“Federal asset forfeiture continues to skyrocket under Obama”

No mercy to errant vehicles, bank accounts, pharmacy shelves or medical marijuana dispensaries: “The Justice Department’s asset forfeiture fund under President Obama is the largest it’s ever been, having grown from $500 million in 2003, to $1.8 billion in 2011, according to a new report from the GAO.” [Mike Riggs, Reason]

P.S.: Scott Greenfield on rational forfeiture in Chicago.

U.N. Convention on the Rights of Persons with Disabilities

President Obama, along with a number of Senators and longtime ADA advocates, have urged rapid Senate ratification of the United Nations Convention on the Rights of Persons with Disabilities, hailed in some quarters as an “international ADA”. Sen. Jim DeMint and other senators have objected to the super-fast-track proposed ratification schedule, arguing that the measure might affect the rights of homeschooling families caring for disabled children and that, in general, opponents deserve a right to be heard. If Senators take a closer look at the ambitious views of the treaty held by various disabled-rights and international-law advocates — one advocate says it could revolutionize the legal rights of the mentally ill, for example — they might find further reasons for caution. [hearing]

Free speech roundup

  • Libel law might paradoxically increase job security of ABC’s much-criticized Brian Ross [Mickey Kaus]
  • “If you want to publicly criticize Argentina’s government, make sure all your tax filings are in order.” [NYT via Caron]
  • Pentagon Papers case, Meyer v. Nebraska included: “Top ten libertarian Supreme Court decisions” [Damon Root, Reason]
  • Criticizing Thai royalty? “Lèse Majesté: 16th Century Censorship Meets 21st Century Law” [Marie-Andree Weiss, Citizen Media Law]
  • “Government can’t censor book promotion”: Cato files amicus brief in Trudeau diet-book case [Ilya Shapiro and Kathleen Hunker, Cato; related]
  • “I was sued for libel under an unjust law” [Nature reporter Quirin Schiermeier, UK, via BoingBoing]
  • Florida seen as worst of many states (even worse than Pennsylvania?) at discouraging SLAPP suits [Marc Randazza, Citizen Media Law]

Chicken scraps

  • I joined hosts Mark Newgent and Andrew Langer of RedMaryland on their BlogTalkRadio show Monday evening to talk about the Chick-Fil-A furor, the efforts of politicians in Boston and Chicago to use regulatory permissions to push the company around, and the resulting lessons for political and economic freedom; I went on to discuss my efforts to rally opinion in favor of Maryland’s new same-sex marriage law. You can listen here or here (UStream).
  • Relatedly, here is Ted Frank’s comment: “Every chicken sandwich you don’t buy deprives anti-gay organizations of approximately $0.0001. Probably less than that. Or, you can do what I did and donate some real money that might actually make a difference to [Marylanders for Marriage Equality] to campaign about the gay marriage initiative on the ballot in that state.”
  • “Unwise…won’t work.” The New York Times, oft indignant on other topics, seems rather tepid in criticizing the various city halls’ attacks on speech;
  • No united flock: the restaurants in question, many run by strong-minded independent franchisees, seem to be politically a various bunch themselves.
  • Speaking of non-united flocks, I think the ACLU’s Illinois affiliate may have a thing or two to teach its Massachusetts affiliate. Following the Chicago alderman’s threats to block the restaurant, ACLU of Illinois attorney Adam Schwartz was both forceful and correct: “what the government cannot do is to punish someone for their words. … We believe this is clear cut.” On the other hand, Carol Rose of the ACLU of Massachusetts strangely dismissed the Boston controversy as “little more than a war of words – which is protected by the First Amendment as core speech,” as if the Mayor had merely subjected the sandwich chain to a volley of verbal abuse, without more. Perhaps Ms. Rose wrote the piece while glancing only at Mayor Menino’s official letter to Dan Cathy, which stays generally within “war of words” territory, and was unaware of the July 20 coverage in the Boston Herald, which quoted Menino thus: “If they need licenses in the city, it will be very difficult — unless they open up their policies.” That’s no more a mere “war of words” than “If you run that editorial, I’ll have you arrested.”
  • More coverage: Tom Palmer Cato podcast; Hans Bader of CEI First Amendment analysis; David Boaz, Roger Pilon and Brad Smith at Politico; must-read Glenn Greenwald column; earlier here, etc.
  • And: “By handing Chick-fil-A a valid grievance, Menino and his ilk rallied popular support for the company” [Josh Barro, Boston Globe]
  • Yet more: Pressure group friendly to Chicago alderman filed antidiscrimination complaint based on chain execs’ speech [Volokh; HuffPo (“negotiation”)] Some further thoughts on where the First Amendment’s relevant in the whole affair, and where it isn’t [Jim Huffman, Daily Caller]

NRA versus property and contract rights

As a strong defender of the Second Amendment, my views more often than not align with those of the National Rifle Association, so I’m especially disappointed to see the NRA stepping up its campaign against other important elements of liberty, specifically the property- and contract-based liberty of employers to insist (if they so wish) that employees not bring guns to company premises, including parking lots. My Cato colleague Roger Pilon lays out the issue and rightly upbraids chief NRA lobbyist Chris W. Cox (not the former California Congressman) for misunderstanding the constitutional issues. Earlier on the NRA’s blind spot here, here, and here (with reader disagreement). [Corrected to fix misidentification of Cox]

Politics roundup

  • Vice President Biden raises at least hundreds of thousands of dollars at AAJ annual convention in Chicago [PoL] Romney’s law and legal policy team [Brian Baxter, AmLaw Daily]
  • Law star Ted Cruz advances toward Senate [David Lat, AtL]
  • Can Republicans make hay out of Democrats’ platform endorsement of same-sex marriage? New Pew poll, as well as May polling round, offers reasons to doubt that [my new post at Maryland for All Families]
  • “Why Citizens United Has Nothing to Do with What Ails American Politics” [Ilya Shapiro, The American, more]
  • Bridgeport mayor Joseph Ganim, of gun-suit fame, a step closer to getting law license back after serving 7-year prison term for corruption [Courant] Eight more indictments as the Connecticut corruption scandals roll on [Conn Post]
  • Rob McKenna’s star on rise in Washington; he’s pursued public-liability reform as the state’s attorney general [Daily Caller, earlier]
  • Bypassing public financing, West Virginia judicial candidates pour their own injury-law fortunes into races [Richie Heath, Charleston Daily Mail]
  • “How hot is it in DC today? Congressman Paul is using a paper money substitute because his actual money melted.” [Tim Carney]