New CDC Guidance Says Vaccinated People Can Do a Tiny Bit of Socializing

lrphotos131946

The Centers for Disease Control and Prevention (CDC) released new guidance on Monday that permits fully vaccinated people to gather indoors with a small number of unvaccinated people, but still recommends masking and social distancing in public places.

“There are some activities that fully vaccinated people can resume with minimal risk,” said CDC Director Rochelle Walensky at a press briefing.

After receiving the second dose of a vaccine (or the single-dose Johnson & Johnson shot) and waiting the necessary two-week period, vaccinated individuals can safely socialize with other vaccinated people, since there is virtually zero risk of a severe negative health outcome. The vaccinated can gather with the unvaccinated as well, but because it’s theoretically possible for vaccinated individuals to transmit COVID-19 to the unvaccinated, the CDC is recommending that these gatherings include only members of one household—and no one who falls into a COVID-19 risk category (such as the elderly).

But in many other circumstances, the vaccinated are expected to continue wearing masks and practicing social distancing, and they should continue to obey travel restrictions.

“Ou travel guidance is unchanged,” said Walensky.

The guidance recommends masking and social distancing for the vaccinated when they are out in public, and they should still avoid crowds and large gatherings. No one specifically mentioned restaurants during the briefing, but a vaccinated individual who is serious about following the new guidance would have no choice but to continue avoiding them. And while the CDC could have used this opportunity to clarify that outdoor spread appears to be a rarity, there was no mention of the fact that it’s probably extremely safe for vaccinated people to be unmasked outdoors, even in groups.

Indeed, the CDC’s guidance was impractically cautious, which is entirely unsurprising. Government health officials are known for making unhelpful proclamations that are entirely at odds with human behavior.

While it was good to hear the CDC finally admit that vaccinated people can gather with other vaccinated people, there is a wider swath of human activity that is in all likelihood extremely safe. Don’t hold out for the CDC’s blessing: Get the vaccine and get back to normal.

 

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Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases)

(For the full PDF, with footnotes and an Appendix listing the cases I’m discussing, see here; note that the article is still in draft, so I’ll be adding more materials, and any feedback people can offer would still be very useful.)

Donna is publicly criticizing Paul. So Paul sues her, and gets an injunction like this: “[Defendant] is permanently enjoined from publishing … any statements whatsoever with regard to the plaintiff.”

It’s hard to reconcile such an injunction (whether entered in a libel case or as a “personal protective order”) with the First Amendment. And yet I have found 200 such injunctions (almost all in the last 10 years)—some as broad as that one, and others narrower but still overbroad—entered either in libel cases or in cases involving petitions to stop harassment or cyberstalking.[1]

They have involved speech criticizing exes and other family members;[2] businesses or professionals (lawyers, doctors, real estate agents, financial advisers) with whom speaker say they had a bad experience; police officers, judges, and other government officials; and more. Some have banned all speech about the plaintiff, or all online speech about the plaintiff.

Others have been narrower—for instance, banning all “derogatory” speech or all posting of photographs of plaintiff—but still covered constitutionally protected speech (and not just libel or true threats or unwanted speech said to the plaintiff). Many of these injunctions are focused on online speech, but the Court has made clear that online speech, and in particular speech on social media, is fully protected by the First Amendment (as much as is speech in newspapers or books or leaflets).

Unsurprisingly, most such injunctions involve either a defendant who was not represented by a lawyer, or a default judgment against a defendant who did not appear, so the First Amendment arguments against the injunctions were likely not effectively laid out in front of the judge. Part I lays out the evidence—and doubtless it’s just the tip of the iceberg, since most unappealed injunctions aren’t systematically accessible online.

When these injunctions do go up on appeal, they almost always get reversed, because they violate the First Amendment. Part II discusses the precedents on this, both from the U.S. Supreme Court and from state appellate courts. I hope this Part will be especially useful to judges, lawyers, and even pro se litigants dealing with such cases. (I discuss state and federal appellate precedents there in more detail than is common for a law review article, precisely to be more useful to practical litigation.)

But some state appellate decisions have upheld such injunctions, based on two related theories. First, some courts have concluded that the First Amendment doesn’t protect harassment, and that otherwise protected speech becomes unprotected harassment when it is said (especially when it is said often enough) with an intent to offend, embarrass, or harass. Second, some courts have concluded that the First Amendment doesn’t protect such speech when it is on a matter of merely “private concern.” I think these theories are inconsistent with First Amendment precedents, and Part III will discuss that.

Finally, Part IV will speculate why courts are doing it, and how it bears on broader debates—for instance, about how the “cheap speech” created by the Internet has affected public discussion; how some judges might perceive their role in pragmatically resolving disputes; and about how judges deal with litigants that they see as irrational and uncontrollable using normal tools.

Our legal system offers many remedies, however imperfect, for damaging speech about a person. One is libel lawsuits, and even narrowly tailored injunctions forbidding the defendant from repeating specific statements that have been found to libelous at trial. Another, in some states, is criminal libel law. A third, in other states and under federal law, is criminal harassment law or cyberstalking law, though that may raise its own First Amendment problems. In if Donna is writing derogatory things to Paul, rather than just about him, he may able to get a restraining order to make that stop.

But the injunctions I describe in this article are not a permissible remedy. Of course, persistent online criticism, which may often be unfair and insulting, may understandably distress its targets. But, as the Supreme Court and lower courts have made clear, such speech is generally constitutionally protected.

[* * *]

[1] Harassment here refers to criminal harassment or harassment that might be targeted by harassment prevention orders, not hostile environment workplace harassment, see Eugene Volokh, Comment, Freedom of Speech and Workplace Harassment, 39 UCLA L. Rev. 1791 (1992), or quid pro quo workplace harassment.

[2] From what I’ve seen, such orders don’t exhibit any particular gender pattern; men sometimes get them against ex-wives and ex-girlfriends, women against ex-husbands and ex-boyfriends, and some stem from same-sex relationships.

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New CDC Guidance Says Vaccinated People Can Do a Tiny Bit of Socializing

lrphotos131946

The Centers for Disease Control and Prevention (CDC) released new guidance on Monday that permits fully vaccinated people to gather indoors with a small number of unvaccinated people, but still recommends masking and social distancing in public places.

“There are some activities that fully vaccinated people can resume with minimal risk,” said CDC Director Rochelle Walensky at a press briefing.

After receiving the second dose of a vaccine (or the single-dose Johnson & Johnson shot) and waiting the necessary two-week period, vaccinated individuals can safely socialize with other vaccinated people, since there is virtually zero risk of a severe negative health outcome. The vaccinated can gather with the unvaccinated as well, but because it’s theoretically possible for vaccinated individuals to transmit COVID-19 to the unvaccinated, the CDC is recommending that these gatherings include only members of one household—and no one who falls into a COVID-19 risk category (such as the elderly).

But in many other circumstances, the vaccinated are expected to continue wearing masks and practicing social distancing, and they should continue to obey travel restrictions.

“Ou travel guidance is unchanged,” said Walensky.

The guidance recommends masking and social distancing for the vaccinated when they are out in public, and they should still avoid crowds and large gatherings. No one specifically mentioned restaurants during the briefing, but a vaccinated individual who is serious about following the new guidance would have no choice but to continue avoiding them. And while the CDC could have used this opportunity to clarify that outdoor spread appears to be a rarity, there was no mention of the fact that it’s probably extremely safe for vaccinated people to be unmasked outdoors, even in groups.

Indeed, the CDC’s guidance was impractically cautious, which is entirely unsurprising. Government health officials are known for making unhelpful proclamations that are entirely at odds with human behavior.

While it was good to hear the CDC finally admit that vaccinated people can gather with other vaccinated people, there is a wider swath of human activity that is in all likelihood extremely safe. Don’t hold out for the CDC’s blessing: Get the vaccine and get back to normal.

 

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Biden Justice Department Sides Against Free Speech Advocates in Big First Amendment Case

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The U.S. Supreme Court will hear oral arguments later this term in a case that pits free speech advocates against public school officials who seek to punish students for certain off-campus social media posts. Last week, the Biden Justice Department entered the fray with an amicus brief that opposes the free speech side.

The case is Mahanoy Area School District v. B.L. In 2017, a high school freshman and junior varsity cheerleading team member took to the social media site Snapchat in order to complain about her failure to make the varsity cheerleading squad. The student—known by the initials B.L. in court filings because she is a minor—posted a picture of herself and one of her friends with their middle fingers raised accompanied by the text “fuck school fuck softball fuck cheer fuck everything.” She was suspended from the team as a result of that post.

B.L. and her parents, represented by the American Civil Liberties Union of Pennsylvania, are now battling the school in court. They argue that the First Amendment flatly prevents school officials from punishing students for such entirely off-campus speech. “In a weekend comment in an evanescent Snapchat message,” B.L.’s legal team argued in a court filing, “B.L. swore in expressing her disappointment at not making the varsity team to her friends. The notion that a school can discipline a student for that kind of spontaneous, non-threatening, non-harassing expression is contrary to our First Amendment tradition, and finds no support in [the Supreme Court’s] student speech cases.”

In Tinker v. Des Moines Independent Community School District (1968), the Supreme Court forbade public school officials from punishing students for exercising their First Amendment rights on school grounds unless the speech at issue “would materially and substantially interfere with the requirements of appropriate discipline and in the operation of the school.”

In 2020, the U.S. Court of Appeals for the 3rd Circuit invoked that precedent while ruling in B.L.’s favor. “Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated, or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,” the appeals court held.

The Biden Justice Department is now asking the Supreme Court to undo B.L.’s sweeping First Amendment victory at the 3rd Circuit. “The court of appeals incorrectly held that off-campus student speech is categorically immune from discipline by public-school officials,” the government argued in a friend of the court brief filed in support of the Mahanoy Area School District.

According to the Biden Justice Department, while some off-campus speech deserves constitutional protection, the 3rd Circuit went too far, unfairly hamstringing school officials, who, the government maintained, require significant leeway when it comes to regulating and punishing student speech. “When the student’s off-campus speech targets an extracurricular athletic program in which the student participates,” the brief argued, “such speech might properly be regarded as school speech that is potentially subject to discipline by school officials if, for instance, it intentionally targets a feature that is essential to or inherent in the athletic program itself.”

Oral arguments in Mahanoy Area School District v. B.L. have not yet been scheduled.

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Biden Justice Department Sides Against Free Speech Advocates in Big First Amendment Case

polspphotos772073

The U.S. Supreme Court will hear oral arguments later this term in a case that pits free speech advocates against public school officials who seek to punish students for certain off-campus social media posts. Last week, the Biden Justice Department entered the fray with an amicus brief that opposes the free speech side.

The case is Mahanoy Area School District v. B.L. In 2017, a high school freshman and junior varsity cheerleading team member took to the social media site Snapchat in order to complain about her failure to make the varsity cheerleading squad. The student—known by the initials B.L. in court filings because she is a minor—posted a picture of herself and one of her friends with their middle fingers raised accompanied by the text “fuck school fuck softball fuck cheer fuck everything.” She was suspended from the team as a result of that post.

B.L. and her parents, represented by the American Civil Liberties Union of Pennsylvania, are now battling the school in court. They argue that the First Amendment flatly prevents school officials from punishing students for such entirely off-campus speech. “In a weekend comment in an evanescent Snapchat message,” B.L.’s legal team argued in a court filing, “B.L. swore in expressing her disappointment at not making the varsity team to her friends. The notion that a school can discipline a student for that kind of spontaneous, non-threatening, non-harassing expression is contrary to our First Amendment tradition, and finds no support in [the Supreme Court’s] student speech cases.”

In Tinker v. Des Moines Independent Community School District (1968), the Supreme Court forbade public school officials from punishing students for exercising their First Amendment rights on school grounds unless the speech at issue “would materially and substantially interfere with the requirements of appropriate discipline and in the operation of the school.”

In 2020, the U.S. Court of Appeals for the 3rd Circuit invoked that precedent while ruling in B.L.’s favor. “Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated, or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,” the appeals court held.

The Biden Justice Department is now asking the Supreme Court to undo B.L.’s sweeping First Amendment victory at the 3rd Circuit. “The court of appeals incorrectly held that off-campus student speech is categorically immune from discipline by public-school officials,” the government argued in a friend of the court brief filed in support of the Mahanoy Area School District.

According to the Biden Justice Department, while some off-campus speech deserves constitutional protection, the 3rd Circuit went too far, unfairly hamstringing school officials, who, the government maintained, require significant leeway when it comes to regulating and punishing student speech. “When the student’s off-campus speech targets an extracurricular athletic program in which the student participates,” the brief argued, “such speech might properly be regarded as school speech that is potentially subject to discipline by school officials if, for instance, it intentionally targets a feature that is essential to or inherent in the athletic program itself.”

Oral arguments in Mahanoy Area School District v. B.L. have not yet been scheduled.

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How a Socialist Candidate Plans To Destroy Ecuador’s Currency

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In 2018, Venezuela’s dictator, Nicolás Maduro, got rid of many of Hugo Chávez’s currency and price controls, which were largely responsible for massive food shortages and 2,000 percent annual inflation levels. Now, as Reuters reports, over 50 percent of all transactions for basic goods in the country’s major cities are carried out in U.S. dollars or euros, a figure that rises to 90 percent in cities near the Colombian border. Steve Hanke, professor of applied economics at Johns Hopkins University, argues that all transactions carried out in local bolivares are calculated in terms of the dollar, which has become Venezuela’s unofficial unit of account. In the midst of hyperinflation, Venezuela’s de facto dollarization has provided some monetary stability and a degree of safety for citizens’ savings.

Meanwhile, a socialist politician in another Andean nation wants to lead his country in the opposite direction. In Ecuador, where the U.S. dollar has been the official currency since the year 2000, presidential candidate Andrés Arauz, who won the first round of voting with 32 percent of the vote last month and awaits a runoff on April 7, is a longtime critic of dollarization and has been outspoken about the need to dismantle it. Officially, his opponent has not been named due to an extremely close result for second place amid electoral chaos and accusations of voter fraud. But if Arauz prevails next month, the future of money in Ecuador will be at stake.

Ecuador’s dollarization was the response to an economic crisis that bred political mayhem. Between 1998 and 2007, seven presidents served less than a full term; three of them were ousted from the government by either the legislature or the military. In 2000, then-President Gustavo Noboa decided to fully dollarize the economy as annual inflation levels reached 96 percent. The sucre, the official currency since the 19th century, had lost 115 percent of its value against the dollar between 1998 and 1999. Dollarization, however, was hardly an undisputed alternative; one of Noboa’s predecessors, Abdalá Bucaram, fell victim to a coup when he tried to dollarize, an unpopular option at the time, with 69 percent of the population opposed according to one report.

At the time, one of the most vociferous critics of dollarization was a U.S.-trained economics professor named Rafael Correa. Adopting the dollar, he argued, meant renouncing national sovereignty and the ability to stabilize the economy through monetary policy in times of crisis. In 2007, Correa was elected president. He governed until 2017 under the banner of socialism, having changed the constitution so as to enable his own reelection. Like his ally, Hugo Chávez, he railed against the private sector and took a number of heavy-handed measures to silence critical news media.

While in power, Correa repeatedly referred to dollarization as a costly mistake and touted the importance of a national currency as a tool of “social coordination.” Correa’s main monetary novelty, however, was a government-controlled electronic payment scheme, another part of his legacy that his successor quickly dismantled by removing its control from the central bank. Crucially, Correa never tried overtly to get rid of the dollar, which remains Ecuador’s currency and enjoys outstanding levels of popularity.

Last January, after 21 years of low inflation and stable levels of purchasing power, 88.7 percent of respondents told polling firm Cedatos that Ecuador should not dedollarize in spite of the economic downturn. In fact, holding a currency that local politicians can’t devalue by printing bills as if they were bingo cardsà la Chávez or Robert Mugabe—is the one thing that protects regular Ecuadorians from the inevitable excesses of 21st century socialism. As Ecuadorian economist Dora Ampuero said during Correa’s last term, “dollarization saved us from ending up like Venezuela.”

According to Hanke, Correa was “clever enough as a politician to know that if he got rid of the dollar, that would have been the end of his government.” However, Luis Espinosa Goded, professor of economics at Universidad San Francisco de Quito, argues that Correa’s digital payment system, initially a means to pay government employees, was an underhanded attempt to create an alternative currency. Correa’s government even tried to give away the new money, offering businesses value-added tax (VAT) refunds to adopt it, and spent millions on advertising campaigns for the scheme. The attempt failed after five years, with the equivalent of only $15 million of the new money in circulation according to Espinosa Goded. However, Arauz, whom The Economist calls Correa’s proxy, says that he will set up a similar payment system if he wins.

This concerns strong money advocates, who recall that Arauz, a University of Michigan-trained economist, attacked dollarization as late as last year, even though he now promises to strengthen it. In April 2020, Arauz published a blog post with a detailed plan of how to dedollarize the economy. It contained not only Correa’s trick of using “a means of national payments for national transactions,” but also “increasing internal liquidity, including that of the central bank.” While campaigning, Arauz has said he will spend $8 billion of the central bank’s international reserves, which he assures belong to the state, and he intends to send a $1,000 check to one million families. But laying hands on the central bank’s high-quality foreign assets, besides compromising its liabilities on the balance sheet, is the equivalent of a raid on citizens’ deposits, says Espinosa Goded. Ecuador’s reserves include commercial bank balances as well as those of local governments.

On his blog, Arauz also mentions the need to impose capital controls through a fixed quota set by the central bank and a 27 percent “currency exit” tax, which will be charged to anyone who tries to move money out of Ecuador. According to Hanke, implementing Arauz’s proposal would mean “that dollars held by Ecuadorians would not be freely convertible, since conversion would carry a massive cost.” This measure, which is likely to exert considerable downward pressure on all asset prices, makes Arauz “much more dangerous than people realize,” moreso than even Correa when he was in power. Hanke recalls that Friedrich Hayek, an advocate of competition among currencies, called capital controls “the final suppression of all means of escape” from state tyranny, “not merely for the rich but for everybody.”

If Arauz gains power, any attempt to dedollarize Ecuador likely would face popular resistance, not only because of the dollar’s massive approval in the country, but also because such a move runs counter to 21st century socialism’s latest tendencies, even in Venezuela. The 36-year-old Arauz, however, appears to be less pragmatic and more ideologically driven than the power-obsessed Correa, whose political future hangs in the balance.

Lenín Moreno, the current president and Correa’s former vice president, turned on his old boss over the corrupt practices of Odebrecht, a Brazilian infrastructure company that ran a bribes-for-government-contracts scheme across Latin America. As a result of the scandal, Jorge Glas, who served as vice president under both Correa and Moreno, was sentenced in 2017 for receiving over USD $13 million in bribes.

Moreno also stated publicly that Correa had left him a nearly bankrupt country, with a bloated public sector and USD $60 billion of debt, which amounted to 60 percent of GDP in 2018. He proceeded to take austerity measures, cutting the government payroll—even getting rid of 43 state agencies, among them ministries—and sharply reducing gasoline subsidies. Once COVID-19 hit Ecuador in 2020, the country failed to pay its sovereign debt for the third time since 1999.

Correa, who has called Moreno the greatest traitor in Ecuadorian history and—perhaps even worse from his perspective—a neoliberal, was himself convicted of corruption last year, as he was preparing his fourth presidential run from Belgium, where he lives in exile. Arauz says that, if he were to win, Correa’s sentence would be overturned. Unbiased judges, he claims, suddenly would be free of government pressure against the former president, who, presumably, would be able to run for office again in 2025. The question is whether the U.S. dollar will remain Ecuador’s currency by then.  

Beyond destructive government interference, the future of dollarization in Latin America depends, of course, on the dollar itself. By increasing the M2 money supply by 26 percent in 2020 alone, the Federal Reserve has behaved much like the Latin American central banks that dollarization proponents often criticize, even if the Fed’s monetary expansion remains minuscule compared to that of Venezuela or Argentina, countries with no foreign demand for their currencies. However, Espinosa Goded argues that, in the worst of cases, fully dollarized countries such as Ecuador and Panama—and even semidollarized ones like Peru and Guatemala—are well prepared for a potential downfall of the dollar as the global reserve currency, especially since its citizens are accustomed to using foreign money. Switching to any other type of currency or cryptocurrency that eventually topples the dollar—or the entire fiat-based system—would be relatively simple, he says. 

The debate is certainly not new; individuals have always found ways to protect their assets from government-induced inflation and currency devaluations. As Spanish scholar Juan de Mariana wrote in the 17th century, it was with good reason that, when crowning a monarch, the people of Aragon made their new king swear not to debase their money. Ecuadorians would do well to heed this lesson.

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Poetry Monday!: “Vers dorés” by Gérard de Nerval

Here’s “Vers dorés” (1854) by Gérard de Nerval (1808-1855):

Homme, libre penseur ! te crois-tu seul pensant
Dans ce monde où la vie éclate en toute chose ?
Des forces que tu tiens ta liberté dispose,
Mais de tous tes conseils l’univers est absent….

For the rest of my “Sasha Reads” playlist, click here. Past poems are:

  1. “Ulysses” by Alfred, Lord Tennyson
  2. “The Pulley” by George Herbert
  3. “Harmonie du soir” (“Evening Harmony”) by Charles Baudelaire
  4. “Dirge Without Music” by Edna St. Vincent Millay
  5. “Clancy of the Overflow” by A.B. “Banjo” Paterson
  6. “Лотова жена” (“Lotova zhena”, “Lot’s wife”) by Anna Akhmatova
  7. “The Jumblies” by Edward Lear
  8. “The Conqueror Worm” by Edgar Allan Poe
  9. “Les Djinns” (“The Jinns”) by Victor Hugo
  10. “I Have a Rendezvous with Death” by Alan Seeger
  11. “When I Was One-and-Twenty” by A.E. Housman
  12. “Узник” (“Uznik”, “The Prisoner” or “The Captive”) by Aleksandr Pushkin
  13. “God’s Grandeur” by Gerard Manley Hopkins
  14. “The Song of Wandering Aengus” by William Butler Yeats
  15. “Je crains pas ça tellment” (“I’m not that scard about”) by Raymond Queneau
  16. “The Naming of Cats” by T.S. Eliot
  17. “The reticent volcano keeps…” by Emily Dickinson
  18. “Она” (“Ona”, “She”) by Zinaida Gippius
  19. “Would I Be Shrived?” by John D. Swain
  20. “Evolution” by Langdon Smith
  21. “Chanson d’automne” by Oscar Milosz
  22. “love is more thicker than forget” by e.e. cummings
  23. “My Three Loves” by Henry S. Leigh
  24. “Я мечтою ловил уходящие тени” (“Ia mechtoiu lovil ukhodiashchie teni”, “With my dreams I caught the departing shadows”) by Konstantin Balmont
  25. “Dane-geld” by Rudyard Kipling
  26. “Rules and Regulations” by Lewis Carroll

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How a Socialist Candidate Plans To Destroy Ecuador’s Currency

rtrltwelve426389

In 2018, Venezuela’s dictator, Nicolás Maduro, got rid of many of Hugo Chávez’s currency and price controls, which were largely responsible for massive food shortages and 2,000 percent annual inflation levels. Now, as Reuters reports, over 50 percent of all transactions for basic goods in the country’s major cities are carried out in U.S. dollars or euros, a figure that rises to 90 percent in cities near the Colombian border. Steve Hanke, professor of applied economics at Johns Hopkins University, argues that all transactions carried out in local bolivares are calculated in terms of the dollar, which has become Venezuela’s unofficial unit of account. In the midst of hyperinflation, Venezuela’s de facto dollarization has provided some monetary stability and a degree of safety for citizens’ savings.

Meanwhile, a socialist politician in another Andean nation wants to lead his country in the opposite direction. In Ecuador, where the U.S. dollar has been the official currency since the year 2000, presidential candidate Andrés Arauz, who won the first round of voting with 32 percent of the vote last month and awaits a runoff on April 7, is a longtime critic of dollarization and has been outspoken about the need to dismantle it. Officially, his opponent has not been named due to an extremely close result for second place amid electoral chaos and accusations of voter fraud. But if Arauz prevails next month, the future of money in Ecuador will be at stake.

Ecuador’s dollarization was the response to an economic crisis that bred political mayhem. Between 1998 and 2007, seven presidents served less than a full term; three of them were ousted from the government by either the legislature or the military. In 2000, then-President Gustavo Noboa decided to fully dollarize the economy as annual inflation levels reached 96 percent. The sucre, the official currency since the 19th century, had lost 115 percent of its value against the dollar between 1998 and 1999. Dollarization, however, was hardly an undisputed alternative; one of Noboa’s predecessors, Abdalá Bucaram, fell victim to a coup when he tried to dollarize, an unpopular option at the time, with 69 percent of the population opposed according to one report.

At the time, one of the most vociferous critics of dollarization was a U.S.-trained economics professor named Rafael Correa. Adopting the dollar, he argued, meant renouncing national sovereignty and the ability to stabilize the economy through monetary policy in times of crisis. In 2007, Correa was elected president. He governed until 2017 under the banner of socialism, having changed the constitution so as to enable his own reelection. Like his ally, Hugo Chávez, he railed against the private sector and took a number of heavy-handed measures to silence critical news media.

While in power, Correa repeatedly referred to dollarization as a costly mistake and touted the importance of a national currency as a tool of “social coordination.” Correa’s main monetary novelty, however, was a government-controlled electronic payment scheme, another part of his legacy that his successor quickly dismantled by removing its control from the central bank. Crucially, Correa never tried overtly to get rid of the dollar, which remains Ecuador’s currency and enjoys outstanding levels of popularity.

Last January, after 21 years of low inflation and stable levels of purchasing power, 88.7 percent of respondents told polling firm Cedatos that Ecuador should not dedollarize in spite of the economic downturn. In fact, holding a currency that local politicians can’t devalue by printing bills as if they were bingo cardsà la Chávez or Robert Mugabe—is the one thing that protects regular Ecuadorians from the inevitable excesses of 21st century socialism. As Ecuadorian economist Dora Ampuero said during Correa’s last term, “dollarization saved us from ending up like Venezuela.”

According to Hanke, Correa was “clever enough as a politician to know that if he got rid of the dollar, that would have been the end of his government.” However, Luis Espinosa Goded, professor of economics at Universidad San Francisco de Quito, argues that Correa’s digital payment system, initially a means to pay government employees, was an underhanded attempt to create an alternative currency. Correa’s government even tried to give away the new money, offering businesses value-added tax (VAT) refunds to adopt it, and spent millions on advertising campaigns for the scheme. The attempt failed after five years, with the equivalent of only $15 million of the new money in circulation according to Espinosa Goded. However, Arauz, whom The Economist calls Correa’s proxy, says that he will set up a similar payment system if he wins.

This concerns strong money advocates, who recall that Arauz, a University of Michigan-trained economist, attacked dollarization as late as last year, even though he now promises to strengthen it. In April 2020, Arauz published a blog post with a detailed plan of how to dedollarize the economy. It contained not only Correa’s trick of using “a means of national payments for national transactions,” but also “increasing internal liquidity, including that of the central bank.” While campaigning, Arauz has said he will spend $8 billion of the central bank’s international reserves, which he assures belong to the state, and he intends to send a $1,000 check to one million families. But laying hands on the central bank’s high-quality foreign assets, besides compromising its liabilities on the balance sheet, is the equivalent of a raid on citizens’ deposits, says Espinosa Goded. Ecuador’s reserves include commercial bank balances as well as those of local governments.

On his blog, Arauz also mentions the need to impose capital controls through a fixed quota set by the central bank and a 27 percent “currency exit” tax, which will be charged to anyone who tries to move money out of Ecuador. According to Hanke, implementing Arauz’s proposal would mean “that dollars held by Ecuadorians would not be freely convertible, since conversion would carry a massive cost.” This measure, which is likely to exert considerable downward pressure on all asset prices, makes Arauz “much more dangerous than people realize,” moreso than even Correa when he was in power. Hanke recalls that Friedrich Hayek, an advocate of competition among currencies, called capital controls “the final suppression of all means of escape” from state tyranny, “not merely for the rich but for everybody.”

If Arauz gains power, any attempt to dedollarize Ecuador likely would face popular resistance, not only because of the dollar’s massive approval in the country, but also because such a move runs counter to 21st century socialism’s latest tendencies, even in Venezuela. The 36-year-old Arauz, however, appears to be less pragmatic and more ideologically driven than the power-obsessed Correa, whose political future hangs in the balance.

Lenín Moreno, the current president and Correa’s former vice president, turned on his old boss over the corrupt practices of Odebrecht, a Brazilian infrastructure company that ran a bribes-for-government-contracts scheme across Latin America. As a result of the scandal, Jorge Glas, who served as vice president under both Correa and Moreno, was sentenced in 2017 for receiving over USD $13 million in bribes.

Moreno also stated publicly that Correa had left him a nearly bankrupt country, with a bloated public sector and USD $60 billion of debt, which amounted to 60 percent of GDP in 2018. He proceeded to take austerity measures, cutting the government payroll—even getting rid of 43 state agencies, among them ministries—and sharply reducing gasoline subsidies. Once COVID-19 hit Ecuador in 2020, the country failed to pay its sovereign debt for the third time since 1999.

Correa, who has called Moreno the greatest traitor in Ecuadorian history and—perhaps even worse from his perspective—a neoliberal, was himself convicted of corruption last year, as he was preparing his fourth presidential run from Belgium, where he lives in exile. Arauz says that, if he were to win, Correa’s sentence would be overturned. Unbiased judges, he claims, suddenly would be free of government pressure against the former president, who, presumably, would be able to run for office again in 2025. The question is whether the U.S. dollar will remain Ecuador’s currency by then.  

Beyond destructive government interference, the future of dollarization in Latin America depends, of course, on the dollar itself. By increasing the M2 money supply by 26 percent in 2020 alone, the Federal Reserve has behaved much like the Latin American central banks that dollarization proponents often criticize, even if the Fed’s monetary expansion remains minuscule compared to that of Venezuela or Argentina, countries with no foreign demand for their currencies. However, Espinosa Goded argues that, in the worst of cases, fully dollarized countries such as Ecuador and Panama—and even semidollarized ones like Peru and Guatemala—are well prepared for a potential downfall of the dollar as the global reserve currency, especially since its citizens are accustomed to using foreign money. Switching to any other type of currency or cryptocurrency that eventually topples the dollar—or the entire fiat-based system—would be relatively simple, he says. 

The debate is certainly not new; individuals have always found ways to protect their assets from government-induced inflation and currency devaluations. As Spanish scholar Juan de Mariana wrote in the 17th century, it was with good reason that, when crowning a monarch, the people of Aragon made their new king swear not to debase their money. Ecuadorians would do well to heed this lesson.

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Poetry Monday!: “Vers dorés” by Gérard de Nerval

Here’s “Vers dorés” (1854) by Gérard de Nerval (1808-1855):

Homme, libre penseur ! te crois-tu seul pensant
Dans ce monde où la vie éclate en toute chose ?
Des forces que tu tiens ta liberté dispose,
Mais de tous tes conseils l’univers est absent….

For the rest of my “Sasha Reads” playlist, click here. Past poems are:

  1. “Ulysses” by Alfred, Lord Tennyson
  2. “The Pulley” by George Herbert
  3. “Harmonie du soir” (“Evening Harmony”) by Charles Baudelaire
  4. “Dirge Without Music” by Edna St. Vincent Millay
  5. “Clancy of the Overflow” by A.B. “Banjo” Paterson
  6. “Лотова жена” (“Lotova zhena”, “Lot’s wife”) by Anna Akhmatova
  7. “The Jumblies” by Edward Lear
  8. “The Conqueror Worm” by Edgar Allan Poe
  9. “Les Djinns” (“The Jinns”) by Victor Hugo
  10. “I Have a Rendezvous with Death” by Alan Seeger
  11. “When I Was One-and-Twenty” by A.E. Housman
  12. “Узник” (“Uznik”, “The Prisoner” or “The Captive”) by Aleksandr Pushkin
  13. “God’s Grandeur” by Gerard Manley Hopkins
  14. “The Song of Wandering Aengus” by William Butler Yeats
  15. “Je crains pas ça tellment” (“I’m not that scard about”) by Raymond Queneau
  16. “The Naming of Cats” by T.S. Eliot
  17. “The reticent volcano keeps…” by Emily Dickinson
  18. “Она” (“Ona”, “She”) by Zinaida Gippius
  19. “Would I Be Shrived?” by John D. Swain
  20. “Evolution” by Langdon Smith
  21. “Chanson d’automne” by Oscar Milosz
  22. “love is more thicker than forget” by e.e. cummings
  23. “My Three Loves” by Henry S. Leigh
  24. “Я мечтою ловил уходящие тени” (“Ia mechtoiu lovil ukhodiashchie teni”, “With my dreams I caught the departing shadows”) by Konstantin Balmont
  25. “Dane-geld” by Rudyard Kipling
  26. “Rules and Regulations” by Lewis Carroll

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Even With a Good Excuse for Government Action, the State Bungled 12 Months of the Pandemic

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Let’s start with some standard classical liberal theory about public health. 

A contagious virus is a matter of public health in its narrower and better definition. It’s not about whether people eat well, exercise, avoid smoking, or otherwise pursue personal health. In a pandemic, our habits have spillover effects—externalities—that can bring catastrophic results for others.

Economists know that negative externalities often get discounted by people who inflict them but don’t suffer from them. That’s why, even for a classical liberal, public health might be a matter for state intervention: Individuals should internalize the costs they inflict on others, and if they don’t, it may be acceptable to compel them to.

Thus classical liberal accounts of state action have often supported the idea that the state should act to prevent contagious disease. And the details? These, purportedly, are a matter for medical science to figure out, and it should go without saying that balancing and judgment will be necessary along the way to preserve a decent quality of life. After all, we’re trying to minimize externalities in aggregate, not just trying to minimize the one externality that we’re newly worried about.

Unfortunately, much action has been well characterized by the old saw, “Something must be done. This is something. We must do it.” The Twitter account @YearCovid, which is doing a one-year retrospective of news about the pandemic, has just helpfully reminded me that at this time last year, the U.K. government was banning private advertisements that urged individuals to buy and use cloth face masks.

That was a terrible idea. But it was something, and something had to be done. The U.K. wasn’t alone; “don’t wear a mask” was also the government-issued message in the U.S., at least at first. And long after it ceased being the message, the fact that it had been the message continued to serve as an excuse to go about life as normal. Which, I hate to say it, was not a good idea either.

Yes, wearing masks became compulsory, and compulsion is bad. But wearing masks in a dangerous respiratory pandemic is good. It remains good even if the government is for it, and even if the government was against it before they were for it. (Libertarians: If the government prohibited farting in a crowded elevator, would you go out of your way to fart in a crowded elevator? To extol the virtues of the elevator fart? To insist on it as a First Amendment right?)

The bungling didn’t end there. The popularity of lockdowns in the West seems to have been inspired by China’s initial efforts to contain and eliminate the virus. Those efforts were futile, and we now know that they were almost certainly doomed to fail. The only countries that have kept the virus out have been islands—which China is not—and they’ve only been able to do so for a limited time.

The fallback strategy of “two weeks to flatten the curve” at best bought a little time while easing the public into lockdowns, and business and school closures, of indefinite length. We were told that a test-and-trace system was in the works, though I doubt it ever really had a chance either. Delays in supplying effective, government-approved tests hurt from the start, and frequent asymptomatic transmission made contact tracing a fool’s errand.

A lot of state action has had little or no net benefit. Some of it has made effective private action much harder; some, as we have seen, has put well-intentioned people in a really awkward dilemma: Do we prefer disease or servitude? And some of it has been deadly—including unconscionable foot-dragging on vaccine approval while over a thousand people a day were dying. Perhaps, in an even better world than ours, the government would just let people medicate as they think best.

From early in the spring of last year, I have held onto two basic ideas: First, the pandemic is real, and it calls for a real response. And second, the most important part of that response, the part that will matter when it’s all over, will be the part that we did voluntarily. I am both pleased and appalled to say I think those views held up pretty well, and next time I hope we can let the more successful part of society, the private sector, take the lead more often.

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