Federal Appeals Court Upholds First Amendment Right To Warn Drivers of Police Ahead


Michael Friend standing on the sidewalk holding a sign that reads 'cops ahead'

A federal appeals court ruled that a Connecticut man’s First Amendment rights were violated when police arrested him for holding a sign warning drivers of police activity ahead.

The U.S. Court of Appeals for the 2nd Circuit reversed a lower court decision and held that a police officer in Stamford, Connecticut, violated Michael Friend’s First Amendment rights and had no probable cause to arrest him for standing on a public sidewalk and holding a sign that read “Cops Ahead.”

Friend was standing on a sidewalk near a Stamford police checkpoint on April 12, 2018, holding a “Cops Ahead” sign when Sgt. Richard Gasparino approached Friend, took his sign, and threatened to arrest him. Friend instead made a larger sign and moved to a different spot. Gasparino then handcuffed and arrested Friend, who was charged with misdemeanor interference and held on a $25,000 bail. Prosecutors later dropped the charge.

Friend, represented by the Connecticut chapter of the American Civil Liberties Union (ACLU), filed a civil rights lawsuit, arguing that Gasparino’s seizure of his signs and his arrest violated Friend’s First and Fourth Amendment rights.

A U.S. district court dismissed Friend’s suit in 2020, finding that: Friend’s sign “did not discuss a topic or express his opinion on it;” that Gasparino had a compelling government interest in stopping Friend from spoiling the police sting; and that Gasparino had probable cause to arrest Friend for returning after he told him not to. 

The 2nd Circuit ruled that the district court erred in all three of those findings, citing the 1987 Supreme Court ruling in Houston v. Hill: “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”

The case will now return to the district court to consider whether Gasparino is entitled to qualified immunity from Friend’s claims.

In a press release, Elana Bildner, senior staff attorney for the ACLU Foundation of Connecticut and an attorney on the case, called the 2nd Circuit ruling “a solid affirmation of the fact that people have the right to protest the police.” 

“When Michael Friend held up a sign on a Stamford sidewalk to alert people to police activity, he was well within his First Amendment rights, and Stamford police never should have arrested him,” Bildner said. “This decision is good news for protesters’ rights and should serve as a reminder to all police in Connecticut that they cannot and should not silence speech like Mr. Friend’s.”

This is not the only sign-related First Amendment case that Stamford has generated in recent years. In 2018, one of Friend’s friends, Michael Picard, was arrested by Stamford police for holding a sign outside of the police station that read “Fuck Free Speech —Stamford PD.”

Courts have repeatedly ruled that warning drivers of upcoming police by flashing one’s headlights is a form of expression and protected under the First Amendment.

The post Federal Appeals Court Upholds First Amendment Right To Warn Drivers of Police Ahead appeared first on Reason.com.

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Rickards: One Of The Biggest Propaganda Campaigns Ever…

Rickards: One Of The Biggest Propaganda Campaigns Ever…

Authored by James Rickards via DailyReckoning.com,

It’s extremely difficult to find the truth about the war in Ukraine.

The first reason for this is because… it’s a war.

Wars are always difficult to gauge in real-time.

The phrase “fog of war” was invented to convey the uncertainty and imprecision about the progress of any particular war.

Still, there’s another reason the war in Ukraine is confusing for so many.

It’s because the Ukrainian propaganda effort is one of the most astonishingly effective concoctions of lies ever seen.

From the “Ghost of Kyiv” fighter ace to the “Heroes of Snake Island” to wildly exaggerated claims of Russian casualties to the suppression of any news that reflects badly on Ukraine, the Ukrainian propaganda machine has been firing on all cylinders.

This might be expected given that President Zelenskyy is a former actor and comedian. He’s used to the media stage and making up scenes for the audience. Zelenskyy is backed up by a small army of media advisers and amplified by sympathizers including President Biden, U.K. Prime Minister Rishi Sunak and outlets like The New York Times.

Courage Under (Phony) Fire

The latest propaganda stunt was Joe Biden’s trip to Kyiv a few days before the first anniversary of the Russian invasion. Biden made a canned speech, authorized another $500 million in weapons and hopped back onto a train to Poland.

The propaganda pièce de résistance was when Biden and Zelenskyy walked into an open courtyard and the Kyiv air raid sirens began blaring. The Russians had been advised in advance that Biden would be there, and they agreed not to stage any raids during Biden’s visit.

In fact, there had been no raids for some time. No one saw any planes, drones or missiles. The sirens were just a stage effect intended to create a false sense of danger to be picked up as a soundtrack by global media.

Ukraine is losing the war badly but you can’t blame Westerners for believing otherwise. They’re all victims of the Zelenskyy-Ukraine propaganda machine.

What about the sanctions? How are they working out?

Sorry, but I Was Right

U.S. and EU sanctions on Russia because of Ukraine have been worse than a complete failure. They have failed to change Russia’s behavior, have failed to hurt Russia’s economy in a material way and have boomeranged to hurt the U.S., Europe and many Western financial institutions.

I wrote about this last year in March and April not long after the war began. My comments were greeted with skepticism (at best) and extreme criticism (at worse). No matter. I was right then and the evidence since has been overwhelming.

The Russian ruble is stronger today than before the war began. Russian oil and gas revenue is higher than it was before the war. Russian oil is being sold at a discount to India and China, but Russia is making up the discount in increased volume.

The Russian economy was only down about 3% in 2022 (earlier estimates expected it to fall around 20% or more), and the Russian economy is expected to show modest growth this year versus likely recessions in the U.S. and Europe. Russia and China are far along in developing an interoperative payments and settlement system for international transactions that will replace the SWIFT system that Russia was ejected from.

Actually damaging Russian institutions is extremely difficult because Russia has spent years preparing for just such a financial attack from the United States. Its banks are robust with good liquidity and access to interbank facilities, even without the benefit of SWIFT or Western correspondents.

Meanwhile, Russia continues to destroy the Ukrainian army with missiles from North Korea, drones from Iran and its own massive industrial capacity.

The Only Card the U.S. Can Play

So Ukraine is losing on the battlefield and the U.S.-led sanctions regime against Russia has failed. The only U.S. response is to escalate the conflict.

The escalation of U.S. weaponry provided to Ukraine is stunning. We started with Stinger surface-to-air missiles to shoot down Russian aircraft, and Javelin missiles, which are potent anti-tank weapons (although the British NLAW system being used in Ukraine is apparently better).

Next, we provided the HIMARS, which is a long-range heavy artillery piece with precision-guided shells. Ukraine has used it to good effect, although it seems the Russians have developed means to counter it.

Contrary to what the propaganda machine says, the Russians aren’t idiots. In fact, the very head of Ukraine’s military has said that “all military science is located in Russia.”

Anyway, since the delivery of HIMARS, the U.S., the U.K. and Germany have pledged to provide top-of-the-line tanks including the U.S. Abrams tank, the U.K. Challenger 2 and the German Leopard 2. Incidentally, there are unconfirmed reports that some Leopards are now appearing on the battlefield.

Then, without skipping a beat, Ukraine’s President Zelenskyy demanded F-16 fighter jets. Biden said no, but he also said no to tanks at first. It’s likely just a matter of time before he approves the F-16s.

All of this has been backed up with billions of dollars of intelligence, surveillance and communications systems designed to spot Russian targets and direct the application of U.S. weapons.

That’s to say nothing about the actual presence of NATO forces on the ground in Ukraine. Some sources indicate that as many as 20,000 Polish troops are on the front lines dressed in Ukrainian uniforms, making them foreign mercenaries. U.S. and U.K. forces are also on the ground there not in uniform, which is a violation of the Geneva Conventions.

Of course, this is no secret to the Russians. They recently warned us to withdraw all NATO personnel and equipment from Ukraine. If we don’t, the Russians renewed the warning that they could become legitimate targets.

Ukraine Is Losing

Still, none of this assistance has been particularly effective. Ukraine is losing the war badly as Russia slowly and methodically wears down Ukrainian forces along a broad front. Russia nearly has the strategically important city of Bakhmut encircled and will probably have it completely cut off before long, trapping 20,000–30,000 Ukrainian soldiers.

The loss of Bakhmut will be a significant defeat for Ukraine, as it will significantly weaken their defense line in the Donbas. They really only have one defense line to fall back to, and it’s notably weaker than the line they’re currently fighting to hold.

If Russia eventually manages to break through that last line, there’s very little between that line and the Dnieper River to stop them.

None of this is an indictment of the Ukrainian military, by the way. They’ve fought hard and bravely, and continue to do so. It’s just that they’re facing a superior force that significantly outnumbers them in tanks, aircraft, artillery and, importantly, ammunition. They’re simply outgunned.

Where’s the Cavalry?

Meanwhile, many of the weapons pledged (including the tanks) have not actually arrived and may not be ready for six months or more. Ukraine could sure use them now!

The F-16s in particular are a pipe dream because Ukrainian pilots don’t know how to fly them, and training can take almost a year. It’s possible that NATO pilots could secretly pilot them, but just think of the Russian propaganda victory if they shoot down and capture NATO pilots who aren’t supposed to be flying over Ukraine.

Still, apart from their effectiveness, another question arises. Can the U.S., the U.K. and Germany actually afford to provide these weapons without damaging their own readiness in the event of wars elsewhere?

The fact is Western arsenals have been badly depleted because of the weapons and ammunition provided to Ukraine. The European arsenals were not large to begin with, but even the U.S. supplies dropped into the danger zone. The situation is worse than that because the shortages cannot be made up quickly.

The U.S. has shut down many ammunition factories since the Cold War ended. These can be restarted but full wartime mobilization takes years, not weeks. World War II is a good example.

By 1943, the U.S. was producing wartime aircraft at a rate of almost 100,000 planes per year. But in 1941, that number was only 18,000. The Ford Motor Co. basically stopped automobile production and converted its huge River Rouge factory to aircraft production for the duration.

That fivefold increase in fighters and bombers took two years to achieve. It was not done in months. It’s fair to ask if this war is worth it in broad terms.

It’s even more pointed to ask if it’s worth jeopardizing U.S. national security by running down vital inventories of weapons to prop up a corrupt oligarchy in Eastern Europe.

The American people may discover the hard way that the answer to both questions is no.

Tyler Durden
Fri, 03/03/2023 – 14:09

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Tesla China Sales For February Rise 13% To 74,402 Units

Tesla China Sales For February Rise 13% To 74,402 Units

At least for the time being, the price cuts over at Tesla appear to still be working. That’s because the company’s total shipment of vehicles from China increased 13% sequentially in February, to 74,402 units, according to preliminary data released by China’s Passenger Car Association.

Tesla shares are up almost 2% in pre-market trading on the result. 

While Tesla was able to buck overall declining trends in China’s auto market over the last several months, in February it had the broader trend at its back. Bloomberg reported on Friday morning that China’s new energy passenger vehicle wholesales were up 30% sequentially.

Additionally, the note pointed out that competitor BYD also experienced significant growth in the month, with 193,655 unit sales versus just 88,283 the year prior. 

Tesla shares had slumped during the back half of this week, as the company’s mid-week investor day failed to provide enough short- and mid-term operational details to excite Wall Street. News outlets on Thursday morning called the presentation “underwhelming” and light on short-term specifics. 

Of note was the lack of specifics relating to how the company would be expanding its product lineup, which has begun to stagnate over the last several years. 

Recall we reported last month that the company’s strategy of cutting prices to stoke demand appeared to be working when the company sold 66,051 vehicles in China in January, up from 55,800 in December. 

At the time, the company was reportedly planning to increase output at its Shanghai plant – bringing its run rate back toward where it was in September 2022 – in order to continue meeting the demand from price cuts on its best selling models. 

Tesla had suspended operations at its Shanghai plant for a portion of December. The EV maker was expected to halt production – as we noted in a previous article – but continued swirling questions about demand had surfaced after the company shut down operations at the key location earlier than expected. Back on December 9th we wrote that the company was shutting down operations due to upgrades at the plant and waning consumer demand.

Tyler Durden
Fri, 03/03/2023 – 13:45

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The Problem With the ‘Abundance Agenda’


reason-future2

With much fanfare, the Biden administration announced this week the availability of the first subsidies for domestic semiconductor manufacturing facilities funded by the $52 billion bipartisan CHIPS and Science Act.

Yet, many of the people who support the law’s goals of subsidizing semiconductor production were surprisingly glum as they pointed to all the processes, mandates, and regulations the administration was attaching to this new money.

Manufacturers looking to get a CHIPS Act subsidy will have to abide by union wage mandates, provide child care for their workers, buy American materials, submit their new subsidized facilities to onerous federal environmental reviews, and potentially share any “excess profits” with the government.

The value of these new subsidies will be spread thin indeed as a result.

“Everyone acknowledges what we are trying to do here, in trying to make a larger, more globally competitive U.S. semiconductor industry, is a difficult challenge,” said economist Adam Ozimek to The New York Times. “Advocates of industrial policy should worry that not only is this going to fail, but it’s going to discredit industrial policy for a generation.”

Economics blogger Noah Smith was even more despondent this week when he declared the U.S. a “build-nothing country” for its failures to create not just more semiconductor factories but also solar farms, transit lines, housing, and more.

“America is spending all the money, and things still aren’t getting built,” wrote Smith.

This is an increasingly frequent complaint one hears from a growing set of liberal and left-wing writers. They bemoan America’s inability to convert monetary investment, both public and private, into actual physical things progressives have long wanted: more affordable housing, more renewable energy, more mass transit, and more stuff generally.

We’ve gotten worse at building these things, even as our need and desire for them has grown.

“The revolution in communications technology has made it easier than ever for ordinary people to loudly identify the problems that they see in the world. But this age of bits-enabled protest has coincided with a slowdown in atoms-related progress,” wrote Derek Thompson in an essay for The Atlantic last year. “Altogether, America has too much venting and not enough inventing.”

What’s both interesting and encouraging about hearing these gripes coming from a portion of the left is they’ve started to echo longstanding libertarian criticisms of the American regulatory state.

Government approval processes are overly long, burdensome, and deferential to third-party “stakeholders” for no discernible benefit. Excessive public meeting requirements, done in the name of community input, allow any old gadfly to delay billion-dollar projects. Special interests have erected reams of anti-competitive regulations that only serve to increase costs and strangle choice. The right to earn a living has been replaced with a need to beg for permission for doing anything new.

These “supply-side progressives” are calling to significantly liberalize or even eliminate much of this regulatory morass.

Smith thunders against “the country’s broken system of permitting, land use, and development.” Liberal blogger Matt Yglesias wants to significantly pare back the environmental review requirements in the National Environmental Policy Act and liberalize immigration until we have “one billion Americans.” The Atlantic‘s Jerusalem Demsas decries America’s “permission-slip culture” created by occupational licensing. The New York Times liberal columnist Ezra Klein says plainly that “regulators make it hard to increase supply” of everything from health care technologies to new workers. Everyone hates zoning.

They all want to peel back red tape in service of an “abundance agenda.”

Could this be the libertarian moment? Sadly, no.

While they see the flaws of the American state as she exists, these abundance agenda evangelists are still hopelessly chained to the idea that they can change her for the better.

The criticisms of the Biden administration’s implementation of CHIPS Act subsidies are a useful illustration of the limits of this worldview.

Supply-side progressives are raising hell over the ways regulatory roadblocks are undermining one of the largest expansions of federal corporate welfare in a generation. But investing huge sums of taxpayer money into semiconductor production is inherently a bad, wasteful idea, child care mandates and union work rules notwithstanding.

Indeed, we’ve been down this road before.

In the late 1980s and early 1990s, the U.S. government slapped tariffs on imported semiconductors, helped set up a public-private consortium of semiconductor manufacturers called Sematech, and showered an inflation-adjusted $1.2 billion on the consortium to pump out cutting-edge, globally competitive products.

The results, Reason‘s Eric Boehm recounted in his 2021 history of Sematech, were less than inspiring. The chips manufactured by Sematech were years behind the market. Companies responded to federal subsidies by slashing their own research budgets.

The venture failed even without having to spend a lot of money complying with union work rules and child care mandates.

Similar examples abound overseas.

No one would describe Communist China as a place where the state is slow to act or the regulatory process has been hijacked by excess public input and veto points. And yet the Chinese Communist Party’s industrial policy aimed at boosting their own semiconductor industry has largely been a bust. Beijing is now trying to taper off expensive government subsidies.

The fact is there are pretty hard limits to what the most intelligent government bureaucracies can achieve, even when they’re unencumbered by unproductive regulations and special interest carve-outs.

That’s certainly the case for something exceedingly complex already, like semiconductor industrial policy. It’s also true for slightly more simple things supply-side progressives want the government to do, like build a mess of new transportation infrastructure.

By an interesting coincidence, the same day that Biden’s Commerce Department made available the first CHIPS Act grants, his Transportation Department was announcing the first wave of grant awards in a new program: the Reconnecting Communities Pilot Program.

The program is designed to repair the damage done to neighborhoods that were cut in half by the construction of mid-century urban highways. The consensus is that destroying existing, thriving urban neighborhoods (usually with liberal use of eminent domain) to build interstates was a bad idea. Almost everyone who might identify as a supply-side progressive certainly would. But those urban highways are also a relic of a supped-up state that did in fact build things.

California’s disastrous high-speed rail is perhaps one of the archetypal examples of the supply-side progressive criticism of American governance: a good idea derailed by cynical environmental lawsuits, overwhelmed and under-experienced bureaucrats, rampant NIMBYism, and political meddling of elected officials.

And yet, even countries that don’t have all those particular problems of “state capacity”  still end up building a lot of wasteful infrastructure.

Take Spain and its well-earned reputation as Europe’s “rail capital.” While the Golden State struggles to complete a rail line between Bakersfield and Merced, Spain has managed to add 2,400 miles of high-speed rail lines over the past three decades. Some of these projects came in delayed and over budget, but they still got built. They even connect cities that people actually want to travel between.

And yet, when European Union auditors reviewed the literature on Spanish high-speed rail projects in 2018, they found that the benefits of these projects were almost always wiped out by their costs.

“In reality, some projects have only a limited chance of viability from a social cost-benefit perspective, … but they are being built nevertheless,” auditors concluded.

Spain can build high-speed rail in that the government can decide a line should go from A to B and it ends up happening mostly on time and on budget. But these projects are still wasteful in that they’re not providing benefits in excess of their costs.

Libertarianism has a pretty straightforward way of preventing this from happening. To the greatest extent possible, turn infrastructure over to private firms tapping private capital to build projects with the expectation they’ll earn a tidy return from the fees users of that new infrastructure will eventually pay.

If drivers won’t pay the tolls to support a new bridge to nowhere, that bridge won’t get built. Supply-side progressives don’t have nearly as clear of a mechanism for allocating scarce capital effectively, other than whatever sausage-making the political process turns out.

For someone like Klein, it’s enough that the government is shifting its spending decisions from subsidizing demand to subsidizing supply. In his Times piece sketching out supply-side progressivism, he approvingly cites several Biden advisors arguing the administration’s “transportation, rail, public transit and port investments will reduce efficiency-killing frictions that keep people and goods from getting to markets as quickly as they should…The child and elder care investments will boost the labor supply of caretakers. The educational investments in pre-K and community college will eventually show up as higher productivity as a result of a better-educated work force.”

That’s a lot of line of items to prioritize!

Trying to do them all at once is a recipe for inefficiency and failure. That’s particularly true if you also want private investment to be added to the supply-side equation too. Abundance agenda folks are working at cross purposes.

Take the recently passed $1.2 trillion Infrastructure Investment and Jobs Act, which included $550 billion in new transportation infrastructure spending above preexisting levels. The goal of the law is to build, and it provides a lot of money to that end.

All that new government spending is having the unintended consequence of raising costs for America’s homebuilders. Construction industry analysts note the huge influx of government infrastructure dollars has raised prices for steel, cement, copper, lumber, and other things developers also need to build new housing.

“The housing industry, which has boomed thanks to low mortgage rates, is worried about the competition coming from infrastructure projects,” reported Bloomberg in 2021. The low interest rates are now gone, but the inflated materials costs are here.

Notably, this phenomenon of infrastructure spending squeezing out some housing production isn’t solely a product of the environmental review laws, union work rules, or Buy America provisions. It’s an inherent result of dumping a bunch of government money into building infrastructure while a lot of new housing also needs to be built.

One element of the abundance agenda must give way to the other.

This is why the libertarian insistence on a minimal state and private, profit-seeking allocation of capital across the board is crucial. It does more than just weed out bad individual projects. It also balances competing uses for capital by sending it to the most profitable projects. One project’s higher returns are a signal more people value that use of scarce resources than alternative investments.

A mess of government spending totally divorced from earning a return on investment obscures these signals.

Another supply-side progressive answer is to create professional, efficient civil service insulated from excessive public input and political meddling. Such a bureaucracy would forgo wasteful projects and build efficient ones. On the macro level, overall spending is allocated effectively.

But it’s hard to see that playing out so long as there’s any meaningful democratic input into how public infrastructure dollars, or public dollars generally, are spent. The benefits of new programs will always be apparent, while the costs to society are diffuse and often invisible.

That’s particularly true if a bureaucracy is good at what it does. Fewer bad headlines about how project X is delayed by Y years and will cost an additional $Z billion dollars lowers the political risk of spending money on low-value projects.

Lastly, the supply-side progressive faith that bureaucracies will be efficient and benevolent if we remove regulations that allowed special interests to capture them ignores a key insight of public choice theory: that state bureaucracies are themselves a special interest group with priorities beyond maximizing the greatest good for the greatest amount of people.

Demsas’ otherwise on-point takedown of America’s ludicrous, burdensome system of occupational licensing includes this odd defense of government regulation properly conceived.

“Permission-slip governance reflects not the government’s strength but its weakness. A strong government well staffed with experts would write clear regulations and enforce them. The government we actually have imposes permission-slip requirements pushed by interest groups and industry, then relies on consumers to pursue private legal remedies if anything goes wrong,” she writes. “This is a legacy of Republican attacks on Big Government, which not only constrained the size of the state but diminished its efficacy.”

In fact, from the dawn of the regulatory state, interest groups and industry have twisted regulation to their benefit. This wasn’t a phenomenon invented by Ronald Reagan and Newt Gingrich.

Nominally independent agencies have an obvious interest in growing their own power. That leads them to make serious errors in judgment all the time, whether that’s the Food and Drug Administration cracking down on vaping or the Consumer Financial Protection Bureau inventing and prosecuting financial crimes all on its own.

As Reason‘s Peter Suderman noted yesterday, many of the problems that abundance agenda supporters decry are also products of past regulatory interventions liberals are mostly united in supporting today.

There’s a lot to recommend about the liberal abundance agenda, supply-side progressivism, or whatever you want to call it. It correctly diagnoses many of the current problems with America’s overweening regulatory state. Embedded in it is a greater appreciation for the wealth-enhancing effects of markets. It grasps the truism that production has to precede consumption.

At the end of the day, I’d prefer that if a government wastes billions on a high-speed rail project, it actually manages to build a high-speed rail project.

And for lots of supporters of the abundance agenda, there’s a pleasingly individualistic focus to their political economy.

Thompson writes, “The abundance agenda aims for growth, not because growth is an end but because it is the best means to achieve the ends that we care about: more comfortable lives, with more power to do what we want, with more time devoted to what we love.”

The libertarian critique of this vision is that individualistic ends require individualistic means, that is a free market largely free from state intervention. Supply-side progressives see a big government as a problem and solution. That’s a problem in and of itself.

The post The Problem With the 'Abundance Agenda' appeared first on Reason.com.

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Congress Should Not Give Any Government Agency Financial Free Rein


The capitol building surrounded by pieces of dollar bills

Can Congress give away its power of the purse to a regulatory agency? That’s the important constitutional question the Supreme Court decided it will take on earlier this week. Regrettably, the Court can’t answer the obvious follow-up question: Why would a legislature give away its own core authority?

Congress created the Consumer Financial Protection Bureau (CFPB) in 2010, in the wake of the Great Recession. The agency wields sweeping authority over “consumer finance,” including everything from credit cards and car payments to mortgages and student loans. To this end, the agency writes and enforces rules imposing even billion-dollar penalties. Thus, the CFPB regulates millions of private citizens and businesses.

In this manner, the CFPB is no different than scores of other alphabet-soup agencies—the EPA, the SEC, etc.—with similar powers over different sectors of the economy (alas). With the CFPB, however, Congress tried something new: They gave a blank check to the regulatory powerhouse. 

Rather than pleading with Congress for appropriations, like other agencies of its ilk, the CFPB simply takes what it wants from the Federal Reserve (up to 12 percent of the Federal Reserve’s operating expenses, or $734 million in 2022). The CFPB, moreover, may roll over any unused funds into the next year. Last year, the CFPB took $641.5 million, and the agency has another $340 million in rollover money. Indeed, the CFPB’s architects believed it was “absolutely essential” that the new regulator be “independent of the Congressional appropriations process.” 

But does the Constitution allow this sort of bureaucratic “independence” from Congress? 

The Constitution’s appropriations clause gives the power of the purse exclusively to Congress. On this, the Framers were quite deliberate. “The legislative department alone has access to the pockets of the people,” explained James Madison in The Federalist Papers: No. 48. The general idea was that the people, through their representatives, should have a say in the disposition of their money. In addition, the appropriations clause also plays an important role in the separation of powers. As George Mason put it in Philadelphia in 1787, “the purse and the sword ought never to get into the same hands.” Among other benefits, making agencies dependent on Congress for their annual budget allows elected representatives to police bad behavior by taking away money when the agencies act contrary to congressional intent.

In 2018, a group of lenders challenged the CFPB in federal district court, arguing that the agency’s funding mechanism contravenes the appropriations clause. Although the district court sided with the government, the 5th Circuit reversed that decision, holding that “Congress’s decision to abdicate its appropriations power … violates the Constitution’s structural separation of powers.” Subsequently, the government sought review by the Supreme Court, which was granted earlier this week. Next term, the Court will consider the constitutionality of the CFPB’s blank check from Congress.

For more than a century, Congress has given away, or “delegated,” much of its lawmaking authority to the federal bureaucracy. Last year, for example, regulatory agencies issued 3,168 final rules, while Congress passed 247 bills, according to regulatory scholar Wayne Crews. Congress’ hands-off approach to the CFPB reflects a fundamental breakdown in the Framers’ design. 

Throughout much of the 20th century, lawmakers tempered these delegations through oversight and control of the purse strings. In the last few decades, however, an increasingly polarized Congress has abandoned meaningful engagement with the federal bureaucracy. In part, this decline is owed to the ascension of political party over institutional pride, such that half of Congress loses interest in runaway executive power whenever “their guy” occupies the Oval Office. And in part, it’s due to electoral calculus: By avoiding hard decisions, lawmakers can evade political accountability. Adding it all up, the result is a modern Congress that does something as feckless as yielding its power of the purse to the CFPB. 

A Congress that gives away its most important authority may be said to lack ambition. That’s a big problem, because the Constitution’s structure assumes that lawmakers would act the opposite. To prevent a dangerous concentration of power, the Framers divided government into three branches (legislative, executive, and judicial) and gave each the means to check the others. The animating principle, as James Madison famously explained in The Federalist Papers: No. 51, is to let “ambition … counteract ambition.” A supine Congress undermines the separation of powers, which is a crucial bulwark for liberty.

Congress must rediscover its ambition, period. A good place to start would be for lawmakers to proactively retake the power of the purse from the CFPB, regardless of how the Supreme Court rules.

The post Congress Should Not Give Any Government Agency Financial Free Rein appeared first on Reason.com.

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Joe Manchin Is Once Again Telling Republicans and Democrats What They Don’t Want To Hear


Sen. Joe Manchin is telling the truth about Social Security. "If we do nothing and just sit back with our hands in our pockets...they're going to have automatic cuts."

During the first two years of the Biden administration, Sen. Joe Manchin (D–W.Va.) often ended up having to be the responsible adult in the room.

Democrats had full control of Congress for the first time in over a decade, and many of them intended to behave like children left alone in a candy store—each pile of sugary goodness providing the energy to eat another, and another, consequences be damned. Manchin was the parental buzzkill, popping up every few months to remind his fellow Democrats that more federal spending won’t fix runaway inflation, that budget deficits still matter, and that you can’t tax money that doesn’t exist.

Now, control of Congress is divided between the two major parties—but Manchin seems determined to keep delivering reminders to eat some vegetables.

In an interview with Fox Business host Neil Cavuto on Thursday, Manchin stressed the need to put Social Security and other federal entitlement programs on a more stable footing—in light of the fact that Social Security benefits will be automatically cut when the program’s trust fund hits insolvency in or around 2034.

“If we do nothing and just sit back with our hands in our pockets and say, ‘Oh, we can’t get involved,’ they’re going to have automatic cuts. We can’t let that happen,” Manchin said.

That’s a reality that many top Democrats and Republicans refuse to acknowledge—both Biden and former President Donald Trump have pledged not to touch Social Security. But Manchin is absolutely right: Anyone who argues for leaving the entitlement programs untouched today is actually advocating for automatic, unavoidable benefit cuts in a decade.

That’s a situation that should be spurring a conversation in Washington about what the future of Social Security should look like, but Manchin is one of the few lawmakers willing to even raise the question. And the unwillingness to talk about the problem is a major impediment to finding solutions, he said Thursday.

“Is there a better program, is there a better way younger people can invest and have something for retirement? I don’t know, but if you can’t even sit down and talk with experts and talk with people…to say you’re not even going to discuss anything?” Manchin said, adding that the only thing he’d take off the table is benefit cuts for people who are currently receiving them.

In fact, yes, there are better options for young people. Abolishing Social Security would mean younger workers wouldn’t have their paychecks taxed to pay for benefits that flow to older and generally wealthier Americans.

With that extra money, young workers would have more flexibility to invest as they see fit—and most private retirement accounts are more lucrative (and, importantly, more sustainable) than Social Security. According to a 2016 Tax Foundation study, a worker retiring after making average wages could expect an annual payout of about $20,000 from Social Security. If that same worker had invested just 10 percent of their annual earnings into a typical retirement account, they’d enjoy an annual retirement income almost three times greater.

Any major change in entitlement policy is going to have tradeoffs, and there will, of course, have to be a period of time for winding down Social Security to ensure that older workers don’t have their retirement plans suddenly blown up and that truly needy retirees are protected. But that process should start now—indeed, it should have started years ago.

Manchin also took to the Senate floor on Thursday to excoriate both parties for diving up the national debt to unsustainable levels—a separate but related problem since the growing costs of entitlements are one of the primary drivers of the $31 trillion national debt.

“We’ve been spending more than we bring in every year for the past 21 years, and the debt that has resulted from that is absolutely crippling,” he said, pointing out that presidents and congressional leaders from both parties are responsible for that long track record of busted budgets. “My Democratic friends don’t want to say a word about our out-of-control spending and are outright refusing to even talk to Republicans about reasonable and responsible reforms.”

“Our problem really isn’t a Republican problem or a Democratic problem, it’s an American problem,” he added. “We have a problem, and only if we start putting our country first and acting as Americans can we fix it.”

Again, he’s absolutely right. When Social Security goes insolvent, the benefit cuts won’t fall only on Republican voters or Democratic ones. The diminished standard of living that comes as a natural consequence of having too much debt will affect all Americans—and is particularly painful for those already living with less, regardless of whether they are living in a poor urban area or in eastern Kentucky. There’s no way to solve the debt and entitlement crises with zero-sum politics that filter everything through a stupid binary of Red vs. Blue, so most politicians simply choose to avoid the topic altogether.

And when you were hoping for another all-night buffet at the candy store, no child or politician wants to be told that the real choice is between boiled broccoli and steamed spinach. But there are tough questions that Congress needs to start asking, both internally and in conversation with Americans. What’s the purpose of Social Security? Do wealthy retirees really need federal handouts? If taxes must be raised to keep entitlements running, what will the economic consequences be? And, as Manchin said Thursday, are the better alternatives out there?

Don’t trust Manchin to get all the answers right. After all, he did support the Inflation Reduction Act, which claimed to reduce future budget deficits but ultimately only offset a small amount of the new spending approved since Biden took office.

Still, it’s good that at least someone is asking these questions. Manchin should keep it up.

The post Joe Manchin Is Once Again Telling Republicans and Democrats What They Don't Want To Hear appeared first on Reason.com.

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The Coming Recession Will Be A Global One

The Coming Recession Will Be A Global One

Authored by Jon Wolfenbarger via The Mises Institute,

Over one hundred years ago, Austrian economist Ludwig von Mises discovered what causes the boom-bust business cycle.

As Mises explained, the boom is caused by central and commercial banks creating money out of thin air. This lowers interest rates, which encourages businesses to borrow this newly created money to fund capital-intensive investment projects.

The bust is caused when the money creation process slows. It is then that businesses discover there are not enough scarce resources to complete their projects, so these projects must be liquidated to allow for labor and other resources to be allocated to where they are most desired by consumers.

As a result, not only does the boom-bust business cycle cause tremendous short-term hardship, but it also lowers long-term living standards by wasting scarce capital. This is another application of the economics fact that “there is no such thing as a free lunch.” The only way to keep the boom-bust business cycle from recurring is to prevent banks from creating money out of thin air in the first place.

This explanation of the business cycle is known as the Austrian business cycle theory, in honor of Mises and those who further developed his groundbreaking theory.

One of his best students was economist Murray N. Rothbard, who summarized the theory as follows:

When the government and its central bank encourages the expansion of bank credit, it not only causes price inflation, but it also causes increasing malinvestments, specifically unsound investments in capital goods and underproduction of consumer goods. Hence, the government-induced inflationary boom not only injures consumers by raising prices and the cost of living, but also distorts production, and creates unsound investments. The government is then faced repeatedly with two basic choices: either stop its monetary and bank credit inflation, which then will necessarily be followed by a recession which serves to liquidate the unsound investments and return to a genuinely free-market structure of investment and production; or continue inflating until a runaway inflation totally destroys the currency and brings about social and economic chaos.

As Rothbard noted, governments and banks have a choice: either slow down their money creation and cause an economic bust, or accelerate their money creation and cause hyperinflation.

Thus, money supply growth holds the key to forecasting the boom-bust business cycle.

Money Supply Is Now Declining in the US

Rothbard defined the best measure of money supply, which we call Austrian money supply. It is shown in the chart below and is calculated as M2 less small time deposits and retail money market funds (since they cannot be spent on demand) plus Treasury deposits with Federal Reserve banks.

We placed red arrows on periods when money supply growth slowed before prior recessions (shaded gray). We also placed a red arrow on the current 2.2 percent decline in the money supply, which is likely to cause a recession this year. This decline follows the enormous 40 percent increase in money supply due to the Fed’s covid response in 2020 (green circle), which caused the highest inflation in forty years.

And Money Supply Growth Is Also Slowing in All Other Major Economies

Unfortunately, central banks around the world have followed the Fed’s boom-bust monetary policies.

The following chart shows Europe’s M1 money supply growth is slowing rapidly and approaching zero.

China’s M1 money supply growth is also slowing, although at a less dramatic pace, as shown below.

M1 money supply growth is also slowing in Japan, as the following graph shows.

Lastly, as this chart shows, Brazil’s M1 money supply is also declining, along with that of the US.

Leading Economic Indicators Point toward a Global Recession

Due to the broad-based slowdown in money supply growth over the past year in the major economies of the world, global leading economic indicators are falling into recessionary territory.

For example, the Organization for Economic Cooperation and Development (OECD) composite leading indicators for the Group of Twenty (G20, the twenty largest economies in the world, including the US, Europe, China, Japan, Brazil, India, Australia, etc.) have fallen to levels only seen during global recessions, as shown below.

Conclusion

Global recessions tend to be more severe than recessions confined just to the US since there is no major country in the world to serve as a growth engine to help revive the global economy. Based on the message currently being sent from money supply growth and other leading economic indicators, now is the time to prepare for the bust phase of the boom-bust business cycle.

Tyler Durden
Fri, 03/03/2023 – 13:25

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US, South Korea Announce Largest Joint Drill In Years While Calling Out “DPRK Aggression” 

US, South Korea Announce Largest Joint Drill In Years While Calling Out “DPRK Aggression” 

As if the world needs another trigger-ready hotspot and conflict theatre to open up, the US and South Korean forces on Friday announced the largest joint military drills held on the peninsula in a half-decade.

“The 11-day exercises will start March 13 and will include simulations as well as live demonstrations in the sea and air, and on land, U.S. Forces Korea and the Republic of Korea announced on Friday,” The Hill reports based on official statements. The statement from the allied militaries actually directly called out “aggression” from the north, which is likely to result in a fierce reaction from Pyongyang.

Col. Isaac Taylor, left, of the United Nations Command (UNC), Combined Forces Command (CFC), and United States Forces Korea (USFK) and Col. Lee Sung-jun of South Korea’s Joint Chiefs of Staff. Pool photo via AP.

“Freedom Shield is designed to strengthen defense and response capabilities of the Alliance by focusing within the exercise scenario on things such as the changing security environment, DPRK aggression and lessons learned from recent wars and conflicts,” the joint statement said

The Kim Jong-un regime has previously called such drills a “rehearsal” for invasion, and has responded to recent ones by ramping up short to medium range missile tests.

According to The Hill, multiple side exercises will accompany the main one, “Also, troops will engage in another joint drill called Warrior Shield FTX, which will see air, land, sea, space, cyber and special operations exercises.”

“The last major drill of comparable size that the U.S. and South Korea held in the Korean peninsula was Foal Eagle in 2018,” The Hill notes. The announcement came on the same day that the US continued long-range bomber flights over regional waters:

On Friday, the two militaries also conducted a combined air drill with at least one American B-1B long-range bomber and South Korean F-15K and KF-16 fighter aircraft, South Korea’s ministry of defense said in a statement. The aim of the drill was to practice coordination as well as demonstrate Washington’s “extended deterrence” against North Korean threats, the ministry said.

The North Korean foreign ministry has in response called on the US to withdraw these plans and to halt all joint training, while removing military assets from the peninsula. Pyongyang warned that if the US continues its “hostile and provocative practices” – this will be interpreted as an act of war

Tyler Durden
Fri, 03/03/2023 – 13:05

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Howard Law School Sued by White Student Over Racial Discrimination

Howard Law School Sued by White Student Over Racial Discrimination

Authored by Jonathan Turley,

A new lawsuit is garnering attention in Washington where a white law student has sued Howard University’s School of Law for racial discrimination.

Michael Newman alleging the school maintains a “hostile education environment.”

The complaint names Law Dean Danielle Holley as well as other Howard officials in addition to the university as a whole.

Newman joined the freshman class at Howard in the fall semester of 2020 and remained there for two years. 

He was expelled in September 2022. He alleged that he suffered “depression, anxiety and suicidal thoughts” as a result of “public ostracism, vilification and humiliation” due to his race.

The complaint is particularly detailed in what Newman alleges was Holley’s role in this hostile environment.

It alleges that Holley told him that the school owed him no First Amendment rights as a private institution and denied that using terms like “King Mayo” and “mayonnaise” were in any way racial epithets.

He claims that Holley told student to avoid interacting with him and advised him to avoid further discourse with students.

Global Head of Diversity Recruiting Reggie McGahee allegedly told Newman he had become the most hated student he had seen during his time at Howard.

Newman was targeted by students after he posted thoughts on an online forums following a symposium featuring an African-American speaker in the run-up to the 2020 election.

Newman asked a professor if there could be further dialogue on “whether: (1) Black voters didn’t question turning to government for solutions, and (2) reliably voting for the same party every election disincentivized both parties from responding to the needs of the black communities.”

The response was highly negative and Newman was removed from at least one of his group chats for the class.

Another flashpoint occurred after a student searched Newman’s social media posting and found a famous picture of a slave baring his badly scarred back with the caption, “But we don’t know what he did before the picture was taken.” 

Newman explained that this was a posting against police brutality and an attempt to rebut claims that victims must have done something wrong to justify such a reaction.

Newman faced racial slurs as the “mayo king” and “white panther.”

Other students claimed that the “controversies” caused by his exercise of free speech was producing stress and inhibiting their learning.

When Newman attempted to explain his views in a four-part letter, it was labeled a “manifesto” and resulted in Newman’s removal from a second class-wide group chat.

Holley is accused of secretly recording at least one meeting with Newman and publicly denouncing Newman’s views in a public forum as “disturbing in every sense of the word.” She allegedly blocked him from using several functions to try and speak up in his defense, even disabling the chat function and turning off his camera.

Holley and Newman filed complaints against each other. A law school panel sided with the dean, but the complaint alleged that his complaint was never adjudicated.

Holley is correct, if as alleged, she denied the governance of the First Amendment over her actions or those of her school. Howard is a private, not a state, school. However, the university guarantees free speech protections for both students and faculty, even though the university has been repeatedly flagged as hostile to free speech due to its speech code. It is ranked 93rd on free speech rights.

Moreover, as Dean, Holley should be striving to assure free speech protections for all students as the very foundation for higher education. That is particularly true at a law school that should be instilling the values of free speech that define not just our country but our profession.

Tyler Durden
Fri, 03/03/2023 – 12:44

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Tennessee Bans Pornographic Performances by “Male or Female Impersonators” Where Minors Can See Them

The newly enacted statute provides:

… “Adult cabaret entertainment” … [m]eans adult-oriented performances that are harmful to minors, as that term is defined in § 39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; …

“Entertainer” means a person who provides: (A) Entertainment within an adult-oriented establishment, … or (B) A performance of actual or simulated specified sexual activities, including removal of articles of clothing or appearing unclothed, [both] regardless of whether a fee is charged or accepted for the performance …;

It is an offense for a person to perform adult cabaret entertainment:
(A) On public property; or
(B) In a location where the adult cabaret entertainment could be viewed by a person who is not an adult ….

To understand this, one has to read § 39-17-901, which provides:

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse when the matter or performance:

  1. Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors;
  2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
  3. Taken as whole lacks serious literary, artistic, political or scientific values for minors ….

“Prurient interest” means a shameful or morbid interest in sex;

And it’s also important to know that the Supreme Court has held that, even as to “harmful to minors” material (also known as “obscene as to minors”), “to be obscene ‘such expression must be, in some significant way, erotic.'”

This therefore means that the bill doesn’t ban drag shows generally, or even drag shows that can be seen by minors. Rather, it just bans drag shows that could be viewed by minors (or are on public property) that depict “nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse” that are “in some significant way, erotic,” appeal to minors’ interest in sex, and otherwise satisfy the three-prong.

Bans on distributing “harmful to minors” material to minors have been upheld (see Ginsberg v. N.Y. (1968), which used the then-existing definition, but which has been understood to justify the more modern definition used by the Tennessee statute). Likewise, courts have generally upheld restrictions on displaying such materials where minors can see them. So the law may well be consistent with the First Amendment, but precisely because it narrowly focuses on essentially pornographic material (in the sense of requiring depiction of nudity or sex in an erotic way that appeals to minors’ interest in sex). Drag shows that lack such material remain protected by the First Amendment, and aren’t covered by the law (though of course there might be worry that some prosecutors will overfocus on the “male or female impersonator” portion of the law and won’t pay enough attention to the other requirements).

At the same time, there are three possible twists. First, the law applies to “public property” even where minors aren’t present (e.g., if someone rents space from a government entity and puts on a show while making sure that minors aren’t admitted). This might still be upheld as a reasonable, viewpoint-neutral restriction on speech on government property that isn’t a traditional public forum. But it’s a bit complicated.

Second, one could argue that specifically targeting “male or female impersonators” makes the law an impermissibly content-based classification even within the First Amendment exception for “harmful to minors” speech that’s displayed to minors. See R.A.V. v. City of St. Paul (1992) (holding that such content-based restrictions even within an unprotected category of speech are presumptively unconstitutional).

Third, to the extent that the ban on “male or female impersonator[s]” necessarily discriminates based on sex—a woman dressed as a woman isn’t a female impersonator, but a man dressed precisely the same way is one—it might violate the Equal Protection Clause, which the Supreme Court has generally held presumptively forbids sex classifications.

Note, though, that even if the statute is struck down on the second or third grounds, the same conduct (except perhaps pornographic shows in spaces rented from the government where minors are excluded) could be banned by a general prohibition on “harmful to minors” performances where minors are present, and may indeed already be banned by Tennessee law that regulates sexually themed performances.

The post Tennessee Bans Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them appeared first on Reason.com.

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