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Police Caught Framing Open Carry Activist at DUI Checkpoint

Posted on September 22, 2016 in Gun Rights, Liberator Online, News You Can Use by Alice Salles Comments are off
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Police Caught Framing Open Carry Activist at DUI Checkpoint

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

As America discusses yet another deadly police shooting, the name Terence Crutcher becomes a “viral” hashtag. And as many argue that yet another hashtag won’t make a dent in helping to put an end to the systemic violence associated with law enforcement, Washington Post’s Radley Balko continues to report on all kinds of police abuse cases, bringing certain stories to light that seldom get any air time due to their less than dramatic developments.

open carry

According to Balko, the American Civil Liberties Union (ACLU) of Connecticut filed a lawsuit against the local police on behalf of Michael Picard, an open carry gun rights activist.

Picard was targeted by the local police while he was protesting a DUI checkpoint in September of 2015. He positioned himself ahead of the checkpoint, holding up a sign that read “cops ahead, remain silent.”

ACLU of Connecticut Legal Director Dan Barrett explained that, as soon as the police was made aware of Picard’s silent and legal protest, state officers working the checkpoint approached the protester and proceeded to slap the camera out of his hand. As the officer carries on, believing the camera had been broken, Picard is searched.

As an open carry activist, Picard had been carrying a gun in plain sight all along, making it easy for officers to find it immediately. Nevertheless, the officer in question announces he found a gun as loud as possible. As the officers check his permit and run a check on his records, Picard picks up his camera, prompting the officer to say “taking my picture is illegal.”

Nonsense, Barett says.

As Picard debates the officer over his constitutional rights, the officer “snatches” the camera from Picard’s hands and places it on top of the police cruiser.

Thankfully, the camera was still recording.

What happens next is why Picard is now suing the Connecticut police.

According to the footage, three troopers are caught talking about what they should do next. As they see Picard’s permit is valid, they say “oh crap. … we gotta punch a number on this guy.” Meaning they should “open an investigation in the police database.” The officer then says, “we really gotta cover our a*ses.”

They proceed, discussing what to do about Picard without facts to back their story. During at least eight minutes, they attempt to get to a conclusion as to how better they will “cover their” butts.

At no time, Balko explains, did the cops think of giving Picard his camera back and telling him he was free to go.

Toward the end of this ordeal, the officers get to the conclusion of charging Picard with two criminal infractions: “reckless use of a highway by a pedestrian,” and “creating a public disturbance.”

Thanks to Picard’s camera, we know the officers discuss how to support the public disturbance charge until a supervisor comes up with a plan.

“What we say,” he tells the other officers, “is that multiple motorists stopped to complain about a guy waving a gun around, but none of them wanted to stop and make a statement.”

After filing a complaint that led to nowhere, the ACLU took on the case.

Regardless of where Americans stand on gun rights or law enforcement, Picard’s right to protest the checkpoint in peace while carrying a weapon should always be upheld.

The same way pulling over and reaching out to the police with your arms raised should not give officers an excuse to practice target shooting over your helpless body.

Surprise! Black Families Love Choice, Too

Posted on September 20, 2016 in Education, Liberator Online, News You Can Use by Alice Salles Comments are off
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Surprise! Black Families Love Choice, Too

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

In case you were wondering, school choice is popular. Especially among those who need it most.

choiceAccording to a survey released by North Carolina’s Opportunity Scholarship Program, 56 percent of local black voters favor public charter schools, while only 24 percent oppose them. At least 59 percent of those who participated also claimed that they support the expansion of the state’s Opportunity Scholarship Program. Twenty-three percent do not want to see the program’s expansion.

Traditional schools, which are burdened with the heavy weight of union-backed demands, often tend to perform poorly, especially when compared to the majority of charter schools and other institutions that are not government-run.

In The Origins of the Public School, Austrian economist Robert P. Murphy explains that traditional schools became widely popular once “inefficient ‘firms’” sought to influence public school leadership in order to “hinder competitors.”

Murphy notes that this incident is “common to all expansions of state power.” Adding that the defense of standardization of curricula and centralization of “the disbursement of public funds” toward public schooling originally came from those who “would benefit financially from such policies,” including trade unions, he argues that protectionism—not education—is what drives teachers to unionize and burden school systems with their demands, sacrificing productivity for wages.

By becoming closer to the business of policymaking, teachers unions saw the removal of children from the labor market and the elimination of potential competition in the education industry as the only way to secure their position. By targeting poorer families who could not afford to put their children in private institutions, these groups succeeded greatly, demanding government to have more influence in the education of American children.

Murphy continues:

The Protestant schools were losing ‘market share’, and turned to government to pad their budgets and restrict the actions of their chief competitors, the Catholic schools. In other arenas, people can quickly see through such self-interested ‘altruism’. When a corporation clamors for an import restriction on foreign competition, most observers agree that it is acting to increase its own profits, not to protect the public from ‘dumping’. Why then do most people accept at face value the humanitarian justifications offered by the advocates of state education when such a bureaucracy confers immense wealth and power in the hands of an elite?

The idea of school choice is often attacked by groups claiming to speak on behalf of the oppressed and undereducated, and yet evidence shows that choice is what makes it possible for families in underprivileged situations to achieve greatness.

Whether you agree or not about the amplification of school choice through the charter or voucher systems, the fact minorities are benefiting from the addition of private elements to the schooling system is important. Unlike prohibitionists, families who struggle to provide their children with proper education see value in school choice because they live it.

If the education business hadn’t become a government business, choice would be the norm. Until freedom is restored in full, let’s celebrate those who have discovered—on their own—that freedom is always the best choice.

What Would It Take To Make You Leave Everything Behind?

Posted on September 14, 2016 in From Me To You, Liberator Online, Personal Liberty, Property Rights by Brett Bittner Comments are off
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What Would It Take To Make You Leave Everything Behind?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The actions that could lead one to leave everything behind is the central theme discussed by Oliver Stone’s newest film, “Snowden.”

Framed by the June 2013 release of information to journalists Glenn Greenwald and Ewan MacAskill, along with documentary filmmaker Laura Poitras, the film takes us on a course of a young man enlisting in the Army Reserves, being discharged after an injury, and moving on to a series of information security positions both inside and contracted by the CIA and the NSA.

LeavePrior to the screening, a special message from Oliver Stone spoke to the danger to privacy that our smartphones create, a theme made quite prominent in the film. Stylistically, Stone really drives home the point by including the privacy invasion in his directorial vision to depict the dragnet being run on the entire world by the American government.

Those of us who know the story of the whistleblower/dissident/patriot/traitor will appreciate the way in which the film chronicles his journey through the CIA, as an NSA contractor, and finally, as the person who exposed the extent to which the American government collects data both domestically and abroad. More importantly, the story will offer those who aren’t as aware of what occurred a dramatic look at his story, especially the “why” behind his actions to expose the federal government’s actions.

A theme present throughout the film was about how the surveillance and data collection did not present as a means to safety or security, rather an opportunity to exert control, both economically and socially. Whether in his time in Geneva in the CIA, or as a contractor for any of the other alphabet agencies, the use (and misuse) of access and authority passed by legislation exemplifies the danger of giving authority over from one’s self to another.

Ultimately, the connections we make with others when we communicate our thoughts, actions, and even our deepest secrets are what can be held against us, should the time come that we are to be a pawn. The merging and sharing we do make us feeling, connected, empathetic human beings. We crave the attention, as well as to give it.

In real life, Snowden exposed that we, through our lives, thoughts, and actions, are simply sitting in a database somewhere in a rack inside a data center, waiting to be looked at, manipulated, and controlled. In the film, Stone helps explain that to an audience that may not understand the full extent that exposure affects us all, whether libertarian, conservative, liberal, centrist, or even authoritarian.

Good Cop Fails to Kill Innocent Man, Gets Fired

Posted on September 12, 2016 in Capital Punishment, Criminal Justice, Issues, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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Good Cop Fails to Kill Innocent Man, Gets Fired

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Police abuse is a real issue. Not because all police officers are corrupt, but because government institutions and its members respond to incentives. Just like us.

If an officer is given blanket authority to act only with his best interest in mind while under the guise of public security, personal responsibility is no longer part of the job. Without personal responsibility at play, individuals are no longer worried about the consequences of their actions.

Police CarWhile the cases of misbehavior among officers are often more popular in the media, cases of officers actually acting responsibly seldom make it to the front pages. But a story on The Washington Post has just changed this picture.

According to the publication, the police chief in Weirton, West Virginia has fired an officer for not killing someone.

The report originally comes from the Pittsburgh Post-Gazette. And according to the original news story, the incident that led to the officer’s employment termination happened on May 6th.

Then-Weirton police officer Stephen Mader was called to respond to a domestic incident. While attempting to handle the situation responsibly, Mader found that the man he was confronting was armed. Mader, who had been trained as a Marine, made the decision to look at the “whole person” in order to decide what to do next. Instead of shooting, Mader decided to use a calmer tone, noticing that the armed man was not pointing his gun at him.

The officer then proceeded to ask the man to put his gun down, but instead of doing so, the man answered by saying: “Just shoot me.” When the officer said “I am not going to shoot you, brother,” the man started flicking his wrist. According to the officer, he thinks he did that to get him to react.

He knew then that the man didn’t want to hurt anyone. Instead, he wanted to commit suicide.

When responding to the call, Mader learned that the man’s girlfriend had reached to the police, claiming that the man was attempting to kill himself.

According to Radley Balko, the writer of the Washington Post article, Mader’s reaction was “a lot braver course of action than simply opening fire when the suspect doesn’t immediately disarm.” When in crisis, he added, this is the type of attitude you expect to see coming from an officer. The trigger-happy trend, after all, is not the type of attitude that comes from a person who is thinking about the consequences of their actions.

In his article, Balko stated that what Mader did is exactly the type of work officers claim to experience on a daily basis: Putting their lives in danger to save lives.

And yet, as Mader was handling the situation safely, two other officers showed up at the scene, and ended up shooting the man dead as a result.

After the tragic killing, officers found that the victim’s gun wasn’t loaded. And while officers were not able to know that for a fact before the shooting, it proved that Mader had done the right thing by using what he learned from his training. The victim hadn’t been a threat to anybody, except himself. The situation Mader encountered was, indeed, a suicide-by-cop situation, but instead of following Mader’s lead, the other officers didn’t think twice before putting an end to the man’s life.

Once it was all said and done, the Weirton police department put an investigator to look into the shooting. According to Mader, when he tried to return to work on May 17 after following protocol and taking some time off due to his involvement in the shooting, he was asked to talk to Weirton Police Chief Rob Alexander. But instead of being honored for his efforts, Alexander told him that he would be placed on administrative leave.

The reason why? He had put two other officers in danger, despite the fact that he had assessed the situation correctly, unlike his colleagues.

On June 7, he received a termination letter that stated that the fact he had failed to shoot the victim meant he had “failed to eliminate a threat.” That was why he was being let go.

Unfortunately for Mader, he won’t be getting his pension, even though he didn’t hurt anybody. Meanwhile, countless others who are under investigation for actually killing innocents continue to receive their pensions, even after being dismissed from the force.

After looking for legal help, he noticed that his fight against the city wouldn’t produce any desirable outcomes, since he was a probationary employe in an “at-will” state, meaning that he could be fired for any given reason.

While many officers who are considered “bad apples” are able to quickly find work at other agencies, Mader hasn’t been able to find employment in his area. The Afghanistan veteran has two small sons and is now studying to get a commercial truck driving license to support his family. He told reporters that he would still take a job in law enforcement, the problem is that nobody seems to want to hire him. ​

Former Felons Could Benefit from Free Markets Too

Posted on September 6, 2016 in Business and Economy, Criminal Justice, Economic Liberty, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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Former Inmates Could Benefit from Free Markets Too

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

For too many former convicts, life after prison is hard. Oftentimes, quite impossible. That’s why most of those who are given a second chance end up going back to jail.

But to this 35-year-old, his second chance came in the form of a local restaurant manager who was not scared of government’s formal tagging of felons.

Applebee'sAfter his release in 2011, Marcellus Benbow was struggling to find a job. He told reporters that, at the time, he was doing odd jobs, hoping to avoid going back to a life of crime while looking for a full-time opportunity. As he struggled to find a steady occupation in order to gain custody of his two oldest daughters, he also found no sympathy from potential employers.

That all changed when he answered an ad on Craigslist.

As soon as he met with the general manager at Apple-Metro, the New York franchisee of Applebee’s, both men hit off. That was it. Benbow had finally scored full-time employment with the company as a broiler cook.

“Applebee’s saved my life,” he said.

Now, Benbow is an assistant kitchen manager at Applebee’s Fordham Road location in the Bronx. He could soon be getting a promotion, taking the role of kitchen manager. He was lucky that his current employer was not afraid of his past, but many in his position aren’t as lucky.

In America, felons are required to disclose whether they have spent time in jail. But even if they don’t disclose this information, background checks help potential employers learn more. In many cases, non-violent felons are seen as a threat by employers who prefer to hire someone else, spurring a wave of discrimination suits against business owners.

The result is quite concerning.

The estimated unemployment rates among ex-prisoners are between 25 and 40 percent, despite the federal incentives some get by hiring felons. But laws that have helped to create so many non-violent criminals are still in effect. Instead of urging Congress to review some of these laws, namely the drug war and other pieces of legislation such as the Violence Against Women Act, many advocates for equal employment opportunities blame companies alone for their refusal to hire felons.

Recently, the often feared tycoons known as the Koch brothers announced they would stop asking potential employees about their criminal record. According to Koch Industries’ general counsel, Mark Holden, and Charles Koch, the decision came about after leadership noticed that overcriminalization had been affecting “us all but most profoundly harms our disadvantaged citizens.”

At the time of the announcement, both men penned an op-ed that asked the question: “If ex-offenders can’t get a job, education or housing, how can we possibly expect them to have a productive life?”

Instead of forcing employers to change, advocates could see a real change in the country’s employment environment by just pushing Washington to focus on real criminal justice reform.

Drug War: CO Residents Treated as Criminals in Neighboring States

Posted on September 5, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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Drug War: CO Residents Treated as Criminals in Neighboring States

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Colorado was the first state in the nation to legalize recreational marijuana. But while freer drug markets have also helped to boost other aspects of Colorado’s economy, issues associated with other state-run agencies were never fully addressed, mainly how law enforcement’s long-lasting love affair with targeting drug users and dealers hasn’t really changed.

Traffic StopEver since recreational marijuana was made legal, Tech Dirt reports, law enforcement agencies in neighboring states inched closer, considering any road coming out of Colorado a “drug corridor.”

Due to this approach to drug-related law enforcement, several unconstitutional stops and seizures have been taking place at the borders surrounding Colorado.

Recently, one of the incidents in which out of state officers attempted to send innocent travelers to jail turned sour—for the Kansas police.

The Tenth Circuit Court of Appeals ruled that a traffic stop carried out in Kansas was unconstitutional because the driver involved did not commit a crime by traveling from a state where marijuana is legal. After all, Tech Dirt adds, “it isn’t against the law to conspire to perform an act that is legal in another state.”

The incident that prompted the court’s decision involves Peter Vasquez. Originally, Kansas Highway Patrol officers claimed they pulled him over because his vehicle’s temporary tag was unreadable. But moments after his tag was verified, officers launched an expedition to find out whether the Colorado resident had any illegal substances in his vehicle.

While Vasquez was in the car, one of the officers told the second agent that Vasquez was “notably nervous,” urging the officer to “get a feel for him” to see “how nervous” he was. Once the second Kansas officer returned, he allegedly said Vasquez was “scared to death.” After checking Vasquez’s insurance and noticing he had added two new cars to his policy, one of the officers assumed Vasquez had been transporting illegal drugs. That’s when the K-9 unit was called.

During a quick interrogation, officers learned Vasquez owned a boutique, and that the newer car he had bought was given to his girlfriend. Once Vasquez told the officers he was moving to Maryland, they urged the driver to disclose the location of his belongings. Vasquez answered that he had already moved most of his belongings.

After issuing Vasquez a warning, officers continued to pressure him to give them consent to search the vehicle. But the attempts were fruitless. As a result, the officers decided to consider his stand was enough to prove Vasquez had something to hide.

Because one of the officers believed Vasquez was “probably involved in a little criminal activity,” they arrested him.

Once the dog was summoned, it failed to bark at anything in the vehicle. Nevertheless, cops went further, searching the vehicle on their own anyway. They also found nothing.

After the ordeal was finally over, Vasquez sued the Kansas Highway Patrol officers over their illegal search.

In their defense, officers involved claimed that the fact Vasquez was driving alone at night in a “known drug corridor” made him a suspect of taking part in illegal drug activities. Officers also claimed that, the fact Vasquez’s back seat “did not contain items” the law enforcement duo expected to see “in the car of someone moving across the country,” and the fact he seemed nervous, where all reasons for them to arrest him.

Thankfully for Vasquez, the judge ruled the officers’ conduct unreasonable and unconstitutional.

While this is a victory for this one individual, it’s disturbing to learn that law enforcement agencies see residents of a state where marijuana is legal as “instant criminals.”

When looking for what the drug war has accomplished over the years, look no further. Officers now consider anyone from Colorado a potential suspect. Even if drugs aren’t involved. That, and that alone, is what the drug war has produced.

Oakland Officers Fail to Find Suspect Through Surveillance so Feds Step In—All Without a Warrant

Posted on August 30, 2016 in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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Oakland Officers Fail to Find Suspect Through Surveillance so Feds Step In—All Without a Warrant

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In Oakland, California, feds were caught helping local police departments to spy on suspects without warrants. And in at least one instance, the individual targeted, Purvis Ellis, wasn’t even the main suspect in the murder case that led to his capture.

OaklandAccording to Tech Dirt, court documents obtained by Ars Technica show that the Oakland Police Department used stingray technology without seeking a warrant first against Ellis in 2013. The use of the device was deployed in order to catch the suspect who had been associated with the attempted murder of officer Eric Karsserboom.

According to the American Civil Liberties Union (ACLU), stingrays “are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information.”

Oakland police attempted to use an older version of the device in 2013 to find one of the suspects in the attempted killing of a police officer, but officials were unsuccessful. They then reached out to the Federal Bureau of Investigation (FBI), asking federal agents to step in. Promptly after, FBI officials were able to locate the suspect using a more advanced stingray technology.

But despite the successful operation, state and federal officers failed to follow the constitution, ignoring the need for a warrant.

During the suspect’s trial, both the FBI and the Oakland PD stated that they didn’t need to obtain a warrant at the time due to “exigent circumstances.” In the FBI case, officials also claim the warrant requirement was not in place at the time of the operation, making the evidence obtained through surveillance tactics less likely to be tossed by a judge.

Nevertheless, news sources were finally able to report on this story since the judge presiding over the suspect’s prosecution ordered the government to submit detailed information on how Ellis was located. But despite the commotion surrounding Ellis, he has not been accused of actually shooting the officer, prompting privacy advocates to wonder whether the police has used the same surveillance tactics in other similar cases, targeting individuals who have not been accused of a crime and going to the lengths both the FBI and the Oakland PD went to keep this a secret.

Two years after the 2013 incident, the Oakland Police Department tried to secure a grant from the Department of Homeland Security in order to upgrade their stingray technology, suggesting that local police had been invested in this type of surveillance tactics long after the Ellis case. The technology local officials had at the time was unable to locate the suspect, but the latest system used by the FBI got the job done pretty quickly.

But details regarding why the suspect was targeted and why only his phone was intercepted were never revealed. All we know up until now is that two law enforcement agencies suspended the potential suspect’s rights to privacy, even as they knew that he hadn’t shot the officer.

Whether Ellis was directly involved in the attempted murder remains a mystery. But what should also be addressed in this case is the fact that individuals who haven’t been formally accused of a crime nor charged are being targeted by both local and federal law enforcement agents who continue to ignore the unconstitutionality of their actions.

States have been pushing their own anti-federal surveillance laws as the nullification movement initiated by groups like the Tenth Amendment Center gains more ground. But the American individual’s privacy rights won’t be truly upheld until federal agencies have been stripped of their surveillance powers.

Drug War Makes Criminals Out of California Physicians

Posted on August 29, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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Drug War Makes Criminals Out of California Physicians

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To those who are born and raised in the City of Angeles, stories of violence set in motion due to poorly written drug and health-related laws aren’t particularly unique.

PillsOver the decades, Southern California has been in the news over instances of police brutality against minorities, wrongful killings by the police, deadly gang fights, and police union scandals. Los Angeles has also been the backdrop of countless gangster rap songs and videos, as well as the actual setting of several real life criminal conspiracies, so it’s not a surprise that even physicians are now being arrested for working directly with drug gangs.

According to a local NBC affiliate, two doctors working out of the Lynnwood area in South Los Angeles were arrested and charged for selling prescription drugs “without medical purpose.” The two physicians surrendered to federal authorities this past Friday and were later released on bond after appearing on court.

They were allegedly linked to gang members who were also arrested on the same day.

The United States Attorney’s Office’s Central District of California claimed that both physicians were “significant suppliers of drugs to a street gang.” Some of the drugs they allegedly helped gang members obtain include Vicodin, which is also known as Norco, Xanax, and Soma. The opioids, psychoactive, and barbiturate-like drugs were all prescribed “at or near maximum strength,” the report states.

One of the charged physicians was allegedly involved in these transactions between 2011 and 2015. The second doctor was accused of signing purposeless prescriptions in 2014 and 2015.

While the operation that led detectives to the gang members associated with the Lynwood doctors targeted East Coast Crips involved in California burglaries, officers looked into the relationship between the physicians and gangsters after learning that both doctors “served as large-scale sources of supply to [gang] members and associates.”

The doctors were allegedly caught after a series of undercover operations, meaning that officers or cooperating witnesses approached both physicians asking for these prescriptions. In most cases, officials stated, doctors failed to examine patients.

As the nation goes through one of its toughest drug epidemics in history, putting countless of drug users and addicts in morgues over tainted batches of opioids, stories like these remind us that, if there’s a market, even if the demand is for something considered illegal, there will always be someone willing to break the rules. Why? Because financial incentives often push otherwise decent people into breaking the law.

Even gang members are drawn into a life of crime over the promise of high turnouts for little work, even if the risks are also high. They might have never wanted to be part of a criminal gang, but when faced with the decision of becoming rich fast—even if it’s just a promise—they change their minds.

In a free society, these incentives also exist, but without prohibition, addicts and those who provide them with their drug of choice have freedom to do so in a peaceful manner. In the black market sprung out of prohibition, gangs use force to maintain contracts and fight over territory. They are also not worried about branding, making it easy for them to set morals aside to produce bad batches of whatever drug customers are after. In a free market setting, the opposite is true.

Also, addicts are more likely to be safe in an environment where drug consumers aren’t stigmatized. In a free society untainted by prohibitionist laws, drug users are more likely to look for help. Under the current laws, addicts are often afraid of being arrested—for a good reason. This fear pushes them deeper into their addiction, and the consequences are often deadly since they often become dealers themselves to sustain their habit.

Compassion can only exist in a society where people are free to develop their own sets of values. When forced upon us, morals are ignored. But when all we have is freedom, consumers and their welfare hold the key to good business practices.

Why make criminals out of inner city kids and doctors when you can put an end to the drug war?​

In the Nation’s Capital, Drinking in Large Groups Can Get You Fined

Posted on August 24, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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In the Nation’s Capital, Drinking in Large Groups Can Get You Fined

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Busybodies are always trying to figure out a way to control our lives in ways never seen before. In Washington, DC, the obsession is turning into a mental health epidemic—among bureaucrats and their supporters only.

DrinkingAccording to Watchdog.org, DC has decided to target groups that organize pub crawls. Because drinking in large groups is apparently dangerous.

Claiming to have safety in mind following a host of different pub crawls organized in the city this past year, DC officials are targeting these same pub crawl organizations, saying that bringing large groups of tourists to local restaurants and pubs to boost the local economy is just too much.

Instead of letting the community benefit from tourism, DC officials want fewer groups to organize pub crawls in the region, forcing gatherings of over 200 people to register with the city before hitting the town. These groups have to pay officials $500 for the privilege of getting an OK from the local government to operate, and organizers must also have a security plan set up. Oh, and never mind the holidays! DC will not give you an OK to operate for those sacred drinking dates.

According to Reason, the new rules also dictate ho pub crawls can be advertised, forcing organizers to add a warning saying “you must be 21 or older to participate” on every piece of pub crawl marketing material. Organizers must also add a line encouraging the use of public transportation.

But before this debacle took place and the city decided to “take action,” organizers were simply required to submit a registration. With the new requirements in place, the number of organized pub crawls in the nation’s capital is already starting to drop.

But despite the criticism, DC officials seem focused on letting this new set of rules stay in place. Even if that means local businesses will hurt as a result.

According to Watchdog.org, new impositions have created another set of problems, especially if government officials find an issue with you and your buddies participating in unregulated or unlawful pub crawls. Restaurants and pubs that aid unregulated groups under the new rules could be fined.

To Jon Gabel, an executive with event organizing company Joonbug Productions, the city’s new rules could hurt local businesses by both keeping people away and forcing restaurants to turn down customers.

He told the Washington City Paper that his pub crawls saved their lives in several occasions. A local restaurant manager agreed, saying that the new rules are “definitely going to impact a lot of businesses.”

In DC, large pub crawls have been part of the scene for several years, but it was only during 2015’s Halloween pub crawl that residents and law enforcement began to push for different rules. Nevertheless, Watchdog.org reports that incidents or arrests were too few or unimportant.

With the new rules in place, local business owners are afraid of the future, especially considering that since its implementation, at least four events were canceled.

The Drug War Has a New Target: Poor, White People

Posted on August 23, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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The Drug War Has a New Target: Poor, White People

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

In one of my latest articles for The Anti-Media, I explain that the rate of incarcerated whites in the United States is higher than the total incarceration rates of most other countries across the globe.

HomelessAt 466 per 100,000 citizens in jail—the rate of white individuals currently serving time in American prisons—the United States would still be in the top ten list of top jailers globally. And as pointed out by The Washington Post’s Keith Humphreys, the rate of blacks in prison has been in steady decline over the past decade, while the number of white prisoners—both male and female—continues to rise.

The explanation for this fact is simple: The drug war hasn’t stopped.

In the 1980s and 1990s, the crack cocaine epidemic that swept major urban areas across the country was met with “tough on crime” policies, forcing oftentimes nonviolent drug law offenders to go to jail for life. Blacks account for 80 percent of federal crack cocaine convictions but whites and Latinos account for more than 70 percent of powder cocaine convictions.

As the movement spearheaded by libertarian-leaning organizations asking for mandatory minimum reforms and drug legalization gains popularity among liberals and conservatives, more states begin to review their drug laws, helping to change incarceration rates locally while giving first-time and nonviolent offenders a chance to get their lives back on track.

But as another drug epidemic takes the streets of both urban and rural America, another group begins to feel the heavy weight of misguided government policies.

West Virginia is the number one state in the country for fatal drug overdoses. The state also has the highest rate of babies born with some dependency on opioids.

Just recently, the city of Huntington, WV saw 26 overdoses in a matter of hours, prompting news organizations to call the city the heart of America’s opioid epidemic.

According to The Washington Post’s Keith Humphreys, there are two underlying issues that have been putting whites in jail at a greater rate.

First, “changes in drug use and enforcement over the past 15 years” may be playing a part. But “[m]ethamphetamine, prescription opioid and heroin epidemics” have also impacted “whites more than did the crack cocaine epidemic.” In states like West Virginia where over 93 percent of the population is non-Hispanic white, there’s an increased push to toughen drug-related laws, prompting enforcement organizations to respond accordingly.

But as we’ve seen with the crack cocaine epidemic and the US government’s war on drugs, increasing penalties for drug law offenses does not work.

All Americans, whether they are white or black have only one obstacle in their everyday fight for freedom and peace, and that is government’s heavy-handed, immoral interventionism. The time to identify the beast and speak openly about it is now.

Homeland ‘Security’? Gov’t Wants to Collect Travellers’ Social Media Info

Posted on August 22, 2016 in Foreign Policy, Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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Homeland ‘Security’? Gov’t Wants to Collect Travellers’ Social Media Info

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In Omnipotent Government, Ludwig von Mises writes that tending toward “a transgression of the limit” of the application of violence is a natural impulse among professionals who use violence in their line of work, even if the particular application of violence is seen as legitimate.

These transgressions are seen everywhere, from instances of police brutality to the ever-growing presence of law enforcement agents on our borders and airports.

SmartphoneNow, this transgression is entering another realm, making way for law enforcement to have an even more formally accepted online presence.

According to a new Department of Homeland Security proposal, officials are considering asking visitors entering the United States under the Visa Waiver Program to disclose information pertaining to their social media presence.

If the DHS has its way, visitors would have to fill out a form with links to their Twitter, Facebook, and other online applications. According to the DHS, the collection of this information would “enhance the existing investigative process and provide DHS greater clarity and visibility to possible nefarious activity and connections by providing an additional tool set which analysts and investigators may use to better analyze and investigate the case.”

But the wording in this new proposal is broad enough to allow officials to dig at will, increasing the risk of abuse of power—a surveillance issue that has already been associated with 4th Amendment violations in the past. To privacy advocacy organizations like Restore The 4th, this new transgression is everything but legitimate.

In a press release, the organization explained that the DHS new proposal is toxic.

In a letter addressed to the US Customs and Border Protection, the group along with “over two dozen human rights and civil liberties organizations” outlined the program’s “disproportionate risks, excessive costs, and other serious shortcomings.”

According to the letter, the DHS will be further invading individual privacy, putting freedom of expression at risk if this proposal is implemented. Furthermore, the federal government would have to worsen the national debt due to the high cost of implementation. The maintenance of this program would also cost taxpayers greatly, Restore The 4th added, and these costs “appear to be unaccounted for in the DHS Paperwork Reduction Act statement.”

The advocacy group also claims that the DHS would ignite the expansion of the surveillance state by opening a new window into the traveler’s private life. If implemented, this new rule could impact particular groups of travelers, allowing law enforcement to refer to their racial and religious bias in order to do their job.

Restore The 4th explains:

“This ‘disparate impact will affect not only travelers from visa-waiver program countries, but also the Arab-Americans and Muslim Americans whose colleagues, family members, business associates, and others in their social networks are exposed to immediate scrutiny or ongoing surveillance, or are improperly denied a visa waiver because of their online presence.’”

The letter urges CBP to dismiss the DHS proposal altogether. ​

Should we ban tobacco instead of drugs?

Posted on August 21, 2016 in Ask Dr. Ruwart, Drugs, Liberator Online, Personal Liberty, Victimless Crime by Mary Ruwart Comments are off
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Should we ban tobacco instead of drugs?

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QUESTION: I am a long time supporter of ending the war on drugs. I advocate treating drug abuse the way we treat alcohol abuse, as a health and not a legal problem. I find that many of the people that I deal with who oppose the war on drugs and support legalization of marijuana want to outlaw tobacco. I try to tell them that the war on tobacco will be just as successful as the war on drugs, but they insist that it go ahead. They point out that tobacco is deadlier than pot. I point out that heroin and LSD are as dangerous as tobacco, if not more. What suggestions do you have to answer the pro war on tobacco people?

CigaretteANSWER: The power to ban something “bad” is also the power to ban something “good.” Cannabis was listed in the U.S. Pharmacopeia for many years before it was “outlawed” via the Marijuana Tax Act in 1937. As a result, this incredibly useful and inexpensive natural drug has been largely unavailable in the U.S. for the last 80 years.

By outlawing tobacco, alcohol, or any other substance, we pave the way for other “wars” based on political or economic gain. Special interests will lobby Congress to outlaw their competitors, just as William Randolph Hearst lobbied for hemp/cannabis prohibition so that his wood pulp forests would be used for paper manufacture instead of hemp.

The nicotine in tobacco is thought by some to be the most addictive substance known. If someone can’t stop smoking, isn’t it a health problem too? Why not treat it as such?

Don’t Just Depend On A Piece Of Paper

Posted on August 17, 2016 in Education, Freedom On Campus, Liberator Online by Chloe Anagnos Comments are off
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Don’t Just Depend On A Piece Of Paper

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This week, I participated in a panel discussion for new students beginning their college careers at my alma mater, Ball State University. I shared my experiences on campus, talked about leadership, how to find the right job after graduation, and what I am doing now with The Advocates for Self-Government with the Class of 2021 C.L.A.S.S. participants.

Ball StateDuring the Q and A portion of the panel, a student asked if earning my degree was more important than the professional experience I gained by completing internships during undergrad.

This is what I told him:

I wouldn’t be where I am professionally without the networking I did as an undergrad. Networking led to internships which led to my professional career. However, the journalism, history, graphic design, and political science classes I took gave me the technical skills I needed to succeed in professional clubs and internships.

In other words, I don’t think that it is important for students to depend on a piece of paper alone. A degree in a subject that one is truly passionate about is great – but it’s not the be-all and end-all of your education.

I have friends that never earned a college degree but have incredibly successful careers. I have other friends that have multiple degrees and are stuck in jobs that make them miserable.

My advice to college students is to take advantage of every single opportunity this upcoming school year and throughout your college career.

Do your best in your classes and ask for help when you need it. If there is a professional club on campus that is relevant to your major, attend a few meetings. If your department is hosting an alumni mixer, GO, and introduce yourself to professionals. Ask for their business cards and keep in touch.

One of my favorite quotes comes from actress Tina Fey:

“Say yes and you’ll figure it out afterwards.”

College is where you’re supposed to take risks, learn, and GROW personally and professionally.

Now, get out there and grow.

California: Closer to the End of ‘Policing for Profit’

Posted on August 16, 2016 in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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California: Closer to the End of ‘Policing for Profit’

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California has just taken another step to nullify a federal rule over its unconstitutional nature.

According to the Tenth Amendment Center, the California Assembly passed a bill that would keep state officials from using civil asset forfeiture to seize private property without due process while also effectively preventing federal agents to do the same in the Golden State.

Police StopSenate Bill 443 was introduced last year, and it was a response to the growing trend against civil asset forfeiture taking over the country. Organizations like FreedomWorks and Tenth Amendment Center are some of the leaders in this area, helping state legislators have access to reform ideas that render the federal rules unenforceable.

According to the libertarian justice firm Institute for Justice, civil asset forfeiture is “legal plunder,” because the practice gives federal and state law enforcement agencies the power to take a person’s property or assets, even if the owner hasn’t been arrested or convicted of a crime.

After passing the state Senate last summer, the bill failed in the Assembly. But once Assemblyperson Chris Holden made a motion to reconsider, the bill was placed in the inactive file and then brought up for a vote in the full Assembly on August 15.

If the bill is signed into law by Governor Jerry Brown, the loophole in California law that allows officers to refer to federal agents in civil asset forfeiture cases in exchange for a portion of assets seized will be gone. Equitable sharing has been the only issue with California’s civil asset forfeiture laws, which are considered to be some of the strongest in the country. But up until now, the local protections against the practice meant nothing if federal agencies were involved.

Between 2000 and 2008, federal agents doubled their equitable sharing earnings. By the end of 2008, state officials across the country had helped the federal government seize about $400 million through the program.

With SB443, state prosecutors would be prohibited from going around restrictions imposed on state officials by passing cases off to the federal government. While this is good news, the bill still isn’t perfect.

If the amount seized is above $40,000, SB443 would allow state prosecutors to refer to federal officials under the equitable sharing program. The state could also have access to a portion of the assets seized if the owner of the property is convicted in a related criminal activity.

Despite its potential shortcomings, SB443 goes a long way to roll back federal intervention in local law enforcement activities, removing the financial incentive often tied to the practice.

Will other states follow?

Adding a Private Element to Public Schooling Boosts Diversity

Posted on August 13, 2016 in Economic Liberty, Education, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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Adding a Private Element to Public Schooling Boosts Diversity

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During the 2016 Amplify School Choice event promoted and organized by the nonprofit news organization Franklin Center, bloggers and journalists from across the country had the opportunity to visit two public schools in the Denver, Colorado area.

While the event brought several options of schooling to light, one of the programs most speakers focused on is known as a charter.

StudentsCharter schools are public schools. What makes them uniquely different from traditional schools is that they share a private element with for-profit organizations.

Instead of being run like a public school, charters are given the freedom to refrain from following regulations imposed on traditional schools, allowing leadership to resort to different educational methods. Charters usually hire teachers who are not unionized and often use unique educational techniques, giving students with special needs an opportunity to adapt.

But because these schools are publicly funded, students who would otherwise be stuck in the neighborhood’s traditional school are given the opportunity to choose.

Charters, which are often smaller, are able to work with students in a more direct way than traditional school teachers can. And low-income families with access to the charter option are often thankful in the long run.

During a conversation with Bill Kurtz, the CEO of DSST Public Schools—a local charter—we were lucky to get to know three DSST students, all who happened to be the children of immigrants.

According to Kurtz, the idea behind DSST is to boost the community. “As you can see,” he told the audience of bloggers and journalists, “the school is very diverse. [It] largely mirrors the population of Denver.”

With a 100 percent success rate in sending students to college, DSST stands out for the diversity of its students and its success rate in following its mission. But during the conversation, Kurtz didn’t go into the economic or praxeological reasons why his school excels in bringing diverse people together.

In the book The Liberal Archipelago: A Theory Of Diversity And Freedom, author Chandran Kukathas contends that the state has no place promoting any set of values. Kukathas argues that, if the government imposes values by force, individuals will feel compelled to rebel or to act against their conscience.

The author adds that the “most important source of human motivation is principle—or, better still, conscience. … not because conscience always overcomes or overrules other motives … [but because conscience is] what we think should guide us.”

In an environment where private elements come together, eliminating the need to follow the values imposed by a governmental body, individuals are compelled to follow their heart, so to speak.

Adding the private element to a traditional school removes many of the impositions traditional educators, parents, and students are often faced with, boosting efficacy and yes, diversity. Not only because schools might be effectively targeting minorities, but because children stuck with bad educational choices due to their zip code are now given the opportunity to choose.

Students may come from a variety of backgrounds, but they also resort to charters because they have specific goals in mind: get a better education.

Schools with the private element are freer to experiment, giving students who are willing to follow their style an opportunity to grow while “weeding out” those who are not particularly fond of that school’s mission.

In the traditional school system, a child’s fate is set by his or her zip code. But where choice abides, so does conscience. And that’s why the removal of value imposition through government often produces great results.

NYC Weed Arrests Up Again, Is Full Legalization the Solution?

Posted on August 9, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off
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NYC Weed Arrests Up Again, Is Full Legalization the Solution?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Someone forgot to tell progressive New York Mayor Bill de Blasio that times, they have already changed.

NYPDDuring the then mayoral candidate’s campaign, de Blasio vowed to ensure the New York Police Department would cease to treat possession of small amounts of marijuana as a crime, but ever since he was elected, the number of marijuana-related arrests went up. This year, Gothamist.com reports, it went up nearly a third.

In 1977, New York decriminalized possession of fewer than 25 grams of weed. Users smoking or holding the bud in public, however, were still subject to police scrutiny. But while commissioner Ray Kelly was in command between 2002 and 2013, arrests for possession of small amounts of marijuana went up considerably. In 2010, low-level pot possession had become the top cause of arrest in the city, mostly due to the fact 50,383 people had been arrested for related offenses throughout that year.

That’s when pressure began to mount.

Faced with countless accusations of racial bias, commissioner Kelly decided to send officers a memo asking them to stop “improper” marijuana arrests, which often involved blacks and Latinos.

Once de Blasio took office, however, marijuana-related arrests dropped, but that didn’t last. In 2014, police had made 26,400 weed-related arrests. Now, recent figures show that the number of people going to prison for related offenses has increased considerably.

During the first half of 2015, NYPD had arrested 7,236 people for marijuana possession, but during the same period this year, the number went up to 9,331: A 30 percent increase.

Despite de Blasio’s campaign promises, things might not get better for pot smokers in the Big Apple unless state laws change.

A bill from 2015 that is still stuck in the state legislature could help give marijuana users more peace of mind. But the bill isn’t perfect.

If S. 1747, or the Marijuana Taxation and Regulation Act, passes, marijuana would be regulated and taxed like tobacco and alcohol. Proponents of similar pieces of legislation often say that while similar measures might have a negative effect on the overall cost of weed, it would keep officers from knocking people’s doors down in the middle of the night. But to many libertarians, only decriminalization of all substances, including marijuana, tobacco, and alcohol, works.

Mises Institute’s David Gordon argues in a piece from 2002 that punishing a person for using drugs is to “impose a severe disability on him; and justice requires that punishment be imposed only on someone who violates rights.” Drug use, therefore, cannot be criminalized simply because it could lead to bad social consequences. After all, Gordon continues, “[t]o punish people simply because their acts encourage others to act in a way deemed undesirable is to use people as means, in a morally unacceptable way.”

Despite the strong support the Marijuana Taxation and Regulation Act has obtained over the past year, many proponents of the bill believe that it could take years for something similar to pass through the state legislature, forcing New Yorkers to think twice before stepping outside with a small amount of weed in their pocket.

What the Village of Tyneham Can Teach Us About Eminent Domain Abuse

Posted on August 8, 2016 in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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What the Village of Tyneham Can Teach Us About Eminent Domain Abuse

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Great Britain’s compulsory purchase orders are the equivalent of America’s eminent domain laws. These powers give UK government bodies the ability to retain property even if the property owner is reluctant to give it away.

TynehamMuch like eminent domain laws in America, certain UK bodies are allowed to obtain these properties by claiming that the land should be used for “public betterment.” But whether or not government is allowed to exercise this power if compensation is provided shouldn’t be the crux of the matter because value is subjective.

Ludwig von Mises wrote in Human Action that value “is not intrinsic, it is not in things. It is within us; it is the way in which man reacts to the conditions of his environment.” So if a man finds value in his land, even if he is being compensated for leaving against his will, the action imposed by the governmental body forcing him out is, indeed, immoral. Because value, Mises adds, “is not what a man or groups of men say.” It’s how they act that counts. Even if you agree with the government’s rationale, taking a man’s land against his will is inhumane. After all, Mises adds in The Anti-Capitalist Mentality, “there is no yardstick to measure the aesthetic worth of a poem or of a building,” so who are we to judge what is or isn’t valuable to an individual?

But history is full of anecdotes that teach us that much and yet we ignore it. Allowing generation after generation to place bureaucrats in charge of telling us what our most sacred rights truly mean.

Take the story of a village formerly known as Tiham, but which is now referred to as Tyneham.

In 1943, Tyneham and the neighboring area residents were asked to leave. They were given 28 days to walk away from their homes so Allied forces could use the place as a post where they would train for the D-Day landings.

As villagers left with the belongings they could carry, villager Helen Taylor waited until the very end, posting a note on the door of the limestone church of St Mary that read “We shall return one day and thank you for treating the village kindly.”
As villagers left believing they would one day come back, government later proved them wrong. The 13th Century church endured, but folks like Taylor would never have the pleasure of holding mass there as a community again.

In 1948, the Army resorted to compulsory purchase order laws and put a hold on the village and its standing properties, claiming soldiers needed the place for military training. Up until this day, that’s what the village and its remains are used for. Now, littered with scrap and shells from decades of target shooting, only dead former members of the village are allowed to come back to be buried in the churchyard.

The image of a concerned villager asking soldiers to treat her home well may have vanished from English people’s memories, but the message remains the same. What right does a man have if not to do what he pleases with his own property? Stripping citizens from their belongings under the guise of fighting for peace may sound honorable, but in practice, all that is often left behind is garbage—and heartbreaking memories.

Be Your Own Advocate

Posted on August 7, 2016 in Education, Freedom On Campus, Liberator Online by Chloe Anagnos Comments are off
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Be Your Own Advocate

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

I have the unique experience of sharing the same alma mater as my parents. I grew up hearing stories about how things were when they were at school, the friends they made, and the professors who helped shaped their worldviews. When it was my turn to attend college, I remember my parents making a lot of comments about how different my experience was going to be from theirs. And as a recent graduate, I agree.

AdvocateThe ‘culture’ of college campuses has changed greatly since my parents were in school. Recent events at Mizzou, Yale University, and Occidental College have garnered national attention. Moreover, the way that college administrators have reacted to those events have shown how they are contributing to the creation of, in my opinion, the most coddled generation.

I think one of the most important aspects of growing into adulthood is learning how to handle one’s self professionally.

During my undergraduate years, I had multiple classmates with difficulties discussing issues or grievances with professors, faculty, and other students. Rather than confronting the issue in an adult way, they would often take to social media to complain, would involve a department head when it was unnecessary…or would have their parents take care of it.

I think that there are some very extreme situations in academics when it’s important to rely on others for help.

But when the issues at hand can be resolved in a short, face-to-face conversation, it’s important to rely on one’s self. My advice to incoming freshmen is simple: be your own advocate.

Nothing is going to boost confidence more than learning how to stand up for one’s self. Life lessons like this one can transcend the majority of material in a classroom and can help in the workplace, too.

College is a time of growth. Do you want to take an active role in that growth or do you want to take a backseat and let someone else drive?

 

Pokemon Go Creators Face Lawsuit Over Possible Property-Related Crimes

Posted on August 3, 2016 in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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Pokemon Go Creators Face Lawsuit Over Possible Property-Related Crimes

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It’s no secret that Pokemon Go, the augmented-reality game, is currently one of the most popular apps in the country. But as users become involved in accidents due to their outdoor adventures trying to catch Pokemon characters, reports related to individuals being chased away and at times even shot at for trespassing are also becoming more common.

PokemonNow, a man from New Jersey is escalating the fight against Pokemon trespassers by suing the company behind the game—not the actual players. If he has it his way, individuals who own property listed as a Pokestops or Pokemon gyms in the app could be added to the list of plaintiffs.

According to the suit, Pokemon Go encourages players to go after Pokemon characters placed close to or at private properties without the owner’s consent. The suit also states that at least five individuals approached the plaintiff asking if they could have access to his backyard in the past. Interestingly enough, the suit alleges these individuals knocked “without plaintiff’s permission,” confusing anyone who believes that knocking and formally asking for access means that he was properly approached and that his property was never trespassed against.

To players, however, the concern brought up by the New Jersey man may seem illegitimate since the system alerts users they should not trespass, warning that attempting to gain or gaining “access to any property or location where you do not have the right or permission to be” should be out of the question.

Despite the warning, Niantic Labs, Nintendo, and The Pokémon Co. have all been named in the suit. California’s federal court should soon rule on whether the man who filed the complaint will be able to legally keep Pokemon hunters off his property.

The game, which has been downloaded more than 30 million times, generating over $35 million in revenue, continues to be both praised and criticized for the several consequences of its launch. But blaming the company behind the app for a potential trespassing incident might not have a positive outcome after all.

Pokemon Go players have an opportunity to learn a thing or two about property rights and voluntary cooperation while playing, taking the example of other players who have been involved in delicate incidents while catching Pokemon into consideration while roaming the streets in search of new characters. Instead of putting the blame on the game, why not help players understand that playing safely can also be fun? All they have to do is follow the company’s instructions and play responsibly.

After all, suing Niantic Labs over risks potentially associated with the act of playing the game is like suing a weapon manufacturer for a potential gun injury incident that hasn’t even materialized.

Allowing players to take responsibility for their actions could be yet another reason to believe Pokemon Go is one of the best things about modern life.

Nullification Works, Colorado & Other States Show How

Posted on August 2, 2016 in Drugs, Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off
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Nullification Works, Colorado & Other States Show How

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Colorado, the state of legal recreational marijuana, may soon be able to kick the federal government’s erratic surveillance policies to the curb, proving that state nullification is worth the effort.

Iphone

A bill signed into law earlier this year that has been active since May 11, 2016 applies state law rules to federal agencies, effectively barring agencies such as the Bureau of Land Management (BLM) and the U.S. Forest Service (USFS) from taking actions locally that infringe on certain rules. The result is important, since the refusal to enforce federal rules on Colorado soil means that federal acts that go against the Constitution could be thwarted.

The piece of legislation (HB1109) was a bipartisan effort that, according to Tenth Amendment Center’s Mike Maharrey, could help to put an end to federal efforts that infringe on Americans’ constitutional rights such as the National Security Agency’s mass surveillance programs. Since massive databases used by the NSA require a great deal of water to keep computer systems cool, refusing to provide resources to federal agents may help to prevent the expansion of the surveillance state.

This type of approach to federal laws has been upheld in court in the past.

In 2007, when the federal government sued the state of Nevada for refusing to give the Department of Energy (DOE) access to its water supply to build a nuclear waste disposal site on Yucca Mountain, US District Judge Roger L. Hunt ruled that the state of Nevada had a right to say no the federal government, basing his decision on the fact that state rights are protected and shouldn’t be violated by a federal agency.

Maharrey explains that the legal basis for this refusal to cooperate is known as the anti-commandeering doctrine, which came to be due to four Supreme Court cases, including the Printz v. US from 1842 that serves as the doctrine’s cornerstone.

The anti-commandeering doctrine reassures the states that they are free to refuse to cooperate, while also making it clear to the federal government that its agents are prohibited from forcing state officials to comply. If Colorado is able to use its water rights to thwart the growth of programs that effectively infringe on our constitutional rights, that means that other states may join the effort.

Recently, Louisiana took an important step toward hindering the surveillance state by passing a law that requires a court order for the use of stingray technology, which is often used by law enforcement to track the location of phones and give officers access to their contents. The law is now into effect.

Illinois has also passed a very similar bill, which will go into effect on January 1, 2017. According to the bill’s wording, stingray technology use will also be restricted by court orders. But the bill goes further by prohibiting the use of the technology to gather the contents of phones targeted by law enforcement. Instead, officials with a warrant will only be able to use the stingray system to track the location of a device or identify it as a communications device, effectively protecting the individual’s conversations.

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