars that we ignore the big picture. I propose that we step back for a moment. Put aside your endless list of things for government to do and focus on the whole package. I need some thoughtful answers to some questions that maybe, just maybe, you’ve never thought much about because you’ve been too wrapped up in the program du jour.

At the start of the 1900s, government at all levels in America claimed about 5 percent of personal income. A hundred years later, it takes more than 40 percent — up by a factor of eight. So my first questions to you are these: Why is this not enough? How much do you want? Fifty percent? Seventy percent? Do you want all of it? To what extent do you believe a person is entitled to what he (or she) has earned?

[. . .]

This raises a whole series of related questions about how you see the nature of government and what you’ve learned, if anything, from our collective experiences with it. I see the ideal government as America’s founders did — in Washington’s words, a “dangerous servant” employing legalized force for the purpose of preserving individual liberties. As such, it is charged with deterring violence and fraud and keeping itself small, limited, and efficient. How can you profess allegiance to peace and nonviolence and at the same time call for so much forcible redistribution?

February 16, 2012

Are you for Orwellian surveillance by government thugs or are you with the child pornographers?

Filed under: Cancon, Government, Liberty, Technology — Tags: , , , , , , , — Nicholas @ 10:23

Margaret Wente in the Globe & Mail:

Where do you stand on the new online surveillance bill? Are you with the government? Or are you with the child pornographers? According to Public Safety Minister Vic Toews, you have to choose.

In case you fail to get the point, the new legislation is being subtly marketed as the Protecting Children From Internet Predators Act. Of course, maybe you don’t really care about protecting children from Internet predators. Maybe you don’t care that without this law, filthy perverts will continue to roam free. Really, it’s your choice.

I am scarcely the first person to point out that Stephen Harper’s government likes to demonize its opponents, or that it has a nasty authoritarian streak. But in this case, the dissent is unusually widespread. Those with doubts about the bill include opposition politicians, civil libertarians, privacy commissioners and Internet experts — plus more than a few small-c conservatives who wonder why our government insists on whipping up unnecessary moral panic when it doesn’t have to.

[. . .]

So why do I stand with the child pornographers here? Because I’m not convinced the police need new powers to root out online child molesters. Judging by the recent highly publicized busts of child-porn rings, their existing powers seem to be working fine. Nor am I convinced that the police will never abuse their power. History shows they usually do. That’s why they need civilian oversight. That’s not liberal, in my view. That’s prudent.

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