Protests Outside People’s Homes (Residential Picketing) and the First Amendment

This matter is in the news again, because of a proposal in Boston to limit residential picketing so that it can only happen from 9 am to 9 pm. (This appears to have been prompted by residential picketing outside Mayor Michelle Wu’s home.) I therefore thought I’d repost an item of mine that answers the question: Is this sort of targeted residential picketing protected by the First Amendment?

The short answer: No, but any restrictions on such picketing have to be imposed through content-neutral statutes or ordinances (or, in some situations, injunctions); and they have to leave people free to demonstrate in the same neighborhood:

  1. In Carey v. Brown (1980), the Court struck down a ban on residential picketing that had an exemption for labor picketing.
  2. In Frisby v. Schultz (1988), the Court upheld a ban (not just a time limitation but a total ban) that had no exemption, on the grounds that it was (a) content-neutral, (b) narrowly tailored to serving an important interest in protecting residential privacy, and (c) left people free to engage in “[g]eneral marching through residential neighborhoods, or even walking a route in front of an entire block of houses.”.
  3. In Madsen v. Women’s Health Center, Inc. (1994), the Court struck down an injunction that barred residential picketing within 300 feet of clinic employees’ homes, because it was too broad.

Carey involved a pro-busing group picketing the home of a mayor, while Frisby and Madsen involved anti-abortion groups picketing the homes of clinic employees. Indeed, most of the residential picketing cases I’ve seen have involved anti-abortion protesters; at least in the 1980s and 1990s, such residential picketing seemed to be a favored tactic of at least some parts of that movement.

But the Court of course didn’t draw distinctions based on the content of the speech or based on whether the picketing was aimed at a public official. For instance, Justice Scalia, who had often faulted the Court in free speech cases where he thought anti-abortion speech was being treated unfairly, was in the majority in Frisby; Justices Brennan and Marshall, strong supporters of abortion rights, dissented; none of them seemed swayed by the speakers’ ideology. Rather, as I note above, the Court expressly forbade such distinctions.

So a city or a state could ban picketing or allow it. But the rules would apply equally to anti-racism protesters, antifa protesters, anti-abortion protesters, alt.right protesters, and any other protesters.

To my knowledge, residential picketing is banned on a statewide basis only in Arizona, Colorado, Illinois, and Minnesota, though the statutes operate somewhat differently. (The Arizona ban is limited to picketing conducted “with intent to harass, annoy or alarm”; the Minnesota law allows injunctions to be issued based on targeted residential picketing that happens “on more than one occasion,” rather than banning such picketing outright.) But various cities ban it as well.

Finally, even when there is no ordinance banning residential picketing, particular kinds of behavior while picketing—especially loud noise at night (cf. the August 2020 Washington protest outside the Postmaster General’s home)—may be banned by content-neutral restrictions. See Kovacs v. Cooper (1949). Of course, those restrictions must be enforced in a content-neutral manner as well: A city can’t deliberately ignore loud protests that express certain views but then punish loud protests that ignore others.

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Utah Governor To Veto School Choice Bill Unless His Demands Are Met


Screen Shot 2022-02-28 at 3.41.21 PM

In a time of turmoil over public schools and how they are run, it is perhaps unsurprising that a state would consider a school choice bill and that a governor would threaten a veto. But the reasoning that Utah’s governor gave for his veto might be the strangest one yet.

Spencer Cox, a Republican, has served as Utah’s governor for just over a year. Despite threatening to veto a school choice bill recently passed by his state’s legislature, he says he supports the concept. “I am an advocate for choice,” Cox said in a press conference earlier this month. “I think parents should be able to use taxpayer money in other ways.”

But his complaints have nothing to do with the bill in question, H.B. 331. “I’m all in on vouchers. But we have a long way to go before we get there,” Cox further explained. “With the price of housing, with inflation happening right now, I don’t want to live in a state where teachers can’t buy a home… When teachers are making $60,000 a year to start, I will fully support vouchers.”

Currently, the average starting salary for Utah teachers is around $35,700. An increase of more than 70-percent per teacher would constitute a drastic realignment in education funding since the state average teacher salary is only $50,000. By increasing the starting salary to $60,000, Utah would be paying its starting teachers more than any other state in the country, despite having a cost of living slightly below the national average.

Despite Cox’s characterization, H.B. 331 is not truly a “voucher” program: Like other programs around the country, it utilizes education savings accounts (ESAs), in which parents of students are allowed to use state money on educational expenses for their children. Families qualify for a portion of the money the state would otherwise spend on their education determined by a sliding scale based on their income. Families earning up to 200 percent of the federal poverty line would receive twice the amount that the state spends per student, and the multiplier decreases from there. Parents may spend the money on books, tutoring, outside lessons, or tuition to a private school.

It is entirely possible that H.B. 331 is not the right option for parents of Utah students. And it is also possible that Utah teachers should make more money: Despite a cost of living near to the national average, Utah’s average teacher salary is more than $10,000 below the national average. But these are entirely separate issues, and Cox’s attempt to tie them together is disingenuous. If, as he claims, he is a supporter of school choice, then he should either sign the bill or indicate why it fails on that metric. Then, he can make the case for increasing teacher pay. Making one dependent upon the other undermines the seriousness of both issues.

The post Utah Governor To Veto School Choice Bill Unless His Demands Are Met appeared first on Reason.com.

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Why So Few See The Last Chance To Exit

Why So Few See The Last Chance To Exit

Authored by Charles Hugh Smith via OfTwoMinds blog,

When the crash can no longer be denied, the drop is widely recognized as having been obvious and inevitable…

The last chance to exit is well-known in stock trading circles, but the concept can be applied much more broadly. The basic dynamic at work is a mismatch between the fundamentals (i.e. the real world) which are deteriorating due to structural changes and the psychology of participants which continues to be confident and upbeat.

A wide spectrum of emotions and human traits are in play, but the core dynamic is our desire to discount signs of trouble rather than deal with a long-term change in the tides. The long uptrend supports confidence that the uptrend will continue moving higher more or less permanently, and the desire to keep minting money by staying fully invested in the uptrend encourages cherry-picking data to support the idea that the fundamentals are still solid.

Selection bias, denial, complacency and greed all play parts in this continuation of the psychology of an uptrend even as the S-Curve has shifted from growth to stagnation as the fundamentals have deteriorated beneath the surface.

This asymmetry between the fundamentals of valuation and the psychology of valuation cloaks the change in trend so few recognize it as the last chance to exit. Participants, so well trained by years of profits to “buy the dip” and anticipate future gains, see the initial dip as an opportunity to buy rather than as a warning sign.

This complacency is reinforced by the prompt reversal of any dip and a new high in valuations. Again, this dynamic is not limited to stocks; the ascent of housing valuations feeds the same complacency and selection bias: housing can’t go down because…the litany of supportive narratives is always long and illustrious.

The last chance to exit is also present in states, cities, industries, jobs, institutions, groups and neighborhoods. The decay is ignored as everything seems to remain glued together and the rot is papered over by various pronouncements and policies.

There is typically a period of consolidation that further supports a complacent confidence that the present is immutable: the uptrend is permanent. But this consolidation is misleading: it’s not a continuation of the uptrend, it’s the result of first-movers selling to True Believers in the immutability of the present and getting out of Dodge.

When the S-Curve rolls over, the rapidity of the descent surprises True Believers, who assure themselves that the rebound will start any day. They find reasons to ignore the acceleration down as those who had hesitated to sell suddenly hit the sell button, list the house for sale, etc.

When the crash can no longer be denied, the drop is widely recognized as having been obvious and inevitable. Hindsight is 20/20, but the damage done to those who didn’t sell at the the last chance to exit cannot be repaired; the losses are too deep.

*  *  *

My new book is now available at a 10% discount this month: Global Crisis, National Renewal: A (Revolutionary) Grand Strategy for the United States (Kindle $8.95, print $20). If you found value in this content, please join me in seeking solutions by becoming a $1/month patron of my work via patreon.com.

Tyler Durden
Mon, 02/28/2022 – 16:20

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Europe Readies Itself for a Ukrainian Refugee Crisis


zumaamericasthirtythree848231

Countries across Europe are bracing for a historic flood of refugees following Russia’s invasion of Ukraine, which began last Thursday, February 24. On Saturday, the United Nations Office for the Coordination of Humanitarian Affairs released a report that estimated that upward of 160,000 Ukrainians had been “internally displaced” within the country and that more than 116,000 people had fled Ukraine. 

Europe has been preparing for this. In December, Ukraine Minister of Defense Oleksii Reznikov warned that a Russian invasion of Ukraine could lead to as many as 5 million Ukrainians seeking refugee status. 

Poland’s Deputy Interior Minister Maciej Wasik said in a January 28 radio interview that his country was preparing for “a wave of up to a million people.” Polish troops recently set up processing centers along the border and have repurposed an arena to be used as a shelter for 500 people, The New York Times reports. The country borders Ukraine, and roughly 2 million Ukrainians already live and work in Poland.

Over the weekend, Hungarian Prime Minister Viktor Orbán, a longtime ally of Russian President Vladimir Putin, criticized Russia’s invasion and announced his country would be open to Ukrainian refugees, a major reversal after years of restricting immigration to Hungary. The Hungarian Defence Forces “expect up to 600,000 refugees from Ukraine, and are ready to accept tens of thousands,” according to Hungary Today. A human rights activist in Budapest told The New York Times that charities and nongovernmental organizations are currently providing most of Hungary’s assistance to refugees. 

Moldova, a small country to the south of Ukraine, had allowed in almost 16,000 refugees as of Friday, Interior Minister Ana Revenco said during a press conference on February 25. Only 386 Ukrainian refugees have sought asylum in the country. 

Romanian Defense Minister Vasile Dincu told Reuters on February 22, before the invasion began, “There are several estimates, but we could receive over 500,000 refugees, that is…the number for which we have prepared alongside the interior ministry and other institutions.”

On February 22, with Russia’s invasion imminent, British Prime Minister Boris Johnson affirmed his commitment to helping place Ukrainian refugees. “This country will continue to do what it has always done and receive those who are fleeing in fear of persecution,” Johnson said before Parliament. “That is what we will do.”

United States Press Secretary Jen Psaki told reporters on Thursday that the Biden administration predicts most Ukrainian refugees will settle in neighboring European countries. The administration also says it is considering protecting Ukrainians currently in the U.S. from deportation through granting Temporary Protected Status or Deferred Enforced Departure, according to CBS News.

The post Europe Readies Itself for a Ukrainian Refugee Crisis appeared first on Reason.com.

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Crypto Jumps, Stocks Dump’n’Pump As Cracks Appear In Global Financial System ‘Plumbing’

Crypto Jumps, Stocks Dump’n’Pump As Cracks Appear In Global Financial System ‘Plumbing’

It’s almost difficult to remember now, but February started with a lingering focus on the Omicron wave of the virus and the expected business interruptions that COVID was again causing. The virus has since faded in the US although it still has a very real presence in Asia.

The realization that inflation does not appear to be temporary and may be more persistent than recent past bouts of higher prices has also caused markets to increase expectations for the number of rate hikes that the Fed is likely to initiate in the imminent hiking cycle.

And as we exit February, Goldman’s Chris Hussey notes that attention is now divided between what the Fed will say (and do) on March 16th and how the situation between Russia and Ukraine will evolve. Against this backdrop of rising inflation, rates, and geopolitical risk, Energy and Materials outperformed again in February.

Most worryingly, cracks are appearing in the global financial system’s plumbing. The cost of dollar liquidity is suddenly rising fast…

Source: Bloomberg

Russian default risk has exploded…

Source: Bloomberg

The Ruble has imploded…

Source: Bloomberg

Can Vlad and his oligarch mates dodge these sanctions bullets?

Bank stocks puked with Europe hit harder than US…

Source: Bloomberg

Safe-havens were bid with bond yields tumbling, gold spiking (then chopped around)…

And crypto surging (Bitcoin tagged $42k)…

Source: Bloomberg

Equity markets traded chaotically but on the bright side, given it was the 55th day from the record high, we did not crash like in 1987 or 1929…

Source: Bloomberg

To quote one trader who was trading the last time the Ruble collapsed, “what a f**king day!” US equity futures opened down hard – giving up all of Friday’s gains – and then were met by the now ubiquitous momo ignition that somehow levitated Small Caps, then Nasdaq, then the S&P 500 (briefly) into the green for the day. Then… Russia-Ukraine talks ended around 1200ET (just around the time of the European market close) and things went south in US equities. The last hour saw a bid return, making some wonder if were seeing some rebalancing flows… The last hour was just insanely volatile minis swings in all the major indices, desperately trying to get back to even…Nasdaq outperfomed in the end (green like Small Caps) with the S&P and Dow red. Nasdaq swung 4% from its lows…

Tech was twatted on the month…

Source: Bloomberg

Inflation expectations accelerated in February, with US 5Y Breakevens hitting record highs…

Source: Bloomberg

As February comes to an end, 2022 has seen the US Treasury market suffer the 3rd worst start to a year ever…

Yields were higher across the curve in Feb with the short-end dramatically underperforming…

Source: Bloomberg

Notably the 10Y yield tried and failed numerous times to get back above 2.00%…

Source: Bloomberg

Real yields utterly collapsed today (10Y real yield dropped 20bps (catching up to gold’s recent rise)…

Source: Bloomberg

Forward inflation expectations suggest Ethereum has another leg higher to come…

Source: Bloomberg

The Nasdaq has seen the worst first two months of a year since 2008 (S&P worst since 2009).

It was an ugly month for most stocks with Nasdaq leading the charge lower, down over 12% at one point (and Small Caps somehow battling back to unchanged)…

 

Rate-hike odds were shocked higher by The Fed’s Jim Bullard then pushed lower by geopolitical chaos but while the odds of a 50bps hike in March dropped modestly (just 13% or so now), the odds of a 6th rate-hike in 2022 went up from around zero to over 60% (even with the recent dovish push)…

Source: Bloomberg

And at the same time, the odds of a rate-CUT (in 2024) have soared…

Source: Bloomberg

The dollar ended the month very modestly lower, after surging on the start of war but being unable to make any more gains since…

Source: Bloomberg

Cryptos managed modest (for crypto) gains on the month, thanks in no small part to today’s surge in prices following Putin’s ban on foreign FX transfers…

Source: Bloomberg

Commodities were all higher on the month with the geopolitical chaos of the last week or so sending Russia-specific assets (oil, nattie, wheat, aluminum) soaring the most. Copper lagged as precious metals also surged…

Source: Bloomberg

Brent closed above $100 today for the first since 2014.

Gold held above $1900…

Finally, the best news of all in February, COVID cases have collapsed…

Source: Bloomberg

So the only excuse The Fed has now is ‘geopolitical concerns’ – which in and of themselves will actually cause inflation to worsen!

Tyler Durden
Mon, 02/28/2022 – 16:01

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Ron Paul: “It All Comes Down To NATO”

Ron Paul: “It All Comes Down To NATO”

Authored by Ron Paul via The Ron Paul Institute for Peace & Prosperity,

When the Bush Administration announced in 2008 that Ukraine and Georgia would be eligible for NATO membership, I knew it was a terrible idea. Nearly two decades after the end of both the Warsaw Pact and the Cold War, expanding NATO made no sense. NATO itself made no sense.

Explaining my “no” vote on a bill to endorse the expansion, I said at the time:

NATO is an organization whose purpose ended with the end of its Warsaw Pact adversary… This current round of NATO expansion is a political reward to governments in Georgia and Ukraine that came to power as a result of US-supported revolutions, the so-called Orange Revolution and Rose Revolution.

Providing US military guarantees to Ukraine and Georgia can only further strain our military. This NATO expansion may well involve the US military in conflicts unrelated to our national interest…

Unfortunately, as we have seen this past week, my fears have come true. One does not need to approve of Russia’s military actions to analyze its stated motivation: NATO membership for Ukraine was a red line it was not willing to see crossed. As we find ourselves at risk of a terrible escalation, we should remind ourselves that it didn’t have to happen this way. There was no advantage to the United States to expand and threaten to expand NATO to Russia’s doorstep. There is no way to argue that we are any safer for it.

NATO itself was a huge mistake.

When in 1949 the US Senate initially voted on the NATO treaty, Sen. Roberg Taft – known as “Mr. Republican” – gave an excellent speech on why he voted against creating NATO.

Explaining his “no” vote, Taft said:

… the treaty is a part of a much larger program by which we arm all these nations against Russia… A joint military program has already been made… It thus becomes an offensive and defensive military alliance against Russia. I believe our foreign policy should be aimed primarily at security and peace, and I believe such an alliance is more likely to produce war than peace.

Taft continued:

If we undertake to arm all the nations around Russia…and Russia sees itself ringed about gradually by so-called defensive arms from Norway and Denmark to Turkey and Greece, it may form a different opinion. It may decide that the arming of western Europe, regardless of its present purpose, looks to an attack upon Russia. Its view may be unreasonable, and I think it is. But from the Russian standpoint it may not seem unreasonable. They may well decide that if war is the certain result, that war might better occur now rather than after the arming of Europe is completed…

How right he was.

NATO went off the rails long before 2008, however. The North Atlantic Treaty was signed on April 4, 1949 and by the start of the Korean War just over a year later, NATO was very much involved in the military operation of the war in Asia, not Europe!

NATO’s purpose was stated to “guarantee the safety and freedom of its members by political and military means.” It is a job not well done!

I believe as strongly today as I did back in my 2008 House Floor speech that, “NATO should be disbanded, not expanded.” In the meantime, expansion should be off the table. The risks do not outweigh the benefits!

Tyler Durden
Mon, 02/28/2022 – 15:45

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Europe Readies Itself for a Ukrainian Refugee Crisis


zumaamericasthirtythree848231

Countries across Europe are bracing for a historic flood of refugees following Russia’s invasion of Ukraine, which began last Thursday, February 24. On Saturday, the United Nations Office for the Coordination of Humanitarian Affairs released a report that estimated that upward of 160,000 Ukrainians had been “internally displaced” within the country and that more than 116,000 people had fled Ukraine. 

Europe has been preparing for this. In December, Ukraine Minister of Defense Oleksii Reznikov warned that a Russian invasion of Ukraine could lead to as many as 5 million Ukrainians seeking refugee status. 

Poland’s Deputy Interior Minister Maciej Wasik said in a January 28 radio interview that his country was preparing for “a wave of up to a million people.” Polish troops recently set up processing centers along the border and have repurposed an arena to be used as a shelter for 500 people, The New York Times reports. The country borders Ukraine, and roughly 2 million Ukrainians already live and work in Poland.

Over the weekend, Hungarian Prime Minister Viktor Orbán, a longtime ally of Russian President Vladimir Putin, criticized Russia’s invasion and announced his country would be open to Ukrainian refugees, a major reversal after years of restricting immigration to Hungary. The Hungarian Defence Forces “expect up to 600,000 refugees from Ukraine, and are ready to accept tens of thousands,” according to Hungary Today. A human rights activist in Budapest told The New York Times that charities and nongovernmental organizations are currently providing most of Hungary’s assistance to refugees. 

Moldova, a small country to the south of Ukraine, had allowed in almost 16,000 refugees as of Friday, Interior Minister Ana Revenco said during a press conference on February 25. Only 386 Ukrainian refugees have sought asylum in the country. 

Romanian Defense Minister Vasile Dincu told Reuters on February 22, before the invasion began, “There are several estimates, but we could receive over 500,000 refugees, that is…the number for which we have prepared alongside the interior ministry and other institutions.”

On February 22, with Russia’s invasion imminent, British Prime Minister Boris Johnson affirmed his commitment to helping place Ukrainian refugees. “This country will continue to do what it has always done and receive those who are fleeing in fear of persecution,” Johnson said before Parliament. “That is what we will do.”

United States Press Secretary Jen Psaki told reporters on Thursday that the Biden administration predicts most Ukrainian refugees will settle in neighboring European countries. The administration also says it is considering protecting Ukrainians currently in the U.S. from deportation through granting Temporary Protected Status or Deferred Enforced Departure, according to CBS News.

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FEMA Encourages Survivors of a Nuclear Holocaust To Mask, Socially Distance


reason-nuke

While the potential for Russia’s invasion of Ukraine to spark a world-ending nuclear conflagration has knocked the pandemic off most frontpages, federal bureaucrats seem determined to prove that they can focus on two crises at once.

On Sunday, Based Politics‘ Brad Polumbo reported that the Federal Emergency Management’s (FEMA) ready.gov webpage for nuclear explosions has been updated to encourage people to mask and socially distance should they be hunkering in a bunker with members outside of their own households.

Should one hear a warning of an imminent nuclear attack, FEMA’s website encourages people to shelter inside the nearest building, preferably one made of brick or concrete, and as far away from windows as possible.

“When you have reached a safe place, try to maintain a distance of at least six feet between yourself and people who are not part of your household,” continues the agency’s webpage. “If possible, wear a mask if you’re sheltering with people who are not a part of your household.”

Ready.gov says people should stay inside for at least 24 hours after the bombs hit, during which time they should continue to socially distance and mask.

FEMA also has some helpful advice for those who survive the nuclear holocaust. Someone having a medical emergency is encouraged to contact 911. Provided the operator also survived, you are to tell them if you think you have COVID-19 and make sure to mask up before help arrives.

It’s said that following a nuclear war, the survivors might end up envying the dead.

Fortunately, FEMA offers some helpful advice for those suffering psychic discomfort at witnessing the world set on fire. They’re sensitive to the fact that survivors might have already had a lot on their plate before the bombs dropped.

“Talk to someone if you are feeling upset. Many people may already feel fear and anxiety about the coronavirus 2019 (COVID-19). The threat of a nuclear explosion can add additional stress,” ready.gov notes.

It encourages people to engage virtually with their community through video and phone calls. (No guidance is provided on whether it’s okay to meet outside in a socially distanced fashion if all telecommunications have been disabled.)

FEMA’s covid-conscious advice is getting a lot of mockery from the conservative corners of the internet, and deservedly so.

Throughout the pandemic, the public health bureaucracy has generally done a poor job of balancing the tradeoffs between combating COVID and addressing other pressing issues of health and human well-being. They’ve also often demonstrated a remarkedly limited understanding of how people will actually respond to their advice in emergency situations.

The federal government’s chiding about social distancing in fallout bunkers takes this obtuseness about human nature to the extreme. It’s like trying to enforce capacity restrictions at the fiddle concert while Rome burns.

That this advice is coming from FEMA adds more irony still. One of the agency’s core responsibilities during disasters is to help coordinate the communication and response efforts of multiple government agencies.

But the agency has clearly failed to coordinate with other agencies when advising people of what to do in the event of a nuclear explosion.

As of Friday, the Centers for Disease Control and Prevention is no longer recommending that people socially distance or wear masks indoors if they live in the 70 percent of the country rated at low or medium risk of COVID-19. That advice would seemingly apply to fallout shelters as well.

So provided you don’t live in a high-risk county, you should feel free to be unmasked while you and members of another household negotiate how many shotgun shells they’d be willing to trade for a few cans of irradiated tuna.

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Wall Street’s Biggest Bear: We Are On Track For An Extremely Challenging March & April

Wall Street’s Biggest Bear: We Are On Track For An Extremely Challenging March & April

As we noted yesterday, in his “Sunday Start” note Morgan Stanley’s Michael Wilson – better known here as Wall Street’s biggest bear (although BofA’s Michael Hartnett is certainly trying to steal that title) explained that while the market is obsessing over the ever-escalating situation in Ukraine, where nobody has any edge and where traders are at the whim of the Johari window’s “unknown unknowns“…

… what investors should be focusing on instead, is the arrival of what Wilson calls “ice” (i.e., a sharp slowdown in the economy coupled with a plunge in earnings), now that the market has finally accepted the other part of his ying-yang narrative, i.e., “fire” which means higher inflation = Fed tightening.

Admitting that he was premature to introduce for the “ice” anchor to his bearish last October, Wilson says that he pushed the timing of ice out to 1Q, in other words now, and sure enough, he cautions that “evidence is now building that earnings forecasts are increasingly at risk.” First, he points to the negative-to-positive guidance ratio during 4Q earnings has spiked to 3.6x – the highest since 1Q16, when we were mired in a global manufacturing recession: “At no time during the Covid recession did we see a ratio this high.”

Wilson then went on to note that earnings revision breadth is also falling fast and approaching negative territory, which leads next-12-months EPS forecasts.

Tying it all together with the Ukraine war, Wilson urged clients to ignore the day-to-day gyrations there – “while there are many people who know quite a bit about such matters, geopolitics are very difficult to analyze and therefore very difficult to price” – and instead to continue selling into any rally (if not shorting) as the invasion simply “adds another risk to the mix that’s unlikely to disappear quickly. In a world where valuations remain elevated and earnings risk is rising, last week’s tactical rally in equities will likely run out of momentum in March as the Fed begins to tighten in earnest and the earnings picture deteriorates.”

On Monday, in his latest Weekly Warm-up note (available to pro subscribers in the usual place), Wilson frames how he sees this coming selloff, first reminding readers that he presented a price-analog comparing the S&P 500 today to what happened in 2018 as a guide for trading the near-term set-up. As we detailed in “Why Wall Street’s Biggest Bear Sees Stocks Tumbling To 3,800 By Late March“, Wilson suggested that the Russia/Ukraine conflict might provide a perfect reason for the S&P 500 to re-test its January lows “a re-test that investors should buy or at least cover up shorts.”

And indeed, Russia’s invasion on Wednesday night led to a very sharp sell-off on Thursday and led to the “textbook” re-test Wilson was looking for. The positive divergence on lower volume provided the opportunity to cover shorts and even get long some of the most beaten up areas of the market for those nimble enough to do it (Exhibit3).

But while this technical set-up was (and maybe still is) bullish in the very near term, Wilson warns that “it does not look good for the intermediate term with all of the major averages below their respective 200-day moving averages and the 50-day moving average negatively sloped.” Furthermore, Wilson warns that the S&P 500 looks the strongest but it’s severely damaged and it will take time to repair before it can make a real swing at new highs. This weak technical picture in the primary index now mirrors the technical damage that’s been building for months under the surface; it also reflects the challenging fundamental backdrop of tightening financial conditions colliding with slowing growth — the core message in Morgan Stanley’s outlook for2022 in mid November.

Going back to the “2018 price analog” discussed last week, Wilson updated the chart to show that we’re still very much on track for what looks like an extremely challenging March/April after this short-term rally exhausts itself in the next few weeks.

Looking at the chart above, the MS strategist says that equity markets could rally/hold up for another week or two “but we would be very careful if the S&P 500 approaches 4500 again.”

The bottom line, according to Wilson, is to “let the market work off its still oversold condition but use further strength to reduce risk in profitless growth stocks, low-quality cyclicals and stocks that are likely to be vulnerable to payback in demand from last year’s binge and escalating costs that can no longer be passed along so easily.”

To be sure, it’s important to point out that these price analog charts always break down at some point – as Wilson himself concedes – so we can’t use them for longer-range price forecasting. Furthermore, as he notes, one major difference with 2018 is the fact that the Fed is just starting a new tightening campaign today, while in December2018 they were at the end of that tightening cycle, which started several years prior with the tapering of QE (then again there is nothing preventing the Fed from going NIRP and or doubling down on QE).

In other words, Wilson would not be at all surprised if this price analog breaks down after the next decline which will take place in “late March/April. This is because the Fed won’t be able to pivot so dovishly like they did in early January 2019.”

Here Wilson takes a step back and zooms out in the chart, reminding readers just how far stocks have rallied during this pandemic due to extraordinary policy “that drove both valuations and earnings to unsustainable levels.” True, we are now trading below the 200-day moving average for all the major averages, but stocks remain “extremely extended relative to the 200-week moving average which is the true long-term support to consider if things get rough when this tactical rally ends as we expect.”

Why does this matter? Because interestingly, it was the 200-week moving average that provided the support in 2018 to stop the decline. As such, Wilson strongly suggests taking this into account when thinking about risk-reward and committing new capital.

Lastly, Wilson flags that even after the recent turmoil, valuations still remain extended:

  • at the S&P 500 index level,
  • at the median stock level within the S&P 500…

  • … and under the surface of the market.

The median stock forward P/E for the S&P is still 19x (94th percentile of historical levels back 40 years). This, according to Wilson, supports the idea that multiples across the index have room to compress due to his Ice thesis, even after discounting the geopolitical developments of the last couple of weeks as well as a hawkish Fed.

As a reminder, the full note is available to professional subs.

Tyler Durden
Mon, 02/28/2022 – 15:28

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FEMA Encourages Survivors of a Nuclear Holocaust To Mask, Socially Distance


reason-nuke

While the potential for Russia’s invasion of Ukraine to spark a world-ending nuclear conflagration has knocked the pandemic off most frontpages, federal bureaucrats seem determined to prove that they can focus on two crises at once.

On Sunday, Based Politics‘ Brad Polumbo reported that the Federal Emergency Management’s (FEMA) ready.gov webpage for nuclear explosions has been updated to encourage people to mask and socially distance should they be hunkering in a bunker with members outside of their own households.

Should one hear a warning of an imminent nuclear attack, FEMA’s website encourages people to shelter inside the nearest building, preferably one made of brick or concrete, and as far away from windows as possible.

“When you have reached a safe place, try to maintain a distance of at least six feet between yourself and people who are not part of your household,” continues the agency’s webpage. “If possible, wear a mask if you’re sheltering with people who are not a part of your household.”

Ready.gov says people should stay inside for at least 24 hours after the bombs hit, during which time they should continue to socially distance and mask.

FEMA also has some helpful advice for those who survive the nuclear holocaust. Someone having a medical emergency is encouraged to contact 911. Provided the operator also survived, you are to tell them if you think you have COVID-19 and make sure to mask up before help arrives.

It’s said that following a nuclear war, the survivors might end up envying the dead.

Fortunately, FEMA offers some helpful advice for those suffering psychic discomfort at witnessing the world set on fire. They’re sensitive to the fact that survivors might have already had a lot on their plate before the bombs dropped.

“Talk to someone if you are feeling upset. Many people may already feel fear and anxiety about the coronavirus 2019 (COVID-19). The threat of a nuclear explosion can add additional stress,” ready.gov notes.

It encourages people to engage virtually with their community through video and phone calls. (No guidance is provided on whether it’s okay to meet outside in a socially distanced fashion if all telecommunications have been disabled.)

FEMA’s covid-conscious advice is getting a lot of mockery from the conservative corners of the internet, and deservedly so.

Throughout the pandemic, the public health bureaucracy has generally done a poor job of balancing the tradeoffs between combating COVID and addressing other pressing issues of health and human well-being. They’ve also often demonstrated a remarkedly limited understanding of how people will actually respond to their advice in emergency situations.

The federal government’s chiding about social distancing in fallout bunkers takes this obtuseness about human nature to the extreme. It’s like trying to enforce capacity restrictions at the fiddle concert while Rome burns.

That this advice is coming from FEMA adds more irony still. One of the agency’s core responsibilities during disasters is to help coordinate the communication and response efforts of multiple government agencies.

But the agency has clearly failed to coordinate with other agencies when advising people of what to do in the event of a nuclear explosion.

As of Friday, the Centers for Disease Control and Prevention is no longer recommending that people socially distance or wear masks indoors if they live in the 70 percent of the country rated at low or medium risk of COVID-19. That advice would seemingly apply to fallout shelters as well.

So provided you don’t live in a high-risk county, you should feel free to be unmasked while you and members of another household negotiate how many shotgun shells they’d be willing to trade for a few cans of irradiated tuna.

The post FEMA Encourages Survivors of a Nuclear Holocaust To Mask, Socially Distance appeared first on Reason.com.

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