Evan Banks

The following is part of a conversation I had with a journalist friend (who shall remain unnamed) on the future of the journalism industry, and the idea of government saving the news, a hot-button topic at this years’ Personal Democracy Forum in New York City. Check out CEI’s own @RichardMorrison and Cato’s @Chris_Moody on Twitter right now for live coverage of that event.

This was my response to my friend’s claim that corporate-funded journalism is just as dangerous as government-funded news:

Well yes, corporate ownership of newspapers does mean that newspapers aren’t as independent as they could (and sometimes should) be. But the same argument applies to government funding. The point is that no matter who is putting up the money (private corporations or the government), the danger is always there that journalists won’t be as hard on the people that pay their bills. But they can be honest about revealing their funding, their bias, and the process of newsmaking, and then let the public decide whether to believe them.

However, I think government funding journalism is more dangerous than big corporations funding it for two main reasons:

  1. By definition, government is a monopoly on the legitimate use of force. If a journalist prints something a big corporation funding their operation didn’t want them printing, the corporation can fire the journalist or remove their funding. If a journalist prints something a government funding their operation didn’t want them printing, the government has the power to lock them up and throw away the key, or worse. Because government can exercise force to do things that corporations can’t (start wars, print money, regulate businesses, lock people up, tax citizens, etc.), government should be kept on a shorter leash by journalists that aren’t paid by the government.
  2. Scope. A corporation has a much more limited set of resources than the government. GE and Comcast might own a stake in NBC right now, and even if that did influence NBC’s coverage of GE and Comcast-related stories, GE and Comcast don’t own, say, CNN or ABC or FOX or the Huffington Post. The other news outlets can cover stories that might hurt one subsidiaries’ funding. But government is big enough to cash in (at tremendous taxpayer expense, mind you) and bail out ALL the news outlets if it wanted to. In fact, bailing out all the news outlets would only be fair, because otherwise the government would be accused of picking winners and skewing public perception. But then there would be no journalism independent from that which gets paid for by Uncle Sam…except maybe for blogs, because you know that bloggers and new media startups won’t see a dime of any bailout money.

The IRS might have a lot of dirt on you…but do they have to be so creepy about it?

The incredibly Orwellian video below has been making the rounds lately, but I thought it would be worth a repost.

What makes this video so chilling for me isn’t the simulated satellite camera feed or the narrator’s synthesized voice, but the notion that the IRS knows the power it has over the taxpayer and openly flaunts it to a degree approaching parody. The truth is, there’s nothing funny about paying taxes. Taxes are an act of force initiated by government against an individual.

If you think about it, there are basically three ways of making money:

(1) It’s given as a gift.

(2) It’s earned by trading a good or sevice.

(3) It’s stolen or taken under threat of force.

Think about what happens if you don’t pay your taxes and then tell me, which method does government use?

…the national debt was zero. Zero!

It was the only day in our nation’s history we’ve been out of the red. With debts incurred during the American Revolution and it’s aftermath, we started $75.4 million in the hole when the debt was first recorded in 1791.

Even adjusted for inflation, $75.4 million is a proverbial drop in the bucket compared to today’s debt, which is projected to be $14.46 trillion, according to whitehouse.gov (.pdf, page 128).  That’s 98.1 percent of the nation’s GDP, and would buy a lot of Hessian mercenaries back in 1791.

Some of OpenMarket.org’s readers may know that I’m in the middle of earning a Master’s of Journalism here in D.C. I’m concentrating in Broadcast and Online Production, and for those concerned that journalism is dying a slow death, I’m living proof that a new generation of journalists are being bred with the Internet in mind–but that’s another story for another day.

As one of the requirements of a Public Affairs Reporting class, I’ve written a piece on last year’s financial crisis specifically exploring the role of the Federal Reserve and the Community Reinvestment Act and attempting to give, in layman’s terms, a reasonable account of what happened that the average person would be able to understand.

I’m a firm believer that one should not have to be a banker to make sense of the financial crisis, and as a journalist I have to concede that news organizations could and should have done a much better job explaining what happened. Unfortunately, it seems that when it comes to explaining things like collateralized debt obligations, credit default swaps and market derivatives it’s far easier to revert to intellectual sloth, blaming greedy investors and “capitalism gone wild.”

I’ve reproduced the piece’s script, which was designed for a radio broadcast, here in its entirety, complete with its anchor introduction and cueing (and yes, all good broadcast reporters write their own introductions). You’ll have to forgive some of the elements of the broadcast style (such as putting a source’s title before their name), but one of the advantages of the format is its clear, concise points and fast pacing. This story would be about five minutes long if it were played on the air. And as a side note, even though I work at a think-tank, I’ve tried to make the piece as politically neutral as possible.

The Financial Crisis Made Easy

Anchor1: The Federal Reserve is coming under closer scrutiny for its actions during last year’s credit crisis.

Anchor2: Experts are also taking a closer look at a law that makes it easier for low-income families to get home loans.

Anchor1: As Evan Banks reports, some are saying that the Fed and the Civil-Rights era law played a major role in last year’s financial crisis, while others blame greedy investors and bankers for the housing bubble.

Federal Reserve Chairman Ben Bernanke may be saying that the recession is over, but there is still much debate over what caused last year’s crisis in the first place.

Some are saying the central bank itself was at the root of the crisis.

Established in 1913 by Woodrow Wilson, the Fed’s duties include monitoring and managing the nation’s money supply and setting interest rates by buying and selling government-backed bonds.

Its end goal is to create and maintain a stable economic setting for private commerce to flourish.

However, economist Steven Horwitz believes that by artificially lowering interest rates after nine-eleven, the Fed overstimulated the housing market.

SOT (stands for sound on tape) (:10) “Look at the banking industry like a traffic light at an intersection. When the lights turns red, banks don’t lend. The Fed, through monetary and fiscal policy, makes all the lights turn green.”

Horwitz says that the only problem with green lights all the time is that eventually it causes a traffic accident.

As more and more people bought homes at low interest rates, home values skyrocketed, creating a housing bubble that burst last year.

The resulting sharp decline in home values was the trigger that brought the nation’s banking system to its knees last fall.

Some say that the Community Reinvestment Act, a law passed in 1977, also contributed to the crisis.

The law is the culmination of an effort to stop discrimination in loans made to low-income individuals and businesses, a practice known as redlining.

However, the Competitive Enterprise Institute’s Michelle Minton says that as the Community Reinvestment Act matured in the mid-nineties, it’s scope and regulatory powers broadened.

SOT (:17) “The Community Reinvestment Act was an attempt to strong arm banks into going against their better judgment and writing loans without thinking about the profit consequence. The game really changed as the feds made CRA compliance a requirement for bank mergers.”

Minton says that the law encouraged banks to make risky loans to individuals that couldn’t pay the money back—individuals the banks would not otherwise have loaned to.

When these high-risk individuals couldn’t pay back their mortgages and the banks repossessed their homes, the entire system came crashing down like a set of dominoes.

With fewer people paying their mortgages and banks unable to re-sell more and more foreclosed houses, property values across the board dropped.

For many homeowners it made increasingly less sense to continue paying off a loan that was higher than their house was worth.

Combine falling home values with so-called ninja loans- loans requiring no proof of income, no job, and little or no down payment on the home, and the recipe was perfect for walk-outs and abandoned homes.

Finally, as a direct result of mortgage revenues drying up, investors and banks across Wall Street that had heavily invested in real estate started going belly-up.

With investments, retirement plans and stocks dropping across the board, the crisis hit home and came full-circle.

Former Chair of the Federal Housing Board Bruce Morrison points a finger directly as these risky lending practices, saying they inevitably lead to defaulting mortgages.

He warns against policy-driven lending:

SOT (:15) “Deciding that risk doesn’t exist because you have an objective is a really bad thing to do, and so we need to learn about risk and how to measure it better than we have and have more honest discussions about which risks we ought to take and who are to take them and who will underwrite them.”

On the other hand, the National Community Reinvestment Coalition’s John Taylor says that it’s silly to blame poor people for bursting the nation’s housing bubble.

Taylor points out that the housing crisis affected everyone, not just the poor and minorities:

SOT (:07) “You’d be surprised at the whiteness of these people. This was not just about minority communities.”

The Federal Reserve’s response to the crisis involved authorizing the Treasury to print large amounts of new money and lowering the interest rate even further.

The Fed also stood behind former President Bush’s Troubled Asset Relief Program, the national plan to bail out banks deemed by the Fed to be “too important to fail.”

Last week Citigroup returned the remainder of unused TARP funding along with its loaned federal monies, making it the last Wall Street bank to exit the program.

Some, though, are still wary of a society that makes liberal use of credit and bailout money.

Stamm Mortgage Management founder Mark Stamm says that he fears a future where contracts and loan obligations are meaningless.

He says that a bailout mentality will cripple the American economic apparatus in the end, perhaps irrecoverably:

SOT (:12) “That’s going to be the biggest bad thing that happens as a result of this. credit cards? You don’t really need to pay ‘em. Mortgages? You don’t really need to pay ‘em.”

Regardless of whether the Community Reinvestment Act, the Federal Reserve, both, or neither was at fault in last year’s financial fiasco, both sides agree that public regulators and private banking firms must be more transparent in their mortgage dealings.

A bill introduced by Texas representative Ron Paul that would audit the Federal Reserve is currently going through a committee and has 317 cosponsors.

Paul’s Federal Reserve Transparency Act of 2009 would allow Congress and the American public to see, for the first time in history, the day-to-day decisions on the Fed’s books.

At this time no efforts are being made to repeal or change the Community Reinvestment Act.

Evan Banks, [news organization here].

Declan McCullagh is reporting that earlier this year the Department of Justice subpoenaed the left-of-center news aggregation site Indymedia.us for information including visitor lists and IPs, then issued a gag order forbidding them to talk about it unless authorized to do so. From CBSNews.com:

The subpoena (PDF) from U.S. Attorney Tim Morrison in Indianapolis demanded “all IP traffic to and from www.indymedia.us” on June 25, 2008. It instructed Clair to “include IP addresses, times, and any other identifying information,” including e-mail addresses, physical addresses, registered accounts, and Indymedia readers’ Social Security Numbers, bank account numbers, credit card numbers, and so on.

This gag order presents a particular problem for any news organization in a nation that prides itself on it’s freedom of the press.

Indeed, McCullagh says that news organizations are entitled to special limiting processes when they are subpoenaed, such as requiring “the express authorization of the attorney general.” Information gained from a subpoena issued to a news organization must also be limited in nature.

Apparently the Department of Justice isn’t at liberty to say why the subpoena was issued, although the demand request was retracted after the Electronic Frontier Foundation caught wind of the situation via an Indymedia server administrator and offered to represent the organization free-of-charge. The Attorney General’s office reportedly has no knowledge of the request. Naturally.

One of the most popular logical fallacies I’ve encountered has been a heavy reliance on what I’ve come to call argumentum ad governmentum.

Relying on government to fight our ideological battles for us is a shaky means of convincing others to see things our way by arguing for majority standards and controls over minority beliefs. At its worst, argumentum ad governmentum is a way of getting others to act and think the way we would like them to by using a collective force of will to persuade local and central governments to exercise force against others on our behalf.

Unfortunately, utilizing government and legislative force as a value-laden battering ram will never win over hearts and minds to a cause, no matter how noble or praiseworthy we may think it is. Valid arguments are rational, logical, coherent, and do not rely on the use of force to prove a point. When you have won an opponent over by the weight of your argument and the prowess of your deductive reasoning, you have made an ally. When you merely force them to unwillingly bend to a system that claims their best interest in your name, you have made a slave.

As the philosophy of liberty says, this technique is sophomoric, and lacks any kind of deep thinking, rhetorical ingenuity, or honest discussion. From the video: “Using governmental force to impose a vision on others is intellectual sloth and usually results in unintended, perverse consequences…achieving a free society requires courage to think, to talk, and to act.”

In Michelle Minton’s recent post recapping the events of last weekend’s D.C. Tea Party, she cites a conversation with a protester who was reluctant to allow limits on government interference in the lives of those who may not hold the same set of principles that she did. Michelle writes:

“Then I tried explaining that if she truly wanted government to stay out of her life and protect her liberty, she would have to extend the same principle to her neighbors—even if she didn’t like what they chose to do with their own lives. She wasn’t listening to me anymore though, she wasn’t interested.

The problem is, of course, that we have to be interested when government takes liberties with others’ inviolable rights, even if we don’t agree with their values. H. L. Mencken, who was a journalist, editor, and critic of 20th century American life, once remarked that “The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.

Judging from some of the signage regarding several of the Obama administration’s policies I saw at the Tea Party last Saturday, conservatives are learning rather painfully that argumentum ad governmentum is a two-way street: If one side of the social debate capitulates and stoops to asking the government to initiate force on their behalf, you’d better believe the other side will follow suit when they have the opportunity to do so.

The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking are also the most strident advocates for the necessity of broadband’s total market saturation, even to the point of calling on benevolent old Uncle Sam to subsidize broadband deployment nationwide.

Consumer advocacy groups and even some telecom companies are lining up at the FCC’s door with petitions in hand and supplicant requests on their lips, claiming that access to broadband is a basic public necessity and should be meticulously regulated as such, right here and right now.

These groups would liken anything less than a National Rollout Plan to living in some myopic Digital Stone Age in which subhumans scratch tribal patterns on silicon with primitive tools and the harsh tonal anecdotes of 56K modems whisper sweet nothings to bended ears throughout the land; a place where bandwidth is hoarded by rich and powerful chieftains who deign the Luddite, unwashed masses unworthy of worshipping at the sacred altar of port 80.

Actual statistics, and our own experiences, tell a different story.

Keep in mind that increased market penetration won’t necessarily make broadband more affordable. In fact, companies looking to recoup diminishing marginal returns that arise from providing access to areas that would otherwise be off the grid could justify raising rates across the board. In other words, if the feds help or force ISPs to lay fiber to Farmer Wallis’ homestead in rural America but Wallis declines service because he has no need for high-def streaming video, hardcore online gaming, or P2P networks and doesn’t want to pay for a fat pipe, we all could end up paying the difference in our monthly rates.

We should consider the future nature of broadband as well. Emerging technologies such as LTE and satellite service will undoubtedly make mind-numbingly fast and reliable wireless broadband a reality in the next decade, and then we’ll look rather silly with all our subsidized fiber and cable, won’t we?

The Federal Trade Commission seems to think so. A fresh set of proposed Federal Trade Commission guidelines, if approved this summer, would potentially allow the agency to police the relationship between bloggers and advertisers, forcing bloggers to disclose any revenue, gifts, or freebies they have received for publishing consumer reviews of goods and services. These guidelines mark the FTC’s first systemic foray into regulating the blogosphere, a Herculean task if ever there was one. An example, excerpted from the aforementioned guidelines:

Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or “blog” where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past, the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes a favorable review. The readers of his blog are unlikely to expect that he has received the video game system free of charge in exchange for his review of the product, and given the value of the video game system, this fact would likely materially affect the credibility they attach to his endorsement. Accordingly, the blogger should clearly and conspicuously disclose that he received the gaming system free of charge.

As you can see, the proposed guidelines target bloggers who are paid in hard-money and soft-money (free demo copies of products, etc.) compensation to blog on certain topics by sponsors, which are connected to the bloggers through media advertising companies such as Pay Per Post. Bloggers critical of sponsored “monetized blogging,” such as those at TechCrunch, label the phenomenon an online version of radio payola, and BusinessWeek goes as far as saying that sponsored blogging is “Polluting the Blogosphere.” Enter the FTC to save the day, right?

Well, the blogging community has historically defied traditional regulation (which helps explain why its growth was so explosive), and according to this AP article, “Bloggers complain that with FTC oversight, they’d be too worried about innocent posts getting them in trouble, and they say they might simply quit or post less frequently.” I would add that these are not “complaints” but rather legitimate concerns about overly heavy-handed federal retribution towards the very people we have to thank for the blogging revolution in the first place. Marketers have additionally voiced similar concerns.

This move could potentially spell bad news for the blogging community, which up until now has enjoyed a measure of immunity from the regulatory standards imposed on traditional news outlets. But as the line between professional journalism and independent reportage begins to blur, increasing numbers of voices in the blogosphere have been calling for more uniform disclosure agreements among themselves. And seeing as how the general blogging community is generally suspicious of itself and especially wary of posters who accept compensation for their work, the system will generally work to scrutinize, discredit, and stigmatize bloggers that choose to accept compensation for reviews without a prominent disclosure statement. Since policing the series of tubes for nondisclosure would be akin to trying to catch a waterfall in a paper cup – a daunting task even for Big Brother – perhaps self-mediated blogger honesty and transparency may be, in fact, the best policy.

H.R. 2854, a proposed bill making its way through committees, would require the Treasury Secretary to give the greenback a makeover. The bill aims to replace the Great Seal of the United States (which Franklin Delano Roosevelt incorporated in 1935) on the reverse of the dollar with excerpts from the U.S. Constitution including the preamble, a list of Articles, and a list of Amendments in the founding document. The bill, cited as the “Liberty Bill Act,” states that Congress believes that “many Americans are unaware of the provisions of the Constitution of the United States” and that the proposed new Federal Reserve notes would “remind the American people of the historical importance of the Constitution and its impact on their lives” and “remind Americans of the blessings of liberty. . .[and] of the framework of the United States government.”

Granted, I don’t consider myself an average citizen, but I personally carry a copy of the Constitution and the Bill of Rights with me to remind myself of the limits our forefathers placed on governmental power — limits which have secured to our nation the trappings of liberty and prosperity throughout the years. Undoubtedly it would be a good thing to see more people knowledgeable and well-versed in the basic principles of the founding documents of our country. There is a great and weighty irony, however, in printing portions of this document on Federal Reserve Notes, an institution which, according to some experts, is nowhere to be found in the Constitution.

I am reminded of George Orwell’s Animal Farm when I hear of proposed bills such as this one. You’ll perhaps remember the Seven Commandments which were written on the barn wall by Napoleon and Co. “in great white letters that could be read thirty yards away,” which constituted “an unalterable law by which all the animals on Animal Farm must live for ever after”:

1. Whatever goes upon two legs is an enemy.

2. Whatever goes upon four legs, or has wings, is a friend.

3. No animal shall wear clothes.

4. No animal shall sleep in a bed.

5. No animal shall drink alcohol.

6. No animal shall kill any other animal.

7. All animals are equal.

As anyone who has read the story knows, in the following pages the pigs go on to pervert, circumscribe, and later rescind every Commandment save one in the aforementioned list, concluding infamously and chillingly with the line “All animals are equal, but some animals are more equal than others.” Perhaps what is most troubling about this downward spiral, however, are the other animals’ reactions toward the pigs’ alterations, or rather their lackadaisical compliance to the pigs’ demands. Time and time again we are told that “somehow or another” the animals had forgotten that the pigs’ alterations to the Commandments had been there “all along,” or that it “did not seem strange” as the treacherous pigs increasingly take on the physical and amoral qualities of their former human masters.

Public display of the Commandments did nothing to halt or slow their eventual corruption. In fact, by turning them into a mantra (the sheep were especially fond of commandments one and two, but in the end fell to the pigs’ twisted influence all the same), Napoleon and Squealer were able to warp their meaning to the point at which the Commandments were used against the impressionable animals. Putting the Commandments on stage served as an accelerant to this end; the crafty swine knew that under constant public scrutiny what was once absolute would become slippery, then give way altogether and fall into a morass of meaningless impotence. Orwell himself cautioned in Politics and the English Language that “. . .if thought corrupts language, language can also corrupt thought.”

Too often in politics the meaning of words become liquid campaign slogans, transformed by gilded tongues into passionate promises and adamant assertions, or they are primed and charged with so many attached packets of meaning that the original meaning of the word stands as a hollow husk of what it once signified. By this process words become labels, and labels in turn become a little less than zeitgeist on the backs of transfixed ideologues.

As Friedrich Hayek put it in The Road to Serfdom:

The most effective way of making people accept the validity of the values they are to serve is to persuade them that they are really the same as those which they. . .have always held, but which were not properly understood or recognized before. And the most efficient technique to this end is to use the old words but change their meaning. Few traits of totalitarian regimes are at the same time so confusing to the superficial observer and yet so characteristic of the whole intellectual climate as the complete perversion of language, the change of meaning of the words by which the ideals of the new regimes are expressed.

Indeed, we must proceed with caution on this ground, or not at all. Rubber-stamping our money with the likeness of our most cherished pact between citizenry and government may make one set of papers more important, but it could render another set impotent as well.

On the other hoof, Congress has a point, I think, in stating that many Americans are unaware of the meaning and importance of the Constitution. I’m just not sure that the back of an inflated, central-bank issued fiat currency is the appropriate medium for learning about limited government.

What do you think? Would this bill profane one of the greatest foundations of our liberty by opening it up to the liquefying subversion of linguistic politics? Or will it actually serve to educate and remind people of the limits of government at a time when limited government is so badly needed?

The “smokes” may be different, but the Food and Drug Administration’s ever-vigilant watch to keep us safe from ourselves in its quest to quantify and purge all health risks from society continues. Their latest target? Smokeless cigarettes, or so called “E-cigarettes.”

The devices in question utilize an atomizer to vaporize a nicotine and propylene glycol (a substance commonly found in fog machines) solution that the user inhales and exhales as a vapor. Since there’s no tobacco, combustion, smoke, or smell involved, savvy individuals have taken advantage of the devices, which can be bought online or in mall kiosks here in the States, to get around heavy taxes on tobacco products and stringent smoking bans in public places.

But that hasn’t stopped the FDA, which as of this writing has “refused [the importation of] 17 shipments of various brands of these ‘electronic’ cigarettes, cigars, and pipes, and their components,” on the basis that the devices are drugs and as such need regulatory approval before being marketed in the US.

Even without the FDA’s newly-gained jurisdiction over tobacco products (though clearly e-cigs aren’t tobacco products), the Administration already had the authority to regulate drugs containing nicotine (such as patches, sprays, inhalers, or gum) that are designed to help users kick the habit.

All this recent buzz about e-cigarettes seems to have come from a front-page article in the June 1 New York Times, in which the director of the Nicotine Dependence Center at the Mayo Clinic stated that “We basically don’t know anything about them. They’ve never been tested for safety or efficacy to help people stop smoking,” despite this Health New Zealand safety report on Ruyan e-cigarettes, the Chinese product on which U.S.-imported versions are based, and the fact that the FDA has approved of nicotine for use in various and sundry quitting aids (some of them inhalant-based). As for propylene glycol, the substance is already generally considered by the FDA to be safe for consumption. From the FDA’s report:

“Propylene glycol is metabolized by animals and can be used as a carbohydrate source. Propylene glycol can be ingested over long periods of time and in substantial quantities (up to 5 percent of the total food intake) without causing frank toxic effects.”

If the FDA were to succeed in banning or restricting e-cigarettes, which are already illegal to sell in Australia and Hong Kong, the potential health risks to American smokers looking for a tar-free and less offensive cigarette alternative would be enormous.