January 2012

9/11 Outrage

by Alex Nowrasteh on September 11, 2009 · 2 comments

in Odds & Ends

On September 9th and later tonight, on the anniversary of the terror attacks of 9/11/2001, conspiracy nuts will be showing the “film” Loose Change 911: An American Coup. These conspiracy nuts are renting out the Elizabeth R. Topping room in the E.P Foster Library in Ventura County, California (the county where I grew up) and the screening will take place tonight at 5 and 7:15 p.m.

What’s maddening is that the citizens of Ventura County, California will be subsidizing this screening. The Elizabeth R. Topping room costs only $25 to rent and has a capacity of 96 people. There is no private venue in Ventura County that costs so little for such a large capacity. Also, the screening is in a PUBLIC LIBRARY, which is largely supported by taxpayer dollars. The county government is subsidizing the viewing of this conspiracy theory.

I don’t care what kind of stupid beliefs people have, whether it’s the idiotic and harmless idea that reptilian humanoids occupy the center of the Earth or the harmful one that 9/11 was caused by a cabal of evil Americans to give a justification to wage war on a “peaceful” Middle East. People can believe or propagate whatever silly notions they have in the market place of ideas. But when conspiracy nuts, or anyone, uses government subsidized institutions and taxpayer dollars to support their agenda it is time for taxpayers to rebel. This is just one more government funded outrage.

Ars Technica recently posed the question: Did Family Guy cause 179,997 FCC Indecency Complaints? Matt Lasar concludes that indeed it did:

We go over and check out the Parents Television Council‘s website. And sure enough, there’s a plausible instigator—a PTC viewer action alert crusade against a March 8 episode of the animated comedy show the PTC just loves to hate, Fox TV’s Family Guy. . . As is usually the case with these campaigns, PTC gave its readers the chance to “take action now” by filling out a pre-scripted FCC Web complaint with details about the show, enabling a potentially limitless number of champions of decency to file objections with the Commission. And as we’ve noted in the past, it’s easy to pile the gripes on, because the FCC does not require complainers to certify that they’ve actually seen the program in question.

It seems technology doesn’t always promote democracy. In this case, technology is making it easier for one fringe group of people to complain and change the rules for everyone else. Over on the Tech Liberation Front, Adam Thierer of the Progress and Freedom Foundation adds that the PTC has been able to influence the FCC to change the way it counts complaints, leading to double-, triple-,  quadruple-counted complaints that artificially inflate the total number reported in the media.

So, technology can aid democracy, but it can also aid political bullying. Perhaps more interesting, though, is that in this situation, technology also provides an attractive and easy tool for helping, well, raise children. Why bother restricting your children’s television habits, or using parental controls on T.V. sets, when it’s so much easier to instead click a mouse and complain to the government? Perhaps those parents just didn’t know their televisions have on/off switches. Or is this really about a few self-perceived “morally superior” (and technologically illiterate) parents determining how everyone else’s children should be raised?

This week has been a disappointing one for critics of the wireless industry. First, Motorola launched its new CLIQ handset. The CLIQ, along with many of Motorola’s future offerings, will run on Google’s Android operating system. Motorola’s last hit phone, the RAZR, was released in 2004, and since then the company has taken a dive in terms of unit sales and market share. Motorola also plans to launch a second Android device (codenamed “Sholes”) for Verizon in the coming weeks, and will incorporate the open OS in many of its upcoming handsets.

Next, the Sprint network announced an unprecedented new subscriber plan. Deemed the “Any Mobile, Anytime” plan, for $69.99 a month, customers can place calls to any mobile phone in the U.S. regardless of carrier. Each of the “Big Four” wireless carriers has a roughly equivalent and equally priced standard package of about 450 anytime minutes, unlimited texting and data. Now, Sprint is upping the ante by tossing the “My Circle/Faves/A-List” restrictions and giving customers unlimited mobile-to-mobile calling. You can bet that this plan will be particularly popular among younger demographics that have eschewed land lines.

Will the mobile industry’s critics please stand up? As I’ve said before, competition among wireless carriers is alive and healthy. Companies are continuing to add more features and perks to their service packages. Just a couple of years ago, “in-network” calling was unheard of – you were charged for any and all calls you made. The iPhone launched in 2007 with a sticker price of $500; today you can get one for either $200 or $99. The number of Internet-capable phones on the market today is remarkable, with many offerings for under $100 (I just got my Blackberry for $50).

Claims that there isn’t enough competition among wireless service providers are preposterous. The last thing we need is the FCC or Congress to meddle with the wireless market.

CEI Weekly is a compilation of articles and blog posts from CEI’s fellows and associates sent out via e-mail every Friday. Also included in the Weekly newsletter is a brief description of CEI’s weekly podcast and a feature on a major CEI breakthrough made during the week. To sign up for CEI Weekly, go to http://cei.org/newsletters.


CEI Weekly
September 11, 2009


>>CEI and Ayn Rand Institute Hosts Workshop for 9/12 Tea Party in D.C.
Tea Parties and town hall meetings held around the country this year have empowered a growing number of Americans outraged by the bail-outs, government take-overs, and taxpayer boondoggles gone rampant in Washington, D.C.   Yet, too often the protestors have been dismissed as being merely anti-government, when in fact they are pro-liberty. Why are they pro-liberty? In this workshop, we will explore those reasons and explode the myth that the protests are just angry manifestations of reaction
WHEN:           September 11, 2009 12:00pm – 4:00pm
WHERE:        The National Press Club – Ballroom


>>Shaping the Debate
[Featured in Reason's Hit & Run] Political Malpractice
Greg Conko’s issue analysis on health care at CEI.org

What do ‘Cybersecurity Emergency’ Powers Mean for the Internet
Wayne Crews and Ryan Radia’s article in the Washington Examiner Opinion Zone

Does Intel Have Human Rights?
Hans Bader and Ryan Young’s op-ed in Real Clear Markets

The BofA Bonus Show

John Berlau’s citation in the Wall Street Journal

Big Labor’s Benefits
Ivan Osorio’s op-ed in the American Spectator


>>Best of the Blogs
New Paper Shows Staggering Cost to Americans of Waxman-Markey
by Iain Murray
A new cost benefit study from New York University Law School’s Institute for Public Integrity that shows, “From almost any perspective and under almost any assumption, H.R. 2454 [Waxman-Markey] is a good investment for the United States to make in our own economic future and in the future of the planet.”  A good investment for the US? Really? The authors recognize that the benefits they find are global, while the costs are located in the US.

The Washington Post Discovers that Poor People Need More Energy
by Myron Ebell
Emily Wax details the energy poverty of Africa, India, and Pakistan. She draws the obvious conclusion that has evaded most of the establishment media for years; that’s why India and other developing countries aren’t going to sign on to any UN treaty that mandates reductions in their greenhouse gas emissions.  They don’t need an energy diet; they need thousands of coal-fired power plants. Wax writes: “Just one in four Africans has access to grid electricity, according to the World Bank. More than 500 million Indians, roughly half the population, have no official access to electricity.”

NIMBY for me, not for you — Robert Kennedy, Jr.’s selective embrace of renewable energy

by Marlo Lewis
Robert Kennedy — like his cousin-by-marriage Gov. Schwarzenegger — wants to allow ”alternative energy” companies to build solar power stations in the Mojave. As the Governator was widely quoted as saying, “If we cannot put solar power plants in the Mojave Desert, I don’t know where the hell we can put it.” But according to Sen. Diane Feinstein (D-CA), David Myers of the Wildlands Conservancy, and others, the solar stations would wreck the habitat of the desert tortoise, a threatened species under the California and federal Endangered Species Acts.

Regulation of the Day 49: Political Speech
by Ryan Young
The First Amendment famously reads, “Congress shall pass no law… abridging the freedom of speech, or of the press.” Congress, ever sneaky, has looked very closely at the First Amendment’s wording. If they can’t pass laws abridging the freedom of speech or of the press, maybe they can pass laws abridging the freedom of speech and of the press. No lawyer in their right mind would use that argument in court. The real justifications for most speech and press-abridging laws — collectively known as campaign finance regulations — are actually much flimsier.


>>Liberty Week Podcast
Episode 59: The New March on Washington
In episode 59, we take a detour from the usual format and focus on the upcoming 9/12 March on Washington, where thousands of Americans from across the country will converge on Capitol Hill to protest record levels of government spending and borrowing. The demonstration is about defending our liberty and about restoring our Constitution by reducing the size and scope of the federal government.


>>Support CEI
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To sign up for CEI Weekly, go to http://cei.org/newsletters.

Charles Huang
Web and Media Associate
Competitive Enterprise Institute
chuang@cei.org
http://www.cei.org
http://www.openmarket.org
202-331-1010

Over at CNN, John Feehery argues that it’s better not to heckle. I agree, but for different reasons.

Feehery’s line of thinking is that the office deserves respect. Holding one’s tongue is a matter of decorum. “The president is the commander-in-chief, the leader of the country, and in many unspoken ways treated as a king.”

Technically, the president is commander-in-chief of the armed forces, and of nothing else. The rest of his job consists of humbly executing the laws given him by the Constitution and the legislature. That’s why it’s called the executive branch.

Feehery, a partisan Republican, here manages to out-conservative Edmund Burke. Royal rhetoric pervades his piece – evidence of how far the presidency has strayed from its intended purpose. The cult of the presidency endures.

Don Boudreaux’s approach to the presidency is more realistic, if less romantic:

[T]he notion that the U.S. presidency is lofty or respectable in any ethically significant sense is ludicrous. As Saul Bellow said about politicians, “they’re a bunch of yo-yos. The presidency is now a cross between a popularity contest and a high school debate, with an encyclopedia of clichés the first prize.”

Hence the real reason to let the president have his say without being heckling him: politicians make themselves look bad far more effectively than any heckler could. He doesn’t need the help. Just take his ideas seriously:

-We can save money by spending $900,000,000,000.

-We can contain costs by isolating people from the costs they incur.

-The Medicare/Medicaid model works. Expand it.

Presidents are unremarkable creatures. Borne of much talent for campaigning and little for governing, more love for power than for principle, and the unyielding belief that they know best, presidents have the worst kind of hubris. This is perhaps their only regal trait.

President Bush thought he could win two simultaneous land wars in Asia, and use military might to build a new nation in Iraq. Hubris.

President Obama thinks he can run the auto, financial, and health care industries at the same time, all while controlling global climate patterns. Hubris.

Feehery is right that President Obama should not have been heckled. If not for the sheer harm his office causes, it would not merit the attention.

Intel’s defense in its EU antitrust case has taken the surprising line that the company’s human rights were violated. Over at Real Clear Markets, CEI colleague Hans Bader and I take a closer look. We conclude that Intel actually has a pretty good argument.

Corporations have human rights because doing so greatly reduces transaction costs: “suppose your company wants to buy some computer chips from Intel. You could have each shareholder sign the sales contract – good luck finding them all – or you could treat Intel as a person with the right to sign a contract, and the obligation to honor it. To deal with one person or millions? That is why corporations have legal standing as individuals.”

In short: no corporate rights, no modern economy. No exaggeration. There is a reason why legal conventions emerge as they do, even if they appear strange at first glance.

Iain Murray was kind enough to point out to me that the idea of corporate human rights has very deep roots. The 18th-century legal scholar William Blackstone, in his revered analysis of the English common law, wrote that corporations have the right “[T]o sue or be sued,, implead or be impleaded, grant or receive, by its corporate name, and do all other acts as persons may.”*

*William Blackstone, Commentaries on the Laws of England, Volume 1: Of the Rights of Persons, (Chicago: University of Chicago Press, 1979 [1765]), p. 463.

In his health-care speech last night, President Obama promised the world, but didn’t explain how he would pay for it. It was all sizzle, no substance. Even media that often cheerlead for Obama found his claims hard to swallow.

Obama claimed that his proposals won’t add “one dime to the deficit now or in the future.” But as the Associated Press noted, his proposals “would drive up the deficit by billions of dollars.” The Washington Post, which endorsed Obama and hasn’t endorsed a Republican for President since 1952, noted that under the House version of Obamacare, “the expanded coverage would add more than $1 trillion to the deficit.”

Obama claims that “Nothing in this plan will require you or your employer to change the coverage or the doctor you have.” But that’s not true of the House and Senate versions of Obama’s plan. The Associated Press noted that “the Congressional Budget Office analyzed the health care bill written by House Democrats and said that by 2016 some 3 million people who now have employer-based care would lose it because their employers would decide to stop offering it.”

Obama also claims to not want to cut Medicare benefits. However, the Associate Press says that “Obama and congressional Democrats want to pay for their health care plans in part by reducing Medicare payments to providers by more than $500 billion over 10 years. The cuts would largely hit hospitals and Medicare Advantage, the part of the Medicare program operated through private insurance companies. . . . many experts believe some seniors almost certainly would see reduced benefits from the cuts. That’s particularly true for the 25 percent of Medicare users covered through Medicare Advantage.”

Obama also claims that he can keep the cost of his health care plan down to a mere $900 billion, in part by “requiring insurance companies to cover preventive care,” which he claims “saves money.” The Associated Press rejects this claim: “Studies have shown that much preventive care — particularly tests like the ones Obama mentions — actually costs money instead of saving it. That’s because detecting acute diseases . . . in their early stages involves testing many people who would never end up developing the disease. The costs of a large number of tests, even if they’re relatively cheap, will outweigh the costs of caring for the minority of people who would have ended up getting sick without the testing. The Congressional Budget Office wrote in August: ‘The evidence suggests that for most preventive services, expanded utilization leads to higher, not lower, medical spending overall.’”

The Heritage Foundation debunked 10 false claims made by Obama in his speech.

Reason Magazine, most of whose writers preferred Obama over McCain in 2008, has a commentary entitled “Obama’s Lies Matter, Too“:

“The lies last night began in Obama’s opening paragraph. ‘When I spoke here last winter,’ he began, ‘credit was frozen. And our financial system was on the verge of collapse.’ In fact, Obama spoke on Feb. 24, at least six weeks after credit markets began to thaw . . .

“It’s never encouraging when a politician who desperately needs to convince skeptical Americans of his fiscal sobriety starts off by slurring his words. As you might then infer, Obama was just warming up. ‘Insurance companies,’ the president announced, ‘will be required to cover, with no extra charge, routine checkups and preventive care, like mammograms and colonoscopies,’ in part because such prevention ‘saves money.’ Looks like someone forgot to tell the Congressional Budget Office, or other non-White House sources that have analyzed the cost-benefit of prevention.

“Again and again last night, the president’s numbers didn’t add up. ‘There may be those—particularly the young and healthy—who still want to take the risk and go without coverage,’ he warned, in a passage defending compulsory insurance. ‘The problem is, such irresponsible behavior costs all the rest of us money. If there are affordable options and people still don’t sign up for health insurance, it means we pay for those people’s expensive emergency room visits.’ No, it means that, on balance, the healthy young don’t pay for the unhealthy old. The whole point of forcing vigorous youth to buy insurance is using their cash and good actuarials to bring down the costs of covering the less fortunate.

“Such fudges reveal a politician who, for whatever reason, feels like he can’t be honest about the real-world costs of expanding health care. “Add it all up, and the plan I’m proposing will cost around $900 billion over ten years,” he said, trying hard to sound like those numbers weren’t pulled out of Joe Biden’s pants, and won’t be dwarfed by actual costs within a year or two.  ‘We’ve estimated that most of this plan can be paid for by finding savings within the existing health care system–a system that is currently full of waste and abuse,’  he said, making him at least the eighth consecutive president to vaguely promise cutting Medicare ‘waste’ (a promise, it should be added, that could theoretically be fulfilled without drastically overhauling the health care system). Any government-run ‘public option,’ he claimed, somehow “won’t be” subsidized by taxpayers, but instead would ‘be self-sufficient and rely on the premiums it collects.’

And in a critical, tic-riddled passage that many of even his most ardent supporters probably don’t believe, Obama said: ‘Here’s what you need to know. First, I will not sign a plan that adds one dime to our deficits–either now or in the future. Period.’ In case you couldn’t quite read his lips, the president repeated the line for emphasis. Then: ‘And to prove that I’m serious, there will be a provision in this plan that requires us to come forward with more spending cuts if the savings we promised don’t materialize.’

If that ‘one dime’ formulation sounds familiar, that’s because Obama made—then almost immediately broke—the same promise regarding taxes on Americans earning less than $250,000 a year. Surely the no-new-deficits pledge is headed for the campaign dustbin faster even then that ‘net spending cut‘ we’ll never see.”

Martin Feldstein, an economic advisor to Obama, criticized “ObamaCare’s Crippling Deficits” in Monday’s Wall Street Journal, noting that “the higher taxes, debt payments and interest rates needed to pay for health reform mean lower living standards.”

Feldstein earlier called into question Obama’s claims about how ObamaCare will supposedly let you keep your health coverage while cutting costs. “ObamaCare is all about rationing,” says Feldstein. Feldstein also noted that Obama’s health-care plan would harm people with insurance, and massively raise taxes.

Feldstein, a Harvard professor, warns that “For the 85 percent of Americans who already have health insurance, the Obama health plan is bad news. It means higher taxes, less health care and no protection if they lose their current insurance because of unemployment or early retirement.” Obama’s plan would “cost more than $1 trillion,” and raise the top federal “income-tax rate from 35 percent today to more than 45 percent,” he notes.

Fact-checkers previously concluded that Obama is lying about health-care. A CNN Money commentary notes that ObamaCare will take away 5 freedoms.

Obama claimed his proposals would not give coverage to illegal aliens. While the New York Times claims that this is technically true, others, like the Congressional Research Service, Slate’s Mickey Kaus (a Democrat), and the Washington Examiner, have said that it likely would give coverage to illegal aliens.

While illegal aliens are exempt from Obama’s individual mandate — which would impose penalties on American citizens who do not obtain health insurance coverage — and they are theoretically not entitled to government-subsidized coverage under the House version of ObamaCare, in practice, there would little to stop them from obtaining such coverage, since Democrats blocked any effective enforcement mechanism for excluding illegal aliens, by voting down the safeguards advocated by Congressman Dean Heller (R-Nevada).

Yet, as the New York Times concedes, “illegal immigrants would seem to be exempt from the proposed requirement that all but the lowest-income Americans obtain health insurance. So they would not be forced to buy insurance.”

Thus, while illegal immigrants are exempt from ObamaCare’s fines and penalties, there is nothing to stop them from joining up if they want to.

This could lead to the worst of both worlds: young, healthy illegal aliens avoiding buying health insurance, while older, sickly illegal aliens get government-sponsored health insurance, so that the government winds up insuring only the most expensive and costly illegals, at taxpayer expense.

ObamaCare has other dubious provisions, like its racial preferences and set-asides, which earlier drew criticism from the U.S. Commission on Civil Rights.

The First Amendment famously reads, “Congress shall pass no law… abridging the freedom of speech, or of the press.”

Congress, ever sneaky, has looked very closely at the First Amendment’s wording. If they can’t pass laws abridging the freedom of speech or of the press, maybe they can pass laws abridging the freedom of speech and of the press.

I kid, of course. No lawyer in their right mind would use that argument in court. The real justifications for most speech and press-abridging laws — collectively known as campaign finance regulations — are actually much flimsier.

They mainly have to do with protecting politicians from criticism. For example, a group called Citizens United released a partisan documentary last year called Hillary: The Movie. Basically a feature-length missive against then-Sen. Hillary Clinton and her presidential candidacy, the FEC blocked the movie from pay-per-view television during the 2008 primary season.

The movie was effectively censored because corporations (and unions) are not allowed to engage in certain types of political speech when an election is near. Citizens United lists some corporations among its donors, and thus was not allowed to show the movie as widely as they would have liked.

Citizens United got upset about all this, naturally. So they sued. Their case made it to the Supreme Court last year. Unwilling to make too hasty a decision, the Court re-heard oral arguments yesterday. The early bets are that Citizens United will win a partial victory, though one never knows until the decision is actually handed down.

Had the movie not been about politics, it would have faced no such obstacles. Political speech is treated very differently from other types of speech these days. This is a troubling trend. At heart, campaign finance regulations are a roundabout way of saying: no criticizing candidates!

Perhaps the First Amendment is a bit wordy. “Congress shall pass no law” is quite enough.

Today, DC Progress, a public policy organization that focuses on the District of Columbia, hosted a panel on the issue of underemployment. DC Progress President Christian Robey noted that underemployment can be defined in different ways: either as somebody working at a job for which he or she is overqualified, or at fewer hours than desired. However defined, the problem of underemployment is one of unfulfilled potential, both for job creation and for access to good jobs that do exist. (Disclosure: DC Progress currently shares offices with CEI.)

Thus, the solution to underemployment lies in removing obstacles to greater job creation. National Black Chamber of Commerce President Harry Alford went straight to the heart of the matter. “The solution to underemployment and unemployment are free enterprise and entrepreneurship.” At the local level of Washington, DC, he identified project labor agreements as a major regulatory stumbling block to local residents, including minority residents, gaining access to better jobs. And the problem is likely to get worse, due to President Obama’s rescinding of an Executive Order prohibiting project labor agreements (PLAs) on federal construction projects, a decision Alford said he was “disturbed” by.

Project labor agreements handicap nonunion contractors who wish to bid on federal projects by imposing burdensome requirements on them. Under a PLA, an open shop contractor could be required to employ workers from union hiring halls, acquire apprentices from union apprentice programs, and require employees to pay union dues. As an example, he cited Nationals Park, which, was built under a PLA. Although it is in Southeast DC, “very few people in southeast Washington”worked on it. As Alford noted, most minority contractors are nonunion.

“The biggest problem with unions is the games they play with these apprenticeship programs,” Alford also said, noting that it can take up to four years for an apprentice to make it to journeyman — without an enforceable guarantee of union membership at the end. (Alford noted that he was only talking about construction unions.)

For more on project labor agreements, see here.

Host Richard Morrison welcomes guest co-hosts Michelle Minton and Lee Doren to Episode 59 of the LibertyWeek podcast. This week we take a detour from the usual format and focus on the upcoming 9/12 March on Washington, where thousands of Americans from across the country will converge on Capitol Hill to protest record levels of government spending and borrowing. The demonstration is about defending our liberty and about restoring our Constitution by reducing the size and scope of the federal government.