Civil Rights Victory in Indiana

Congratulations Hoosiers… due to a state Court tof Appeals ruling, the police can no longer point a gun at you for no reason:

“Reinhart gave no indication that he was armed or dangerous,” Crone wrote. “Nevertheless, with the laser sight of Deputy’s Coney’s gun prominently fixed on him, Reinhart was ordered first to kneel with his hands behind his head for a period and then lie face down on the ground for an additional period of time while waiting for the second police officer to arrive. Reinhart was then handcuffed before he was searched twice. We believe that a reasonable person in Reinhart’s position would not have believed himself to be free to leave but instead would have considered his freedom of movement to have been restrained to the degree associated with a formal arrest.”

They threw out his conviction because his arrest was unlawful, and the subsequent evidence was fruit of the poisonous tree. I’m happy to note, also, that this was a unanimous decision. Good. It would have been kind of scary if any judge thought it was fine for the police to wave guns around willy nilly at the citizenry.

Several Food Freedom Issues

Bitter notes over at her gun-blog-turned-food blog how Bloomberg is being two-faced about food control, and also that home brewers in Oregon are getting screwed by a bureaucratic ruling that’s just destroyed a good part of their community. Now they know how gun owners and shooters feel. Bureaucrats in this country are out of control. One thing I would suggest for fixing this problem is rediscovering a very strong non-delegation doctrine.

Food Control, Out of Control

After we slay the gun control dragon, food freedom may end up being my next pet issue. If the Government can control what you eat, any freedom you may think you have is an illusion. Much like having the means to protect one’s own life and liberty, having a freedom to eat foods of one’s own choice is fundamental. We might have to rename the blog “Don’t Eat the Yellow Snowflakes” with a tagline “Or Uncle Sam Will Shoot You.” It’s for your own good, you see.

Now it looks like the ATF is going to make sure everyone knows beer is bad for you, because if they don’t, FDA will, and we can’t have one out of control federal bureaucracy stepping on the turf of another out of control federal bureaucracy now, can we? At least one former inside the beltway blogger thinks that the GOP is utterly powerless to help us in this regard:

A big part of my thinking in coming to DC was to try and help to create a synergy between the Right on-line and the establishment GOP. I had hoped to forestall anything like an insurgency from the Right by finding common ground. What I didn’t realize is that today’s GOP is interested in no such thing. It can’t hear anyone outside the Beltway echo chamber and isn’t interested in listening to them even if they could.

Of course they aren’t interested. They are part of the problem too. As another blogger notes, the only way you can change anything is by getting folks back home fired up — you need a real grassroots movement:

What every Blogger should do, is get to know their local GOP clubs and Central Committees, and if time and distance permits, their County clubs too.  Don’t just figure in publicity, but figure out other ways to expand your club (or committee’s) reach.  Funds matter.  Knowing your County history and voting numbers also matter. […]

To make the RNC understand Bloggers and Tea Partiers, we have to crack County and State levels first. By the time of Election 2012 and 2014, we will become the establishment.

That’s likely what it’s going to take to change anything. But there is another model other than working through the political parties, and that’s working through single-issue interest groups that help channel grass roots efforts politically — basically the NRA model. That’s one thing the various “food lobby” groups have so far failed to understand. From the Belmont Club:

If sugary drinks become the new cigarettes the American Beverage Association bids fair to become the new Big Tobacco bogeyman. Wikipedia writes: “fighting the creation of soft drink taxes, the American Beverage Association, the largest US trade organization for soft drink bottlers, has spent considerable money to lobby Congress. The Association’s annual lobbying spending rose from about $391,000 to more than $690,000 from 2003 to 2008. And, in the 2010 election cycle, its lobbying grew more than 1000 percent to $8.67 million. These funds are helping to pay for 25 lobbyists at seven different lobbying firms.”

They can spend all the money they want, but without votes to reward the supporters of food freedom, and punish the food nanny’s, lobbyist aren’t going to help all that much. What’s most likely to happen, realizing the futility, the industry will actively acquiesce to regulation, then realizing it can game the system to entrench the major players at the expense of upstarts, will engage in regulatory capture.

This is not inevitable; we’ve largely saved guns from this fate. We’ve not saved the industry from regulation, but firearms regulation has not, generally, resulted in a contraction of the industry into the hands of a few big players, and to a large degree, manufacturers are still allowed to design and market guns within a fairly broad regulatory framework. That might sound fantastic, but in comparison to the requirement for operating a pharmaceutical company, gun manufacturing is regulatory cake.

The big problem we have is honestly not from the left, but from conservatives and libertarians themselves. The problem is, to make an effect in politics requires collective action — something libertarians are very poor at. Collective is one of those dirty commie words, after all. People on the left are much more willing than libertarians and conservatives to put aside their personal agendas for the sake of the greater good, and for the sake of their cause. That’s why they are very effective at getting Government to do what they want. There’s a certain amount of selfishness that drives libertarian thought, but that becomes a barrier when it comes to convincing people that self-interest can be a good thing for a whole as well. That’s a paradox we’re going to have to figure out if we’re going to beat back leviathan.

Looks Like a First Amendment Violation to Me

A judge in Center County, PA has ordered a newspaper to remove news articles from its archive due to the expungement of those records. This seems like a pretty straightforward constitutional violation to me. Eugene Volokh posted about this yesterday, and noted:

In addition to being substantively unconstitutional speech restrictions, the orders were also probably procedurally deficient, since it sounds like the newspapers were never given an opportunity to appear in court before the order was issued (and the judges didn’t find any extraordinary circumstances that justified a temporary restraint in the absence of notice to the newspapers). Thanks to Richard Lyon for the pointer.

Not much seems to get by the Volokh Conspirators. When Bitter was telling me this story on the way in I was excited that I might actually have something interesting to send their way, but already taken care of it seems. Capitol Ideas is covering it too.

A Reminder

This has been a big news day.

As Sebastian mentioned, Ruth Bader Ginsburg’s husband died yesterday. In the Senate, Robert Byrd died this morning. Certainly, these two events have added an obvious weight to today’s proceedings. Sen. Orrin Hatch’s words about the Ginsburg family were very sweet, and Sen. Jeff Sessions had a pretty funny story about Byrd doing a Friday morning floor speech lamenting how textbooks weren’t teaching the difference between a republic and a democracy.

Elena Kagan’s hearings started at 12:30, and I’m tuning in to cover them while Sebastian sticks with McDonald. Sen. Sessions has already brought up that Kagan’s previous work put her on the wrong side of history today. Regardless of what any gun groups do, I think the strength of the opinions issued today will make this a red meat issue for the Republicans. That’s actually a good thing. We don’t have to use any political capital, yet it remains a big issue. It really help drives home that the Second Amendment is becoming an 80% issue. That means we can use our political capital on other fights – specific policies, defeating candidates, and winning reforms legislatively.

Another Chicago Civil Rights Case Brewing?

Chicago is already facing a Second Amendment suit. Now, via Thirdpower, it would seem they have grounds for a First Amendment suit as well. If Daley is behind the cancellation, they can file a federal civil rights lawsuit against him as well. We have such a thing as law in this country, and Dick Daley is not above it, no matter what he may think.

DISCLOSE Voting Happening Soon

For once I am going to join with the Brady Campaign in opposing a piece of legislation in the form of the DISCLOSE act. The vote on DISCLOSE is going to be today. It’s important that we light up the switchboards if we want to stop this. You can find contact information here. It will be a huge embarrassment too Pelosi and the White House if this goes down to defeat.

More Crap From the “Family” Groups

For those who believe these people are about freedom, think again. See this media release from GOProud:

(Washington, D.C.) – Today, GOProud, the only national organization of gay conservatives and their allies, responded to attacks from the anti-gay Family Research Council (click here and here). “Over the last week, the Family Research Council has shown its true colors – attacking GOProud for working with the National Rifle Association and Gun Owners of America to protect 2nd Amendment rights, attacking GOProud for supporting cutting taxes on American families, and for supporting the free market healthcare reform proposal offered by Senators Richard Burr (R-NC) and Tom Coburn, M.D. (R-OK),” said Jimmy LaSalvia, Executive Director. “These attacks make it clear the Family Research Council doesn’t care one iota about the conservative agenda.”

I’m not speaking of individual conservative Christians. I know many, and they believe in small government and individual freedom. They understand what free will means. But the groups that claim to speak for them have become bastions of big government, and now are criticizing our promotion of the Second Amendment as a right of all Americans, no matter what their color, creed or persuasion:

Equalize “concealed carry reciprocity” amendment with gay rights via state rights. Support guns being carried and recognized across state lines, in order to further the agenda that gay marriages legal in only a few states be recognized legally in all. (July 2009)

Get that? National reciprocity is part of a homosexual conspiracy to get gay marriage legalized. Please don’t anyone tell Rep. Metcalfe that!

Texas GOP Still Running Scared from Gay Cooties?

I’ve had a few people send me this article from the Raw Story. Not really the raw story, because these passages are cherry picked from a very long document, and a are a bit distorted. For instance, it would only be a felony for officials to issue a marriage license to same sex couples. Gay marriage itself would not be a felony. But nonetheless, there is this:

We believe that the practice of homosexuality tears at the fabric of society, contributes to the breakdown of the family unit, and leads to the spread of dangerous, communicable diseases. Homosexual behavior is contrary to the fundamental, unchanging truths that have been ordained by God, recognized by our country’s founders, and shared by the majority of Texans.

Read the whole sorry section. Really guys? When this was what the debate was about the Democrats were kicking our asses all over creation. The polling for these kinds of issues is looking increasingly favorable to Democrats, especially for younger people.

It’s one thing to oppose gay marriage. This is a safe position for the time being, and has to do with state power rather than individual liberty. But standing in favor of criminalizing sodomy, cracking down on porn, gambling, and using the FCC to crack down on that which the Christian right finds offensive? Explain to me what these things have to do with promoting individual freedom and encouraging small government? That’s right, exactly nothing.

God help the GOP if the Democrats actually learn something from the beating they are about to take this election.