- Supreme Court’s sleeper case of the term, Reed v. Town of Gilbert, may greatly toughen First Amendment scrutiny of many laws [Adam Liptak, New York Times]
- Authorities to press charges against Washington Post reporter Wesley Lowery and Huffington Post reporter Ryan Reilly, arrested last year in a McDonald’s during Ferguson protests [Newsweek]
- Having said obnoxious things is grounds for exclusion from Canada. Right? [CTV] Related musings about speech that affronts us [Ken at Popehat]
- In case paralleling issues in SBA List v. Driehaus, Massachusetts high court strikes down false-campaign-speech law that enabled incumbent to inflict legal woe on critics; state’s attorney general comes off poorly in account [Ilya Shapiro and Gabriel Latner/Cato]
- Court strikes down of Idaho ag-gag law, and Prof. Volokh notes some parallels to Planned Parenthood covert filming battle;
- Update: city of Inglewood, Calif. not faring well in effort to use copyright law to keep a critic from putting video clips of its council proceedings on YouTube [Adam Steinbaugh, earlier]
- Denver digs itself deeper in charges over leafleting by jury nullification activists [Jacob Sullum, earlier]
- Quite a story: “Las Vegas cop behind controversial killing now influential union leader” [Las Vegas Review-Journal]
- Strife betwen NYPD union and City Hall long predates current NYC mayor [David Firestone, Quartz; Guardian]
- “Report: Massachusetts police grant ‘professional courtesy’ to other officers caught driving drunk” [Radley Balko; earlier on cops’ refusal to ticket cops]
- “Cleveland police union defends fired cop, saying others did far worse” [Cleveland Plain Dealer, earlier]
- After cartoon ire, did union chief tell police departments not to give information to Bucks County, Penn. paper? [Jim Romenesko via Balko]
- Oldie but goodie: “hit it with a flashlight until we gain compliance” [Officer.com]
- Miami FOP: chief’s view of the Eric Garner case isn’t ours [Washington Post via Amy Alkon]
- And for a contrasting view, check out the generally pro-police-organization site of Ron DeLord;
- Cute: Outgoing Massachusetts Gov. Patrick shifts 500 managers to union status, now incoming GOP successor can’t touch ’em [Fox Boston]
- Despite opposition from police union, Montgomery County, Md. eventually managed to correct disability scam [Washington Post editorial, Ed Krayewski]
- “Retired CUNY professor gets $560K a year pension” [New York Post]
- “L.A. Cannot Afford Budget Busting Labor Agreements” [Jack Humphreville, CityWatch L.A.] Major changes needed to Nevada public collective bargaining laws [Las Vegas Review-Journal] “States And Cities Coming To Grips With Economic Reality” [Brett Joshpe, Forbes]
- “Public-Sector Unions and Government Policy: Reexamining the Effects of Political Contributions and Collective Bargaining Rights” [George Crowley/Scott Beaulier, Mercatus, PDF]
- “Newark forced to rehire tenured teacher despite new state law” [NJ.com]
- Time Magazine says not-especially-controversial things about tenure system, gets attacked by teachers unions [Weekly Standard] Throwing their money and influence around in elections [RiShawn Biddle on Democracy Alliance, same on AFT]
“Bowing to a forceful majority of opinion, the [Westminster, Mass.] Board of Health has killed its proposed ban on tobacco sales.” [Fitchburg Sentinel and Enterprise, AP (“This is a free country?” sign), Chris Snowdon (“The anti-smokers of Westminster… had to demand prohibition before the townspeople finally realized that they were dealing with prohibitionists”), earlier]
“They’re just taking away everyday freedoms, little by little,” said Nate Johnson, 32, an egg farmer who also works in an auto body shop, as he stood outside the store last week. “This isn’t about tobacco, it’s about control,” he said.
Right he is. And despite the Times reporter’s lifted eyebrow at the notion that “outside groups” are encouraging town officials to go forward with the ban, it’s worth asking how Westminster, Mass., population 7,400, came to have its very own “tobacco control officer.” Do you imagine the townspeople decided to create such a position with local tax funds? If so, read on.
For well over a decade the Massachusetts Municipal Association has run something called the Tobacco Control Technical Assistance Program, assisted by grant money from the state Department of Public Health. It does things like campaign for town-by-town hikes in the tobacco purchase age to 21, and town-by-town bans on tobacco sales in drug stores. It will surprise few that it has been in the thick of the Westminster situation.
This article, written for a friendly audience of public health advocates, frankly describes how the MMA project, with assistance from nonprofit and university groups as well as the state of Massachusetts, worked to break down the reluctance of town health boards to venture into restrictions on tobacco sales (scroll to “Roles of the Massachusetts Tobacco Control Program, Local Boards of Health, and Tobacco Control Advocates”);
Local boards were enticed into hiring tobacco control staff by the DPH’s tobacco control grants. As a participant in the process explained, “[L]ocal boards of health looked at it as ‘oh, it’s a grant. Let’s apply for this grant. So now, what do we have to do, now that we’ve got it?’” … The grants dictated that local boards use those community members they had hired as their staff to assist them in enacting and enforcing tobacco control regulations…
The staff paid for with money from outside the town seem to have seen their job as, in part, lobbying the local officials: “We’ve had to work on each individual board [of health] member to get them to come around,” said one.
The account continues with many revealing details of how the outside advisers managed to orchestrate public hearings to minimize critics’ voice, deflect challenges with “we’ll take that under advisement” rather than actual answers, and in the case of particularly intense opposition, “back off for a couple of months” before returning. “Grant-funded regulatory advocates were able to counter all of [opponents’] arguments and tactics.”
In other words, an extra reason for the townspeople of Westminster to be angry is that they have been paying to lobby themselves. And it’s worth knowing exactly how the game plan works, because similar ones have been rolled out to localities in various states not only on “tobacco control” but on “food policy,” environmental bans and other topics. Grass roots? If so, most carefully cultivated in high places.
Update Nov. 21: board drops plan in face of overwhelming public opposition.
Trial lawyer and inveterate Litigation Lobby booster Bruce Braley lost his Iowa senate bid (“He comes across as arrogant, and I think it’s because he is,” said an unnamed Democratic official.) Sen. Mark Pryor, chief Senate handler of the awful CPSIA law, lost big.
Massachusetts voters again rejected Martha Coakley, whose prosecutorial decisions we have found so hard to square with the interests of justice. The Wisconsin Blue Fist school of thought, which sees organized government employees as the natural and truly legitimate governing class, met with a rebuff from voters not only in Wisconsin itself but in neighboring Illinois (where Gov. Quinn, of Harris v. Quinn fame, went down to defeat) and elsewhere. Colorado voters rejected GMO labeling, while a similar Oregon bill was trailing narrowly this morning but not with enough votes to call.
California voters rejected Prop 46, to raise MICRA medical liability limits, require database use and impose drug testing of doctors, by a 67-33 margin, and also rejected Prop 45, intensifying insurance regulation, by a 60-40 margin (earlier).
I’ve written a lot at my Free State Notes blog about the governor’s race in my own state of Maryland, and unlike most others was not surprised at Larry Hogan’s stunning upset victory. The politics category there includes my letter to Washington Post-reading independents and moderates about why they should feel comfortable electing Hogan as a balance to the state’s heavily Democratic legislature, as well as my parody song about what I thought a revealing gaffe by Hogan’s opponent, Lieutenant Governor Anthony Brown.
- Weekly Standard runs my parody song about the local governor’s race, “Show Me the Way to Frederickstown, or, Lost in Maryland“; Update: Here’s Lauren Weiner’s rendition, to the tune of “Sweet Betsy from Pike.” Freelance writer Lauren Weiner has lived in Baltimore since 1992. [improved YouTube link with video]
- Also on Maryland governor’s race: it’s not every day a GOP challenger blames a Democratic incumbent for issuing too few pardons [Radley Balko; more on clemency]
- Harry Reid forces are latest to demagogue Stand Your Ground laws and role of American Legislative Exchange Council (ALEC), but Glenn Kessler calls them on it with Four Pinocchios [Washington Post “Fact Checker”]
- Enough non-citizens vote illegally “that their participation can change the outcome of close races.” [Jesse Richman and David Earnest, Washington Post Monkey Cage; a response]
- State attorney general offices are now politicized and targets of lobbying, and why should we be surprised at that given all the power they’ve grabbed for themselves as business regulators in recent years? [David Boaz, Cato] Hot state-AG races this year include Wisconsin, Nevada, New Mexico, Arkansas [John Fund]
- Two views on Alabama proposed Amendment One, curbing use of foreign law: Paul Horwitz (adds nothing to Alabama constitution not already there), Quin Hillyer (insurance against bad judicial decisionmaking);
- More about the Greg Abbott tree-fall settlement called into question by opponent Wendy Davis [Hugh Kelly, TLR, earlier]
- Long Island legislator withdraws from State Senate race after charges of high-dollar law-firm misconduct [Newsday]
- Defaulted mortgages: “Coakley lawsuit has ties to key backer’s interests” [Boston Globe via Funnell] Flashback: Radley Balko in 2010 on Martha Coakley’s awful prosecutorial record (up to that point) [Politico; related, Harvey Silverglate on prosecutors who run for higher office; earlier]
- Enviro activists unlawfully block coal ship, Massachusetts prosecutor expresses approval by dropping charges [James Taranto, Jacob Gershman/WSJ Law Blog, ABA Journal]
- Unfortunately-named Mr. Threatt charged with “robbery that happened while he was in jail” [Baltimore Sun via @amyalkon]
- “How conservative, tough-on-crime Utah reined in police militarization” [Evan McMorris-Santoro, BuzzFeed] More: What if we needed it someday? San Diego Unified School District defends acquisition of armored vehicle [inewsource.org] And Senate hearing [AP]
- “Machine-based traffic-ticketing systems are running amok” [David Kravets, ArsTechnica]
- Thanks, Fraternal Order of Police, for protecting jobs of rogue Philadelphia cops who could cost taxpayers millions [Ed Krayewski; related earlier]
- Study: returning from 6- to 12-person juries could iron out many racial anomalies at trial [Anwar et al, Tabarrok]
- Courts can help curb overcriminalization by revitalizing rule of lenity, mens rea requirement [Steven Smith]
A new paper estimates that Massachusetts voters’ decision to end rent control added $2 billion to the value of Cambridge, Mass. residential housing stock over 10 years. While some of this represents the improved worth of rental property whose value had been artificially suppressed by the previous law, much of it reflects improvements in the value of other, nearby property that had never been under rent control, as increased rates of renovation and improvement made whole neighborhoods more desirable. “In net, our estimates imply that more than half (55 percent) of the capitalized cost of rent control was borne by owners of never-controlled properties, illustrating both the importance of spillovers in housing markets and the potential unintended side effects of price ceilings.” [David H. Autor, Christopher J. Palmer and Parag A. Pathak, Cato Research Briefs in Economic Policy]