Disney Stock Plunges To 9 Year Lows After Multiple Woke Box Office Failures

Disney Stock Plunges To 9 Year Lows After Multiple Woke Box Office Failures

Maybe attacking the state of Florida and supporting transgender indoctrination in schools was not the best money-making business model? 

Disney has been injecting far-left propaganda into its film productions and streaming productions for a number of years, but it was not until their very public attempt to undermine Florida’s Parental Rights In Education Bill that larger audiences started applying more scrutiny to the company and withholding their dollars.  In the past, consumers used to let subversive progressive preaching slide, but with the rapid decline in story quality as well as the open hostility shown by companies like Disney towards conservatives, the tide is turning.   

Woke leftist messaging would include – Mary Sue stories designed to bolster false feminist premises while denigrating men.  Critical Race Theory messaging that attempts to exaggerate and exploit negative race relations.  The race swapping of established white characters for the sake of virtue signaling.  The erasure of positive romantic stories featuring straight protagonists; showing only LGBT relationships in a positive light.  LGBT propaganda aimed at young children.  The promotion of trans ideology, often based on anti-science.  Sexualized messaging aimed at children.  Regularly depicting pro-American and pro-free market characters as the villains.  The list goes on…         

When it comes to the “culture war” there are a few important questions that have been begging to be answered for the past several years:

1)  Is there really a market for woke propaganda in popular media?

2)  If so, how much of the population is actually going to spend money to consume that propaganda?

3)  If there is no market and the business model is a money losing prospect, then why are so many major corporations abandoning traditional American audiences and pumping out such garbage anyway? 

For a long time the public has been told that woke entertainment is the wave of the future and that the majority of Americans want to see such stories more often.  They have also been told that anyone who criticizes the social shift in media to the far-left is “probably a bigot or a fascist” and that they should be treated as monsters.  Yet, crashing audience numbers and plummeting profits for Hollywood have indicated the opposite (theater audiences have dropped by 50% in the past four years).  It is a condition they have sought to hide, but the consequences of bad business practices cannot be denied forever.

Consumer boycotts of woke brands have erupted in 2023, leading to the implosion of companies like Bud Light and the continued sales rot of retailers like Target.  Leftists have joked that the public would have to stop shopping almost everywhere just to boycott all the actively woke corporations – Basically admitting that the corporate world they claim to hate is on their side.  However, there’s always small businesses, and the boycotts don’t have to target every single woke perpetrator, they only need to make examples out of a handful to send a message.  

What’s the message?  Leftists are a minority and they are broke bums.  There is no market for what they are selling. 

Disney has learned this lesson the hard way with a string of major box office failures leading to at least $1 billion in losses this year along with their stock crashing to 9-year lows this week.  Disney park attendance is also thinning dramatically with wait times on rides down from 47 minutes to 27 minutes on peak days.  The company is now considering selling off assets to stay afloat, with Amazon in talks to purchase a stake in ESPN streaming.

One could also blame the growing cancer of “stakeholder capitalism,” a notion developed by the World Economic Forum which argues that corporations must engage in social engineering rather than being concerned with making money.  Without ample ESG funding to backstop the losses these companies have to fund their agitprop from their own coffers, and now we are seeing the inevitable results.

Tyler Durden
Mon, 08/28/2023 – 06:55

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Did Banks Hand Private Financial Data to the FBI Without Legal Process?


A Bank of America sign against a blue sky backdrop. | Luckydoor | Dreamstime.com

The House Judiciary Committee is investigating banks for sharing Americans’ financial information with the FBI without regard for privacy concerns. In fact, there’s no doubt about the threat to civil liberties posed by the government’s leverage over the financial industry; that’s long established. At question in this investigation is whether the danger to our freedom inherent in that cozy relationship is being wielded in political warfare between the country’s political factions. But the larger problem should be fixed no matter what lawmakers discover.

“Today, Chairman Jim Jordan (R-OH) subpoenaed Citibank for documents and communications related to the Judiciary Committee’s and Weaponization Select Subcommittee’s investigation into major banks sharing Americans’ private financial data with the Federal Bureau of Investigation (FBI) without legal process for transactions made in the Washington, D.C., area around Jan. 6, 2021,” the House Judiciary Committee announced August 17.

The subpoena followed June 12 queries to Citigroup, JPMorgan Chase & Company, PNC Financial Services, Truist, U.S. Bankcorp, and Wells Fargo after testimony by FBI whistleblowers that Bank of America voluntarily handed the FBI records on people who had used its services in the Washington, D.C. area around the time of the January 6 Capitol riot. “Individuals who had previously purchased a firearm with a BoA product were reportedly elevated to the top of the list,” according to a May report.

Banks Have Long Been Government Snitches

If the banks in question surrendered private financial information to federal officials based on little more than “please,” that’s disturbing. It’s also believable since financial institutions have long operated as surveillance arms of the state, tracking transactions and movements, making assumptions about what they might mean, then turning that information over to government officials under regulatory pressure.

“The mission of the Financial Crimes Enforcement Network is to safeguard the financial system from illicit use, combat money laundering and its related crimes including terrorism, and promote national security through the strategic use of financial authorities and the collection, analysis, and dissemination of financial intelligence,” boasts the federal agency, which operates under the umbrella of the U.S. Department of the Treasury. To that end, it administers a host of rules including customer due diligence mandating that banks “identify and verify the identity of customers,” larger “know your customer” rules specifying that financial institutions profile clients once they’re identified, the misnamed Bank Secrecy Act which requires “financial institutions to, among other things, keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount),” and suspicious activity reports which banks must file on “suspicious or potentially illicit activity.”

As it did in many areas, the USA PATRIOT Act tightened the screws of surveillance when it came to financial activity.

“The National Security Letter provision of the Patriot Act radically expanded the FBI’s authority to demand personal customer records from Internet Service Providers, financial institutions and credit companies without prior court approval,” notes the ACLU.

Regulators Strong-Arm Industry Compliance

The financial industry is heavily regulated by government officials. That gives them the ability to torment private businesses based on idiosyncratic interpretations of vague laws and regulations.

“The SEC staff told us they have identified potential violations of securities law, but little more,” Paul Grewal, chief legal officer for the crypto exchange Coinbase, complained in March about a nastygram from the Securities and Exchange Commission. “We asked the SEC specifically to identify which assets on our platforms they believe may be securities, and they declined to do so.” Grewal went on to detail his company’s efforts to comply with rules and regulators’ refusal to respond, except with threats.

Unfortunately (but probably not accidentally), such power creates incentives to over-interpret activity as “suspicious” and to snitch on customers to stay on the good side of federal agencies.

“Government officials can use informal pressure — bullying, threatening, and cajoling — to sway the decisions of private platforms,” the Cato Institute’s Will Duffield wrote regarding federal efforts to strong-arm tech companies into suppressing disfavored speech. Such “jawboning” is easily applied to any heavily regulated industry, including finance. It can also be used to encourage more than snooping, such as outright denial of service.

“According to our data, nearly 2 out of 3 people who earn money in the adult industry have lost a bank account or financial tool, and nearly 40% have had an account closed in the past year,” the Free Speech Coalition, an adult-industry trade group, reported of the results of a survey earlier this year.

While the report didn’t speculate as to the cause of the closures, the problem looks very much like a continuation of the Obama administration’s Operation Choke Point, under which federal agencies including the Department of Justice and the Federal Deposit Insurance Corporation leaned on banks to deny services to businesses which government officials just didn’t like.

“Operation Choke Point was created by the Justice Department to ‘choke out’ companies the Administration considers a ‘high risk’ or otherwise objectionable, despite the fact that they are legal businesses,” summarized a 2014 House Oversight Committee report. “The sheer breadth of industries affected – including firearms and ammunition sales, adult entertainment, check cashing, and payday lending – has generated significant concern with the objectives and scope of Operation Choke Point.”

While Operation Choke Point officially ended in 2017, the Free Speech Coalition survey is only part of the evidence that government still cuts off disfavored individuals and industries from financial services. And if the feds are willing to lean on banks to deny service to targeted customers, they’re certainly willing to use their tools to conscript bankers as informants.

Rein In Regulators, No Matter What

So, did the FBI squeeze banks for information on people who were present in Washington, D.C. on the day of a riot, without providing evidence that they participated in the violence or even went near the related and perfectly legal election protests? That would certainly be a dangerous escalation in the abuse of government officials’ leverage over the financial industry. If House Judiciary Committee Chairman Jim Jordan finds evidence to support his allegations, heads should roll.

But even if he finds no evidence to support those charges, government regulatory power is too intrusive and arbitrary, and easily abused. Just as politicians have leaned on the tech sector to muzzle speech, they have long pressured banks to spy on customers and deny services to people whose existence offends officialdom. That power is a problem in itself, no matter what this investigation uncovers.

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Sixth Circuit Denies Qualified Immunity to School Officials

Qualified immunity is not reserved for police officers. Other government officials invoke QI as well. A reasonable number of QI cases actually arise in the educational context. A recent example is McElhaney v. Williams from the U.S. Court of Appeals for the Sixth CIrcuit, in which school officials allegedly retaliated against a parent who criticized his daughter’s softball coach.

Judge Readler summarized the issues as follows:

Youth sports are as much about instilling life lessons as they are winning and losing. Child athletes can be forgiven for occasionally losing sight of this bigger picture. But we expect more from their parents.

As this case demonstrates, those expectations are not always met. Randall McElhaney is an enthusiastic supporter of his daughter, who, when this dispute arose, was an infielder on her high school softball team. His passion, however, sometimes gets the best of him. When his daughter was benched, McElhaney sent text messages to her coach criticizing his managerial decisions. In response, school officials banned McElhaney from attending games for the next week.

A dispute over the team’s starting infield soon became much more. McElhaney filed this suit, alleging that school officials retaliated against him for criticizing his daughter’s coach, speech that McElhaney believed was shielded by the First Amendment. Defendants moved for summary judgment on qualified immunity grounds. In their minds, McElhaney was not denied a constitutional right, let alone one that was clearly established. Reaching only the clearly established prong of qualified immunity, the district court granted defendants’ motion and entered judgment in their favor.

As we see things, it is clearly established at a low level of generality that when a school employee interacts with a student, speech by the student’s parent about those interactions enjoys First Amendment protection. On that basis, we must reverse the district court. We remand the case to resolve whether retaliation occurred in the first instance.

And from later in the opinion:

In this day and age, one need not look (or scroll) far to find speech she deems disrespectful. Many of us might share her sentiment. But that does not mean the disrespectful speech opens one up to government retaliation. The First Amendment muscularly protects most types of speech. For today’s purposes, it is enough to say that those protections encompass a parent’s criticism of the ways in which school employees treat the parent’s child at school. See Jenkins, 513 F.3d at 588. In that situation, it is clearly established at a low level of generality that a school official may not retaliate against the parent for the content of his speech. See id.

Accordingly, McElhaney has satisfied the clearly established prong of the qualified immunity inquiry. That leaves the threshold question of whether a constitutional violation in fact occurred, a determination best made by the district court on remand. Cf. Novak, 932 F.3d at 430 (remanding a First Amendment retaliation qualified immunity claim). Back in the district court, the evidence might show that none (or only some) of defendants’ actions were motivated by McElhaney’s speech, rather than the time, place, or manner of that speech. Or it might show that the ban was not a sufficiently adverse action. Rudd v. City of Norton Shores, 977 F.3d 503, 51415 (6th Cir. 2020) (collecting cases on instances of “adverse action”). Either way, these questions are best answered by the district court in the first instance.

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Will The BRICS Dethrone The US Dollar?

Will The BRICS Dethrone The US Dollar?

Authored by Daniel Lacalle via dlacalle.com,

Are the BRICS a threat to the U.S.?

The summit of the so-called BRICS (Brazil, Russia, India, China, and South Africa) has closed with an invitation to join the group extended to the Emirates, Egypt, Iran, Saudi Arabia, Argentina, and Ethiopia.

The summit has generated a lot of headlines about the impact of this widespread group of nations, including speculation about the end of the U.S. dollar as a global reserve currency if this group is perceived as a threat to the United States or even the International Monetary Fund.

Several things need to be clarified.

Many political analysts believe that China lends, invests, or supports in return for nothing. China is a major economic power, but it has no interest in being a global reserve currency. Its currency is currently used in only 5% of global transactions, according to the Bank of International Settlements.

China and Russia have capital controls. It is impossible to have a global reserve currency without freedom of capital movement. More requirements are needed than solid gold reserves to have a stable fiat currency. It is essential to guarantee economic freedom, investment, legal security, and the free movement of capital, as well as an open, transparent, and diversified financial system.

China and Russia are much more demanding and rigorous lenders than many politicians think. It seems that some emerging market politicians think that joining China and Russia will be a kind of free money panacea.

Another problem with creating a BRICS currency is that, logically, neither China nor Russia has the slightest intention of losing their national currency to dilute it alongside a group of issuers who have a doubtful track record in controlling their monetary imbalances. Over the past ten years, the currencies of the BRICS guest countries have depreciated significantly against the U.S. dollar. The Argentine peso has fallen by 98%, the Egyptian pound by 78%, the Indian rupee by 35%, the Ethiopian birr by 68%, the Brazilian real by 55%, according to Bloomberg, and the Iranian rial has collapsed by 90%, according to The Economist. Putting together weak currencies does not create a strong currency.

We must not forget that the performance of the Russian ruble (-68% against the U.S. dollar, according to Bloomberg) in the last decade has also been poor despite having a relatively prudent central bank.

The best “BRICS and guests” currency against the U.S. dollar in the last 10 years is the Chinese yuan, with a depreciation of only 14%.

For a fiat currency to be stable, it is necessary that the issuer defend it as a reserve of value, a generally accepted payment method, and a unit of measure. Freedom of capital and independent institutions that provide legal security to domestic and international investors are needed. Having a strong military power does not guarantee a currency accepted as a reserve of value, as demonstrated by the disastrous Soviet kopek, despite the USSR’s influence on half the world.

Moreover, China has no interest in taking on all the challenges required to be a global reserve currency, starting with a financial and monetary system with a high level of independence from political power. Many analysts ignore that what has made the Federal Reserve a success as the world’s central bank is that it is not under total state control or public management. The Fed may not be completely independent, but it is as independent as a central bank for a fiat currency can be.

Joining countries with governments that advocate monetizing uncontrolled public spending and massively increasing monetary imbalances cannot create a stable currency unless they implement the example of the euro. In the euro, Germany, the country with the most prudent and responsible fiscal policy, dictated the main lines of the monetary and fiscal rules for the rest. Unfortunately, the eurozone and the ECB, in trying to play to be the US and the Federal Reserve, have lost most of their options to be a real alternative to the U.S. dollar. And the euro is the greatest fiat monetary success in the post-Bretton Woods era; let us not deprive it of its merit.

The BRICS alternative starts with a major Achilles heel. China and Russia are going to have major difficulties imposing fiscal and monetary policy restrictions on their partners. Let us not forget that several of these partners have joined the group, thinking that from now on they will be able to continue printing money and spending without control, but their monetary imbalances will be distributed to other nations.

The euro has been a success because liberal democracies with independent institutions and broad economic freedom and legal certainty agreed to align their policies for the common good, creating a solid currency that avoided the debacle created by the inflationary spirals that were the norm in Europe historically when governments devoted themselves to transferring their imbalances to citizens’ wages and savings through monetary destruction. This does not seem easily replicable with BRICS and guests.

China, however, can increase its control over all these countries by implementing rigorous monetary and fiscal policies. It is the strongest lender of all the BRICS, but it is unlikely to take on the role of the euro’s Germany, willing to absorb the excesses of others in exchange for a common project. China is going to increase its control over the countries in the group, but it is not likely to jeopardize the stability and security of its enormous population by sinking the currency. The Chinese government is probably analyzing how the euro is losing monetary prudence and reaching the conclusion that it cannot take that same risk with some of these new partners. However, China will probably make the most of its financial strength to lend, increase their domestic and international growth options, and access abundant and cheap commodities.

China is the big winner of the BRICS summit. The Chinese government probably knows that many of its partners are going to continue increasing their imbalances, and this may allow China to strengthen its leadership position. However, I find it hard to believe that China will agree to the creation of a currency that others can use to trigger inflationary imbalances.

Meanwhile, in the U.S., the government may jeopardize the credibility of the U.S. dollar if it continues to generate deficits of two trillion dollars a year, more than a $14 billion estimated deficit by 2030, and with an increasing number of irresponsible advisers saying that it can create all the money it wants without risk. The fiscal credibility, institutional independence, and economic freedom of the U.S. dollar, the most widely used currency in the world, cement its leadership. If the government undermines these strengths, the dollar will lose its reserve status.

The end of the U.S. dollar, if it comes, will not arrive through competition from another fiat currency, as the temptation of governments to destroy the purchasing power of the issued currency is too strong. It will probably come from independent currencies.

Tyler Durden
Mon, 08/28/2023 – 06:30

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Latinos Increasingly Think False Claims Of Racism Bigger Problem Than Real Racism

Latinos Increasingly Think False Claims Of Racism Bigger Problem Than Real Racism

Three years of relentless, post-George Floyd race-baiting by major media, politicians and woke corporations has had varying effects on Americans’ perception of the extent to which racism is a real problem in the country.

A growing majority of whites think false accusations of racism are a bigger problem than failures to perceive real racism. The cultivation of black victimhood has taken a predictable toll on that group, but the biggest and most interesting move has been observed among Hispanics. 

In 2020, buildings burn in Minneapolis during protests over the killing of George Floyd (Victor J. Blue/ New York Times)

To their credit, the folks at Pew Research Center have dared over recent years to ask Americans which is the bigger problem:

  • “People NOT seeing racism where it really does exist”
  • “People seeing racism where it really does not exist.”  

In this year’s survey, 54% of whites said phantom racism is the bigger problem for American society. That’s up 2 points since 2019. 

What happens when you constantly tell black people that racism is the reason for every disparate outcome in American society — and that they’re consequentially owed cash reparations and special treatment? In 2019, 14% of blacks said false claims of racism represent the biggest problem. That’s now shrunk to 11%, with 88% saying the inability to see racism is the bigger challenge. 

Source: Pew Research Center

The most significant shift over the past four years has been observed among Hispanics. Fully 40% of Hispanics now say that seeing racism where it does not exist is the bigger problem — an impressive 10-point increase from 30% in 2019.  A similar but smaller shift has occurred among Asians. A third say phantom racism is the bigger problem, up 5% since 2019. 

As with every other issue, the sharpest divide comes across party lines, as 74% of Republicans say phantom racism is the bigger worry, compared to just 19% of Democrats. 

Tyler Durden
Mon, 08/28/2023 – 05:45

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Should ‘Sensitivity Training’ Be Forced on Southwest Airlines?


Southwest airlines loses religious discrimination lawsuit | Photo 114664434 © Ajdibilio | Dreamstime.com

In early August, a furor broke out among legal commentators when District Judge Brantley Starr in Texas ordered lawyers for Southwest Airlines to submit to training on the rights of religious believers conducted by the Alliance Defending Freedom (ADF), a well-known and controversial right-wing litigation group. The furor is well-founded, but one may hope that its lessons extend beyond this case.

The judge’s order came in the aftermath of a high-ticket religious discrimination verdict. Southwest employee Charlene Carter had sent dozens of messages to her union president berating her for countenancing abortion through union support of the national Women’s March. Many of these messages were abusive, persistent, and uncivil to the point where Southwest interpreted them as harassment and fired Carter. She sued, claiming the company had not adequately accommodated her religious beliefs as required by federal and Texas law. (Southwest has argued that disapproval of abortion should be seen not as a species of religious belief, which employers are obliged to accommodate, but as a species of ethical and political belief, which neither Texas nor federal law treats as protected categories.) A jury found in Carter’s favor, awarding her $5 million in damages, which Starr later reduced to about $800,000 to comply with limits on punitive awards.

As part of the verdict, the judge ordered Southwest to inform its staff that under federal law it “may not” discriminate against them for their religious practices and beliefs. Instead, the airline sent its staff a message drafted by its lawyers saying that the airline “does not” discriminate on those grounds. Carter’s attorneys protested that this wording—substituting “does not” for “may not”—constituted willful noncompliance with the judge’s order and requested sanctions. The airline agreed to issue a notice with the revised wording and pay Carter’s new round of attorney’s fees, but the judge found that wasn’t enough, and ordered, as what he later called the “least restrictive means” of obtaining compliance, that the airline’s lawyers undergo what used to be called sensitivity training.

And not just by any old trainer, either. “ADF is not an unbiased, educational institution — nor does it pretend to be,” writes legal journalist Chris Geidner, who helped break the story. It is a legal powerhouse in the world of social conservatism, regularly filing lawsuits aiming to limit abortion and the rights of gay people and appearing in 10 Supreme Court cases. The ADF apparently had not been involved previously in Carter’s case, though it has conducted trainings as part of the settlement of litigation it has pursued.

Washington Post columnist Ruth Marcus perhaps overstated matters when she wrote that Starr’s ruling was “straight out of ‘The Handmaid’s Tale'” and “tantamount to creating a government-endorsed thought police.” But for the judge to order lawyers to submit to mandatory training by the ADF is just as improper as if he had ordered attendance at trainings conducted by, say, the left-leaning Southern Poverty Law Center. Judges ought to take care that the remedies they order are free from any smack of ideological correction, whether conducted by “cause” groups or others.

Which brings us to the question: Is this the first time an employer has been ordered to accept mandatory training by highly opinionated private instructors?

Not by a long shot. American employers get ordered into compliance training on discrimination matters all the time. Sometimes it’s because they lose lawsuits, as Southwest did. At other times they accept the training as part of a deal to settle lawsuits. And by far the most common way training is required is through laws or regulations that provide that everyone in some legally defined class (supervisors, those who accept government contract work, etc.) submit to it. California, Connecticut, Illinois, and several other states require broad classes of employers to put either supervisors or all staff through training on harassment topics, often specifying subtopics that must be taught and who counts as a state-qualified trainer.

In the litigation context especially, it’s not as if companies are necessarily left to their own choice of trainer. Thus a court turned down one company’s request to have its own lawyers conduct compliance training following a lawsuit, instead requiring that it be carried on either by the court’s appointed outside monitor or by another third party approved by the Equal Employment Opportunity Commission (EEOC), the plaintiff in the case. In a different settlement with the EEOC, a container company agreed “to retain an expert on sexual orientation, gender identity, and transgender training to assist in developing a training program for [its] staff on LGBT workplace issues.” That sort of thing happens regularly with no special notice paid in the legal press.

It’s worth pausing to spell out more explicitly that in-person compliance training can come in many flavors, ranging from painless and friendly to just-the-facts impartiality to interactive sessions presented by cause-oriented trainers who bring strong ideological commitments. Not surprisingly, many employers in search of a nonpolarizing, noninflammatory workplace experience prefer the friendly or neutral sort of training, perhaps delivered by the company’s own law firm or by an H.R. consultancy skilled at conveying compliance essentials in a way that does not come across as accusatory or crusading.

On a practical level, however, it’s organizations with substantial means that are most likely to be able to afford seasoned trainers sensitive to such considerations. A smaller company may feel budget pressure to go with training it can find at a cut rate. And trainers who charge less may do so precisely because they are motivated to be in the field by strong views about it.

At least one judge in high places has voiced concern at the civil liberties implications of letting the state mandate lectures that might come across as seeking to change or undermine listeners’ opinions about aspects of the law they may not agree with, as distinct from simply making sure they know what counts as compliance. Supreme Court Justice Neil Gorsuch even used the word “re-education” in a recent case to refer to the training that the state of Colorado ordered cakemaker Jack Phillips to provide to his staff in the famous Masterpiece Cakeshop case.

As it happens, one progressive commentator at Slate went into high dudgeon at what he saw as the “frightening implications” of Gorsuch’s brief remarks calling into question mandatory training like Colorado’s, which was, after all, merely one of “various tools to ensure compliance” with employment law. The commentator even seemed to suggest that Gorsuch must be purposely trying to undermine a needed and wholesome legal remedy. (Slate does not seem to have published anything yet on the Southwest/ADF affair.)

Meanwhile, on the other side, one group that appears to be well aware of the coercive dangers involved is none other than the ADF. Its brief in Masterpiece Cakeshop v. Elenis (2019) likewise referred to Colorado’s training order as “reeducation.” Nevertheless, its chief counsel told a reporter that the group would be “happy to help” in Starr’s order. Maybe there is some scenario in which it resolves to set aside its intense commitments and teach the legalities in a simple and impartial manner. But as one legal observer familiar with the ruling told me, “The judge did not choose ADF because of its presumed ability to deliver neutral training.”

As for Southwest, it has hired an experienced Supreme Court litigator and filed a brief requesting a stay (which was successful) laying out a preview of the First Amendment arguments it expects to take to higher courts if needed. It also argues that the underlying jury verdict is likely to be overturned on appeal and that the order exceeds the court’s civil-contempt powers, which are meant to secure a party’s future compliance or compensate an opposing party for losses from noncompliance, neither motive being applicable here in its view.

Assuming the airline does not get the order nixed on one of these other legal grounds, or prevail on the plaintiff to drop matters, the dispute will be worth watching as one that could result in significant First Amendment precedent down the road.

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Morgan Stanley: The AI Revolution Will Lead To Lower Policy Rates First, Then Higher Ones

Morgan Stanley: The AI Revolution Will Lead To Lower Policy Rates First, Then Higher Ones

By Seth Carpenter, Morgan Stanley Global Chief Economist

The topic of artificial intelligence (AI) is still top of mind in markets, in particular among equity investors, who have to sort the winners from the losers and decide how to trade the theme. The macro topics of employment, inflation, and interest rates are relevant to the theme as well. Over time, we will learn how AI gets deployed, in which industries, and over what time horizon the benefits are realized.

For employment, I continue to be skeptical of the gloomy prognostications that a myriad of workers will lose their jobs to new technology. Economies evolve, and the advent of the lightbulb has not left a lingering horde of unemployed candlemakers. The implications for labor markets can be categorized (following, for example, Acemoglu (2021)) into a productivity effect, a displacement effect, and a reinstatement effect. Higher productivity makes each worker more profitable and thus should increase the demand for labor over time. But some will be displaced in the short run, as fewer workers are needed and tasks get automated. But a frequently overlooked factor is that new technology creates new jobs, reinstating many workers. The invention of the computer created a need for computer programmers. Because displacement can be more of a short-run phenomenon, the faster the adoption of the new technology, the higher the risks of an adverse effect on employment. The timing of adoption and deployment is still unclear;my colleague Joe Moore and his team have highlighted immediate market effects, while our recent CIO survey suggests that firms are looking into AI, but that an immediate disruption is not likely.

We should also remember that simply because the same work can be done by fewer workers, the result is not lower employment. History suggests we will simply see more output. The legal profession is often cited as ripe for disruption by AI. But the question remains whether the same amount of legal work will be done with fewer paralegals and associates, or instead, if items such as wills and trusts will go from being the purview of the relatively wealthy to becoming ubiquitous. Confoundingly, the higher output may not be measurable. In financial services, for example, AI is being explored and deployed. Institutional investors may learn to cover more single-name stocks than ever before and develop investment theses across more and more asset classes. Doing more work without reducing employment is clearly a plausible outcome, but if the whole industry adopts the technology, gains will be competed away. The result may be no measured efficiency gains or an arms race with no winner.

But surely, across the various applications, there will be some net increase in meaningful and measurable productivity, allowing the economy to produce more at lower cost. The result eventually would be a disinflationary impulse. For now, the Fed is working on bringing inflation down through restrictive monetary policy—AI or not. And since the productivity gains will only play out over time, we can think about the period after the Fed has restored price stability. Will inflation fall back below target? Only until the Fed sees the disinflation happening, and then it will want to ease policy to take up the slack created by a more-productive economy.

While the disinflation from rising productivity should first lead to lower policy rates, over time, if productivity gains are large and sustained, we should actually see higher policy rates. The greater productivity is, the greater the incentive to invest. To keep the economy in equilibrium with rising productivity takes higher interest rates. And if the higher productivity growth is expected to last for some time, the higher rates should be reflected across the entire yield curve. Further, because the higher rates would be driven by fundamentals and not inflation, the entire real yield curve should rise. But, instead of seeing higher real rates as a negative for equities, faster productivity growth means that both earnings and real rates can rise in tandem—a shift in a correlation that many in markets have become used to.

Tyler Durden
Mon, 08/28/2023 – 05:00

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Brickbat: Too Much Paperwork


Chicago Police Department SUV | Erik Lattwein | Dreamstime.com

The Chicago Police Department said it is investigating an incident in which officers apprehended a man identified by witnesses as the person who attacked another man on the Magnificent Mile, then let him go without filing a report. A local media outlet reports that at least three people tried to file a report on the attack, but officers refused to take their report. An officer finally came to the hospital and took a report from the victim four days after the attack. The man died from his injuries days later.

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EU’s Draconian Social Media Censorship Laws Are Now Officially Enforceable

EU’s Draconian Social Media Censorship Laws Are Now Officially Enforceable

Free speech is a problem – Not so much for the general population, but for the establishment class and their grip on social influence.  Much like the invention of the printing press that created an information revolution in the Middle Ages, the internet has created a global platform which almost anyone on the planet can access and speak, hypothetically, to millions or even billions of people.  This level of information sharing is unprecedented in human history and so it is no surprise that governments and globalists want the ability to filter what is said and what is heard to their benefit.

To this end, the EU Commission, using the covid event as a convenient cover, heralded the passage of the ‘Digital Services Act’ (DSA) in early 2022.  The DSA was presented as a tool for the EU to “rein in” the power of social media corporations, but in reality its primary purpose is to give the EU legal precedence to force Big Tech companies to apply EU censorship standards to their platforms even if they are not European based businesses.  In other words, the goal is to force the entire western world to accept the European governance of online speech while ignoring national boundaries and constitutional protections.

Similar to China’s “Great Fire Wall”, the EU plans to use the DSA as a means to shut down domestic access to offending websites and content.  But where the EU situation is unique is in their focus on controlling speech outside of Europe as well.  That is to say, information and speech among non-Europeans could still be identified as a threat to their leftist sensibilities and cited as a reason for sanctioning a website altogether. 

This means, for example, that an EU-friendly (censored) version of Twitter might still not be allowed to operate, not because of information shared by Europeans, but because of information shared on Twitter outside of Europe.  The EU will not be happy until every other country follows the same online rules they follow.   

These rules would include EU “hate speech” and “disinformation” restrictions.  Keep in mind that in many parts of Europe using the wrong pronouns for a trans person is considered punishable hate speech, and pointing out that medical masks are useless for stopping covid transmission is considered dangerous disinformation.  Scientific facts don’t play into such determinations, they are purely political. 

Elon Musk and Twitter have been cited as targets of the DSA, and some argue that the DSA was specifically created by the EU in preparation for Musk’s eventual takeover of the massive platform.  EU officials publicly argued with some vigor that they would find a way to force Musk to conform to their political taboos.  Twitter is one of several dozen signatories to the European Union’s “2022 Strengthened Code of Practice on Disinformation,” a self-regulatory framework for addressing disinformation tied to the DSA.  

The 2022 Disinformation Code contains a series of 44 “Commitments,” some of which are further subdivided into “Measures.” When a company becomes a signatory, it submits a subscription document identifying which Commitments (and, more specifically, which Measures) it is signing up for. Twitter’s June 2022 subscription document indicates that Twitter has committed, among other things, to: “defund the dissemination of disinformation and misinformation,” “prevent the misuse of advertising systems to disseminate misinformation or disinformation,” and “put in place or further bolster policies to address both misinformation and disinformation.”

Who gets to determine what constitutes “disinformation?”  A group of faceless and unelected bureaucrats on the other side of the world from Twitter headquarters.  How Musk plans to meet the requirements of the DSA without crushing the renewed surge of free speech on the site is not entirely clear.  In theory, armies of mass flaggers operating out of places like Germany can now seek out tweets they don’t like in the US and have posts erased, or accounts locked and banned, even if the info presented is factually accurate.

That which the EU considers “hate speech” and “disinformation” is based in far-left ideology and zealotry, not on clearly defined and reasonable guidelines.  That which progressives deem acceptable today will ultimately become outlawed tomorrow.  Adapting to their rules means abandoning any semblance of a free environment. There is no free speech in Europe.   

Thierry Breton, the current Commissioner for Internal Market of the European Union and member of the World Economic Forum, tweeted this week about his excitement for the official legal enforcement of the DSA, saying that it would ‘make the internet safer for everyone.’   

But what threat is the public being saved from?  Hurt feelings?  The notion that governments are stewards of speech is nonsensical because all governments naturally seek to restrict freedoms to the furthest extent to which the public will tolerate.  Political elites are not protectors, they are predators, always looking for that next piece of freedom they can snatch away in their jaws.

Tyler Durden
Mon, 08/28/2023 – 04:15

via ZeroHedge News https://ift.tt/VJDMob1 Tyler Durden