Governor Signs Executive Order to Increase Smoking

The appropriate response to Democrat Governor Gina Raimondo’s executive order banning certain forms of vaping in the state is to challenge her authority to do so.  If we accept the principle that the governor can simply ban products she doesn’t like, we’ll soon find our governors believing they can simply ban anything.

What makes the governor’s action doubly objectionable, however, is its complete reliance on fact-free emotion:

In response to the growing public health crisis of e-cigarette use among young people in Rhode Island, Governor Gina M. Raimondo today signed an Executive Order directing the Department of Health to establish emergency regulations prohibiting the sale of flavored e-cigarettes. The Executive Order also puts in place a number of other measures designed to the curb the initiation of e-cigarette use by young people.

As far as I can tell (and the press release doesn’t provide anything additional), the only “crisis” is that people are doing the thing that the governor wants to ban.  Indeed, the governor is banning “flavored e-cigarettes,” while the only actual “crisis” has been illness nationwide, mostly having to do with people vaping THC (the marijuana chemical).

For vaping generally, it isn’t even clear that it has had a net negative effect.  The governor’s press release may insist that decreases in teen smoking are “thanks to decades of public health education and advocacy,” but the numbers for smoking and vaping suggest that there’s more to the question.  This is from a post in this space in January 2018:

… According to the federal Department of Health & Human Services, “from 2011 to 2015, the percentage of 12th-grade students who had ever used an e-cigarette increased from 4.7 to 16 percent.” But over that same period of time, the percentage of seniors who said the same about actual cigarettes decreased from 10.3% to 5.5%. Smokeless tobacco (like snuff and chewing tobacco) is down from 8.3% to 6.1%. (These groups aren’t exclusive, meaning that there’s some overlap between them.)

As of 2014, more students had used an e-cigarette than an actual cigarette. The question that the advocates and (in turn) the journalists miss is this: If the alternative to e-cigarettes is not nothing, but smoking or chewing tobacco, isn’t this outcome positive?

If, as looks plausible, the availability of vaping has reduced smoking, one foreseeable consequence of banning vaping will be an increase in teen smoking.  The fact that this possibility doesn’t come up in government statements or coverage thereof suggests that the whole thing is just a moral panic stoked for political reasons.

The Essence of Educational Freedom… for Providence Pols

Ian Donnis’s article looking into the educational choices of government officials who live in Providence has received much-deserved attention.  I don’t think anybody has adequately noted how telling it really is.

The upshot is that, out of 38 officials he reviewed, Donnis found only eight with school-aged children, of whom there were 13 between them.  Of these:

  • Four go to private schools (religious or otherwise)
  • Three go to charter schools
  • Six go to regular district schools

That’s not the whole story, though.  One of the children in district schools went to charters before entering high school.  He and one other politician’s child go to Classical, which has been ranked #1 in the state.  Two more go to a particular elementary school, which Erika Sanzi implies is “on the fancy side of town,” with a lottery even for children in the neighborhood.

This scenario illustrates the essence of educational freedom that wealthier families enjoy.  If they are interested in utilizing public schools, they’ll move to specific zip codes for that purpose.  If that isn’t an option, or if the schools change, they apply for charter schools.  If they don’t win that gamble, or if a particular school has an entrance exam and their children don’t succeed on the test, then they’ll turn to private schools.  (I’ve long suggested that charter schools’ introduction was in some respects an attempt to capture those families that were escaping to private schools.)

If we consider education to be as critical as politicians like to claim, then it shouldn’t only be families of means who can make these decisions.

Education Freedom: Our Children Need Opportunity Today

Everybody agrees that educating our youth is a moral obligation, and a vital basis for renewed economic growth.

Yet, very few in our political class have the courage to stand up to the special interests who want to maintain a government-run school monopoly. Look at the broken Providence School system. Parents need answers for their children today, not reforms that may help students five or even ten years down the road. Educational freedom is the answer.

A Thoroughly Predictable Chain of Events at the Wyatt Detention Center

In response to the events at the Wyatt Detention Center from two weeks ago, Our society could choose to accept anarchy, to accept that whoever has the bigger, tougher, better organized gang wins for themselves the use of public spaces; literally implementing might makes right as a governing principle. This does not seem to be a pathway that governing authorities in Rhode Island will consciously choose, as state government quickly remembered the importance of deterring violence from escalating, once the focus of events became people not involved in the intentional blocking of traffic.

A second possibility would be to cut the problem off at its root: enforcing laws and norms against blocking traffic and against denying people the right to travel in public spaces, and uniting around a shared norm that has served our society well. (I concede that that last phrase is a bit normative).

Of course, this depends on the right to travel being a norm that is widely shared. Is this still the case? The affinity repeatedly shown by protestors for blocking traffic, combined with the so-far one-sided response by Rhode Island authorities, suggests that it may not be; this, in turn, points in the direction of the third possible evolution of the system: convincing people that it is acceptable for government to protect fundamental rights within the context of a caste system, where some people have fewer rights than others. For various reasons, this is an unlikely candidate for smooth implementation.

That is your universe of choices. In the end, any way forward that abandons the impartial defense of the right to travel will lead to more and more cycles of violent conflict that will only be eliminated once the norm acting against those who try to block innocent people from traveling in public spaces is rediscovered.

Vaping… The New Substitute for Smoking

Lung illnesses that appear to be linked to vaping beg for a closer look and raise questions about whether chemicals in e-cigarettes make it safer substitute for smoking.

Felonious Dark Humor from Teenagers

An Associated Press story on WPRI’s Web site raises two questions:

A Florida teenager faces a felony charge after getting so fed up with her little sister’s noisy phone that she threatened to shoot up a school. …

The teen told investigators she was so annoyed by the sounds from a sixth-grade group chat that she took her sister’s phone and wrote: “Next person to say something is the first person I will shoot on the school shooting that will take place this Friday.”

The police have officially determined that the 16-year-old does not actually have any plans for a school shooting.  While we can all be grateful for that, one must wonder:  Isn’t felony sarcasm a bit of an extreme charge in response to teenagers’ famously poor judgment?

A second question follows on that one:  Should we really want children to internalize the idea that just mentioning a school shooting is a major crime?  It seems to me that we’d want the threats to be made so that they could be quickly investigated, not only to determine whether there’s an actual threat, but also to discover whether the teenager needs help.

A Challenge to Whitehouse’s Banana-Republic Legal Principles

Senator Whitehouse’s attack on the Supreme Court shows his cynicism and malleable legal principles.

Looking to the Data on Gun Control

Leah Libresco’s Washington Post commentary on gun control is worth a read, not only for information on that specific issue, but also for some perspective on how political issues should be considered:

By the time we published our project, I didn’t believe in many of the interventions I’d heard politicians tout. I was still anti-gun, at least from the point of view of most gun owners, and I don’t want a gun in my home, as I think the risk outweighs the benefits. But I can’t endorse policies whose only selling point is that gun owners hate them. Policies that often seem as if they were drafted by people who have encountered guns only as a figure in a briefing book or an image on the news.

Instead, I found the most hope in more narrowly tailored interventions. Potential suicide victims, women menaced by their abusive partners and kids swept up in street vendettas are all in danger from guns, but they each require different protections.

One often gets the impression that the motivation for gun laws really is an assertion of power over the types of people who own them.  Another motivation often seems to be a personal sense of having done something about some tragic event by passing new laws, which shouldn’t outweigh the rights of others.

The key quality of Libresco’s thinking is that she apparently began by asking what her objective was and then measuring possible solutions.  Following her lead would also allow us to weigh one objective against another.

For example, among the policies that she suggests is “identify[ing] gang members for intervention based on previous arrests and weapons seizures” using “an algorithm.”  This brings to mind the Community Safety Act in Providence, which places extreme limits on the lists that law enforcement can use to track gang activity.  If reducing gun violence is a critical goal, then a policy like the CSA would have a different context.

Maybe one policy wins out over another, or maybe neither makes sense, but if our public policy debates were more logically structured and more rationally conducted, at least we would be weighing pluses and minuses.  Instead, it too often seems that the arguments proceed with participants feeling that the problems and solutions are obvious and easily resolved if not for the intransigence of the other side.

The Question of Cashlessness and Dictatorship

Since we’ve recently had some discussion about cashless business and the way it connects with freedom, which is particularly appropriate this week, developments in Hong Kong deserve a timely mention:

In Hong Kong, most people use a contactless smart card called an “Octopus card” to pay for everything from transit, to parking, and even retail purchases. It’s pretty handy: Just wave your tentacular card over the sensor and make your way to the platform.

But no one used their Octopus card to get around Hong Kong during the protests. The risk was that a government could view the central database of Octopus transactions to unmask these democratic ne’er-do-wells. Traveling downtown during the height of the protests? You could get put on a list, even if you just happened to be in the area.

So the savvy subversives turned to cash instead. Normally, the lines for the single-ticket machines that accept cash are populated only by a few confused tourists, while locals whiz through the turnstiles with their fintech wizardry.

How do I reconcile my agreement with the concerns of Reason’s Andrea O’Sullivan, who wrote the above, and my aversion to the Rhode Island government’s ban on cashless retail?  Well, I ask myself an important question:  Did the General Assembly pass and the governor sign that legislation in order to preserve the rights and anonymity of the people of Rhode Island?

No.  By all appearances, somebody complained to a legislator or two about running into difficulty making a purchase at some point.  The politicians thought the legislation would buy them some good will from desired constituencies (like young voters), and they don’t give much thought to the rights of business owners to define their own business models.  That doesn’t mean that the legislators’ conclusions were wrong or right, but it does suggest that they weren’t crafted carefully in such a way as to balance the interests of various groups and all of our interest in preserving our freedom.

Yes, Hong Kong does give us preview of a dystopian future.  Everybody’s accustomed to life without cash, and they’re on the dangerous edge of a communist dictatorship.  In evaluating legislation in the Ocean State, we shouldn’t start by imagining how it would play if transported into a dictatorship, but rather by asking whether it brings us closer to being one.

To avoid the dystopia, we need the freedom to innovate.  A society in which the government does not feel it has the authority to impose business requirements is one in which people will develop new technologies and value their freedom, competing against large conglomerates that, themselves, would one day be subject to takeover by a central government.

Center Hosts Fourth Annual Shotguns & Cigars Fundraiser At Addieville

On Friday, the Rhode Island Center for Freedom and Prosperity hosted one of our signature events— our fourth annual Shotguns & Cigars fundraiser was a huge success. The day features outdoor fun, camaraderie, cigars, bourbon and wine, and a juicy steak all at Addieville East Farm. Teams of four enjoyed practicing our shotgun skills with sporting clays. We, once again, proved that our Second Amendment rights can be used responsibly.

Here are some images from this incredible day. Please e-mail Info@RIFreedom.org to inquire about joining us next year.

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Relentless Perpetuation of the “Equal Pay” Myth via Legislation

Helpful headlines notwithstanding, the Rhode Island Senate once again passed legislation to address the mythical “wage gap”:

A plan to close the gender wage gap in Rhode Island by adding new, sharper teeth to the state’s fair pay law and banning employers from asking job candidates their salary history sailed through the state Senate again Thursday.

“Rhode Island first passed an equal pay law in the 1950s, and I am sure it was revolutionary at the time, but we have not gone back and updated it unlike many other states,” said Sen. Gayle Goldin, lead sponsor of the pay equity legislation. “Passing this bill is not going to resolve the wage gap on its own, rather, this bill in combination with so many things we have worked on… is the way we will address the gender wage gap.”

And so it goes.  As long as progressives want to foster division and grievance, this legislation will keep appearing.  Maybe some year the gears of political necessity will get it over the finish line.  As that process plays on from year to year, opponents will tire of saying the same thing over and over again.  That’s the advantage of the left-wing approach to public “debate”:  When you refuse to acknowledge the other side’s arguments and just keep repeating the talking points, the other side moves to other topics, and the public just becomes used to the deception.

By way of a preventative measure, here’s my op-ed on the topic, from the Providence Journal last year around this time, which I published in more casual, expansive form in this space the month before:

Plainly put, this gives the government power to investigate just about any business and dictate changes to its pay policies, because the only pay differentials that wouldn’t have legal risks would be those between people of the same race, religion, sex, orientation, gender identity, disability, age, and nationality.  That is, for any two employees who aren’t more or less demographically identical, the lower-paid one could initiate a complaint with the state with the same treatment as complaints that the employer withheld pay, and the burden is on the employer to explain it and to prove that no other business practice could erase it.

Think about how much of an encroachment on private activity and interactions that is, as well as the presumption that government is some sort of neutral judge that can accurately assess every business decision.

If this legislation ever passes, I expect it will have some degree of the same effect as the ill-advised paid leave legislation which progressives did manage to pass last yearl.

Analogizing Over Constitutional Rights

Elsewhere in the Boston Globe, Ed Fitzpatrick takes up the topic of requiring a license to purchase ammunition.  This part is especially telling about the gun-control lobby’s point of view:

The study noted a gun without ammunition is no more dangerous than any other blunt object. But “unlike the public health view on drug policy, which recognizes the importance of limiting access to both the agent of harm (the narcotic) and the instrument of delivery (for example, syringe), gun policy has focused primarily on limiting access to the instrument of delivery, firearms,” it noted.

The study said guns and ammunition are more likely to be used in violent crimes when they’re in the hands of felons (such as Charlie Vick) and others prohibited from owning weapons

Frankly, I take this to be evidence of an intention to infringe, when it comes to gun regulation.  Drugs are not explicitly protected on the Constitution, guns are.  To equate the two plows right through the Bill of Rights and steals the base of asserting that both drugs and weapons are inherently harmful.

As for the likelihood of crimes, that’s pretty much a tautology.  It would be a pretty useless regulation that didn’t forbid ownership of an item to people who were more likely to abuse that right.  Even so, the fact that people who tend toward crime will be more likely to use an item for illicit purposes doesn’t justify making it a crime for other people to buy it without a license.

Abortion “Compromise” Arguably Dehumanizes Unborn Children More

The supposed “compromise” legislation on abortion would arguably make supporting it worse than radical intellectuals who see abortion as a justified killing.

Constitutional Rights and the “Right Kind of Families”

What drives the passion against statements affirming the natural right to bear arms?

Very Political with John DePetro: Nostalgia and Tradition

My weekly call-in on John DePetro’s WNRI 1380 AM/95.1 FM show, this week, was about Gorbea’s building, religious war in Providence, a historic souvenir, and transparency in extortion.

Open post for full audio.

Stefan Cox: In Favor of Electronic Data Privacy Act

House Bill 5893 is the Electronic Data Privacy Act and is crucial for the Rhode Island General Assembly to pass into law. If passed, the bill, sponsored by Minority Leader Blake Filippi, would prohibit any government entity from accessing electronic devices without search warrants. If the state does not pass this bill, it will have violated spirit of the Fourth Amendment, which guarantees our right as citizens from unlawful searches.

This is a technology filled era, and our Fourth Amendment protections should not be exempt when it comes to computers, phones, tablets and any other technological devices which have personal information within them.

If Rhode Island does not pass this common sense legislation, we will not only have a failed economy, we will be one step closer to failing and uphold the principles of the United States Constitution.

Absolutely no one should be searched, or have property seized without probable cause. The Fourth Amendment in the Bill of Rights is arguably our most important. We all want privacy, and we all hope that any law enforcement treats us as we feel we should be treated.

The Fourth Amendment, I would argue, is a even more fundamental than the First or Second Amendment, because if we lose our right to be protected from unlawful searches, we will lose our privacy. Then it is only a matter of time before we lose our rights to speech and firearms.

This bill to protect electronic privacy is crucial to our children’s and their children’s future. We have watches that can make phone calls now; imagine the technology they will possess. Personal property is personal property even when it is in digital form.

If we are going to search, seize, arrest, and convict someone, we must always go through proper due process. If we lose the Fourth Amendment, therefore, we might as well abandon the Fifth Amendment of the United States Constitution, too.

This bill must be passed and be signed.

Advocate Is Victim of Threatening Phone Call from Criminally Insane Asylum

Should the criminally insane have unsupervised access to cellphones while in prison?

Stefan Cox: Change Starts With the Working People of Our State

Protecting the Second Amendment on a macro scale can start in a small New England town hall.

Disclosure and the Separation of Politics from Life

During a Twitter debate online concerning campaign finance and anonymous donations to think tanks and the like, Public’s Radio reporter Ian Donnis summarized his perspective thus:

Entities with millions to drown out their opponent is ‘part of an open & free democracy’? OK then!

That’s what the best interpretation of the pro-donor-disclosure point of view comes down to.  As Mike Stenhouse noted in the thread, the other side of the coin is that the people who donate those “millions” to such organizations aren’t only, or even mainly, the powerful rich, and disclosing donors is a way to allow targeted political campaigns against them.

The fact is that people whose views are not in line with the progressive mainstream narrative do have an entirely reasonable and well-substantiated fear that their political donations will make them targets for activists.  This possibility — and the countless iterations that occur on lower levels — strikes at the heart of our democracy.

Carry the logic out a bit: Why not identify every person’s ballot and make it public, in the name of transparency?

We manage peace in a diverse and free society because we separate out politics from other areas of life.  If donating to a particular candidate or cause puts my family or business under threat, then our society is no longer answering political questions through a discrete set of rules.  We can no longer have our political contests and then return to other interactions with maximum cooperation.

But isn’t using wealth to political advantage a violation of the principle that politics should be a separate matter?  Perhaps in a manner of speaking, but there are all sorts of ways to have disproportionate influence in politics based on other areas of our lives — whether because of a job in media, family connections, affiliation with a government labor union, or whatever — and we can’t root all of them out of politics.  Moreover, our personal interests obviously influence the public policy that we prefer, and it would be plainly tyrannical to prevent people from voting according to their interests, from wherever they derive.

So, we should be hesitant to limit different types of influence, so as to maintain balance, while striving to keep those sources of power from being used by citizens against each other outside the intermediary of politics.

Toward a Consensus on Free Speech

The defenestration of British philosopher Sir Roger Scruton based on a deceptively presented interview may be of limited relevance to Rhode Island politics.  The lesson, however, is worth presenting in every venue of our modern age:

But while certain Conservative politicians seem set on appeasing what they take to be the spirit of the age, they might have misjudged the turn. … Those who were most angry were young people, who have grown to loathe this social media hate-mongering.

Their instincts are right. Our world is replete with complex matters that need discussing. We need philosophers, thinkers and even politicians of courage to help us find our way through this. We live in the age of character assassination. What we now desperately need is a counter-revolution based on the importance of individuals over mobs, the primacy of truth over offence, and the necessity of free-thought over this bland, dumb and ill-conceived uniformity.

People across the political spectrum must rebuild the consensus that everybody has a right to express their views, that we should give each other wide latitude to err (whether in fleeting words misspoken in an instant or more-fundamental flaws in a way of thinking), and that punishing people for the ideas that they express, to the extent that it should be an option at all, should be done only with full awareness of the context and intent of their speech.  Knowing what they actually said is only the first step of that process.

The Choice Between a Free and Natural Society and Institutionalization

A Washington, D.C., housing program is teaching us the lesson that either we must be willing to differentiate between neighborhoods or we must institutionalize the world.

Talking Open Public Forums on Matt Allen

The latest activist-generated controversy in Tiverton caught Matt Allen’s attention, and he asked me to join him on his show earlier this week to talk about it. Open post for full audio.

Standing Up to the Forces of Modern Mania

Western civilization is in the throes of a mania, and the circumstance is precisely one in which religious people should prove the fortitude that they derive from their faith.  So, no, Catholic health plans should not cover transgender surgeries.  Agree or disagree with the policy, but there can be no argument that bodily mutilation — particularly of minors who have self-diagnosed their psychiatric needs — conflicts with Catholic teaching.

Unfortunately, powerful organizations are intent on disallowing Catholicism — or any traditional religion — from being anybody’s guide to how we organize our lives:

The ACLU cited standards of care from the World Professional Association for Transgender Health, saying these standards are recognized as authoritative by the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics. …

Omar Gonzalez-Pagan, a senior attorney with the LGBT legal group Lambda Legal, said that employer plans appear to be changing to include transgender services, many individual hospitals and doctors, especially Catholic ones, decline such services on the grounds of religious exemptions.

“It is a growing problem that we are seeing nationally because of the consolidation of hospitals,” he told Crosscut, noting that most hospitals in Washington state are Catholic-affiliated.

It doesn’t take much for a mania to grip a society (with the persuasive influence, religious folks might suggest, of malevolent whispers). Changing the impulses of certain slice of a professional class and a handful of influential organizations suffices to turn social institutions like our judicial system into weapons.

The issue is not a conditional one of determining what approach to a challenging problem will have the best overall effect.  When that is the case, a religiously founded organization can legitimately conclude that some accommodation to the outside world is allowable in order to continue its unrelated good works.

At issue, here, is whether the Church believes what it has preached and, more importantly, whether its faith in God is sufficient to stand against activists intent on perpetuating evil.  That pervasive fortitude is critical to both to the Church’s religious mission and to the continued advancement of Western civilization.

Emily Cuellar: Pro-Life Hispanics in Providence to Look Elsewhere for Leadership

Another Hispanic woman from Providence expresses her disappointment in Mayor Elorza’s abortion testimony.

The First Amendment and Criminalized Speech on Campus

Something just isn’t adding up with reports about a “racial incident” at Bryant University:

On Super Bowl Sunday, Quinton Law walked past a party in a townhouse on the Bryant University campus, and a young woman screamed at him:

She said five words: “I f—ing hate these n—–s.”

He answered: “That’s racist as hell.”

Her response: “I don’t care if I sound racist.” At least, that’s what he posted the next day on Facebook. When he quoted her over the phone last week, the sentence was more like she didn’t give a (vulgarity) if she sounded racist.

Since then, the reports appear to be that people living in the townhouse have received threats and the university asked Law to take the post down.  On one hand, the university found that “a bias incident” had occurred, but on the other hand, somebody apparently advised Law to find a lawyer in case the woman’s housemates sue him.

Given the contrast with how one would expect this story to go, there’s clearly not enough information available to the public in order to make any judgment about the substance.  One thing remains interesting, though, in a particular statement from Law:

“This is past racism,” he said. It is a First Amendment violation of free speech, he said.

And yet, here’s the characterization of how the “bias incident” was handled, per a statement from Bryant:

The University has an established process for responding to bias incidents and this process was followed. The University immediately opened a thorough investigation of the alleged bias incident which included interviews with multiple students and a review of security camera footage. The Bryant University Bias Incident Committee reviewed the results of the investigation and concluded that a bias incident had occurred.

This official and comprehensive investigation was conducted over something that a student said.  The “incident” was that “a Bryant student stated a racial epithet in a public setting.”

Quinton Law isn’t to blame for the state of affairs on American campuses, and again, something seems odd about how this story has played out.  Still, one can’t help but wonder whether it is the initial attempt to criminalize speech as “bias incidents” that creates this strange environment.

Early Indications of Legalized Prostitution?

Although I’m pretty sure state Democrat Representative Anastasia Williams, of Providence, has introduced this legislation in the past, with the possible legalization of marijuana this year, it’s worth mentioning.  As Ian Donnis reports for the Public’s Radio:

A Rhode Island lawmaker believes the state’s laws governing sex work are too punitive and she wants to create a 12-member commission to review possible changes. …

According to a bill introduced by Williams, H5354, “Criminalization of prostitution disproportionately impacts women, transgender individuals and people of color.” Her legislation points to findings showing that decriminalizing prostitution can improve public safety and public health.

If Williams’ envisioned legislative commission moves ahead, it would face a February 2020 deadline for reporting its findings.

As I’ve noted repeatedly, there’s a reason Pottersville — the alternate reality in It’s a Wonderful Life in which the movie’s hero had never been born — combines drugs, gambling, and prostitution.  As I’ve also suggested before, it would be one thing to arrive at this state of affairs because our culture and our respect for liberty had become stronger, because then it would have implicit safeguards for individuals and the community as a whole.

As it is, we’re seeing the government move into areas that used to be the province of organized crime, largely for the same reasons: money and power.

The Humorous, the Grotesque, and the Fanatical from Pro-Choice Advocates

Planned Parenthood’s promotion of a higher minimum wage presents a multi-layered lesson on what it means to be “pro-choice.”

A Consequence of Faceless Bureaucracy Using Cold Data

Back in the sunny days before many people had even heard about the Unified Health Infrastructure Project (UHIP), let alone before it was a byword for the Ocean State’s dysfunctional government, the RI Center for Freedom & Prosperity was warning about a “dependency portal.”

The idea behind the system is that state government will consolidate the information it collects for every type of welfare benefit and program it operates.  That information would be updated in an ongoing way, and people will automatically receive any benefits for which they are newly eligible.

Of course, the flip side is that people would also automatically lose any benefits for which they are no longer eligible.  Moreover, nobody should believe that politicians and bureaucrats would not find other uses for this treasure trove of information.

Turn, now, to Elizabeth Brico’s commentary on Talk Poverty:

… after decades of collecting this data, the government is putting it to use. This information is feeding algorithms that decide everything from whether or not you get health insurance to how much time you spend in jail. Increasingly, it is helping determine whether or not parents get to keep their kids.

When someone phones in a report of suspected child abuse — usually to a state or county child abuse hotline — a call screener has to determine whether the accusation merits an actual investigation. Sometimes they have background information, such as prior child welfare reports, to assist in their decision-making process, but often they have to make snap determinations with very little guidance besides the details of the immediate report. There are more than 7 million maltreatment reports each year, and caseworkers get overwhelmed and burn out quickly — especially when a serious case gets overlooked. New algorithms popping up around the country review data points available for each case and suggest whether or not an investigation should be opened, in an attempt to offset some of the individual responsibility placed on case workers.

Admittedly, I get the impression I wouldn’t agree with some of Brico’s broader assumptions and prescriptions, but empowering a faceless bureaucratic system to intervene intimately in people’s lives based on cold data is a frightening idea on its face.

The Center’s Perspective on So-Called “Fair Housing” Legislation

RI Center for Freedom & Prosperity CEO Mike Stenhouse offers the Center’s view on legislation that would limit landlords’ right to decide whether the way potential tenants’ will pay their rent should be a factor in deciding whether to rent to them, including a mandate to accept Section 8 vouchers:

Based on conversations with landlords I know, there is a major, legitimate, and non-racial reason why some business prefer not to accept clients subsidized by public money and all the red-tape they would have to go through. In this case, once a landlord accepts a federally subsidized Section-8 tenant, that business is now subject to a whole new array of mandates, red tape, and risks that otherwise, it would not have to worry about.

Under this legislative mandate, landlords would be subject to unfair rules by HUD, which we know from the RhodeMap RI debate years ago, does not care about private property rights. HUD has corrupted its mission of putting low-income people into appropriate housing to the point where it routinely tramples on the rights of other private property owners.

When the Taxman Decides What’s Creative

Well, this minor controversy looks pretty obvious to me:

The dispute centers on the sales tax exemption that state law provides writers, composers and artists residing in Rhode lsland who sell their own “original and creative work.”

Much to the dismay of nonfiction writers like the prolific Paul Caranci — the former North Providence councilman who went undercover for the FBI — the state tax department has decided that nonfiction does not qualify as an “original″ work of art, eligible for an exemption from Rhode Island’s 7 percent sales tax.

The ACLU is on the case, arguing that the Division of Taxation should not be authorized to judge literary works for their creativity.  A much more obvious line could be drawn between books and, say, “works for hire,” or generally technical documents drafted as part of a job.  (Of course, it’s difficult to see why such works would become subject to the sales tax, anyway.)

If only the ACLU would broaden its views, though.  If the government cannot differentiate non-fiction from fiction, how can it differentiate political non-fiction from other forms?  That is, campaign finance regulations, particularly those requiring the publication of the financial backers of a publisher (so to speak) cannot be applied only to a particular type of speech.

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