Watch Matt Welch Debate Pot Prohibitionists Tonight at 10 p.m. on Hannity

At 10 p.m. ET, Fox News host Sean Hannity
will host another of his week-long series entitled “Stoned in
America.” As the name suggests, there is a built-in skepticism
about recreational marijuana being legal. The show features a panel
of about two dozen commentators, and I am a vocal part of the
outnumbered legalize-it caucus. I don’t know how the thing
will play on television, but it was a pretty amazing exchange in
the room, and I suspect that Hit & Run readers might find it of
interest….

from Hit & Run http://ift.tt/1iO7LTA
via IFTTT

Amending the First Amendment: What Could Possibly Go Wrong?

After the
Supreme Court overturned restrictions on political speech by unions
and corporations in the 2010 case
Citizens United v. FEC
, Harvard law professor Lawrence
Lessig proposed a solution: a narrower First Amendment. Lessig
suggested an amendment stating that “nothing in this Constitution
shall be construed to restrict the power to limit, though not to
ban, campaign expenditures of non-citizens of the United States
during the last 60 days before an election.” When I
asked him
whether that amendment would authorize censorship of
speech by corporate-owned news outlets, he reacted as if the
possibility had not occurred to him. “It might well be important to
make sure that nothing is intended to weaken or to draw into
question the immunity granted by the First Amendment to the press,”
he said. “But that’s certainly not my intent.” I was amazed that
Lessig, an avowed champion of free speech, could so blithely
propose to amend the First Amendment without considering the
potential for unintended consequences. New York
Times
 legal writer Adam Liptak recently had a
similar exchange
with former Supreme Court Justice John Paul
Stevens, who wrote the dissent in Citizens
United
 and is promoting his new book Six
Amendments: How and Why We Should Change the Constitution
:

One of those amendments would address Citizens United, which he
wrote was “a giant step in the wrong direction.”

The new amendment would override the First Amendment and allow
Congress and the states to impose “reasonable limits on the amount
of money that candidates for public office, or their supporters,
may spend in election campaigns.”

I asked whether the amendment would allow the government to
prohibit newspapers from spending money to publish editorials
endorsing candidates. He stared at the text of his proposed
amendment for a little while. “The ‘reasonable’ would apply there,”
he said, “or might well be construed to apply there.”

Or perhaps not. His tentative answer called to mind an exchange
at the first Citizens United argument, when a government
lawyer told the court that Congress could in theory ban books
urging the election of political candidates.

Justice Stevens said he would not go that far.

“Perhaps you could put a limit on the times of publication or
something,” he said. “You certainly couldn’t totally prohibit
writing a book.”

As you may recall, the First Amendment that Deputy Solicitor
General Malcolm Stewart had in mind when he said banning books
would be constititional—an answer that seemed to be a
turning point
in the case—was the unimproved version, the one
that rules out any law “abridging the freedom of speech, or of the
press.” Imagine how much fun government lawyers could have with the
versions of the First Amendment preferred by Lessig and
Stevens.

As Damon Root
noted
last week, Stevens also wants to fix the Second
Amendment.

from Hit & Run http://ift.tt/1jPHMJB
via IFTTT

Arizona Supreme Court Makes It Harder to Convict Unimpaired Pot Smokers of DUID

Yesterday the
Arizona Supreme Court
ruled
that people whose blood contains a secondary, inactive
byproduct of marijuana can drive without violating state law. That
means cannabis consumers are less likely to be charged with driving
under the influence of a drug (DUID) when they are not actually
impaired.

Arizona, one of seven states with a “zero tolerance” DUID law,
forbids driving by anyone whose body contains any amount of an
illegal drug “or its metabolite.” The question for the Arizona
Supreme Court was whether “its metabolite” includes carboxy-THC,
which is not psychoactive and can be detected up to a month after
consumption of cannabis. The court deemed the phrase ambiguous,
since it could be understood as referring only to hydroxy-THC, a
primary metabolite that is psychoactive. In light of the
legislature’s aim to prevent impaired driving, the court
said
, that interpretation makes more sense, especially since
the alternative, including any chemical trace left by the
metabolism of an illegal drug, would lead to “absurd results”:

This interpretation would create criminal liability
regardless of how long the metabolite remains in the
driver’s system or whether it has any impairing effect. For
example, at oral argument the State acknowledged that, under
its reading of the statute, if a metabolite could be detected
five years after ingesting a proscribed drug, a driver who
tested positive for trace elements of a
non-impairing substance could be prosecuted.

The broader interpretation would therefore “criminalize
otherwise legal conduct”: medical use of cannabis permitted by
state law. “Because Carboxy-THC can remain in the body for
as many as twenty-eight to thirty days after ingestion,” the
court noted, “the State’s position suggests that a
medical-marijuana user could face prosecution for driving any
time nearly a month after they had legally ingested marijuana.”

The court noted that a broad reading of “its metabolite” could
have absurd results when applied to other drugs as well:

This interpretation would allow the prosecution of an individual
who drives after ingesting a legal substance that shares a
non-impairing metabolite with a proscribed substance. For example,
serotonin, a legal substance, and the proscribed drug bufotenine [a
psychedelic found in fly agaric mushrooms and the skin of certain
toads] share a common metabolite, 5-hydroxindoleactic acid
(“5-HIAA”)….Under the State’s interpretation of “metabolite,” it
could prosecute a driver who had 5-HIAA in his or her system after
ingesting a legal serotonin supplement or, for that matter, whose
blood contains 5-HIAA as a byproduct of naturally produced
serotonin.

This decision is reminiscent of a 2010 ruling
in which the Michigan Supreme Court narrowly interpreted that
state’s zero-tolerance DUID law, which says a person may not drive
“if the person has in his or her body any amount of a controlled
substance listed in schedule 1,” which includes marijuana, THC, and
“their derivatives.” The Michigan Supreme Court said carboxy-THC
does not count as a “derivative.”

Despite these rulings, it is still possible for unimpaired
marijuana consumers to be convicted of DUID in Arizona and
Michigan, since any amount of active THC in the blood will suffice.
In fact, such convictions are possible even under less strict per
se standards, such as Washington’s new
rule
equating five nanograms of THC per milliliter of blood
with impairment, which makes it illegal for many medical users to
drive even when they are perfectly capable of doing so safely.
Given variation in the way people respond to psychoactive
substances (including alcohol) , per se standards are bound to
unfairly tar some people as public menaces That is a good reason to
require additional proof of impairment—unless you are using road
safety as an excuse to punish people for consuming politically
incorrect drugs, in which case per se (and ideally zero tolerance)
is the way to go.

from Hit & Run http://ift.tt/1gRQ95d
via IFTTT

Elderly Man Calls 911 to Get Ambulance for Wife, Says Police Beat Him Up Instead

called 911 for an ambulance, got a beatingIn a town called Humansville, in
Missouri, an elderly man called 911 to get an ambulance for his
wife, who suffers from dementia. Tragically, you’ll believe what
happened next. Via
local ABC affiliate KSPR
:

When police got there [first], “police car drove up, he
bailed out ran over and knocked me down. He told me to get up, I
told him I couldn’t,” he explained.

That’s when [Elbert] Breshears says police got aggressive. “First
thing, I know they grab me, threw me out there on the gravel. One
of them sat down on my back, the other sat down on my head. They
were trying to get handcuffs on me. I told them I can’t get my
hands up. I have no objection to being handcuffed,” says
Breshears.

By then paramedics arrived. Breshears says he and his wife were
taken to the hospital. A doctor looked him over.

Cops claimed the elderly man attacked them. The mayor of
Humansville and the police chief both declined to be interviewed on
camera by KSPR, though the police chief spoke with the news station
over the phone. He said Breshears would be charged with abuse of
the elderly, resisting arrest, and assault on a police officer.
Breshears denies ever hitting his wife of 47 years.

h/t toddb

from Hit & Run http://ift.tt/1mAs73k
via IFTTT

Tonight on The Independents: Mystery Meat Wednesday, With Praise for Canada, BLM Commentary From Chuck Woolery, Income Inequality, Julie Borowski, Armenian Genocide, a Libertarian Quiz for John Bolton, and Two Minutes Hate!

Wha happen? |||We
never promised it wouldn’t be a weird television show….Tonight on
The
Independents
(Fox Business Network, 9 p.m. ET, 6 p.m. PT),
you will see the following things:

* Game show
legend
Chuck
Woolery
talking about a
rumored
Bureau of Land Management
land-grab
on the Texas-Oklahoma border.

* Former U.S.
ambassador
to the United Nations John Bolton
subjecting himself to a libertarian-policy quiz on
domestic policies.

* Beloved Internet libertarian Julie Borowski joining

Fox Business Network reporter
Jo Ling Kent on the Party Panel
to talk about A) whether Canada’s rising middle class is due to
lefty-approved
income-inequality politics
or righty-favored government-slashing;
B) news that the FBI is
using no-fly lists
to pressure Muslims into becoming
informants; and C) New York Mayor Bill De Blasio
backtracking on his horsey ban
.

Oh, Bernie! |||* Me
talking about my
favorite obscure issue
: How the Obama administration tomorrow
will
once

again
flout
his repeated,
plaintive
promises to recognize the 1915-23 Armenian genocide by using the
word “genocide” on April 24’s Armenian Remembrance Day, because

Turkey
is more important to U.S.
foreign policy interventionists
than Armenia is.

* And your favorite segment, Two Minutes Hate! With a very, ah,
different looking Bernie Maxsmith.

Check out the show’s Facebook page,
follow us on Twitter, and click
here for
video of past segments.

from Hit & Run http://ift.tt/1mFdezo
via IFTTT

J.D. Tuccille on the Security State and Institutionalized Fear

Boston Marathon securityOne year after a bloody bombing that made
international headlines, the Boston Athletic Association, organizer
of the Boston Marathon, was blunt about the new environment
surrounding what was once a fun outing. “Spectators approaching
viewing areas on the course, or in viewing areas on the course, may
be asked to pass through security checkpoints, and law enforcement
officers or contracted private security personnel may ask to
inspect bags and other items being carried.” Similar measures are
appearing at many of America’s high-profile events and public
places.

But the move toward checkpoints and bans may be precisely the
wrong response to a rare, but fluid danger, writes J.D. Tuccille.
Armed police can’t protect every possible target. Empowering people
to respond to rare terrorist attacks may be safer, and allow us to
live without institutionalized fear.

View this article.

from Hit & Run http://ift.tt/1iMXSWf
via IFTTT

Chelsea Manning’s Name Change Is Official, SCOTUS Limits Child Porn Restitution, Georgia Loosens Gun Laws: P.M. Links

  • She can still control her identity, if not her circumstances.A judge has ruled in favor of
    legally allowing
    Chelsea Manning
    to change her name from Bradley and for her
    birth certificate to be amended as such. This doesn’t obligate the
    Army to treat Manning as a woman, and she’ll remain imprisoned at
    Fort Leavenworth, a male-only facility.
  • The Supreme Court has ruled to
    limit how much restitution
    victims can demand from people who
    possess child pornography but were not responsible for producing
    it.
  • Georgia’s governor has signed a
    gun rights law
    that allows licensed owners to carry their
    weapons in more places, including schools, bars, churches, and some
    government buildings.
  • More than 60 have been killed in a
    train derailment
    in the Democratic Republic of Congo.
  • Google maps now allow viewers to see
    earlier versions of street view images
    taken over the past
    seven years. Google plans to continue allowing users to see old
    photos as they move forward and take new ones.

  • Amazon has struck a deal with HBO
    to stream some of the premium
    cable network’s content, but not any of its newer stuff like
    Game of Thrones. If you’re looking for some
    Arli$$, though, there’s good news!

Follow us on Facebook
and Twitter,
and don’t forget to
sign
up
 for Reason’s daily updates for more
content.

from Hit & Run http://ift.tt/1iMXLKt
via IFTTT

Peoria Mayor Thinks Outrage Over City’s Raid on Twitter Parodist Is Everybody’s Fault Except His

Stupid Jim Ardis, stupid mayor of Peoria, Illinois, looking stupid.When Peoria, Illinois, Mayor
Jim Ardis responded to a parody Twitter account by
calling out the police
, the story quickly went wide nationally,
and he became the butt of even more jokes and additional parody accounts.

He regrets nothing, though, and seems to think a parody of him
violates his right to free speech. His response and the
subsequent police raid became a big issue at Tuesday night’s city
council meeting. A Peoria Journal Star reporter was
in
attendance
:

“I still maintain my right to protect my identity is my right,”
Ardis said in an interview with the Journal Star before
the council meeting.

“Are there no boundaries on what you can say, when you can say
it, who you can say it to?” Ardis said. “You can’t say (those
tweets) on behalf of me. That’s my problem. This guy took away my
freedom of speech.”

Perhaps his stated concern about the profane nature of the
tweets makes him unfamiliar with the seminal Hustler
Magazine, Inc. v. Falwell
Supreme Court decision that
parody is a protected form of free speech. No doubt a man as pure
and clean as him would never touch an issue of Hustler or
read anything about it. But anyway, he has it exactly backward, and
everybody seems to get it except for him and his local police
department. Even the Peoria City Council members appeared a bit
aghast at his behavior, the subsequent raid, and the unrelated drug
arrest that resulted, especially when the story went national.

[Council member Jim] Montelongo said the episode represented an
abuse of Ardis’ authority, as well as the police department’s.

“There was too much power of force used on these pranksters,”
said Montelongo, the 4th District councilman. “It made it look like
the mayor received preferential treatment that other people don’t
get or will never get.”

Ardis, though, has decided to blame the media:

Ardis said the situation provides an opportunity to discuss the
proper limits of commentary on social media. He also said the news
media is responsible, in part, for the problem.

“You’re the ones responsible for getting full information, but
not to spin it in the way you want to spin it,” Ardis said to a
Journal Star reporter. “To make us look stupid.”

“It’s your responsibility to put actual information out there
and cover both sides. Not to opine. And that didn’t happen.
Clearly, that didn’t happen.”

Clearly, that didn’t happen. So in the spirit of Ardis’
complaint, I hope he clicks on the link to the Hustler
case above so he can avoid future situations where the media makes
him look stupid for being a person in a position of power who
apparently knows very little about the First Amendment.

from Hit & Run http://ift.tt/1jP3mxQ
via IFTTT

Behold the Democratic Future, Boasts Jonathan Chait, Because Suspicion of Government Is Racist

Jonathan ChaitOver at New York
Magazine
, which today suffered a website crash that
temporarily lowered Internet smug levels by a measurable degree,
Jonathan Chait
makes the bold claim
that the Democratic Party is entering a
period of dominance. His argument is partially rooted in favorable
ethnic and generational trends that have much to do with the
relative skills of the two major parties in enticing new
voters—something that can confer a very real, but hardly pemanent
advantage. But Chait also proclaims victory for the donkey party
because, he says, “America’s unique brand of ideological
anti-statism is historically inseparable…from the legacy of
slavery,” and who wants anything to do with that?

It’s tempting to say “what the fuck?” and take Chait’s argument
as an exercise in self-congratulatory lunacy—part of the attempt to
declare
an argument over, and further debate illegitimate
—that has
become so popular recently.

But Chait links to an earlier piece of his that is both more
nuanced and very revealing of a hermetically sealed cultural and
intellectual hothouse, one that can make it easy to assume a
natural march to victory by his side and inevitable defeat for his
opponents.

In “The
Color of His Presidency
,” an analysis of the (alleged) racial
politics undergirding support and opposition for the Obama
administration, Chait acknowledged the limits of tying everything
the right/Republicans (he tends to group people as “Democrat” and
“Republican” and dismiss independents as really one or the other)
do and believe to racism.

Yet here is the point where, for all its breadth and analytic
power, the liberal racial analysis collapses onto itself. It may be
true that, at the level of electoral campaign messaging,
conservatism and white racial resentment are functionally
identical. It would follow that any conservative argument is an
appeal to white racism. That is, indeed, the all-but-explicit
conclusion of the ubiquitous Atwater Rosetta-stone confession:
Republican politics is fundamentally racist, and even its use of
the most abstract economic appeal is a sinister, coded missive.

Impressive though the historical, sociological, and
psychological evidence undergirding this analysis may be, it also
happens to be completely insane. Whatever Lee Atwater said, or
meant to say, advocating tax cuts is not in any meaningful sense
racist.

Chait then documents some of the more thoroughly dishonest
attempts to attribute racist motives to conservatives, especially
by MSNBC, whose commentators apparently see hidden hoods in every
elephant lapel pin. He also discusses that network’s special
ability to get under thin GOP skin.

And it’s here that we go back off the rails, as we discover that
the Republican Party is somehow no longer mainstream and part of
American culture.

It exposed a sense in which their entire party is being written
out of the American civic religion. The inscription of the
civil-rights story into the fabric of American history—the
elevation of Rosa Parks to a new Paul Revere, Martin Luther King to
the pantheon of the Founding Fathers­—has, by implication, cast
Barack Obama as the contemporary protagonist and Republicans as the
villains.

He later adds:

The unresolved tension here concerns the very legitimacy of the
contemporary Republican Party. It resembles, in milder form, the
sorts of aftershocks that follow a democratic revolution, when the
allies of the deposed junta—or ex-Communists in post–Iron Curtain
Eastern Europe, or, closer to the bone, white conservatives in
post-apartheid South Africa—attempt to reenter a newly democratized
polity.

Chait then goes on to pseudo-scientifically do what he seemed to
criticize just paragraphs earlier: link support for not just
Republicans but also for small goverrnment ideas to America’s
history of slavery. He does this based on one study of
political habits and history
in counties of the Old South.

And here we are again: No need for debate, it’s all about
internalized racism.

What does this have to say about conservatives in New Hampshire
or libertarians in Arizona? Who the hell knows.

Chait is very much a Red Team vs Blue Team thinker—deep down,
you’re one, or you’re the other. He marinates at New York
Magazine
, among like-minded thinkers, for whom small
government ideas and the Republican Party have largely been
“written out of the American civic religion.” Everybody who
disagrees is tainted by slavery in Mississippi.

Never mind that the president’s
approval ratings are kind of crappy
 and below average
compared to his predecessors, or that
both major parties are viewed unfavorably by a majority of
Americans
. That civic religion may not have quite the saints or
shrines that Chait assumes.

This is not to say that Republicans are incapable of their own
very real bouts of stupidity. When it comes to nominating
cringe-worthy candidates
, the GOP is perfectly capable of
fulfilling MSNBC’s fever dreams. It often does seem firmly fixed in
an unattractive authoritarian past, even as younger Americans are
receptive to arguments about the
size of government
, the
unworkability of Obamacare
, and the
superiority of private charity to government spending
.

Coupled with their tolerant social views,
millennials would appear to be pointing more toward a libertarian
future
than a liberal or conservative one. If only one or both
of the major parties would make a real play for that
constituency.

Which is to say, if Republicans are capable of bouts of
stupidity, so are liberal pundits.

from Hit & Run http://ift.tt/RMoDRt
via IFTTT

David Cameron Was Right When He Called the U.K. a ‘Christian Country’

British Prime Minister David
Cameron has caused a minor controversy in the U.K. by writing in
the
Church Times
that “I believe we should be more
confident about our status as a Christian country.” After the
article was published, 50 public figures signed a letter to

The Daily Telegraph
objecting to Cameron’s article,
saying:

Apart from in the narrow constitutional sense that we continue
to have an established Church, Britain is not a “Christian
country”. Repeated surveys, polls and studies show that most of us
as individuals are not Christian in our beliefs or our religious
identities.

Unlike the American president, the British head of state (Queen
Elizabeth II) is the head an established church (the Church of
England). However, as the signatories of the letter to The
Telegraph
rightly point out, most Britons “are not Christian
in our beliefs or our religious identities.”

As the chart below from
The Washington Post
based on 2011 British census
data—shows, almost 60 percent of Britons identify as Christian, and
a little over 25 percent are not part of a religion.

The Washington Post goes on to mention that according
to the results of the 2013 British Social Attitudes Survey, 48
percent of Britons did not belong to a religion. In 2013, the
Church of England
said that church attendance rates were “stabilising” after years of
decline, with 1.1 million attending weekly services in 2011. The
U.K. has a population of almost
64 million
. The
British Humanist Association
claims that many Britons identify
as religious for cultural reasons, not because they believe in
religious metaphysical claims.

While it might be the case that the British are not very
religious, it is hard to deny that the U.K. and its institutions
are drenched in religious history and culture, as Harry Cole
explained in The Spectator:

Leaving aside the fact that 59% of the UK population
self-defines as Christians, we need only look at our institutions
and state structure to see how bizarre this row has been. England
has an established church. English bishops sit in our Parliament. A
glance around the rim of our £1 coin will show you that our Head of
State has another far more interesting title – Defender of the
Faith. The Left weren’t so snooty about the Archbishop of
Canterbury, our state-declared spiritual leader, when he was
defending foodbanks.

We have a constitutional framework, legal system and legislature
that is built around Judeo-Christian values. Almost every single
bank holiday we have in this country is to mark some sort of
Christian festival. Tens of thousands of children are educated
every day in church-supported schools, and what is the first word
of the national anthem again?

The British may not be a particularly religious bunch,
especially compared
with Americans
, but they undoubtedly live in a Christian
nation.

from Hit & Run http://ift.tt/Pu78TQ
via IFTTT