Kevin McCarthy Shows Why the Government Shouldn’t Regulate Social Media

House Majority Leader Kevin McCarthy (R-Calif.) accused Twitter last week of censoring content from Fox News host Laura Ingraham. It turns out that McCarthy’s own account settings were to blame.

On Friday, McCarthy posted a screenshot of an Ingraham tweet that blamed a rise in violent crime in Sweden on migration from the Middle East. The tweet’s content wasn’t showing up “because it includes potentially sensitive content.”

As multiple users pointed out, Twitter was not in fact censoring Ingraham. McCarthy simply had to change his settings to allow “sensitive content.”

Among those who mocked McCarthy for not understanding Twitter was House Minority Leader Nancy Pelosi (D-Calif.):

McCarthy fired back at his Democratic counterpart, claiming she “has no idea what is going on.” The California Republican also argued that Ingraham’s original post shouldn’t have been “considered ‘potentially sensitive content'” in the first place.

This isn’t the first time McCarthy has accused Twitter of an anti-conservative slant. After Vice reported late last month that Twitter was “shadow-banning” several conservative leaders, McCarthy said: “The bias has to stop.” Twitter pushed back on the “shadow-banning” allegations, and CEO Jack Dorsey has maintained that though his individual employees are more likely to lean left, the platform itself does not censor conservatives.

In this case, a McCarthy spokesperson tells the Washington Examiner that he was simply trying to point out the extra step users needed to take in order to see Ingraham’s tweet. But even if we accept that rather loose use of the word censored, a little digging would show that conservatives aren’t exactly the only people running into this problem. The underlying issue here is that Twitter is really bad at identifying “sensitive content,” even as various constituencies demand that it do more to shield them from content they dislike.

But lawmakers like McCarthy don’t care about Twitter’s general inability to curate content competently—not when there’s partisan grandstanding to be done. McCarthy wants to control Twitter, but he doesn’t even understand how the platform works. Add that to the general problem that technology tends to move more quickly than the rules devised to govern it, and this little affair becomes a deeper lesson in the dangers of lawmakers regulating internet platforms.

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Did Ridesharing Kill the D.C. Metro? We Crunched The Numbers.

When the city council in Washington, D.C., approved a plan this year to spend more than $178 million in new annual funding for the Washington Metropolitan Area Transit Authority (WMATA), the money had to come from somewhere. To fund the new transit obligations, the city hiked taxes on ridesharing services such as Uber and Lyft by 500 percent, along with more modest increases to the city’s general sales and alcohol taxes.

Critics complained that the ridesharing tax was unfair: Why should someone who is choosing not to use the D.C. Metro or WMATA buses have to foot the bill for those services? But the city council claimed there was a causal link between the rise of ridesharing and a decline in Metro ridership. WMATA argued that “dedicated funding” was necessary to replace the user fees lost to the private services.

Ridership numbers from the National Transit Database tell a different story. It is true that ridership on the D.C. Metro has declined since Uber first appeared on the scene. But it is the only one of the country’s five largest subway systems to see such a decline since the ridesharing giant arrived in D.C. in December 2011. If ridesharing is killing the D.C. Metro, why have other, similar systems managed to break even or slightly gain riders during the same period of time?

Compared to the New York City Subway, the Chicago “L” train, Boston’s “T” service, and the Bay Area Rapid Transit systems—the only other heavy-rail transit systems in the U.S. to provide an average of at least 10 million unlinked passenger trips per month over the past five years—the D.C. Metro seems to have suffered a much more significant decline.

It’s fair to question whether December 2011 should be the baseline for this comparison. After all, Uber was more of a premium service when it debuted, and was nowhere near as widely used then as it is now. One could also argue, as WMATA spokeswoman Sherri Ly did when Reason approached Metro with this data, that it’s not the launch of Uber that mattered as much as the launch of UberPool, which offers shared rides and significantly lower price points. While Uber and Lyft certainly competed with public transit in their early days, they were (and still are) more analogous to taxi services. It was the advent of pooled rides in August 2014 (both UberPool and Lyft’s Line service appeared in the same month) that really allowed ridesharing services to compete on price with mass transit.

So we ran the numbers a second time, using August 2014 as the baseline.

This time, all five major transit systems have lost riders. Still, the Metro is a clear laggard.

In comments to Reason, Ly argues that the ridership decline could have other causes. She points to the fact that it’s more common for people to work from home these days, and she notes the rise of alternative commuting options such as bikesharing and rental scooters. But telecommuting and e-scooters are hardly exclusive to D.C., so they don’t really answer the question of why the Metro has seen a sharper drop-off than other, similarly sized systems. In any case, the existence of multiple potential causes undermines rather than reinforces the decision to pin the blame on ridesharing and hike taxes on Uber and Lyft users.

And there’s another potential culprit here.

“The biggest driver of Metro’s ridership decline is Metro itself,” says John Kartch, vice president at Americans for Tax Reform. “People have places to go and things to do, and they do not see Metro as reliable, safe, convenient, or even affordable in some cases. People need to get to work on time, and there are only so many broken escalators, long delays, and hot cars they can take before looking elsewhere.”

D.C. is hardly the only city with an unreliable public transit system, but there may be reasons why Washingtonians would be quicker to look for alternatives to the subway. A higher concentration of wealth or the geography of the city—the core of Washington is significantly smaller than Chicago or New York—perhaps makes residents of D.C. more likely to hop on an Uber for a short crosstown trip.

Of course, if the city’s geography or populace are driving the decline in subway ridership, further investments in the subway are unlikely to lure people back. Instead, it makes the transfer of taxes from ridersharing users to the Metro look like a favor to a well-connected agency.

Ly admits that Metro shares some of the blame. “Metro’s year-long emergency safety blitz, called SafeTrack, depressed ridership in 2016 and 2017,” Ly tells Reason.

That’s an ongoing problem. In fact, Metro actively warned riders not to use the Metro for several weeks this summer, since track work has closed part of two lines and caused significant reductions in service along two others. Trains were running more than 10 minutes apart, even during rush hour.

Those recent closures—along with reduced nighttime and weekend service to allow more maintenance work to be done—have no doubt contributed to Metro’s ridership decline. But like the decline itself, they are symptoms of larger problems. Poor planning and years of deferring maintenance on the subway system have forced the WMATA to take actions that further alienate riders and boost alternative means of commuting.

However you want to slice it, those problems are rooted in decisions that WMATA officials made. Does that justify taxing ridesharing services to bail out the Metro?

“WMATA brass and the DC Council think that by virtue of its very existence, Metro is entitled to a certain ridership number,” says Kartch. “And that type of thinking leads to the steep ridesharing tax hike imposed by the Council. Instead of improving service, they raise taxes.”

The data used for this article can be found at the Federal Transit Administration’s National Transit Database here.

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Did This Chicago Teen Commit Suicide or Was He Shot by Police?

|||Terrence Antonio James/TNS/NewscomSteven Rosenthal, a 15-year-old Chicago teen, died at the end of a police chase this past weekend. The Chicago Police Department (CPD) says that Rosenthal committed suicide; his family believes he died at the hands of the cops.

The encounter began on Friday evening. Some officers decided to question Rosenthal after spotting him with a weapon. Rosenthal fled, and the officers pursued on foot. He ran all the way back to his home, where he later died on the back stairwell from a gunshot wound to the head. CPD spokesperson Anthony Guglielmi tweeted that Rosenthal had “tragically used the weapon on himself.”

The Cook County Medical Examiner ruled Rosenthal’s death a suicide, based on unspecified evidence found in an autopsy. Guglielmi also said that video and ballistics evidence showed that the CPD did not fire on Rosenthal. Though there is body camera footage from the incident, ABC 7 reports that the department will not release it until it can be sure that it does not hinder the police investigation.

Rosenthal’s family rejects the CPD’s story, arguing that the shooting was not only out of character but did not match witness statements. They are now demanding an investigation into the cops’ claims. Following the shooting, Terinica Thomas, Rosenthal’s aunt, said, “I need to see evidence. My nephew would never commit suicide.”

“Steven was on the stairwell of his grandmother’s house on the West Side of Chicago when police officers stormed up the stairwell chasing,” Andrew Stroth, a lawyer representing the family, said at a news conference. Stroth cited “several eyewitness accounts” to back up his version of events, concluding that “these officers, without cause or provocation, shot and killed 15-year-old Steven.”

This is not the first time a death has been disputed between police and family. Earlier this year, for example, D.C.’s Metropolitan Police Department and the family of the late Jeffrey Price found themselves at odds over the official explanation for Price’s May death. The cops claimed that Price died after his illegal dirt bike crashed into a police SUV. Witnesses and pictures from the scene, however, indicate that an officer—identified as Michael Pearson—caused the crash when he attempted to cut off the dirt bike with his police SUV.

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Surprise! The Ban on Digital Sex Ads Didn’t Work: Reason Roundup

“We have shut down nearly 90 percent of the online sex trafficking business and ads.” So claimed Rep. Ann Foster (R-Mo.) in a piece of House Judiciary Committee propaganda posted to YouTube last month. In the video, Wagner and other U.S. lawmakers sing their own praises over the passage of FOSTA, the law that makes “facilitating prostitution” online a federal crime. Many politicians and journalists erroneously portrayed the law as a way to punish “child sex traffickers.”

In a new Washington Post Fact Checker column, Glenn Kessler tears apart Wagner’s claim to have “shut down nearly 90 percent of the online sex-trafficking business.” Even if the extent of “online sex trafficking” could be measured by simply counting the number of adult-oriented online advertisements, Wagner’s assertion would still be what her GOP colleagues like to call fake news.

“When asked for evidence, Wagner’s office sent a chart that tracked all sex-related advertising, saying that it showed weekly global ad volume dropped 87 percent from January to April,” writes Kessler. The chart came from Memex, a Defense Advanced Research Projects Agency (DARPA) project that tracks and archives all sorts of sex-work advertising. (“DARPA Memex has since evolved into Tellfinder, managed by Uncharted Software,” notes Kessler.)

But Wagner’s chart shows that “the biggest drop in ads came after the shutdown of Backpage” by the federal government in April—before FOSTA became law. And “what happened after April?” asks Kessler. Wagner’s office wouldn’t share any more data, so the Post turned to DARPA and Uncharted Software for answers.

“It turns out that after that initial drop, advertising for the sex trade appears to have rebounded, such as on new websites that mimic Backpage with names like ‘Bedpage,'” Kessler reports. He gave Wagner’s claims “Three Pinocchios” out of a possible four.

Worldwide ads had a daily average of about 105,000 when [FOSTA] passed on March 21 and had dropped 28 percent by the time Backpage was closed on April 5. It then plunged another 75 percent and reached a low of 19,456 on April 17, for a total decline of about 82 percent.

But on the day the Judiciary Committee posted the video, sex-trade ads were back at about 50 percent of the daily volume before the law had passed; as of Aug. 11, they were at almost 75 percent.

Unchartered Software’s director of research engineering tells the Post that “the volume of ads dropped dramatically after the shutdown of Backpage but has been climbing since. There is now a volume approaching what we observed before.”

Previous Fact Checker columns at The Washington Post have tackled other whoppers politicians tell about sex trafficking, including some false claims made by Wagner:

Wagner, for instance, had claimed that the Justice Department estimated that 300,000 girls in the United States were at risk of being sex trafficked. But it turned out it was not a Justice Department figure but a number plucked out of a stale, decades-old study that had not been peer-reviewed and was largely discredited. We were pleased when many lawmakers stopped using such phony statistics—and anti-trafficking organizations scrubbed them from their websites.

A 2016 study funded by the Justice Department concluded that the total number of juveniles in the sex trade in the United States was about 9,000 to 10,000. The study also found that only about 15 percent of the children relied on pimps and that the average age of entry into the sex trade was 15.8 years.

FREE MINDS

Digital privacy concerns down 11 percent since 2015. Recent political concern for digital privacy has more to do with whipping up concern over scary Russians, the Trump administration, tech companies, and a host of other tangential targets than it does with some newfound committment to allowing the populace to keep secrets or an organic response to the demands of social media users. That last bit gets a boost from a new poll from the National Telecommunications and Information Administration, a part of the Commerce Department. The research shows that Americans were quite a bit less concerned about online privacy in 2017 than they were two years ago. In 2015, 84 percent of those surveyed said they worried about online privacy and security. In last year’s poll, released today, only 73 percent had privacy and security concerns. The percentage who said privacy concerns kept them from certain online activities dropped from 45 percent in 2015 to 33 percent last year.

FREE MARKETS

Will Congress let small businesses be? The U.S. Supreme Court’s recent decision in Wayfair v. South Dakota opened the way for states to demand that solo entrepreneurs and small businesses start collecting state sales tax for online sales, even when the business has no physical presence in that state.

“Because Congress has the constitutional authority to regulate interstate commerce, it is now considering ways to address this newfound taxing authority,” writes Jason Pye at The Hill, suggesting that Congress take the opportunity “to protect small businesses from these taxes….The strength of the American economy depends on it.”

The Wayfair ruling paves the way for states to reach outside of their own borders when they collect taxes. This means that a small business in Texas with just a handful of single customers in New Jersey may soon have to comply with the Garden State’s taxes—and many small business owners regard this development with concern. The fear for many of us is that the power to tax outside of [a] state’s border will only be the beginning, and will be followed by the power to regulate businesses outside [its] jurisdiction.

More here.

QUICK HITS

  • A slew of suits accuse U.S. Customs and Border Protection agents of invasive and unconstitutional searches of female detainees.
  • Iran is turning to cryptocurrencies to get around U.S. sanctions, and this could serve as an excuse for all sorts of new U.S.-government meddling in cryptocurrency markets.
  • Actress Asia Argento, one of the first to come out publicly against producer Harvey Weinstein, “quietly arranged to pay $380,000 to her own accuser: Jimmy Bennett, a young actor and rock musician who said she had sexually assaulted him in a California hotel room years earlier, when he was only two months past his 17th birthday” and she was 37, according to The New York Times.
  • “The death penalty not only inflicts unnaturally cruel punishment, but the application and implementation of the death penalty is, at best, arbitrary and capricious” and therefore violates the state constitution, opines Arizona Supreme Court Justice Lawrence Winthrop, dissenting from colleagues in a recent death penalty case.
  • Libertarians will get to appear first on the South Dakota ballots this year.
  • A former marketing director for Backpage.com accepted a deal from prosecutors. In exchange for pleading guilty to conspiring to facilitate prostitution, Dan Hyer will face a maximum of five years in federal prison and a $250,000 fine and have 50 counts of facilitating prostitution and 17 counts of money laundering dismissed.
  • No jail time for Pennsylvania prosecutor Bill Higgins, who extorted sex from women arrested for drug crimes in exchange for leniency.

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Rounding Up the Science Behind the Monsanto Glyphosate Ruling: New at Reason

Last week, a California state court handed down a $289-million verdict against Monsanto, the St. Louis-based agribusiness titan. The massive jury award to plaintiff Dewayne Johnson, a former school groundskeeper, comes after Johnson and his attorneys argued successfully that his repeated on-the-job use of Monsanto pesticides caused him to develop a terminal case of non-Hodgkin’s lymphoma, a form of cancer.

Monsanto, now part of Bayer after a recent merger, has vowed to appeal the ruling. “Today’s decision does not change the fact that more than 800 scientific studies and reviews—and conclusions by the U.S. Environmental Protection Agency, the U.S. National Institutes of Health, and regulatory authorities around the world—support the fact that glyphosate does not cause cancer, and did not cause Mr. Johnson’s cancer,” said Monsanto vice president Scott Partridge in a statement issued after last week’s ruling that also expressed sympathy for Johnson.

The mountains of studies Partridge cites, writes Baylen Linnekin, place the scientific consensus about the lack of a link between glyphosate and cancer on par with the vast evidence demonstrating the safety of GMOs generally and with the overwhelming consensus that manmade factors cause climate change.

View this article.

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Skeptical of the ‘Common Good’? Don’t Be!

This article originally appeared in the August 6 edition of America: The Jesuit Review.


School children in AfricaI was sitting in a nondescript hotel ballroom, press credential strung around my neck, listening to the opening remarks at a conference in Washington, D.C. On stage, the cartoonishly villainous-sounding Wolf von Laer, the executive director of the group Students for Liberty, leaned into his microphone and announced something he knew would come as no surprise to the audience: Recently, for the first time, extreme poverty had fallen below 10 percent of the global population.

He was hoping to pump up the crowd, and he succeeded. Around me, people erupted into cheers.

A thousand or so college kids and recent grads had gathered for 2017’s iteration of the largest meetup for young libertarians in the world. They would spend the next 48 hours socializing with fellow attendees, scouting job opportunities in the “liberty movement” and watching panel discussions with titles like “Got a Permit for That Bouquet? Why Occupational Licensing Laws Restrict Opportunity” and “How to Defund the Government and Help Your Community: The Arizona Model.” Later, the libertarian activist Matt Kibbe would declare that “changing the world is not only possible, it’s inevitable, if we all do this together.”

One of the widespread misconceptions about libertarianism is that it denies the importance of community—assuming, in the words of the Notre Dame political scientist Patrick Deneen, that “the individual lives, or could live, in splendid isolation” from others. Another is that it preaches a selfish unconcern for the plight of one’s fellow humans, especially the least among us. If these portrayals were correct, the libertarian philosophy would indisputably not be compatible with the Catholic Church’s social doctrine—in particular with its teaching on the common good. But sneaking a peek into that Students for Liberty conference (or, for that matter, reading Reason) should make clear that, in fact, neither of those positions is integral to the libertarian worldview.

One way to think about libertarianism is that it is a political philosophy that prefers voluntary, nonviolent human interactions over coercion. Because government dictates are by nature coercive—we do not get to choose whether to pay taxes or comply with zoning restrictions—libertarians advocate relying on private solutions to problems whenever possible. Civil society institutions—family units and neighborhood groups, labor unions and trade associations, churches and charities—must do the heavy lifting. State interference in people’s lives should be a last resort and then undertaken only for grave reasons.

Consistently applied, this idea has radical implications. As David Boaz of the Cato Institute has put it, libertarians generally believe “the only actions that should be forbidden by law are those that involve the initiation of force against those who have not themselves used force—actions like murder, rape, robbery, kidnapping, and fraud.” Everything else people should be free to work out organically, through trial and error, give and take, pressure and persuasion.

Treating People as Ends, Not Means

Ask a libertarian why we believe what we do and the answer may be rooted in abstract moral principles: We think people deserve to be treated as ends, not means—which is to say we think their autonomy should be respected as long as they are not infringing the rights of others. But very often, the explanation you get will be pragmatic. An honest assessment of reality tells us that maximizing the scope of freedom from government coercion creates the conditions for material progress and human flourishing.

That is not limited to progress and flourishing for a select few. Good-faith skeptics might be surprised to learn how active libertarians have been in the fight to end mass incarceration and advance criminal justice reform in the United States, for example, or how many libertarian groups filed amicus briefs siding with the Little Sisters of the Poor during their showdown over the Obamacare contraception mandate. When on a randomly chosen Saturday in June I visited the homepage of HumanProgress.org, a project of the Cato Institute, three of the featured stories were “Charitable Giving in U.S. tops $400 Billion for First Time,” “Paraguay Declared Free of Malaria by World Health Organization,” and “Zero Carbon Natural Gas: Is This the Solution We Have Been Searching For?”

I came to identify as a libertarian after studying economics in college. I was moved by the realization that market capitalism is the most efficient engine of economic growth the world has ever known. Both theory and empirical observation told me that government regulation is more likely to interfere with this process than it is to correct flaws in the system.

That reality is of great importance to libertarians, who are wont to share a graph depicting global per-capita gross domestic product over time. The curve looks like a hockey stick: It is nearly flat for centuries and then turns skyward suddenly around the time of the Industrial Revolution. As restrictions on trade among countries are loosened following World War II, the trend picks up speed.

When capitalism spreads to new corners of the world—especially as it begins to reach the 7.2 billion residents of India and China—it brings enormous prosperity along with it. In 2016, the World Bank reported that nearly 1.1 billion people moved out of extreme poverty between 1990 and 2013, and that the overall rate of poverty fell by half. As a result, we are living through a decline in global inequality. “This is the best story in the world today,” the World Bank President Jim Yong Kim said in 2015. And it comes as middle-class citizens of more affluent countries are also gaining access to an ever-wider array of foods, medicines, communication technologies, and more.

Though libertarians do not usually speak in theological terms, this surely contributes to the common good—what the Church defines as “the sum total of social conditions which allow people, either as groups or as individuals, to reach their fulfillment more fully and more easily.”

A key aspect of the common good is that “it’s there for us all if it’s there at all,” says David Hollenbach, a professor in the Walsh School of Foreign Service at Georgetown University who has written widely about this aspect of Catholic social teaching. “You can’t take it and divide it up and give everybody a private piece of it—it’s inherently shared.”

Material well-being is part but not all of the story: “An increase in the gross national product is valuable for everybody,” Fr. Hollenbach explains. “But it can get divided up into very definite pieces that some people get part of and some people get none of…. It’s not enough to say the G.D.P. grew and therefore the common good went up if half of the population is starving to death. So there’s a distributive element as well.”

But where are people actually more likely to starve to death, choke on pollution, contract malaria or go without education—in industrialized countries with relatively unencumbered markets or in places that globalization has yet to reach?

“The proof of the pudding is always in the eating,” says Robert Whaples, an economist at Wake Forest University and editor of Pope Francis and the Caring Society (Independent Books). “In the systems where there are more economic freedoms, you see much more rapid economic growth. And if you don’t think economic growth is important, you see a much more rapid drop-off in absolute poverty—and who’s going to argue about that?”

‘The Right Ordering of Economic Life’

All well and good, you may think—but man cannot live by bread alone. Papal teachings are rife with warnings about inequality (“the riches which are so abundantly produced…are not rightly distributed and equitably made available to the various classes of the people”) and the rise of consumerism (we are “slaves of possessions” in a “throw-away culture“). As the Catholic writer Thomas Storck put it at The Destributist Review, “Do we recognize that the fall of our first parents has affected our appetites for external goods just as much as our appetite for sexual pleasure, and that a free-market…is much like free sex or free love, in that both regard the appetites of fallen mankind as fundamental axioms of human behavior”?

For more than a century, the church has held that “the right ordering of economic life cannot be left to a free competition of forces.” Are good Catholics not required, then, to accept government wealth redistribution and other economic regulations—that is, to reject fundamental tenets of libertarianism?

I do not believe we are. The particular program of aggressive public intervention favored by many on the left is not the only answer to social ills. Individuals working creatively through private institutions provide an alternative, and people exercising their values in the market can also be a check on the market.

In the first great social encyclical, “Rerum Novarum,” in 1891, Pope Leo XIII taught that men and women can solve most problems by forming “associations and organizations” and working together in goodwill. Public authorities should step in when suffering “can in no other way be met or prevented,” but they “must not undertake more, nor proceed further, than is required for the remedy of the evil.” Even almsgiving “is a duty, not of justice (save in extreme cases), but of Christian charity—a duty not enforced by human law.”

It is true that the church sees state intervention as at least occasionally necessary. Many libertarians also think government has a (small) legitimate role to play—making sure contracts are enforced and assaults are punished, for example. But more to the point, the church has never tried to enumerate the precise conditions under which government institutions should take over. Official teachings are intentionally vague on this question, calling for “a wise provision on the part of public authority” (without fleshing out what would make an intervention unwise) and “a just and rational co-ordination of public and private initiative” (while leaving lay Christians to make prudential judgments about what such a system might actually look like).

In “Octagesima Adveniens,” in 1971, Pope Paul VI wrote explicitly that “in concrete situations…one must recognize a legitimate variety of possible options. The same Christian faith can lead to different commitments.” Or as Michael Novak and Paul Adams put it in Social Justice Isn’t What You Think It Is (Encounter Books), Christians are impelled to give “a central place” to concern for the poor, but we do not have “a moral mandate to support any particular policy or party line on how best to help the poor.”

While the church’s authority on moral questions is the bedrock, it seems clear that some additional political theory is needed to help us know when government can, should or must leave private individuals and groups to figure things out on their own. Libertarianism is such a theory—one that gives a presumption of liberty to virtually all peaceful behaviors.

The Moral Imperatives of Freedom

To be free is not necessarily to be consumed with oneself. On the contrary, libertarians understand that freedom can be morally, not just materially, empowering. A robust state makes complacency easy: Some far-away institution with billions of dollars at its disposal is responsible for solving that problem, not me. If instead we have a shared expectation that civil society is on the frontlines and that our choices have meaningful consequences, each of us is challenged to step up.

As I was researching this article, a controversy ignited within American politics: News broke that the Trump administration had begun separating immigrant children from parents caught entering the country in unauthorized places, sometimes holding them in detention centers thousands of miles apart. The ostensible purpose was to keep minors from getting caught up in prosecutions, which are being carried out under a “zero tolerance” policy for illegal entrants. But some Trump officials have acknowledged the real goal was to deter future crossings.

This development was a gut punch to me as a Catholic but also as a libertarian. Allowing goods and people to move freely is fundamental to my political worldview. The reasons for that are practical (trade and immigration allow resources of all kinds, from chewing gum to computer programming talent, to move to where they can be most productive) as well as philosophical (because I value liberty, I do not think the government should be able to prevent me from hiring, sharing my home with, buying things from or selling things to another person just because he or she was born in a different country). I doubly oppose such restrictions when they impose human costs on an already suffering population—and if refugees fleeing humanitarian disasters do not qualify, it is hard to imagine who does. Yet the most powerful entity in the world was using force of arms in my name to tear foreigners’ children away from them.

Until someone did something about it. “When I was a boy and I would see scary things in the news,” Mr. Rogers famously said, “my mother would say to me, ‘Look for the helpers.'” In this case, help came from Charlotte and Dave Willner and over 500,000 of their closest friends. That is the number of people who have donated to a fundraiser the couple set up on Facebook to support the Refugee and Immigrant Center for Education and Legal Services (RAICES). They hoped to crowdfund $1,500, the minimum needed to post bail for someone detained at the border. To that end, the name of the page was “Reunite an immigrant parent with their child.”

Eight days later, the couple had raised more than $20 million. By the time you read this article, the total will likely be much higher.

I tried to get in touch both with the Willners and with RAICES, but understandably—since it takes time and energy to process an outpouring on such a scale—I did not get a response. When the page had been active for less than 72 hours, however, the legal aid group posted an emotional message of gratitude: “We’ve been occasionally crying around the office all day when we check the fundraising totals,” it read. “This is such a profound rejection of the cruel policies of this administration.”

The incredible show of solidarity did more than provide money for a worthy nonprofit. With his executive order on June 20, President Trump partially backtracked on family separation. Parents are still being prosecuted, but they will now be held together with their children if possible. Though far from perfect, it is a start.

People often stare, eyebrows cocked skeptically, when libertarians say individual initiative and private generosity can be better than government largesse at solving collective problems. The doubters exhibit too little faith in the human capacity for miracles of caritas. Acts of kindness, small and large, are happening all the time for those with eyes to see. And they would happen more and perhaps in even grander ways if people were not frequently desensitized to injustice by the presumption that whatever can be done is already being done by the state.

‘A Society of Liberty Under Law’

According to the Catechism of the Catholic Church: “Every human person, created in the image of God, has the natural right to be recognized as a free and responsible being. All owe to each other this duty of respect. The right to the exercise of freedom, especially in moral and religious matters, is an inalienable requirement of the dignity of the human person. This right must be recognized and protected by civil authority within the limits of the common good and public order.”

Compare that to the following from the Cato Institute’s Boaz: “Libertarian thought emphasizes the dignity of each individual, which entails both rights and responsibility….It is not a claim that ‘people can do anything they want to, and nobody else can say anything.’ Rather, libertarianism proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others.”

In fact, there is significant overlap between what the church proclaims and what libertarians believe—which is startling, given that only about one in 10 libertarians identifies as Catholic.

Richard D. Mohr, a professor emeritus at the University of Illinois, once wrote in Reason that “we believe that government exists for the sake of the individual, rather than that the individual is to be viewed as a resource for society.” Is that really so different from Pope John XXIII’s “one basic principle” articulated in “Mater et Magistra,” that “the individual is prior to society and society must be ordered to the good of the individual”?

To be clear, I am not saying libertarianism provides a complete and accurate picture of human anthropology. As I define it, libertarianism is merely a philosophy of government. It tells us about the proper role of the state, that entity Max Weber defined as holding a monopoly on violence. It cannot answer the far more numerous and consequential questions about how to “live well” in the private sphere.

There are, admittedly, disagreements among libertarians on a number of important questions. Some think we should not just limit the size and scope of government but abolish it altogether. They are called “anarcho-capitalists.” A few believe people are never morally obligated to sacrifice themselves for the benefit of others. They are called “Objectivists.” And so on. But these are all strains within a larger philosophical tradition. The common ground is a commitment to maximizing freedom from government coercion.

Critics sometimes aver that libertarians think interpersonal bonds “have to be cut” because they “limit freedom,” to borrow Pope Francis’ words. They think we deny that humans are social creatures who need each other in manifold ways. After nearly a decade in the liberty movement, I can say that this is simply not an accurate description. As Virginia Postrel, a former editor in chief of Reason, has put it: “The market is liberating. But it is not, as its critics charge, ‘atomistic,’ except in the sense that atoms have a tendency to form molecules, which in turn create larger structures.”

Libertarians extol capitalism because it provides a framework for people to interact peacefully and achieve mutually beneficial outcomes. (Have you ever noticed that after a commercial exchange, each party instinctively thanks the other?) As proud globalists, we want people who are struggling to escape desperate, backbreaking poverty to get the same material opportunities we are lucky enough to have. There is a thoroughly moral dimension to our worldview that is hard to miss when observed with an open mind.

In the final analysis, libertarians see the human person as worthy of respect. For the most part, they do not recognize the deeper truth: that this is so because we are made by God in His image and are incomparably valuable to Him. But in a real sense, without meaning to, libertarianism takes that idea more seriously than most other political philosophies.

In 1981, the free-market economist Julian Simon published The Ultimate Resource. His book challenged the notion, advanced over centuries by people like Thomas Malthus and Paul Ehrlich, that overpopulation would eventually deplete the planet and lead to mass starvation. Simon took a radically different view, writing that “population growth is likely to have a long-run beneficial impact on the natural-resource situation.”

Though he was not Catholic, his reasoning has a remarkably Catholic quality to it. Simon believed in the immense potential of human ingenuity to address social problems. The bigger the challenge, the greater the incentive to find a creative solution. It follows that government attempts to curb fertility are deeply misguided if not immoral in themselves, the product of a “complete lack of imagination” on the part of lawmakers—because more people means more brains working away at making the world a better place.

“Our capacity to provide the good things of life for an ever-larger population is increasing as never before. Yet the conventional outlook—perhaps because of a similar lack of imagination—points in exactly the opposite direction,” he wrote. The doomsayers “do not imagine the adjustments that individuals and communities,” left to themselves, can make.

Libertarians believe that a program of freedom redounds to the benefit of us all. It fosters peace and prosperity while creating vast space for intellectual and moral pursuits. One might even say, in the words of the catechism, that it helps produce the “conditions which allow people, either as groups or as individuals, to reach their fulfillment more fully and more easily.”


Listen to me discuss this story on the Cato Daily Podcast yesterday and Sirius XM’s Catholic Channel on Wednesday of this week.

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Massachusetts Cop Pleads Guilty to Pocketing $11,000 for Hours He Didn’t Work

|||Bob DeChiara/USA Today Sports/NewscomA Massachusetts state trooper is pleading guilty to pocketing $11,000 in overtime pay for hours that he didn’t actually work.

NBC Boston reports that Kevin Sweeney, 40, of the Massachusetts State Police (MSP) found a way to game the system in order to receive extra money for shifts that he either left early or did not work at all. As United States Attorney Andrew E. Lelling told WCVB, “Sweeney concealed his fraud by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts.”

Of the $249,407 Sweeny received in 2015, overtime pay accounted for $111,808 of it. Of the $218,512 he earned in 2016, overtime pay made up $95,895.

Sweeney entered a guilty plea to one count of embezzlement from an agency receiving federal funds and to one count of wire fraud. According to MassLive, he is the sixth Massachusetts state trooper to be charged with such crimes and the second to plead guilty. The others charged include Lieutenant David Wilson, 57, Trooper Gary Herman, 45, former Trooper Paul Cesan, 50, retired Trooper Daren DeJong, 56, and Trooper Gregory Raftery, 47 (Raftery entered a guilty plea). All of the troopers were charged with the same crimes as Sweeney.

“Today’s announced plea agreement is a direct result of the department’s work to restore transparency and ensure accountability,” MSP wrote in a statement. “Under the leadership of Colonel Gilpin, the State Police will continue to audit earnings from discretionary overtime and, as we did in the case resolved today, provide results to federal and state prosecutors.”

A state police audit led to the discovery of the misconduct, reports Boston 25 News. The activities of over 40 MSP members are now under scrutiny.

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Alexandria Ocasio-Cortez Bans Reporters From Public Town Halls

Democratic socialist House candidate Alexandria Ocasio-Cortez banned reporters from attending several of her public town hall events this week.

Ocasio-Cortez, who shocked the political world by defeating Rep. Joe Crowley (D–N.Y.) in June’s Democratic primary, held sessions with constituents of New York’s 14th Congressional District on Sunday and Wednesday. But while she tweeted out some details about the town halls, she didn’t let members of the media attend in person, according to the Queens Chronicle.

The candidate’s campaign manager, Vigie Ramos Rio, tells the Chronicle the ban was implemented after reporters “mobbed” her last week following a community meeting. The campaign had apparently made it clear there would be “no Q&A and no one-on-one [interviews].”

Corbin Trent, communications director for the campaign, said that was what led to the media ban. “We wanted to help create a space where community members felt comfortable and open to express themselves without the distraction of cameras and press. These were the first set of events where the press has been excluded,” Trent tells the Chronicle. “This is an outlier and will not be the norm. We’re still adjusting our logistics to fit Alexandria’s national profile.”

But many on Twitter weren’t buying it:

Trent later told The Washington Post that the campaign won’t ban reporters in the future. “It’s not been a policy of the campaign,” Trent said. “It won’t be the policy of the campaign.”

Banning reporters isn’t a good look for a politician, particularly one with as high a profile as Ocasio-Cortez. And if she wants to serve in Congress, she’d better get used to being hounded by the press.

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Will California’s Proposed Bail Reforms Lead to More People Behind Bars?

Reason bail reform coverSupporters of bail reform are turning against a California bill that they initially helped craft, fearing changes in the legislation could actually lead to increased jailing of those who are awaiting trial.

California is looking to follow in the footsteps of states like New Jersey and Alaska and eliminate as much as possible the use of cash bail to decide who is detained in jail awaiting trial. The overdependence on cash bail in our pretrial justice system has led to hundreds of thousands of Americans sitting in jail cells who haven’t yet been convicted and are not deemed dangers to the community or flight risks; they simply cannot afford the bail money the courts have demanded.

SB10, introduced in California last year, would replace cash bail schedules with a risk assessment and pretrial system in which courts would determine who is jailed prior to trial on defined dangers to the community or flight risks, not on money. The goal would be to detain only those that the courts worry would either skip out on trial or potentially hurt other people if they were free.

This would be a huge change in the way many courts in California operate, and there are some challenges here. Eliminating cash bail can mean many more poor people don’t have to languish in jail (disrupting their lives and livelihoods) waiting for trial. But it also means judges and courts are granted the power to detain people with no way of seeking release at all. This can end up backfiring. In Maryland, where judges were told to reduce their reliance on cash bail, some communities (Baltimore in particular) saw an increase in the number of people who were being detained in jail prior to trial.

Criminal justice reform advocates are therefore very particular in how they want to see the pretrial system reformed. The goal is to get more people out, not leave more people stuck. These advocates were involved in crafting SB10. But the text of the bill since it was first introduced has been changed. And those changes have caused some who helped craft the bill in the first place to either turn against it or at least turn away from it because they fear it will now lead to greater numbers of Californians being held in jail while waiting for trial.

Central to this fear are any potential biases that could be introduced by whatever assessment tool is used to calculate the risk involved in releasing a defendant prior to trial. Civil rights group fear that an overdependence on algorithmic mechanisms to calculate a defendant’s risk factor can—when ineptly applied—instead reinforce the same systemic biases that have led to the pretrial incarceration problem in the first place. Some assessment tools that operate on the basis of demographic data—where a person lives, employment status, nonviolent crime history—stick a person in a higher risk category partly because of past biased policing practices. A pack of civil rights and criminal justice reform organizations recently signed onto a letter expressing their fears about reliance on assessment tools and explaining six principles they want used to make sure that these tools didn’t continue to perpetuate biases that keep poor minorities trapped in jail even before they’ve been convicted of a crime.

The American Civil Liberties Union of California, one of the groups involved in crafting SB10, put out a statement yesterday withdrawing support for the bill because the new changes seem to run into this problem. The bill does call for the creation and implementation of assessment tools that would reduce biases in the decision process, and it will require the collection of demographic data about race and gender and other factors to determine whether these pretrial decisions are being made fairly. But it vests all the power over the development and implementation of these assessment tools to the courts themselves. California’s Judicial Council, the policy-making body of the state’s court system, will be calling the shots.

This is not how many bail reformers want to see change happen. The ACLU wants the development and implementation of these assessment tools to be more independent of the state’s judicial system. Natasha Minsker, the center director for the ACLU of California Center for Advocacy and Policy, explained why the ACLU was no longer supporting the bill and is now taking a neutral stance:

Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.

Jeff Adachi, a public defender in San Francisco, is taking a harder line than the ACLU. He thinks SB10 will actually make problems worse. He believes the bill gives judges far too much power to detain defendants prior to trial. As he writes in the San Francisco Chronicle:

The legislation would also undermine our constitutional right to equality before the law by sorting defendants using crude “risk assessment” tools that are notoriously biased against people of color and the poor. It would then erode due process rights by granting judges overly broad powers to throw these people in jail before trial without input from defense attorneys or the community.

This fracture among reform advocates, combined with the bail industry lobbying hard against the bill, might make it tough to pass.

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