Blain: The Fed’s Taper Is Going To Expose A Fundamentally Broken Market

Blain: The Fed’s Taper Is Going To Expose A Fundamentally Broken Market

Submitted by Bill Blain via Blain’s Morning Porridge

“Anyone who claims to know the future of interest rates is certifiable.”  

The great Autumnal Bond Funding Season is upon us, but the looming taper of Central Bank Asset Purchase Schemes could well expose just how broken and dysfunctional bond markets have become. Markets always over-react to stress and panics, but when markets struggle with price discovery and liquidity, the coming sell off could be magnified, which means a great buying opportunity in bonds may be coming!

* * *

There is lots to worry about this morning – the consequences of the Afghan Skedaddle on perceptions of the US, the inflation threats central banks wish us to believe are “transitory”, Hurricane Ida’s trail of insurance claims, the rising backlash against ESG, and the apparent emergence of a new SuperCovid variant that’s more infectious…

Instead.. this morning let’s think about the bond market, because in the bond market there is always truth… It’s still August (for a few more hours at least) but today marks the start of the 2021 Bond Market Autumn Steeplechase. With bond yields still falling despite taper talk and record stock market levels – it promises to be a fascinating season.

The September funding Boom is a traditional feature of the Eurobond market year. It’s when all the banks and bankers realise year-end is approaching and get desperate for fees from business closed, pushing their capabilities by being seen to do deals and rise up the league tables. Smart corporate treasurers will be dangling mandates for deals in front of their bankers – knowing this is the best time to get the finest and tightest terms because this when their bankers are most desperate. The result is we’ll see a deluge of new bond supply.

Normally, the funding orgy lasts a couple of weeks before investors start to gag on a succession of too tightly priced deals that widen soon after launch. But, hey-ho, pricing doesn’t matter because Central Banks are all out there buying corporate bonds as part of their QE Asset-Buying Programmes. So… it’s possible to sell just about anything…

This year corporate treasurers know the Taper is coming – that’s what Jerome Powell confirmed last week at Jackson Hole – so they will be even more enthusiastic to get their deals done ahead of the stable-door to cheap financing slamming shut.

And bankers? Well they remember what happened last time the Fed tried to taper its monetary experimentation – a panic and closed market, therefore its even more important to get deals done now.. done ahead of any market unpleasantness..

The Corporate Bond markets are anything but perfect. There are massive underlying problems as banks don’t support deals, the secondary market is “by appointment only” via brokers, small investors (ie anyone with less than a couple of hundred billion Assets Under Management) can’t get allocations of new deals, much of the market is now in ETFs, yet things could get even less functional.

I suspect this year’s funding steeplechase and the coming Central Bank Taper is going to expose a fundamentally broken market. Liquidity is dry and the price discovery mechanism is busted. I was recently fortunate to be shown some confidential numbers on European Government Bond market liquidity. Strip out the asset-purchase activities of the ECB buying bonds, and the numbers show the Bund, OAT and other European markets have seem volumes plummet in recent years.

The flows in fixed income markets were once circular – investors could buy and sell via market making banks who would set the price based on demand and supply, the orders they were seeing from their universe of clients. It worked. Now it doesn’t. Now, rather than bond holders calling a couple of banks to get the best price, there is no market making anymore. Central banks set the price of bonds. When they aren’t their buying – who will?

As banks don’t trade as market makers, there is no longer a price-setting mechanism – when the central banks stop posting bids, there is no-one to replace them. The result is likely to be a massive liquidity block on even the hint of Central Banks tapering their asset purchases… and that spells…  Opportunity.

When markets panic they over-react every time. When markets seize up – as I expect they will when the Taper becomes real – we’re likely to see massive over-compensation in bond markets, and by extension, in equity markets also. I suspect the coming bond market wobbles could prove to be something of a buying window.

Why? A small hint of taper will expose the broken mechanisms of the bond market in terms of price discovery and market making, but we also know Central Banks are unlikely to allow wild rises in interest rates. Since a bond price is a reflection of the likelihood the bond issuer is going to repay, and interest rates will be unlikely to change much… then a sell off becomes an opportunity to invest at a much more attractive yield when the interest-rate environment has barely changed.

But risk will have changed – a bond market sell off will trigger a crisis of confidence across markets changing perceptions and appetite for risk, which again is an opportunity for the wise to generate cheap cost opportunities.

The problem is… much of the bond market is under 35 and has never seen the conditions that caused the crisis back in 2008. On the other hand, and talking my own book….. some of us have weathered several bond market crashes… we’ve done it before, and know nothing really changes about the ways in which markets panic!

When the crisis comes… well you know my email and phone number!

Tyler Durden
Tue, 08/31/2021 – 15:20

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Christopher Yoo, “The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy”

The last article the free speech and social media platforms symposium in the first issue of our Journal of Free Speech Law; you can read the whole article (by Christopher Yoo, Penn) here, but here’s the abstract:

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial discretion over whom to carry or host. This gives putative common carriers and public accommodations substantial control over their First Amendment status. The jurisprudence on privacy regulation, quasi-common carriers, non-common carriage services, and public accommodations confirms that the First Amendment protections they enjoy are substantial.

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Christopher Yoo, “The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy”

The last article the free speech and social media platforms symposium in the first issue of our Journal of Free Speech Law; you can read the whole article (by Christopher Yoo, Penn) here, but here’s the abstract:

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial discretion over whom to carry or host. This gives putative common carriers and public accommodations substantial control over their First Amendment status. The jurisprudence on privacy regulation, quasi-common carriers, non-common carriage services, and public accommodations confirms that the First Amendment protections they enjoy are substantial.

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Wells Tumbles On Report Troubled Bank Faces New Regulatory Sanctions

Wells Tumbles On Report Troubled Bank Faces New Regulatory Sanctions

Just when you thought Wells Fargo was finally putting its unpleasant regulatory transgressions behind it once and for all, today Bloomberg reported today that regulators aren’t happy with how quickly the bank is paying restitution and cleaning up its act. This, in turn, could lead to even more regulatory action heading the bank’s way. The news sent Wells stock tumbling more than 5% on the day.

The bank has already paid more than $5 billion due to its various fraudulent cross-selling scandals which cost the former CEO his job, but the Office of the Comptroller of the Currency and the Consumer Financial Protection Bureau are warning the company that new sanctions could be on their way due to how slowly the bank is fulfilling consent orders it signed about three years ago, according to a new article by Bloomberg.

If new sanctions point out wrongdoing by the company’s new management team, which took over in 2019, it could restart the clock on a Fed cap on the bank’s growth.

The bank has already paid out restitution to millions of consumers, but it is having trouble identifying which customers were affected and how much they are owed, the report says.  Now, regulators are mulling new fines and/or sanctions, or potentially even additional consent orders. 

Clues have started to emerge over the past few months that all wasn’t well with regulators, the report says. The bank disclosed in regulatory filings that it could face new consent orders and Scharf has said there could be “setbacks” in attempting to fulfill the needs of regulators. 

New Chief Executive Officer Charlie Scharf has said that his sole goal has been satisfying regulators, recently adding that “while what’s required for each is clear, there are numerous complexities with managing this amount of work concurrently. It will take time to consistently accomplish all at the level we and our regulators expect.”

The implications for the bank could be far reaching, should regulators decide to sanction it again. Not only would the optics be ugly, as the bank has spent the last 3 years on a PR campaign to make it look like it is cleaning up its act, but additional sanctions could also throw a wrench in the gears at the other inner-workings of the bank, as we noted on Twitter today.

Tyler Durden
Tue, 08/31/2021 – 15:00

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Watch Live: Biden Speaks As 20-Year War In Afghanistan Ends In US Defeat

Watch Live: Biden Speaks As 20-Year War In Afghanistan Ends In US Defeat

Now that the last American soldier (though not the last American citizen) has left Kabul, President Biden has apparently gotten permission from his handlers to address the American people and remind us all that the disastrous final moments of the nearly 20-year-long war weren’t his fault.

With 90 retired generals signing a letter calling on Biden’s defense secretary and leader of the Joint Chiefs of Staff to quit and take responsibility for the disastrous pullout, the messiest pullout in US history, according to President Trump, it’s hardly a surprise that President Biden feels another face-to-face with the American people is necessary.

He is slated to begin speaking at 1445 (though he has been notably late recently):

As we noted earlier, now that the Taliban have taken control over every province in Afghanistan except for 1 (the rebel bastion of Panjshir), it’s up to them to govern effectively. To try and accomplish that, they’re seeking help from one of the most unlikely places: the US (along with Russia and China).

There are still at least 100 to 200 American citizens trapped in Afghanistan after being unable to reach the airport. Right now, it’s unclear when commercial flight will restart; Turkey has reportedly offered to assist the Taliban in getting the airport up and running against.

Ahead of Biden’s speech, Republican lawmakers held a press conference criticizing Biden’s “bungled” removal of troops from the country. Meanwhile, the MSM has taken every opportunity to point out that the timeline for the withdrawal was set by President Trump in negotiations with the Taliban.

But whatever happens next in Afghanistan – it’s not America’s problem. Or at least, not yet. 

Tyler Durden
Tue, 08/31/2021 – 14:40

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Aluminum Prices Hit Decade High Amid China’s Drive To Cut Carbon Emissions

Aluminum Prices Hit Decade High Amid China’s Drive To Cut Carbon Emissions

Aluminum prices on the London Metal Exchange hit a 10-year high Tuesday, extending a year-long vertical surge as demand rebounds and supply shrinks, as smelters in top producer China faced tougher power controls, stoking supply worries for the energy-intensive metal. Benchmark three-month aluminum climbed 1.8% to $2,696 a tonne in official trading after touching its highest since May 2011 at $2,726.50, and rapidly approaching all time highs around $3,000.

In China, the most-traded October aluminum contract on the Shanghai Futures Exchange closed up 1.2% at 21,390 yuan ($3,311.09) a tonne, hovering near its highest since August 2008 of 21,550 yuan a tonne hit in the previous session.

Aluminum prices have been supported by production curbs in Chinese smelting regions often aimed at easing the strain on the power grid. The latest price surge comes as the government in China’s Guangxi region, an aluminum and alumina production hub, on Monday called for tougher controls on energy consumption in a statement issued after a teleconference. The region is China’s third-biggest producer of alumina, a primary product of aluminum, with output of 925,500 tonnes in July, according to the National Bureau of Statistics.

A stream of announcements from China about the challenges faced by smelters, combined with soaring global demand, have buttressed prices, said Wood Mackenzie analyst Uday Patel. China’s production would still rise this year compared with last year, albeit at a slower pace, he said, adding that its output is about 500,000-600,000 tonnes lower than was expected at the start of 2021.

Meanwhile, Consultancy Mysteel said that eight aluminium smelting companies in Guangxi will have to keep their September production at a maximum of 80% of average monthly output in the first half of the year. That could equate to a reduction in annual operating capacity of 475,000 tonnes, it said.

“The impact of power and production restrictions in Yunnan is still expanding,” Huatai Futures said in a report, adding the addition of other production areas to the list was not ruled out. Yunnan, as Reuters reminds us, is an aluminum hub and has seen some smelters forced to cut production due to power curbs this year.

The China Nonferrous Metals Industry Association held a meeting of top aluminum smelters on Monday to address what it described as an “irrational surge” in aluminum prices. Paradoxically, also on Monday, local government officials gathered to discuss cutting output of energy-intensive materials in response to Beijing’s campaign to save power and restrain emissions, according to people familiar with the situation. The meeting followed comments last week from Vice Premier Han Zheng, who called for nationwide curbs on industrial activities that produce too much pollution or fail energy-intensity standards.

The problem is that by further shrinking supply, prices will explode even higher. Amid the confusion, analysts are trying to forecast where the demand and supply curves – both of which are in constant flux – will settle:

“A slew of Chinese policies has recently come to affect aluminum output, pushing prices higher,” Wei Lai, an analyst with TF Futures Co., told Bloomberg via phone. “Policies including the power consumption cap are expected to stay through the rest of the year. So the upside momentum remains for aluminum. Prices can hardly retreat as long as demand remains intact.”

The metal, which has wide applications in everything from car pates, appliances, defense weapons, airplanes, and even down to the typical soda can, has faced strong demand since the pandemic after global central banks and governments unleashed trillions of dollars in stimulus. Goldman Sachs’ Jeffery Currie told clients last week: 

As demand improves seasonally from September, aided by reduced lockdown effects and some probable supportive policy adjustments, we expect continued tightness onshore into Q4 and support for higher import volumes of refined metal. This fundamental setup will offer support for a trend higher in both copper and aluminum prices in particular.

Deutsche Bank’s Liam Fitzpatrick expanded more on China’s curtailment of power in industrial hubs that will impact metal outputs: 

Aluminum prices in China have reached the highest levels since 2007, reflecting a range of production disruptions, including emissions-related curtailments and power rationing. The tight power market and recent announcement from the NDRC that a number of provinces missed their power consumption targets in H1’21 increases the risk of further smelter curtailments/ramp-up delays later this year and in 2022. Earlier this month, the Chinese government issued the “Barometer of Completion of the Dual Control Targets” for energy consumption in H1’21. Five provinces with substantial aluminum capacity (~16 mt productions in 2021) received first-level warnings and will face pressure to reduce energy consumption for the rest of the year. 

China produces about 60% of the world’s aluminum and output reductions suggest prices will remain elevated for the foreseeable future, further denting any hopes that the current price surge will be “transitory.”

Tyler Durden
Tue, 08/31/2021 – 14:20

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The New York Times Assumes a Scientific Consensus on School Mask Mandates That Its Own Reporting Shows Does Not Exist


masked-girl-classroom-Phil-Roeder-Flickr

The Department of Education this week announced investigations of five states that have told public schools they may not force students to wear face masks as a safeguard against COVID-19. Because the Centers for Disease Control and Prevention (CDC) has recommended “universal masking” in K–12 schools, Secretary of Education Miguel Cardona says, those states may be violating federal laws that ban discrimination against people with disabilities. Among other things, that argument assumes a nonexistent scientific consensus that mask mandates in schools are a minimum requirement for resuming in-person instruction.

If you are a regular reader of The New York Times, you could be forgiven for thinking that resistance to mask mandates is irrational at best and crassly partisan at worst, sacrificing the safety of children to score cheap political points. “Many states have urged localities to return to in-person schooling while promoting policies that conflict with the goal of educating young people in safety,” the paper lamented in a recent editorial. “As of early August, only 29 states had recommended that students wear masks—down from the 44 states that did so last fall—and nine states had banned masking requirements.” The Times commended President Joe Biden for taking “the right approach” by using the Education Department’s “broad authority” to “deter the states from barring universal masking in classrooms.”

Times columnist Jamelle Bouie cites opposition to school mask mandates by Republicans such as Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott as evidence that Republicans do not “actually want the pandemic to end.” In a Times opinion piece published earlier this month, Duke University pediatrician Kanecia Zimmerman and 

The Times even ran an essay in which University of Louisville research psychologist Judith Danovitch took it for granted that all sensible, scientifically informed people recognize that mask mandates are necessary, then proceeded to argue that such requirements have secondary, character-building benefits. They instill self-discipline, she argued, and deter kids from biting their nails or picking their noses.

The pro-mandate position also pervades news coverage of the issue in the Times. Here is the opening sentence of a story published today: “As a new coronavirus wave accelerated by the Delta variant spreads across the United States, many Republican governors have taken sweeping action to combat what they see as an even more urgent danger posed by the pandemic: the threat to personal freedom.” That is a pretty glib way to dismiss the substantial burdens imposed by mask mandates, which add daylong discomfort and anxiety to an environment that was not exactly fun to begin with, distract teachers and students who must enforce and comply with the rule, and interfere with learning, communication, and social interaction.

To its credit, the Times also has made room for dissenting voices, such as Boston University epidemiologist Helen Jenkins and Joseph Allen, director of the healthy buildings program at Harvard’s T.H. Chan School of Public Health. “In Britain the government doesn’t require masks for children in schools,” they note in an essay published yesterday. “Britain has experts, as we do, and they are looking at the same scientific data we are; they most assuredly care about children’s health the same way we do, and yet, they have come to a different policy decision. Schools were prioritized over other activities, and the risks of transmission without masks were considered acceptable.”

Times reporter Dana Goldstein describes the British experience in a recent story with a headline that must have come as a shock to many of the paper’s readers: “In Britain, Young Children Don’t Wear Masks in School.” Contrary to the implication, older students are not required to wear masks either. “Face coverings are no longer advised for pupils, staff and visitors either in classrooms or in communal areas,” the British Department of Education says.

“Under the government guidelines,” Goldstein reports, “masks in classrooms were required only for discrete periods in secondary schools, the equivalent of middle and high school, and were never required for elementary-age children.” And unlike in the United States, where school mask mandates have generated bitter partisan fights, “both the Conservative and Labour Parties have generally believed that face coverings hinder young children’s ability to communicate, socialize and learn.”

Shamez Ladhani, a pediatric infectious-disease specialist at St. George’s Hospital in London, tells Goldstein “the U.K. has always, from the beginning, emphasized they do not see a place for face coverings for children if it’s avoidable.” The costs of forcing children to wear masks exceed the likely benefits, he says, because the ability to see faces is “important for the social development and interaction between people.”

The public health disaster that you might expect based on the position taken by the CDC, the U.S. Education Department, the Times editorial board, and commentators such as Bouie has not transpired in the U.K., Goldstein notes:

It is difficult to pinpoint exactly how much spread occurred on campuses. But throughout the pandemic, government studies showed that infection rates in schools did not exceed those in the community at large, Dr. Ladhani said. In schools that experienced multiple virus cases, he added, there were often “multiple introductions”—meaning that infections were likely acquired outside the building.

There is debate about whether the end of the school year in mid-July contributed to the nation’s drop in virus cases, but some researchers point out that the decline began before schools closed.

Instead of mandating masks, Goldstein says, the British government has “focused on other safety measures,” including rapid testing to identify carriers and quarantining their close contacts. Allen and Jenkins note that the impact of quarantines can be minimized by “allowing kids who test negative to go to in-person class rather than mass quarantining hundreds or thousands of children.”

A randomized study of British secondary schools and colleges, conducted after the emergence of the delta variant, found that strategy was as effective as mass quarantines. “Though the daily testing regimen was challenging for some schools to carry out,” Goldstein says, “the results were reassuring: In both the quarantine and test groups, less than 2 percent of the contacts tested positive for Covid-19.” The researchers concluded that “daily contact testing is a safe alternative to home isolation following school-based exposures.”

The U.K. is by no means unique in eschewing “universal masking” in schools. As David Zweig notes in New York magazine, “many of America’s peer nations around the world—including the U.K., Ireland, all of Scandinavia, France, the Netherlands, Switzerland, and Italy—have exempted kids, with varying age cutoffs, from wearing masks in classrooms” without experiencing more school-related COVID-19 outbreaks than the U.S. has seen.

Allen and Jenkins note that “disease severity for a vast majority of kids is low.” According to the CDC’s “current best estimate,” the infection fatality rate for people younger than 18 is 0.002 percent.

Allen and Jenkins do not take a firm position for or against school mask mandates. But they argue that school districts that decide to require masks need to have a clearer idea of the goal they are trying to reach.

While it might seem reasonable to require masks until COVID-19 vaccines are approved for Americans younger than 12, Allen and Jenkins say, what will happen if the vaccination rate in that group proves to be disappointingly low? “If it’s conceivable—and even likely—that in March most children will still be unvaccinated, does this mean masks should come off then anyway?” they wonder. “Or would masks be recommended indefinitely?”

That disheartening prospect is hardly unrealistic given the views of many local officials, the CDC’s low tolerance for risk, and the Biden administration’s suggestion that the agency’s advice is legally binding. “Any organization setting a mask mandate at this point in the pandemic in the United States must pair that mandate with an offramp plan,” Allen and Jenkins say. “Sleepwalking into indefinite masking is not in anyone’s interests and can increase distrust after an already very difficult year.”

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Central Banks Need To Stop The Mission Creep

Central Banks Need To Stop The Mission Creep

Op-Ed Authored by Merryn Somerset Webb via the Financial Times (emphasis ours),

© Liv Cleverley

What’s the point of a central bank? The old fashioned among you will think the answer to that is obvious: to manage interest rates and the supply of money such that inflation remains firmly under control. Central bankers have different ideas. Where they once liked to consider themselves technocratic, they now think of themselves as rather more nuanced — able to “look through” inflation rather than being wedded to metric-driven interest rate rises.

And where they once figured that they had just the one job, they now seem to feel the world needs their input on pretty much everything. Former Bank of England Governor Mervyn King recently complained about central banks “moving into the political arena”, and with good reason. Data from the Bank for International Settlements show that references to “inequality” have risen sharply in central banker speeches, while the chief executive of the Reserve Bank of Atlanta (among others) called for central banks to “play an important role in helping to reduce racial inequities and bring about a more inclusive economy”.

You can also be sure that climate change will get a mention within the first few minutes of every speech at the central bankers’ (now virtual) meeting at Jackson Hole. At first glance this might seem to make perfect sense. The European Central Bank’s Christine Lagarde explains it in terms of the fable of the mice, the cat and the bell: all the mice agree that life would be better for all if the cat wore a bell — but no one wants to be the one who actually creeps up and attaches the bell.

To want to help with the bell placing is not mission creep, she says, but “acknowledging reality”. You can also argue that it fits perfectly within the traditional brief of most central banks: if, say, climate change could in the medium term be both a nasty driver of inflation and a challenge to long-term financial stability, why shouldn’t central banks have a go at helping out? Most other central banks agree: the Bank of England has climate change down as a “strategic priority”.

There are a good few reasons why this is a mistake. The first is that most of these things are none of their business. Central banks have huge power — but as their leaders are unelected it is vital that that power remains as contained as possible. Look at what has already happened over the past decade as central banks have blended monetary and fiscal policy, first by using quantitative easing to finance anything governments fancy, and second by turning a blind eye to the asset market bubbles and fast-rising wealth inequality that their insanely loose monetary policy has created.

There’s a reason the wealth of the world’s billionaires has soared during the pandemic — and it is more likely to be the $120bn of bonds the Federal Reserve has bought every month than fast global GDP growth (the S&P 500 is up 21 per cent so far this year alone). The inequality that the world’s central banks are so worried about? They might have caused much of it. In that sense they have been dabbling in politics for a long time already. Just not in a good way.

The second is that once you start mission creep (for that is what it is) where does it end? It is possible that climate change might cause inflation. But so can a shortage of HGV drivers (currently causing supply havoc in the UK) — and thus far no one has suggested the Bank of England have policies to speed up the training of lorry drivers. These are jobs for other organisations.

However the most obvious reason is that central banks have more than enough to do just covering their basic brief. The developed world is in as hideous a monetary policy trap as it is possible to imagine. Low rates are causing asset price bubbles all over the place (from housing to NFTs); ordinary people have no hope of getting a real return on their cash; inflation is confusing and potentially frightening; and the rise of cryptocurrencies is threatening central bank control over transactions and deposits.

Just trying to figure out if inflation is transitory — or not — would be enough work for most institutions. And that’s before you see the way clear to back out of the monetary policy of the last decade. Once you’ve let markets bubble, how on earth do you unbubble them?

Now try doing that, all the other things mentioned above, and worrying about politics. You might soon find you can’t see the macro for the micro. How for example would you square raising interest rates sharply into fast rising inflation, with protecting minority groups who have high levels of debt or low levels of employment? And how do you keep inflation expectations anchored if everyone knows you have that conflict? That’s not a job description most people would write themselves — particularly given that the last bout of nasty inflation happened in the 1970s (when central banks were explicitly not independent of politics).

Mission creep is a common problem. It might be time for national politicians to start insisting that political issues are left to them and that everyone else just gets on with their own jobs. Local councils could fix the roads really quickly. Companies could make, sell and deliver stuff. And central banks could use monetary tools to have a go at controlling inflation. Much easier all round.

Merryn Somerset Webb is editor-in-chief of MoneyWeek. Views are personal. merryn@ft.com. Twitter: @MerrynSW

Tyler Durden
Tue, 08/31/2021 – 13:55

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The New York Times Assumes a Scientific Consensus on School Mask Mandates That Its Own Reporting Shows Does Not Exist


masked-girl-classroom-Phil-Roeder-Flickr

The Department of Education this week announced investigations of five states that have told public schools they may not force students to wear face masks as a safeguard against COVID-19. Because the Centers for Disease Control and Prevention (CDC) has recommended “universal masking” in K–12 schools, Secretary of Education Miguel Cardona says, those states may be violating federal laws that ban discrimination against people with disabilities. Among other things, that argument assumes a nonexistent scientific consensus that mask mandates in schools are a minimum requirement for resuming in-person instruction.

If you are a regular reader of The New York Times, you could be forgiven for thinking that resistance to mask mandates is irrational at best and crassly partisan at worst, sacrificing the safety of children to score cheap political points. “Many states have urged localities to return to in-person schooling while promoting policies that conflict with the goal of educating young people in safety,” the paper lamented in a recent editorial. “As of early August, only 29 states had recommended that students wear masks—down from the 44 states that did so last fall—and nine states had banned masking requirements.” The Times commended President Joe Biden for taking “the right approach” by using the Education Department’s “broad authority” to “deter the states from barring universal masking in classrooms.”

Times columnist Jamelle Bouie cites opposition to school mask mandates by Republicans such as Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott as evidence that Republicans do not “actually want the pandemic to end.” In a Times opinion piece published earlier this month, Duke University pediatrician Kanecia Zimmerman and 

The Times even ran an essay in which University of Louisville research psychologist Judith Danovitch took it for granted that all sensible, scientifically informed people recognize that mask mandates are necessary, then proceeded to argue that such requirements have secondary, character-building benefits. They instill self-discipline, she argued, and deter kids from biting their nails or picking their noses.

The pro-mandate position also pervades news coverage of the issue in the Times. Here is the opening sentence of a story published today: “As a new coronavirus wave accelerated by the Delta variant spreads across the United States, many Republican governors have taken sweeping action to combat what they see as an even more urgent danger posed by the pandemic: the threat to personal freedom.” That is a pretty glib way to dismiss the substantial burdens imposed by mask mandates, which add daylong discomfort and anxiety to an environment that was not exactly fun to begin with, distract teachers and students who must enforce and comply with the rule, and interfere with learning, communication, and social interaction.

To its credit, the Times also has made room for dissenting voices, such as Boston University epidemiologist Helen Jenkins and Joseph Allen, director of the healthy buildings program at Harvard’s T.H. Chan School of Public Health. “In Britain the government doesn’t require masks for children in schools,” they note in an essay published yesterday. “Britain has experts, as we do, and they are looking at the same scientific data we are; they most assuredly care about children’s health the same way we do, and yet, they have come to a different policy decision. Schools were prioritized over other activities, and the risks of transmission without masks were considered acceptable.”

Times reporter Dana Goldstein describes the British experience in a recent story with a headline that must have come as a shock to many of the paper’s readers: “In Britain, Young Children Don’t Wear Masks in School.” Contrary to the implication, older students are not required to wear masks either. “Face coverings are no longer advised for pupils, staff and visitors either in classrooms or in communal areas,” the British Department of Education says.

“Under the government guidelines,” Goldstein reports, “masks in classrooms were required only for discrete periods in secondary schools, the equivalent of middle and high school, and were never required for elementary-age children.” And unlike in the United States, where school mask mandates have generated bitter partisan fights, “both the Conservative and Labour Parties have generally believed that face coverings hinder young children’s ability to communicate, socialize and learn.”

Shamez Ladhani, a pediatric infectious-disease specialist at St. George’s Hospital in London, tells Goldstein “the U.K. has always, from the beginning, emphasized they do not see a place for face coverings for children if it’s avoidable.” The costs of forcing children to wear masks exceed the likely benefits, he says, because the ability to see faces is “important for the social development and interaction between people.”

The public health disaster that you might expect based on the position taken by the CDC, the U.S. Education Department, the Times editorial board, and commentators such as Bouie has not transpired in the U.K., Goldstein notes:

It is difficult to pinpoint exactly how much spread occurred on campuses. But throughout the pandemic, government studies showed that infection rates in schools did not exceed those in the community at large, Dr. Ladhani said. In schools that experienced multiple virus cases, he added, there were often “multiple introductions”—meaning that infections were likely acquired outside the building.

There is debate about whether the end of the school year in mid-July contributed to the nation’s drop in virus cases, but some researchers point out that the decline began before schools closed.

Instead of mandating masks, Goldstein says, the British government has “focused on other safety measures,” including rapid testing to identify carriers and quarantining their close contacts. Allen and Jenkins note that the impact of quarantines can be minimized by “allowing kids who test negative to go to in-person class rather than mass quarantining hundreds or thousands of children.”

A randomized study of British secondary schools and colleges, conducted after the emergence of the delta variant, found that strategy was as effective as mass quarantines. “Though the daily testing regimen was challenging for some schools to carry out,” Goldstein says, “the results were reassuring: In both the quarantine and test groups, less than 2 percent of the contacts tested positive for Covid-19.” The researchers concluded that “daily contact testing is a safe alternative to home isolation following school-based exposures.”

The U.K. is by no means unique in eschewing “universal masking” in schools. As David Zweig notes in New York magazine, “many of America’s peer nations around the world—including the U.K., Ireland, all of Scandinavia, France, the Netherlands, Switzerland, and Italy—have exempted kids, with varying age cutoffs, from wearing masks in classrooms” without experiencing more school-related COVID-19 outbreaks than the U.S. has seen.

Allen and Jenkins note that “disease severity for a vast majority of kids is low.” According to the CDC’s “current best estimate,” the infection fatality rate for people younger than 18 is 0.002 percent.

Allen and Jenkins do not take a firm position for or against school mask mandates. But they argue that school districts that decide to require masks need to have a clearer idea of the goal they are trying to reach.

While it might seem reasonable to require masks until COVID-19 vaccines are approved for Americans younger than 12, Allen and Jenkins say, what will happen if the vaccination rate in that group proves to be disappointingly low? “If it’s conceivable—and even likely—that in March most children will still be unvaccinated, does this mean masks should come off then anyway?” they wonder. “Or would masks be recommended indefinitely?”

That disheartening prospect is hardly unrealistic given the views of many local officials, the CDC’s low tolerance for risk, and the Biden administration’s suggestion that the agency’s advice is legally binding. “Any organization setting a mask mandate at this point in the pandemic in the United States must pair that mandate with an offramp plan,” Allen and Jenkins say. “Sleepwalking into indefinite masking is not in anyone’s interests and can increase distrust after an already very difficult year.”

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Lawsuit Over Fox News’ Supposed Coronavirus Misrepresentations Rejected

From yesterday’s Washington Court of Appeals decision in WASHLITE v. Fox News (opinion by Acting Chief Judge Beth Andrus, joined by Judges Linda Coburn and Cecily Hazelrigg):

On April 2, 2020, WASHLITE brought this lawsuit, alleging that Fox hosts and television personalities violated the CPA [Washington Consumer Protection Act] by making statements, on-air, downplaying the danger posed by the coronavirus, describing the pandemic as a “hoax,” and accusing government officials and media organizations of exaggerating the danger posed by COVID-19 in an attempt to undermine former President Donald J. Trump. {WASHLITE alleged, for example, that on March 7, 2020, Fox host Judge Jeanine Pirro (ret.) stated on her show that “the talk about coronavirus being much more deadly (than the flu) doesn’t reflect reality.” On March 8, 2020, host Pete Hegspeth stated “[t]he more I learn about coronavirus, the less concerned I am.” On March 11, 2020, host Matt Schlapp stated “[i]t is very very difficult to contract this virus.” And on March 13, 2020, host Ainsley Earhardt stated “it is actually the safest time to fly.”} WASHLITE sought to enjoin Fox from airing any further misinformation about COVID-19, to require Fox to retract prior false statements, and to pay damages to unnamed “John Doe” consumers….

WASHLITE initially argues that Fox’s cable content does not enjoy full independent protections under the First Amendment because cable providers, through which Fox offers its programming, retain a degree of editorial control over that content….[But t]he fact that a cable operator may curtail the speech of Fox hosts on its own channels does not mean that the State, through judicial action, may do the same…. And [WASHLITE’s] argument is inconsistent with the court’s holding in Turner Broad. Sys., Inc. v. F.C.C. (1994), where … the court recognized that both “[c]able programmers and cable operators engage in and transmit speech” and thus “are entitled to the protection of the speech and press provisions of the First Amendment.” The fact that Fox offers its programming through cable providers does not lessen the extent of the First Amendment protections it enjoys in the context of direct state regulation….

WASHLITE next argues that Fox’s statements regarding the coronavirus and the disease it causes, COVID-19, made during a global pandemic, are not protected because they are false. We reject this contention because the challenged statements implicate matters of public concern and thereby fall squarely within First Amendment protections….

[WASHLITE] contends that content-based regulation is permissible in this instance because false statements regarding threats to public health fall within an exception to the First Amendment’s broad protections. To support its assertion, WASHLITE argues content-based regulation of speech is permissible in several instances: false statements to the government prohibited under 18 U.S.C § 1001 and RCW 9A.76.175, speech inciting lawless action, terroristic threats, and defamation. WASHLITE argues false statements regarding threats to public health are analogous and that, “[b]ootstrapping these concepts to this case, Fox cannot reasonably deny that it knew that characterizing COVID-19 as a hoax was false…. It acted with reckless disregard for the truth of COVID-19 when it regularly broadcast that the virus was a hoax or words to that effect.” … [But] WASHLITE cites no authority for the proposition that false statements about threats to public health, even if recklessly made, fall within any exception to the First Amendment. To the contrary, the Supreme Court in Alvarez disavowed the principle that false expressions in general receive a lesser degree of constitutional protections simply by virtue of being false. The court stated that its precedent restricting the value or protections afforded objectively false statements

all derive from cases discussing defamation, fraud, or some other legally cognizable harm associated with a false statement, such as an invasion of privacy or the costs of vexatious litigation. In those decisions the falsity of the speech at issue was not irrelevant to our analysis, but neither was it determinative. The Court has never endorsed the categorical rule the Government advances: that false statements receive no First Amendment protection.

The court went on to explain that,

[w]ere the Court to hold that the interest in truthful discourse alone is sufficient to sustain a ban on speech, absent any evidence that the speech was used to gain a material advantage, it would give government a broad censorial power unprecedented in this Court’s cases or in our constitutional tradition.

WASHLITE’s allegations that the challenged statements are false and recklessly made simply cannot overcome the protections afforded speech on matters of public concern under the First Amendment, even in the face of the State’s undoubtedly compelling interest in the public dissemination of accurate information regarding threats to public health.

The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it.

United States v. Stevens (2010).

“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Texas v. Johnson (1989). Although WASHLITE pursues the meritorious goal of ensuring that the public receives accurate information about the COVID-19 pandemic, the challenged statements do not fall within the narrow exceptions to the First Amendment’s protections. We affirm the trial court’s conclusion that, however laudable WASHLITE’s intent, its CPA claim is barred by the First Amendment.

I think this is generally quite right, certainly as to the “cable television is unprotected” argument (see this post) and likely also as to the “false statements about epidemics are unprotected” argument. In addition to the Alvarez plurality statements cited by the Washington court, note that five Justices and three dissenting Justices in Alvarez agreed that

[T]here are broad areas in which any attempt by the state to penalize purportedly false speech would present a grave and unacceptable danger of suppressing truthful speech…. Laws restricting false statements about philosophy, religion, history, the social sciences, the arts, and the like raise such concerns, and in many contexts have called for strict scrutiny. But this case does not involve such a law.

That’s from Justice Breyer’s two-Justice concurrence, but Justice Alito’s three-Justice dissent took the same view, adding “The point is not that there is no such thing as truth or falsity in these areas or that the truth is always impossible to ascertain, but rather that it is perilous to permit the state to be the arbiter of truth.” I think this logic applies to statements about medical science as well as social science.

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