Hey, Denver city councilors: nixing an airport concession to punish Chick-fil-A for its politics is a blatant First Amendment violation [Jonathan Adler, Denver Post; earlier on mayors-vs.-Chick-fil-A here, here (diversity of views within ACLU), here, etc., and my writing elsewhere] In Board of Commissioners, Wabaunsee County v. Umbehr (1996), the Supreme Court found that under the First Amendment, while some balancing tests and exceptions are applicable, the government is not broadly free to withhold business from independent contractors based on disapproval of those contractors’ speech on issues of public concern. Note also the more recent round in which Boston and New York City officials vowed retaliation against Donald Trump after controversial remarks.
Archive for 2015
Ninth Circuit raps prosecutors’ use of press clip
Was the L.A. Times’s reporting manipulated in hopes of helping federal prosecutors win a case? If so, the effort sure backfired [Ken at Popehat, with commentary on the “too-cozy too-credulous relationship between law enforcement and the press”] And from the Fifth Circuit, also on prosecutorial misconduct: “The online anonymous postings, whether the product of lone wolf commenters or an informal propaganda campaign, gave the prosecution a tool for public castigation of the defendants that it could not have used against them otherwise, and in so doing deprived them of a fair trial.” [ABA Journal]
New York “Annoyance Lawyer” sues Uber
New York attorney Todd C. Bank “sued Uber Technologies Inc. over its robocall campaign attacking New York Mayor Bill de Blasio over his proposal to limit the number of drivers.” Mr. Bank bills himself as the “Annoyance Lawyer.” Isn’t that term generic by now? [Bloomberg]
The silence of the Texas bikers
Why aren’t we hearing more about the 177 arrested Waco bikers? ‘Cause there’s a big ole gag order in place [Tamara Tabo, Above the Law; earlier]
One small banker’s warning
Small banks and other regulated businesses now live at the permission of arbitrary regulators in a legal system that no longer protects individual rights. That’s the message of a letter sent to shareholders earlier this year by Frank H. Hamlin III, CEO of the small Canandaigua National Bank in upstate New York. In particular, Hamlin cites the way the office of New York attorney general Eric Schneiderman has pushed around two other upstate banks (not his) on ill-defined redlining charges based on doing too much of their lending in the suburbs. I write about it in a new post at Cato at Liberty.
The piece is a sidebar from a much longer piece I wrote on Schneiderman’s record in the Summer issue of City Journal, newly online. I’ll have more to say next week about other parts of that article.
“Court: Leaving Baby in Car for 10 Minutes May Not Be Abuse”
“New Jersey officials were wrong to label a mother a child abuser for leaving her sleeping baby in an unattended locked car for 10 minutes while she went shopping in a nearby store, the state’s highest court ruled on Thursday.” Not only does she deserve a hearing before being put on the child abuse registry, said a unanimous New Jersey Supreme Court, but such a hearing should not find neglect unless her conduct is found to have placed the child in “imminent risk of harm.” [Jacob Gershman, WSJ Law Blog; earlier here and here]
Happy Birthday To Me…
If one of my family members chooses to sing the familiar “Happy Birthday To You” in celebration of my birthday today, their chances of prevailing against the tenacious lawyers at Warner Music Group appear better than ever. Law librarians helped by laying hands on a copy of a 1922 songbook in which the ditty, already by then decades old, appeared with no copyright notice; Warner/Chappell applied for copyright registration in 1935. [Above the Law, ABA Journal, BoingBoing, Joe Mullin/ArsTechnica] Earlier here, here, and here.
Thank goodness this sort of thing doesn’t happen in politics or the media
“The Securities and Exchange Commission today announced that BNY Mellon has agreed to pay $14.8 million to settle charges that it violated the Foreign Corrupt Practices Act (FCPA) by providing valuable student internships to family members of foreign government officials affiliated with a Middle Eastern sovereign wealth fund.” [SEC press release, WSJ] The SEC said at least three offspring from influential families lacked “the requisite academic or professional credentials” for the internships and proved to be “less than exemplary employees.” [Business Insider] While publicly shaming the bank, the commission did not see fit to name the foreign country involved. Similar probes on intern hiring have been aimed at other big financial institutions including J.P. Morgan, accused of hiring the children of Chinese officials [Reuters]
Too much occupational licensure
[New Jersey’s] licensed sector now covers about 20 percent of the workforce. Jobs as diverse — and sometimes as seemingly mundane — as barbers, movers and warehousemen, librarians, and career counselors can’t be done legally without getting state approval in New Jersey, usually by paying a fee, submitting personal information, and taking training or educational courses.
Nationwide, the share of jobs requiring licenses is even higher: 25 percent, up from around 5 percent in the 1950s. With economist Milton Friedman in the lead, libertarians have long criticized occupational licensure for restricting competition, limiting consumer choice, raising prices, and curtailing the opportunities of excluded workers, including many poorer persons and new workforce entrants. But more recently discontent with occupational licensure has spread broadly across the ideological spectrum, as with a Brookings study we linked in February. And now the Obama administration — citing Cato! — lends its weight with a new critique. [David Boaz/Cato, Tim Sandefur/Pacific Legal, Glenn Reynolds/USA Today, Stephen Slivinski/No Water Economists]
More: the city of Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]
Food roundup
- Tufts doc who wants to “eliminate” sweetened drinks is senior author on flawed new study on their health effects [Gil Ross, ACSH]
- Nick Gillespie interviews celebrity chef Geoffrey Zakarian (“In Praise of Free Enterprise Food”) and Whole Foods’ John Mackey. “Despite the strength of our local food movement, Kentucky joins Delaware and Rhode Island as the three most restrictive states in the country for cottage food sales.” [LEO Weekly, Louisville]
- Fears of toast-spread homebrew in remote communities: “Australia suggests Vegemite sales limit amid ‘alcohol abuse'” [BBC] More: less-sensational followup coverage h/t reader Mark N. in comments;
- You really ought to give Iowa-defiance a try: Rand Paul is latest candidate to oppose ethanol mandate [Rare]
- “Next Time Government Gives You Dietary Advice, Consider Doing the Opposite” [David Harsanyi] Multiple topping combinations + steep penalties add up to vexation for pizza makers under FDA menu labeling mandate [Savannah Saunders, Economics21; Veronique de Rugy, Reason] “Health Canada Gets it Right, While FDA Goes Further Astray, on ‘Added Sugars’ Labeling” [Glenn Lammi, WLF]
- “Federal Judge, Referencing FDA Order on Trans Fat, Permits State-Law Class Action to Proceed” [Glenn Lammi, WLF]
- Plaintiff says he bit into someone else’s gold tooth in his biscuit [Nick Farr]