Posts tagged ‘police’

A Conservative Discovers Problems With Police Accountability. Sort of.

Scott Johnson of Powerline has been following the trial of a Minneapolis police officer accused to shooting and killing a totally innocent woman (in fact, the woman who called the police) seemingly without the least provocation.  Johnson has reported for months on all the frustrating barriers to bringing this police officer to justice -- the refusal to pin the officers to a story immediately before they had time to coordinate a story, the internal affairs investigators who acted more like cover-up artists, the complete unwillingness of the police force to do a quality investigation, and the incredible difficulty the DA had in pursuing this case or getting any cooperation with supposed law enforcement officers.  As he writes:

Prosecution of the Noor case by his office has been a tremendous strain on Hennepin County Attorney Mike Freeman. He is in treatment for alcohol abuse. He deserves credit for assigning the case to Assistant County Attorney Amy Sweasy and sticking with it as it roiled relations with Minneapolis police. As it turned out, Sweasy had to convene a grand jury and issue subpoenas to secure the testimony of police officers involved in the case.

These are the kinds of issues I and many others have raised for years about problems with police accountability.  I believe bad police officers are a small minority of the force but this lack of accountability has been incredibly obvious for years, and has poisoned the view of police officers in certain communities that interact with them the most.  Black Lives Matter started with a police accountability agenda before the movement went off the rails.  So I am happy to see a prominent writer give it attention.

Sort of.  Because it is not clear to me that Johnson really sees the general police accountability issue.  For most of the last 10 years, Powerline bloggers including Johnson have been pretty skeptical of those who have critiqued police shootings. I would describe their default position as "the police are right, their critics all have agendas."  I refuse to claim to see into people's hearts, and really am reluctant to get pulled into intersectional finger-pointing, but it is impossible to ignore that the one case that seems to have woken him up is the killing of a pretty blonde white lady by a person of color.

Don't get me wrong, I think the jury was correct in convicting the officer, and respect their bravery as very, very few juries will ever convict police officers.  The prosecutor had to have done a heroic job in getting this conviction.  But I fear that Johnson and perhaps other Conservatives are reading the wrong causes into the difficult prosecution.  He writes that "Something is rotten in the city of Minneapolis," and my interpretation of this (from this series as well as other things he has written) is that he attributes the difficulty in prosecution not to systematic problems in holding police accountable but in the fact that the officer was ethnically Somali and that the city of Minneapolis is somehow reluctant to challenge the Somali community.  I guess after horrific stories like the non-prosecution of rapists in Rotherham, one has to consider this possibility -- I know Minneapolis has a large Somali community but know nothing of its dynamics.  But frankly after studying 100 candles that are burning through the oxidation of petrochemicals, I am skeptical the 101st will turn out to be phlogiston.

The 5 Worst Supreme Court Rulings of the Past 50 Years

I am not an expert, but each and every one of these seem pretty bad.

For example:

1. Smith v. Maryland (1979)

The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." But according to the Supreme Court's 1979 decision in Smith v. Maryland, "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties."

Lawyers call this the third-party doctrine. Prosecutors and police call it the gift that keeps on giving. Let's say the cops want to know what websites you've been reading. The third party doctrine lets them get that information from your internet service provider without obtaining a search warrant first. So much for that pesky Fourth Amendment and the privacy rights it was designed to protect.

Capitalism and Sexual Assault

Point (via the International Socialist Review)

This article examines the phenomenon of sexual assault from a Marxist perspective—that is, analyzed in the context of capitalist social relations. Like imperialism and war, oppression is a necessary byproduct of the rule of capital. Exploitation is the method by which the ruling class robs workers of surplus value; the various forms of oppression (such as sexism, racism, and homophobia) play a primary role in maintaining the rule of a tiny minority over the vast majority, on a global scale. This approach allows Marxists to understand not only the root causes of oppression but also which strategies can most effectively combat it.

To be sure, sexual assault is not inflicted by “the system” as a whole, but by individual people. Nevertheless, women’s oppression does not originate with individual people—it stems from institutional inequality that is organized from above, in the traditional family structure, the legal system, and other social structures that define women as second-class citizens. It therefore can be ended at the individual or personal level only if we do away with the capitalist system.

Counterpoint (via CNN)

Harrowing accounts of widespread sexual abuse allegedly carried out by North Korean officials against ordinary women have been laid out in a new report, that details evidence of a culture where officials commit acts with near total impunity.

The extensive 98-page report by Human Rights Watch (HRW), which was released Thursday and took more than two years to compile, is based on dozens of interviews with sexual abuse victims who have fled from North Korea. It reveals an oppressive world where officials -- from police officers and prison guards to market supervisors -- faced virtually no consequences for their routine abuse of women.

"Unwanted sexual contact and violence that is so common in North Korea it has come to be accepted as part of ordinary life," the report alleges....

"On the days they felt like it, market guards or police officials could ask me to follow them to an empty room outside the market, or some other place they'd pick," the report quoted a former trader in her 40s who fled North Korea in 2014 (HRW uses an alias). She says she had been sexually assaulted many times.
"They consider us (sex) toys. We are at the mercy of men." She said that the climate of sexual abuse was so pervasive that it had been normalized -- both by the perpetrators and their victims, but nonetheless, "sometimes, out of nowhere, you cry at night and don't know why."
Medical professionals who fled the repressive country said that "there are no protocols for medical treatment and examination of victims of sexual violence to provide therapeutic care or secure medical evidence," the report adds.

When #metoo and #blacklivesmatter Collide

Readers will know I have been sympathetic with the animating goals, though not necessarily with the tactics and policy prescriptions, of Black Live Matter.  I do believe there are problems with police accountability and violations of due process that disproportionately (though not exclusively) affect the black community.  While we have come an extremely long way (I grew up in East Texas and saw a lot of bad sh*t), brown skin can still incur a presumption of guilt that simply should not be there in our justice system.

On the flip side I have sympathy with the animating goals of the Me Too movement, and have been utterly offended by stories like the ones about Matt Lauer's automatic door lock to trap women in his office (the same Matt Lauer NBC may have fired Megyn Kelly in order to bring back some day).  And as in the case of BLM, while I am sympathetic to MeToo problems, I have not agreed with their tactics or policy prescriptions.

So despite having roughly the same reaction to both movements, why do I say that #blm and #metoo may be headed for a collision?  Let's start with #metoo.  This is basically a victim's rights movement -- lamenting that victims do not get a fair shake in the justice system.  In many ways the movement is a direct descendent of movies like Dirty Harry and Death Wish whose theme was that the justice system catered too much to criminals and gave criminals too many rights to the detriment of victims and society.  MeToo argues that "women should always be believed," which in practice is interpreted as meaning that the presumption of innocence and due process for the accused should be dialed back or eliminated.  These would be very familiar ideas to Harry Callahan and Paul Kersey.  So much so that I am almost surprised no director has done a female #metoo version of Death Wish.  Oh wait, Clint Eastwood already made that movie as part of the Dirty Harry series, it was called Sudden Impact.

In this context it is easy to see the potential train wreck that may be coming between MeToo and BLM.  The BLM movement at its core is about people of color being treated as guilty -- by police, by the system, by society -- based on the color of their skin.  BLM is about getting due process for the accused (or merely suspected) where it does not exist today.  Metoo, on the other hand, wants to reduce due process rights of the accused.  These two purposes almost have to come into conflict.

This should not come as a surprise, except perhaps to a generation who grew up in crappy public schools that no longer assign real books like, say, To Kill a Mockingbird.  This literary classic, which in my day was a progressive icon but now is being pushed into the background, was about the trial of a white woman falsely accusing a black man of rape, and how this black man was barely saved in a town where everyone automatically believed the white woman.

But we don't just have to look in fiction for examples, we are seeing it today in universities.  Universities are the one place in America that (due to the mandates of the Obama Department of Education) substantially reduced due process and presumption of innocence for men accused of a variety of sexual crimes by women.  The College Fix is one of the many sites in my feed reader, and it has featured numerous cases of college men suing universities over their being railroaded out of school in kangaroo courts over dubious assault charges.  And do you know what I have observed? A disproportionate number of these men who feel victimized by this system appear to me to be men of color and/or non-European foreigners (example from today).  It should not be a surprise to our SJW friends -- I venture that it is zero surprise to BLM -- that these folks with the least power are hurt the most by the loss of due process rights.

Postscript:  I have written before about where BLM and MeToo went wrong in what were originally good causes.  Here is where I think BLM went wrong.  I can't find where I have talked about MeToo going off the rails in one concise article, so here is a brief description of my view:  For years, and I presume still in some cases today, women have gone to their university or police or employer and reported sexual harassment or sex crime and have sometimes been met with lethargy -- they get patted on the head and told to go away or worse they get blamed for the incident.  But the net result is no serious investigation.  In this context, "believe the woman" makes sense.  A woman's accusations should be treated seriously and get a serious investigation without negative consequences for the woman who reported it.  But for a variety of reasons that desire to have real due diligence in response to accusations has morphed into a desire that the accusation be the same as a conviction.  So we went from a system with no investigation, though with a default to the accused to now a system with no investigation and a default to the accuser.  Neither system makes sense or is consistent with individual liberties and the rule of law and the entire history of our justice system.  "Treat every woman's accusations seriously" would have been a better motto (though maybe with an asterisk for women brought forward by Michael Avenatti).

As a disclosure, I once had a female ex-employee (who I never met face-to-face) accuse me of all kinds of crazy stuff.  The campgrounds I ran were training camps for the Taliban, I was a narcotics dealer, I was harboring fugitives, etc. She posted these accusations on facebook, tried to sue me, wrote letters to the government, tried to get on the news, and even put up yard signs.  She threatened me and my family with pictures of her holding her gun and we had to get a restraining order and a better security system.  It was a nerve-wracking time, and if we had believed all women, I would probably be in Guantanamo now.  By the way, I remember my wife really blasting me for this piece when I said how reluctant I am being alone with a young woman.  I responded to her, "what if I had been alone with [lady described above] for any amount of time?"  She thought for a second and said, "you would have been hosed - she would have accused you of rape for sure."

The Absolutely To-Be-Expected Outcome of Government Regulation of "Fake News" on Social Media

Regulations to limit "fake news" will inevitably be used to limit criticism of the government and individual politicians.  Here is the latest example, from the WSJ

A foreign visitor became the first person convicted and sentenced to jail under a new law to punish those deemed to have published “fake news”after he criticized the police response to the slaying of a Palestinian engineer in Kuala Lumpur.

Salah Salem Saleh Sulaiman, 46 years old, a Danish national of Yemeni origins, pleaded guilty Monday at a court hearing. He was sentenced to a week in jail but opted to serve a  month behind bars in lieu of paying a fine of about $2,600. He wasn’t represented by a lawyer.

The case marked unexpected circumstances for the first use of the law since Parliament passed it April 3 amid criticism by rights groups that it would be wielded to inhibit criticism of the government ahead of elections on May 9. The government has denied that that is its intent, and Mr. Salah is the only person to have been charged under it.....

Mr. Salah appeared in a video posted to YouTube—and since removed—from the scene of the assassination of Palestinian Fadi al-Batsh, an electrical engineer and university lecturer who had lived in Malaysia for a decade. He was gunned down by two men on a motorcycle as he walked to dawn prayers at a mosque. No one has been arrested.

Mr. Salah accused medical services and police of being slow to respond to the shooting. Authorities vehemently rejected the allegations and arrested him. On Monday, he apologized and said he had recently arrived in Malaysia to visit friends and didn’t know the law existed.

The "and" in the third paragraph is odd.  I would have used "but nevertheless"

Thank God Arizona Not In The Running For Amazon (part 2)

Can you imagine the insult to Maryland businesses that $5 billion of their hard-earned money as they struggle to make their businesses work is going to be just handed over to another business because that business creates better press releases for politicians?

In one of the most aggressive attempts to cajole Amazon into selecting their state as the location for the e-commerce giant's second headquarters, the Maryland General Assembly just passed a bill offering the company a $5 billion incentive package should Amazon choose to settle in Maryland's Montgomery County.

Montgomery County is competing with Washington DC, Northern Virginia and 17 other areas that made Amazon's HQ2 "short list", which was released earlier this year. Specifically, Amazon is eyeing the site of the former White Flint Mall.

The "Promoting ext-Raordinary Innovation in Maryland’s Economy," or PRIME (yes that misplaced capitalization was intentional) would require Amazon to create at least 40,000 qualified jobs (with an average comp of at least $100,000). The company would also need to spend $4.5 billion on "eligible costs" like capital projects, the Baltimore Business Journal reported.

Note that governments pretty much never police these jobs or investment requirements after the fact.  High-profile businesses in states from New York to Michigan to California have pocketed the money and then failed to add the promised jobs or investment without a hint from anyone the money was going to be taken back.

Craigslist Has Become A Total Sewer of Scammers

I know the title of this post will come as a surprise to virtually no one.  I gave up on Craigslist years ago.  However, I had no idea how bad it has become.  My contractor had some left over materials.  My wife and I said to just drop it off at Habitat for Humanity but the contractor said they thought I could sell some of it for real money.  So the contractor listed it on Craigslist.  I so far have gotten 8 responses, and all 8 have turned out to be scams.  They are all variations of this theme:

i really appreciate your quick response to my text. I will be buying
the item from you, kindly withdraw the advert from C.LIST and
considered it sold. My husband will be overnight the payment asap but
he will be payingwith a certified check from his Bank and it will
deliver to you via United Parcel Service (UPS), so I'll need you to
provide me with the following information to facilitate the mailing of
the check... And am offering additional $50 with the original price to
have this asap. Name to be on the payment......Address to mail the check to.....
Cell phone # to contact you ......Final Asking price....

I will make arrangements for the pick up as soon as you have your
check clear, due to my work frame and my Kids, I will not be able to
come with the cash and pick it up myself , so my husband will mail the
check and have someone pick up the item after the check clear.,
Reference to your CL post am completely satisfied with it and the
payment will be deliver within 24hours.

Any reply will yield bot or script responses that make little sense.  For example I said:

Ok, I now believe this to be fake as I have gotten the same response word for word with the 50 dollars offer from multiple people.  This sale is cancelled.

The response was:

Thanks , I got the Details and the payment will be sent out tomorrow
and as soon as it sent out i will get back to you, Please keep the
other buyer off and the payment will get to you asap and the item will
be pick up after you have the payment

Apparently bots and Asian click factories send a trolling response to every sale on Craigslist nowadays.   I left a telephone number only in the ad (a burner cell phone thank goodness) and in turn I got urges to immediately email them back.  And then this script with small variations 8 times, but always with the certified check thing, the offer of $50, and an urge to take down the ad immediately.  Apparently the check is fake but you learn this only after you have shipped the goods.  Sites like this urge face to face meetings in cash, but I have little desire to meet Craigslist readers face to face, which is confirmed by the advice in this article to "meet the buyer in a police station" lol.  Might as well post the advice never to use craigslist.

If it has not already been written, this is the epitaph in my mind for Craigslist.  Possible moral of this story:  You can't build a trust-based system just by trusting people.  The lesson from places like Amazon and ebay are "trust but verify".

Update:  From commenters, part of our mistake seems to be to have let a third party put up the add because then we lose out on some of the internal Craigslist communication avenues that provide some protection.  A number feel like Craigslist is still a useful place to transact.  I will add that in addition to 8 cashiers check scammers I also got one paypal scammer later in the evening making contact.  Zero legitimate contacts to date.

Saw This Coming From A Mile Away: Russia Ads on Facebook Not Necessarily For Trump

In general, the whole Russia Facebook ad purchase story has been a huge yawner.  In an election where Hillary Clinton and her supporting PACs spent $1.2 billion and Trump spent about half that, are we really concerned about the impact of $100,000 in ad spend on Facebook?  Has there been anyone other than Russia and the Koch Brothers who the media could seriously write stories about manipulating an election by spending 0.0055% of the total advertising in the election? If that 0.0055% really turned the election, please send me the name of their ad agency.

The really interesting part of this story is that absolutely no one has said anything about that $100,000 actually having been spent on Trump.  People talk about the story as if they obviously were for Trump, but perhaps tellingly no one has actually confirmed this.  Certainly if you had asked me to guess in June of 2016 who Russia would have been making ads for, I would not have assumed Trump rather than Hillary was a sure bet.  And then there is this today from CNN

At least one of the Facebook ads bought by Russians during the 2016 presidential campaign referenced Black Lives Matter and was specifically targeted to reach audiences in Ferguson, Missouri and Baltimore, sources with knowledge of the ads told CNN.

Ferguson and Baltimore had gained widespread attention for the large and violent protests over police shootings of black men. The decision to target the ad in those two cities offers the first look at how accounts linked to the Russian government-affiliated troll farm known as the Internet Research Agency used geographically targeted advertising to sow political chaos in the United States, the sources said.

Hmmm.  I guess the apple does not fall far from the tree.  In the Cold War this is exactly the kind of thing the Soviets would have funded.  Though given how tribalized politics are I am not sure that spending money to target a political tribe to reinforce them in their already strongly-held beliefs is a super-productive way to spend money.  More to follow I am sure.

Bad Police Officers Have Been Successfully Lying To Us For Decades

I have never thought that bad police officers were anything but a small minority of police forces, but unfortunately lack of accountability, a general unwillingness to punish bad officers, and even protection provided to bad officers by good ones all combine to let these bad officers do a lot of damage.

Lawrence Faulkenberry has been awarded $1.3 million for the police brutality he suffered.  But in the decades before inexpensive personal video recording, he would have instead been rotting in jail.

The video, posted below, shows Fauklenberry standing outside his home when three deputies walk up with guns drawn, responding to a false report from his mentally ill son after a spat over homework, who had accused his father of being drunk and carrying a gun.

Not only does Faulkenberry not own a gun, he was not drunk.

“The video plainly shows that at no point during the entire incident did the plaintiff offer any resistance or assault any of the deputies.

...

Not only did Faulkenberry not assault deputies, the video shows Caldwell County Sergeant Dustin M. Yost using a judo-type leg sweep on Faulkenberry, causing him to fall down, even though he appeared to be fully cooperating.

Then all three deputies can be seen piling on top of him with one deputy punching him in the eye and another pushing him down with his knee.

The video also revealed at no point in the video did Faulkenberry assault deputy Michael Taylor and deputy Houseton, which they claimed as justification for their use of force.

Faulkenberry was arrested for felony assault on a public servant, resisting arrest and aggravated assault with a firearm.

One wonders how many innocent people went to jail, and still go to jail, because police know that they can make any story stick -- at least until video evidence started to appear, and even then it is hart to convict police of obvious crimes.

Postscript:  I would add that this case illustrates one of my issues with the BLM approach to police violence -- it is not just an issue of racism.  This is a white victim.  And since it is really hard to fix racism anyway (thought there are police training programs that can help), the solution has to also involve a lot of hard work changing rules and union contracts to increase police accountability, hard work that pretty much is not happening or even being discussed anywhere -- instead we are arguing about NFL millionaires taking a knee during the national anthem.

Today, I Am Pissed At Black Lives Matter. They Aren't Doing The Hard Detailed Work Change Requires

Like many of the people who are protesting today in St. Louis the acquittal of  Jason Stockley (please, let's hope it stays peaceful) I am angry about the lack of accountability for this behavior:

Smith tried to flee from Stockley on Dec. 20, 2011, following an alleged drug deal, authorities said. During the pursuit, Stockley could be heard saying on an internal police car video he was going to kill Smith, prosecutors said.

Stockley, riding in the passenger seat of a patrol vehicle with his personal AK-47 in one hand and department-issued weapon in the other, shot at Smith’s car, according to St. Louis Circuit Attorney’s Office spokeswoman Susan Ryan and charging documents.

At Stockley’s direction, the driver of the police car slammed into Smith’s vehicle and they came to a stop, court documents said. Stockley then approached Smith’s car and shot him five times with his service weapon.

Stockley’s lawyers said he fired in self-defense because he believed Smith was reaching for a gun but prosecutors said the only gun recovered from the scene had only Stockley’s DNA on it.

Stockley was acquitted of all charges today.  Just read the above and remember that Smith was not some terrorist about to detonate a nuclear weapon, he was involved in a drug sale.  And here is this police officer chasing him in gunzerker dual-wield mode, crashing his car into him and shooting him after stating his intention to do so over the radio.

But I am also pissed off at BLM.  Why?  Well, I suppose if they encourage folks to violence today I will be mad at them for that.  But I am really mad at the total failure they have become as a change organization.  For years many lone voices have tried to point out issues with police violence and the lack of accountability for it.  BLM did a great job of substantially raising awareness of these issues through protests and disruptions.  But protest and disruption (and collecting donations) is all they seem to be able to do.  The time is long past that they need to be leading the hard work of renegotiating police union contracts and changing local laws.  BLM should have been ready for a day like today with a list of model legislation they can be waving in front of cameras saying this is the list of things we need to be doing in every city to prevent a repeat of this travesty.  Instead, all we will watch is more protests and violence.

Why do I single out BLM?  Why is it their responsibility?  Because they have sucked all the oxygen out of the room.   They wanted to be -- and are -- the de facto leaders on this issue.  They get all the funding.  They get all the celebrity support.  And they are not doing jack except perhaps alienating people they will need to work with to make progress.  They actually had a good plan in the beginning that they have since abandoned in favor of posturing and virtue signalling.   In contrast look at the ACLU, the IJ, and ALEC and how they spend their resources.   It reminds me of exactly how the Trump Administration operates, as so ably described by Megan McArdle today.  Lots of posturing, no ability to do the hard, detailed work to make change.

My Views on BLM

I was at a function the other day when I was challenged to take a position on the stupid 'black lives matter vs. all lives matter' false dichotomy.    I was fortunate to be in a group that actually let me answer with more nuance.  Here is essentially what I said:

  1. There is a real problem with police accountability and police violence in this country, one I have been writing about since long before the BLM movement was even created.
  2. The harm of these police accountability issues falls disproportionately, but not solely, on blacks and other minority ethnic groups
  3. For any number of reasons, fixing racism is not the immediate answer.  Most obviously, because racism is super-hard to eradicate and has persisted (though improved, IMO) despite a lot of attention over many decades.   It is hard to point to any time and place in human history when some folks have not been seduced by in-group-out-group thinking.  The other reason is that the primary issue is accountability, not racism.  We give police special powers to use force that the rest of us do not have, but impose less accountability on them for the use of force than the rest of us face.  No matter how good most police officers are, this accountability problem is going to allow bad eggs to repeatedly abuse their power.
  4. There are real, identifiable steps that can actually increase police accountability and transparency and reduce the types of police violence incidents BLM was formed to oppose.  Early on, BLM actually identified a pretty good list.
  5. BLM did a fabulous job of raising awareness and putting these issues near the center of political discussion.
  6. Having done so, BLM now has gone completely off the rails.  It appears to be entirely focused on virtue-signalling and disruption and support of progressive issues completely tangential to its initial focus.  It has no coherent action plan.  Colin Kapernick torpedoed his own football career to bring attention to BLM, but once he did so and had microphones thrust in his face from every direction, neither he nor any of his supporters had anything specific to advocate for, other than outrage and telegraphing their victim status.
  7. Progress can be made on these issues, but what it will take is a hard city by city slog to change the rules that govern police discipline and transparency.   As I wrote before, BLM "could learn a lot from Conservative and libertarian groups like ALEC, that focus on creating model legislation and local success stories that can be copied in other places."
  8. Republicans often oppose police accountability steps -- they don't just support the police, they fetishize them.  But the cities that most cry out for new accountability rules -- New York, Chicago, Detroit, Baltimore, St. Louis, Los Angeles -- are have Democratic super-majorities and governments whose officials almost to a one have come out publicly in support of BLM.  So why no progress?  One big barrier is the Democratic Party's unwavering support for public employee unions, and it is police unions that are the biggest barrier to implementing the steps BLM should be demanding.  This is another side of this issue discussed earlier in the week.

How The Left Is Changing the Meaning of Words to Reduce Freedom -- The Phrase "Incite Violence"

A surprising number of folks on the Left of late seem to be advocating for restrictions on free speech -- Howard Dean is among the latest.  One of the arguments they use is that, they say, it is illegal in one's speech to "incite violence".  Folks like Glenn Reynolds and Eugene Volokh have responded with legal analyses of this statement, but I want to point out something slightly different -- that in the way the Left is using this phrase, the meaning has been shifted in very dangerous ways.

First, some basic legal background, and on First Amendment issues I find it is always safe to run to Eugene Volokh for help:

To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term. For instance, there is an exception for “fighting words” — face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. ....

The same is true of the other narrow exceptions, such as for true threats of illegal conduct or incitement intended to and likely to produce imminent illegal conduct (i.e., illegal conduct in the next few hours or maybe days, as opposed to some illegal conduct some time in the future). Indeed, threatening to kill someone because he’s black (or white), or intentionally inciting someone to a likely and immediate attack on someone because he’s Muslim (or Christian or Jewish), can be made a crime. But this isn’t because it’s “hate speech”; it’s because it’s illegal to make true threats and incite imminent crimes against anyone and for any reason, for instance because they are police officers or capitalists or just someone who is sleeping with the speaker’s ex-girlfriend.

So it is illegal to "incite violence" though this exception to free speech is typically very narrow.  As I understand it, a KKK speaker who shouts from the podium, "look, a black guy just walked in, everybody go beat him up" would probably be guilty of inciting violence if the crowd immediately beat the guy up.  A BLM speaker who shouted as part of his speech that the crowd needed to fight back against police oppression would likely not be guilty of inciting violence if, some months later, one of the audience members assaulted a police officer.

But what all of this has in common is speakers telling their supporters to go out and commit violence against some other person or group.  The violence incited is by the speakers supporters and is specifically urged on by the speaker.  But this is not how the Left is using the term "incite violence".  The Left is using this term to refer to violence by opponents of the speaker attempting to prevent the speaker from being heard.  For example,  when folks argue that Ann Coulter cannot speak at Berkeley because she will "incite violence", they don't mean that she is expected to stand up and urge her supporters to go do violence against others -- they mean that they expect her opponents to be violent.

This is a horrible newspeak redefinition of a term.  It is implying that a speaker is responsible for the violence by those who oppose her.  By this definition, the socialists of 1932 Germany were guilty of "inciting violence" whenever  Nazi brownshirts tried to brutally shut down socialist meetings and speeches.

I am not sure why the Left is so good at this - perhaps because most of the media is sympathetic to the Left and is willing to let them define the terms of the debate.  The Left has successfully performed a similar bit of verbal judo with the claim that Russians "hacked" the last election.  By calling leaks of Democratic private correspondence "hacking the election", they have successfully left the impression among many that the Russians actually manipulated vote totals, something for which there is zero evidence and really no credible story of how it might have been done.

No Matter What They Actually Say, the Public Trusts Private Corporations More Than Government, And I Can Prove It

As a libertarian, I find myself constantly saying to folks something like:  "private actors (corporations, businesses, individuals, etc. are inherently more trustworthy than government because they cannot legally interact with you through force or fraud -- the government is free to do both.  If you don't like what a private actor is doing, you can simply refuse to interact with them further, an ability one does not have with the government."  This seems like such an obvious point but few people, particularly on the Left, will ever agree with me.  But I have recent proof that in their hearts, most people understand this perfectly.

What is my proof?  The universal, bipartisan freakout over the man who was dragged off by force from a United flight.  People are focusing on this event for the very fact that this example of a private company deploying force against its customers is so incredibly rare.  The Internet is filled with similar or in fact much worse examples of the government abusing its authority -- false arrests, petty harassment, asset seizures without due process -- but people just yawn and these videos gets 236 views  vs. millions for the United video.  Because, presumably, people have come to expect such abuses from the government but not from private companies.

And to a large extent, this particular example of private violence is the exception that will prove the rule.  Because United is going to experience real accountability.  It is already getting a firestorm of bad press that will cost them current and future business.  They will face lawsuits and possible government action.  But the average police officer or government official (or VA or IRS administrator) who abuses their power retain their jobs for life with no negative consequences from their actions.  Also, we should note that it was a government agent in this case who was the one who actually used force and dragged the passenger off, not a private United employee.  Almost every time one looks deeply at an abuse by private companies, at the end of the day that company is enabled or protected in doing so by so some sort of crony relationship with the government.

So I suppose we should ask, if people really in their hearts understand that private "power" is much less menacing than government power, why do they still support increasing the power of government over private actors?  And the answer must be that they believe (or hope, or expect) that use of this government power will achieve some end they want that they cannot achieve without force.  The problem with this of course is that it is naive -- it assumes that once you give great power to the government, government employees will use this power in the way you would use it, for the same goals and ends.  But this is seldom the case, certainly over the long haul.  I argued for years that the Left under the Obama administration was supporting Presidential power on the assumption they would hold the White House forever and thus get to wield all this power.  Which is why, I suppose, there has been so much freakout over Donald Trump's victory.

Postscript:  Here is an example video of government brutality just from my news feed today.  It will get no real traction because everyone has come to expect the government to act in this manner.

Arizona State Legislature Considering Yet Another Awful Law, This Time Allowing Police Prior Restraint on Speech

It is hard to pick out the most egregious example of bad legislation that has been considered by our state legislature, but this one is certainly close:

Claiming people are being paid to riot, Republican state senators voted Wednesday to give police new power to arrest anyone who is involved in a peaceful demonstration that may turn bad — even before anything actually happened.

SB1142 expands the state’s racketeering laws, now aimed at organized crime, to also include rioting. And it redefines what constitutes rioting to include actions that result in damage to the property of others.

But the real heart of the legislation is what Democrats say is the guilt by association — and giving the government the right to criminally prosecute and seize the assets of everyone who planned a protest and everyone who participated. And what’s worse, said Sen. Steve Farley, D-Tucson, is that the person who may have broken a window, triggering the claim there was a riot, might actually not be a member of the group but someone from the other side....

There’s something else: By including rioting in racketeering laws, it actually permits police to arrest those who are planning events. And Kavanagh, a former police officer, said if there are organized groups, “I should certainly hope that our law enforcement people have some undercover people there.’’

“Wouldn’t you rather stop a riot before it starts?’’ Kavanagh asked colleagues during debate. “Do you really want to wait until people are injuring each other, throwing Molotov cocktails, picking up barricades and smashing them through businesses in downtown Phoenix?’’

This is the sort of law that is almost guaranteed to be abused and enforced in an asymmetrical manner.  This is one of those laws where the "Am I comfortable giving my political opponent this sort of power" test is particularly useful.  Conservatives rightly complained about the Obama Administrations asymmetric IRS scrutiny on Tea Party groups, but this law would create a far greater potential for abuse.  We no longer have Sheriff Joe any more (which is one reason I don't join so many others in complaining about the election of 2016) but does anyone doubt that Arpaio would have used this law to shut down every pro-immigrant protest he could learn about in advance?

Accountability for Police and Why Its So Hard

The other day, in writing about how I think Black Lives Matter has lost its way, I said that I supported their goal of increasing accountability of police forces but that goal was going to take a lot of hard, nuts-and-bolts legislative and policy steps that BLM seems uninterested in pursuing.  This article from Reuters (via link from Overlawyered) gives one an idea of some of the issues that exist:

The episode is a telling snapshot of the power police unions flex across the United States, using political might to cement contracts that often provide a shield of protection to officers accused of misdeeds and erect barriers to residents complaining of abuse.

From city to city, union contracts have become just as crucial in governing departments as police manuals and city charters. Yet those contracts are coming under scrutiny amid civil rights protests over alleged police abuses, including shootings of unarmed black subjects.

Reuters, examining the fine print of 82 police union contracts in large cities across the country, found a pattern of protections afforded the men and women in blue:

• A majority of the contracts call for departments to erase disciplinary records, some after just six months, making it difficult to fire officers with a history of abuses. In 18 cities, suspensions are erased in three years or less. In Anchorage, Alaska, suspensions, demotions and disciplinary transfers are removed after two years.

• Nearly half of the contracts allow officers accused of misconduct to access the entire investigative file – including witness statements, GPS readouts, photos, videos and notes from the internal investigation – before being interrogated.

• Twenty cities, including San Antonio, allow officers accused of misconduct to forfeit sick leave or holiday and vacation time rather than serve suspensions.

• Eighteen cities require an officer’s written consent before the department publicly releases documents involving prior discipline or internal investigations.

• Contracts in 17 cities set time limits for citizens to file complaints about police officers – some as short as 30 days. Nine cities restrict anonymous complaints from being investigated.

Police and their supporters will say that Police have a particularly dangerous job and need such extra process protections.  In fact, while there are dangers, it is certainly not among the most dangerous jobs (trash collectors are twice as likely to die on the job than police).  I would argue that we give the police unique powers -- to use violence and to take away a persons liberty -- not possessed by any other citizens and thus we should expect more rather than fewer accountability provisions to go with these special powers.

I will say that I am not particularly optimistic about progress in this area.  The Right tends to fetishize police and are tend to oppose any restrictions on police.  The Left is the natural home for police reform, but most on the Left are loath to take on public employee unions, probably their strongest base of political power, and most of these changes (as seen above) require challenging the police unions.  Black Lives Matter brought a lot of focus to these issues, but they simply can't seem to get past disruption and into policy changes and legislation, and besides the group appears to have been hijacked by the Left to be a vehicle for generic protests of Progressive causes like climate change legislation.

The Left's Nutty, Irrational, Disruptive Opposition Tactics Almost Make Me Want to Switch Sides

I am embarrassed to admit that I initially supported the war in Iraq (though at least I admit that rather than try to rewrite history as do many public figures).   I got swept up in the post 9/11 nationalism and wasn't very sophisticated in my thinking about such interventions.  But I also think part of the  reason for my support was because the opposition was often so irrational and, well, loony.   At least subconsciously, I must have been thinking, "I can't be on the same side with these idiots."

This was a useful experience, though, because in the years since I have frequently found myself allied with the Left on certain issues where I have been appalled by their opposition tactics.  Black Lives Matter is a great case in point.  I absolutely agree with the premise that police forces need more accountability and that the costs of the current lack of accountability fall disproportionately on African Americans.  I thought this initial BLM 10-point plan was really very good.  But ugh, their tactics.  Blocking highways and threatening drivers, where does that get us?   Or the whole tactic of forcing someone to choose between "Black Lives Matter" and "All Lives Matter" -- I mean seriously, WTF?  How is this kind of social justice rhetorical trap at all useful?  And now the movement has so much cred that it has been hijacked by the Left to support climate change legislation and all sorts of unrelated matters, so it likely will never make any actual progress on police accountability.  It would be easy to recoil from all this and shy away from my passion for increasing police accountability because my allies are so off-putting in their tactics, but my Iraq War experience has taught me that this would be a mistake.

And now, we have the opposition to Trump, and all the same loony Left tactics are emerging.  We get lectured by celebrities, and discover that the deepest threat of Trump may be the marginalization of actresses who make $20 million a picture.  We get roads blocked and public violence.    I wonder if all this is driving folks who originally found Trump distasteful into his arms?

I fear that all the oxygen is getting sucked out of the room with protests of crazy hypothetical scenarios while ignoring the real problems that are occurring already.  So everyone is focusing on women marching on Washington, despite the fact that Trump is almost certainly no worse in his personal behavior towards women than Bill Clinton and is likely, on women's issues, the furthest to the Left of all of the 16 original GOP presidential candidates.    We focus on some hypothetical future slight to women while ignoring his economic nationalism, economic interventionism, corporatism, and cronyism that is already on display with Carrier and the auto makers.

As I wrote here, the ability to criticize public figures has limited bandwidth.  Sure, an infinite number of things can be discussed on the Internet, but only a few reach a general consciousness across society.  One way to look at it is to compare it to an NFL game.  In an NFL game, coaches only have two challenge flags they can throw to challenge a bad call by the referees -- after their challenge flags are used, they are out of luck.  The Left is using up all our challenge flags on their own social justice bogeymen, and causing everyone to miss the opportunity to challenge Trump on more relevant faults (of which there are many).

The other problem with the Left's tactics is that they are not well-matched to Trump and likely will be counter-productive.  All this crazy protest is more likely to cause Trump to petulantly lash back.  This one of his worst qualities as a leader, but it is a fact all the same.  Take abortion, for example.  My gut feel is that Trump has never had any problem with abortion, and likely has supported it in the past.  Hell, he's probably secretly paid for a few.  If women's groups had gone and sat down with him quietly and said, "hey, we are worried about creeping restrictions on abortion in many states", Trump probably would have been sympathetic.  This is the Trump, after all, who mythologizes himself as a deal-maker.  But groups on the Left can't seem to do this, in part because of tribal virtue-signalling on the Left.  The Left has decided that their tactic will be to treat Trump as illegitimate, so any group that goes to talk to him is marginalized and excoriated by the rest of the Left.  So rather than sit down and work with a likely-sympathetic Trump, they head out into the streets to denounce him in the craziest possible terms, tactics that may well drive him into exactly the actions that women fear.  If abortion was a big issue for me, I would be pissed at women's groups for their bone-headed tactics.

My Favorite Description To Date of the Problems and Appeal of Trump

Scott Alexander has a great article on the problems with Trump's approach to economics.  I want to begin, though, with an analogy he uses at the end because it is the best single framework I have seen about understanding Trump's appeal:

Suppose you’re a hypercompetent billionaire in a decaying city, and you want to do something about the crime problem. What’s your best option? Maybe you could to donate money to law-enforcement, or after-school programs for at-risk teens, or urban renewal. Or you could urge your company full of engineering geniuses to invent new police tactics and better security systems. Or you could use your influence as a beloved celebrity to petition the government to pass laws which improve efficiency of the justice system.

Bruce Wayne decided to dress up in a bat costume and personally punch criminals. And we love him for it.

I worry that Trump’s plan for his administration is to dress up in a President costume and personally punch people we don’t like, while leaving policy to rot. And I worry it’s going to work.

Basically, Trump is acting like a small state governor, focusing his economic efforts on getting the Apple factory to come to town

So based on these two strategies, we are in for four years of sham Trump victories which look really convincing on a first glance. Every couple of weeks, until it gets boring, another company is going to say Trump convinced them to keep jobs in the United States. The total number of jobs saved this way will never be more than a tiny fraction of the jobs that could be saved by (eg) good economic policy, but nobody knows anything about economic policy and Trump will make sure everybody hears about Ford keeping jobs in the US. Every one of these victories will actively make the world worse, in the sense that these big companies will get taxpayer subsidies or favors they can call in later to distort government priorities, but nobody’s going to notice these either.

It seems appropriate to end this with a bit of Bastiat:

In the economic sphere an act, a habit, an institution, a law produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them.

There is only one difference between a bad economist and a good one: the bad economist confines himself to the visible effect; the good economist takes into account both the effect that can be seen and those effects that must be foreseen.

Yet this difference is tremendous; for it almost always happens that when the immediate consequence is favorable, the later consequences are disastrous, and vice versa. Whence it follows that the bad economist pursues a small present good that will be followed by a great evil to come, while the good economist pursues a great good to come, at the risk of a small present evil.

Bank of America is Protecting Merchants Who Lose Credit Card Data By Hiding Their Names

My small business has a Visa account with Bank of America so that our managers can have the ability to charge small expenses.  My personal corporate card is part of that account.  At least twice a year, I get the dreaded call from the bank telling me my card number was part of a data breach and I have to get a new card.  And then I have to spend hours and hours updating a zillion online accounts with new numbers, and I face weeks and months of past due notices from accounts I forgot to change.

I am willing to accept Bank of America's explanation that some merchant outside their system caused the breech.  So each time I ask the obvious question, "who was the merchant so I can stop doing business with them?"  And every single time Bank of America refuses to tell me.  For reasons beyond my reckoning, Bank of American and apparently the Visa system have a vow of Omerta in which they protect security-deficient retailers from scrutiny.  It is infuriating.  In a free society, we should not need the government to hold merchants accountable for data privacy, we should be able to do it ourselves as customers.  Apparently I am not the only one who is similarly frustrated by this.

Does anyone know of any Visa issuers that are more transparent about the sources of data breaches?  Is Amex better on this than the Visa/MC system?

Update:  From a Senior Fraud Analyst at Bank of America:

I am responding to an email you sent to us regarding the data compromise situation that keeps happening with your corporate card.

I do understand the frustration you experience.  We are not provided specific details about where the compromise occurred.  The compromise could have happened sometime in the past and it may not be limited to one specific merchant or processing center.  I do understand that  you not wanting to use the card at the site of the compromise, but keep in mind that when a merchant or processing center is compromised they likely took measures to improve their security, the continued compromises could be coming from different processing centers or merchants and not the same place each time.

My email back in response:

This is how banks invite regulation on themselves.  If Visa and the large credit card issuing banks were more transparent with customers about retailers that create data breaches, customers could take their own action to police irresponsible parties by taking their business elsewhere.  Ditto merchant processors -- we businesses could easily shift our merchant processing accounts.  But instead, by creating this sort of rule of Omerta where you protect the irresponsible party from public disclosure, people feel helpless.  It is in that environment that folks like Elizabeth Warren can create so much havoc with regulation.

By the way, please do not tell me to be comfortable that the offending merchants have already tightened up their security.  It has been nearly 18 months after the requirements that merchants accept chip cards to avoid extra liability and half the stores I visit still have the chip card slot on their credit card machines disabled.  No retailer is going to stop being irresponsible until you banks stop protecting the bad ones.  Look what happened at Target - they got a lot of bad publicity from their breach but you can be damn sure they were one of the first that were accepting chip cards.

Because Everybody Knows Rich White Males Will Be Hurt the Most By Higher Fuel and Electricity Prices

Apparently, BLM is now protesting for climate action of some sort, temporarily closing an airport in the UK.

BLM has created a very hot brand, and at least for certain segments of the population, it has a lot of accumulated virtue credits.  Now, everyone on the progressive Left wants to use that brand and those virtue credits, and are trying to shove their particular issues under the BLM tent.  BLM is thus in the process of being hijacked.  I give the movement about 60 days to get its messaging in order before its power to actually affect its original issue (police and proprietorial abuse) is at an end.  That doesn't mean that BLM will go away -- if successfully jacked it may be around for decades, but it will be just another progressive shell organization.  This will make its leaders more prominent and even perhaps a lot richer (think gigs at MSNBC), but it will make the goal of getting more accountability applied to police forces a dead letter.

BLM: OK, You Have Our Attention -- and Many of Us Are Sympathetic -- What in the Hell Do You Want Done?

Well, it appears that Black Lives Matters has moved on to climate activism, or whatever, but has mostly fallen off message on police accountability.  Protests in the vague hope of ending racism by closing busy highways and airports and kneeling during the National Anthem are going to get nothing done -- the solution to the problems that sparked the BLM movement are to be found in legislative efforts to create better police accountability measures and to roll back a number of egregious protections from accountability that exist in many union contracts.  The solution is not to throw blanket hate on police officers, many or most of whom are doing a good job, but to recognize that when we give officers unique powers to use force, they need extra accountability to go with those powers.  Today, most police have less accountability for their use of force than you and I do.

Unfortunately, doing that is hard.  It is a tough legislative slog that has to go local city by local city, with few national-level shortcuts available.  It faces opposition from Conservatives who tend to fetishize police, and from Liberals who are reluctant to challenge a public employees union.  And it requires that BLM translate their energy from disruption and attention-grabbing (which they are very good at) to policy and legislation, which they have shown no facility for.  They need to be working on model legislation and pushing that down to the local level.  This original plan actually looked pretty good, but apparently it has been rejected and gets little or no attention.

As a result, BLM seems to be stuck in a pointless do-loop of disruption and virtue-signalling.  I just want to scream at them, "OK, you have our attention -- and many of us are sympathetic -- what in the hell do you want done?"  Unfortunately, their current lists of goals have almost nothing to do with police accountability and appear to be a laundry list of progressive talking points.  It appears to be another radical organization that has been jacked by the Democratic establishment to push mainstream Democratic talking points.

Here is a good example, for a number of reasons.  In the past, the officer likely would have been believed and the woman might have been convicted of something.  I think this happens to people across the racial spectrum, but African-Americans have had a particularly hard time -- given both racist perceptions and lack of good counsel -- in these he-said-she-said cases with police.  Not to mention that African-Americans -- for a variety of reasons including racial profiling in things like New York's stop and frisk program to the tendency of poor black municipalities to fine the crap out of their citizens to generate revenue -- come in contact with police disproportionately more often.

I offered my plan to help African-Americans a number of times in the past:

  • Legalize drugs.  This would reduce the rents that attract the poor into dealing, would keep people out of jail, and reduce a lot of violent crime associated with narcotics traffic that kills investment and business creation in black neighborhoods.  It would also reduce the main excuse for petty harassment by police that falls disproportionately on young black men.  No it's not a good thing to have people addicted to strong narcotics but it is worse to be putting them in jail and having them shooting at each other.
  • Bring real accountability to police forces.  When I see stories of folks absurdly abused by police forces, I can almost always guess the race of the victim in advance.  I used to be a law-and-order Conservative that blindly trusted police statements about every encounter.  The advent of cell-phone video has proven this to be supremely naive.  No matter how trusted, you can't give any group a pass on accountability.
  • Eliminate the minimum wage   (compromise: eliminate the minimum wage before 25).  Originally passed for racist reasons, it still (if unintentionally) keeps young blacks from entering the work force.  Dropping out of high school does not hurt employment because kids learn job skills in high school (they don't); it hurts because finishing high school is a marker of responsibility and other desirable job traits.  Kids who drop out can overcome this, but only if they get a job where they can demonstrate these traits.  No one is going to take that chance at $10 or $15 an hour
  • Voucherize education.  It's not the middle class that is primarily the victim of awful public schools, it is poor blacks.  Middle and upper class parents have the political pull to get accountability.   It is no coincidence the best public schools are generally in middle and upper class neighborhoods.  Programs such as the one in DC that used to allow urban poor to escape failing schools need to be promoted.

Being A Victim Apparently Has More Status Now Than Being A Gold Medal Winner -- Ryan Lochte Channels "Jackie"

There appears to be no rational way to explain Ryan Lochte's bizarre need to make up a story about being the victim of an armed robbery.  The media seems to be pushing the notion that he made up the story to cover up his own vandalism at a gas station, but that makes zero sense.  He had already defused the vandalism incident with a payment of cash to the station owner.  The rational response would be to just shut up about the whole thing and let it be forgotten.

But instead, he purposely made a big deal about the incident, switching around the facts until he was a victim of an armed assault by men posing as police officers, up to and including harrowing details of a cocked gun being jammed into his forehead.  The incident, likely ignored otherwise, suddenly became a BIG DEAL and subsequent investigation (including multiple video sources) showed Lochte to be a bald-faced liar.

The only way I can explain Lochte's motivation is to equate it with the lies by "Jackie" at the University of Virginia, whose claims of being gang-raped as published in the Rolling Stone turned out to be total fabrications.  Like Lochte, she dressed up the story with horrifying details, such as being thrown down and raped on a floor covered in broken glass.  The only real difference I can see, in fact, between Lochte and Jackie  is that the media still protects Jackie (via anonymity) from well-deserved humiliation for her lies while it is piling on Lochte.

I can sort of understand Jackie's motivation -- she was by all accounts a frustrated, perhaps disturbed, certainly lonely young woman who was likely looking for some way to dramatically change her life.  But Lochte?  Ryan Lochte has won multiple Olympic medals, historically in the sports world a marker of the highest possible status.  But in today's world, Lochte viewed victimhood as even higher status.

Update:  This is probably the fairest account of the whole incident.

One Weird Trick That Will Sell Your Tax Increase to the Public

Here is the trick:  You want a tax increase for X.  The public is never going to approve of raising taxes for X.  So you bundle 95% X with 5% Y, Y being something the public is really excited about.  As much as possible, you never mention X in any discussion of the tax increase, despite most of the funds being dedicated to X, and instead focus solely on Y.   If history is any guide, you will get your tax increase.

What a specific example?  You want a tax increase to fund a huge public transit boondoggle.  The public is not buying it.  So you rebrand the public transit project as a "transportation bill", you throw in a few highway improvements, you talk mainly about the highway improvements, and you get your public transit bill.

Another example is general revenue increases.  Most of these tax increases go to increasing the salary and pensions of bureaucrats and senior administrators that aren't really doing anything the public wants done in the first place.  So you say the tax increase is to improve the pay of three (and only these three) categories of workers:  police, firefighters, and teachers.  The public likes what these folks do, and could mostly care less about what anyone else in local government does.   So even if the taxes help about just 3 teachers among 3000 other bureaucrats, you sell it as a teacher salary increase.

It is because I understand this one weird trick that this sort of story does not surprise me in the least:

'Yikes!': Some Arizona teachers see little from Prop. 123

For months leading up to the vote on Proposition 123, supporters of the public education funding measure pleaded for its passage, saying it represented money for teachers.

But as the first installment of cash has gone out, many teachers may find Prop. 123 is a smaller windfall than they hoped. And voters may be surprised to learn where some of the money is going.

In some cases, teachers will collect less than 20 percent of their district's Prop. 123 funds. Some districts will use most of their money for other purposes, ranging from textbooks to computers to school buses, according to an Arizona Republicsurvey of district spending plans.

The measure was sold as a way to direct money — significant money — to teachers and classrooms....

With no rules on how the money can be used, each school district has tried to address its own priorities. While many supporters of the measure invoked teachers as the main reason to vote for Prop. 123, others in the public school systems have staked a claim to the money, especially after many went years without raises beginning in the recession.

Those seeing raises include relatively low-paid secretaries, custodians and bus drivers. But it also includes superintendents, principals and mid-level administrators who don’t work in classrooms.

That may not sit well with voters who opposed the measure or with supporters who thought they were doing something more substantive for teachers.

 

 

Police and Community Roundup

Walter Olson has an interesting roundup of articles related to police accountability, over-policing, and many other related issues.

Why BLM and the Campus "Rape Culture" Movement Are A Lot Alike

Both BLM and the campus rape culture movement have a starting point in real problems.

On campus, and even in a few police precincts, women complaining about sexual assault would get patted on the head and sent on their way, their charges going largely investigated.  In part, oddly enough, I think the problem stems from the war on drugs -- for literally decades, campus police have helped to shelter their students from drug investigations and harassment from their local community police force.  I know they did so at Princeton when I was there.  So campus police forces really had a mission to keep their students out of jail and out of trouble.  This is A-OK with me on drugs, but it obviously leads to terrible results when we get to sexual assault.  So something needed to be done to have police forces, particularly ones on campus, take sexual assault charges seriously.

With police, officers have been sheltered from any real accountability for years.  We give the police the ability to use force and other powers that ordinary citizens don't possess, but instead of giving them more scrutiny and accountability to offset these powers, we give them less.  This has really been a bipartisan problem -- Conservatives tend to fetishize the police and want to assume by default that all police actions are justified.  The Left is more willing to be skeptical of police behavior, but they refuse to take on any public sector union and police unions have generally locked in their contracts any number of accountability-avoidance mechanisms.  So something needed to be done to bring accountability to police forces.

And with these quite justifiable and reasonable goals around which many of us could have coalesced into some sort of consensus, both protest efforts immediately overreached into crazy zones.

On campus, the reasonable demand for serious action in response to a sexual assault charge was abandoned in favor of the demand for immediate conviction without due process based on any sexual assault charge.  Oddly mirroring the conservative attitude towards police, activists said that alleged victims had to always believed, and demanded that universities punish anyone accused of sexual transgressions.  The result has become a toxic mess, and in some ways is a setback for justice, as activists have made it easier to get a rapist thrown out of school but perhaps harder to actually get thrown in jail.

With police, activists immediately eschewed the reasonable need for more police accountability and jumped to the contention that all police officers are racist and systematically abuse black citizens.  Their focus seems to be on police shootings, though I find the pattern of petty police harassment (through the war on drugs and programs like New York's stop and frisk) to be more problematic.  Just as in the campus rape debate, a reasonable need for more accountability and investigation of police shootings has morphed into a demand that police officers be treated as guilty by default in all shootings.

Each of these movements have made the problems more visible while simultaneously making these problems less likely to be solved.

I will add that I stick by my evaluation of BLM I wrote a while back.  I actually sort of liked a lot of their proposed plan, but I wrote (see particularly part in bold):

There is much that progressive and conservative groups could learn from each other.  Conservative groups (outside of anti-abortion folks) are loath to pursue the public demonstration and disruption tactics that can sometimes be helpful in getting one's issues on the public agenda.  The flip side is that public disruption seems to be all BLM knows how to do.  It can't seem to get beyond disruption, including the unfathomable recent threat to disrupt an upcoming marathon in the Twin Cities.   It could learn a lot from Conservative and libertarian groups like ALEC, that focus on creating model legislation and local success stories that can be copied in other places.  Many of the steps in BLM's plan cry out of model legislation and successful pilots/examples.

 

This is a Terrible Idea. They Going to Take their Hair and Gold Teeth Too?

Apparently, Denmark is considering a plan (WSJ, gated) to seize valuables from migrants to offset government costs.  I am sure this will work out just as fairly as do American asset forfeiture laws

Denmark’s minority government has secured cross-party backing for a plan to seize cash and valuables from asylum seekers to help meet the cost of their stay in the Nordic country despite criticism from the United Nations and some Danish lawmakers.

Details of how the plan, which could be adopted by parliament as early as next month, would be put into action remain scant.

Liberal Party lawmakers, who draw up the proposal, have provided few details other than to say that police won’t be taking people’s possessions as they enter the country. Police or other officials would appraise the value of people’s possessions as they check the identity of asylum seeks before deciding what, if anything, the new arrivals should pay.

A while back I wrote a controversial post saying that I don't see any moral difference between building a wall to keep people in a country vs. building a wall to keep them out.  **

For a period of time in the late 1930's, the German government was actually encouraging Jews to leave the country -- the one requirement, though, was that the government stripped them of all their property and valuables on the way out.  So I ask the same question slightly modified.  What is the moral difference between stripping refugees of their assets as the leave a country vs. as they enter a country?

 

** Several people argued the point by analogy, saying it is OK to lock people out of your house but not to lock them in your house.  Certainly, but this frequent use of exclusionary rights on private property as an analogy for an entire country is deeply flawed.  Essentially, for this to be a valid analogy, one would have to adopt Marxist definitions of state ownership of all property and totalitarian views on individual rights to argue that an entire country is just like a private house.