- Authorities arrested man who stood in front of courthouse passing out leaflets encouraging jury nullification. Michigan Supreme Court should uphold his First Amendment rights [Clark Neily and Jay Schweikert on Cato Institute brief in Michigan v. Wood, earlier here, here, and here]
- Also on the topic of jury nullification, is that an appropriate metaphor for things happening with the Senate and impeachment? [Jim Galloway, Atlanta Journal-Constitution, quotes me]
- In 2018 an Eleventh Circuit panel green-lighted a suit claiming that it was unconstitutional for Alabama to enact a law pre-empting Birmingham’s local enactment of a higher minimum wage, on the claim that the white-led state lawmaking majority had acted with the purpose and effect of injuring African-Americans, who (it was argued) were more likely to be beneficiaries of the wage mandate. Now the full circuit en banc (over a dissent) has dismissed the case on standing grounds without deciding whether disparate racial impact can taint otherwise neutral laws [Lewis v. Governor of Alabama]
- New California law CCPA, promoted as giving consumers the right to see and delete their data, results in users being required to yield up more data and creates new security risks [Kashmir Hill, New York Times via Gus Hurwitz (“anyone who didn’t see this coming shouldn’t be in the business of writing laws”)]
- Wasatch Brewery’s Polygamy Porter (“take some home to the wives”) is deemed okay by regulators in its own state of Utah, but is too naughty for their counterparts in North Carolina [Hayley Fowler, Charlotte Observer]
- Symposium on “The Politicization of Antitrust” with Luigi Zingales, Alec Stapp, and others [Truth on the Market] And “The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals” with Makam Delrahim, Maureen Ohlhausen and others [Federalist Society National Lawyers Convention]
- “Utah poised to outlaw mentioning people’s names online with intent to ‘abuse’ or ‘harass’” [Eugene Volokh]
- In win for Paul Alan Levy, Eugene Volokh & co., filer of fake R.I. lawsuits aimed at search engine takedown agrees to settle [Consumer Law & Policy, earlier]
- Activists shut down speech at Ontario university by criminal defense lawyer who helped CBC radio host beat sex-assault rap [David Millard Haskell, Toronto Star; Wilfrid Laurier University, Brampton invitation to Danielle Robitaille] More: Richard Reeves and Dimitrios Halikias, Brookings on Middlebury case and the “bad news for free speech.” Related: [walks to window, closes blinds as if somehow to keep Christopher Hitchens from seeing what has happened to Slate]
- North Carolina law prohibits released sex offenders from using Facebook, other social media. Consistent with First Amendment? [Packingham v. North Carolina at the Supreme Court: Cato amicus brief and Ilya Shapiro/Devin Watkins blog post, Federalist Society preview and oral argument podcasts, Issie Lapowsky/Wired]
- Featuring Frank Buckley, Robert Corn-Revere, and Flemming Rose, John Samples moderating: “Cato Panel Discusses Free Speech, Media, and Trump” [Campaign Freedom] And while on the topic of libel laws: “TechDirt deserves a vigorous defense.” [Eric Turkewitz, earlier]
- “Another Convicted Felon Tries To Use The DMCA Process To Erase DOJ Press Releases About His Criminal Acts” [Tim Cushing, TechDirt]
- “May employer fire employees for defending themselves (or others) against violent customers?” Dissenting Judge Lee has better view in Utah case [Eugene Volokh]
- “You have to ignore many variables to think women are paid less than men. California is happy to try.” [Sarah Ketterer, WSJ]
- U.S. Department of Labor has agreements with eleven countries to teach immigrant workers about U.S. labor laws “prior to and after their arrival” [Sean Higgins, Washington Examiner]
- “Why is Harrisburg paying a police officer who hasn’t shown up for work in 25 years?” [PennLive] Cf. Former Nashville cop says he “didn’t really want to” go on disability pension 27 years ago, “but it was either that or get fired” [Nashville City Paper back in 2010]
- “A White House forum for your whiny employees? Yup, this is a real thing, and you should pay attention.” [Jon Hyman]
- Minneapolis charity canvassers: “The Wobblies just won a big independent contractor case at the NLRB” [Politico “Morning Shift”, Jon Hyman]
- On widely reported decline in labor share of U.S. income, mind this little-reported asterisk [David Henderson, Timothy Taylor]
- Mach Mining v. EEOC: unanimous SCOTUS, Kagan writing, agrees courts can hold EEOC to legal duty of pretrial conciliation, but prescribes narrower review than employer asked, with no commission duty of good-faith negotiation [Maatman et al; earlier on case here, here, and here; earlier from me on EEOC record of frequent losses in court]
- New “ambush election” rules: “Your Privacy Has Just Been Compromised, Thanks To Obama’s NLRB” [Labor Union Report]
- U.K. controversy parallels ours: “Banning unpaid internships will harm, not help, the disadvantaged” [Andrew Lilico, IEA]
- “U.S. signed agreement with Mexico to teach immigrants to unionize” [Sean Higgins, Washington Examiner]
- Another view on bias-law “Utah compromise” [Dana Beyer, Huffington Post; my critical view]
- Advice to employers: “OSHA is not your friend. It is not there to give you an atta-boy on workplace safety. It is there to find violations and levy fines to make money for OSHA.” [Jon Hyman]
- “CA: Failing to Pay Prevailing Wages May Be Intentional Interference with Prospective Economic Advantage” affording competitors a cause of action [Garret Murai via TortsProf]
Following the furor over RFRA (Religious Freedom Restoration Act) legislation in Indiana and Arkansas this week, I’ve got a new piece in today’s New York Daily News on the emergence of American business as the most influential ally of gay rights. Links to follow up some of the quoted sources: Reuters on Walmart, Tony Perkins/FRC on pieces of silver, Dave Weigel on how public opinion in polls tends to side with the small business owners. I wrote last year on the Arizona mini-RFRA bill vetoed by Gov. Jan Brewer.
On the social media pile-on against a small-town Indiana pizzeria, see also the thought-provoking column by Conor Friedersdorf (more, Matt Welch). Also recommended on the general controversy: Roger Pilon, Mike Munger/Bleeding Heart Libertarians, and David Henderson on freedom of association, David Brooks on getting along, and Peter Steinfels on liberal pluralism and religious freedom.
Relatedly, Cato has now posted a podcast with my critical views (earlier) of the “Utah compromise” adding sexual orientation as a protected class while also giving employees new rights to sue employers over curbs on discussion of religion and morality in the workplace (h/t: interviewer Caleb Brown). For a view of that compromise more favorable than mine, see this Brookings panel.
Gov. Gary Herbert (R) has signed into law an expansion of Utah’s anti-discrimination law following what’s being billed as a historic compromise between gay rights advocates and the Church of Jesus Christ of Latter-Day Saints. Unfortunately, as I argue at the Daily Beast, both halves of the compromise are bad news for individual liberty and freedom of association in the workplace. Excerpt:
As I noted at the Cato Institute’s website a while back, these laws “sacrifice the freedom of private actors—as libertarians recognize, every expansion of laws against private discrimination shrinks the freedom of association of the governed.”
That’s the familiar half of the story. What’s new about the Utah Compromise is that it adds completely new restrictions on employers’ rights to keep the workplace focused on work as opposed to religious or moral debate. In particular, it allows employees to sue on a claim that they were fired or otherwise treated poorly for talking about religion or morality in the workplace, at least if they were doing so in a way that was “reasonable” and didn’t interfere with the employer’s “essential” business interests.
When an employee then begins treating customers or co-workers to unasked-for disquisitions about religious or moral matters, it will apparently be the state of Utah—rather than, as now, the folks in human resources—who will have the final say as to whether the topic is “similar” to others on which discussion had previously been allowed, and whether the proselytizing or reproachful comments taken as a whole were “reasonable” or by contrast “harassing or disruptive.”
And I conclude:
It’s not clear whether anyone was at the table speaking up for employers’ rights and interests during the Utah negotiations. It’s a lot easier to reach what’s hailed as a historic compromise if you can do so at the expense of absent third parties, isn’t it?
- Fairfax County, Va. finally releases file on police shooting: contradicting fellow officer’s account, three cops say homeowner had hands up when shot [Washington Post, earlier here and here] “11,000 pages of court documents released on a Friday night, almost a year and a half after the shooting” [@markberman]
- New York Gov. Cuomo pocket-vetoes bill that would have further insulated unionized cops from discipline [E.J. McMahon, Empire Center]
- Police use of force is on the decline [Steve Malanga, City Journal]
- Utah bill would significantly reform no-knock police raids, bringing law back closer to common-law knock-and-announce standard, while Georgia bill would do less [Balko, Jacob Sullum, Scott Greenfield]
- “Even Small Towns Are Loading Up On Grenade Launchers” [Joseph Bottum, The Federalist] Charting the growth in MRAPs, militarization [Brent Skorup and Andrea Castillo, Mercatus via Balko] Investigative story on use of flashbang grenades [Julia Angwin and Abbie Nehring, ProPublica] Earlier on militarization here, here, here, here, here, here, etc., and generally here.
- The New Yorker looks into the shooting of a mentally ill man in his home by Albuquerque police [Rachel Aviv] Same town: “Albuquerque prosecutor indicts cops, immediately faces repercussions” [Balko, Greenfield]
- “Time for a Police Offenders Registry: A police job is a privilege, not a right” [Ed Krayewski]
- More from Jonathan Blanks at Rare: “police practice, and not the law, should be the focus of reform“; when police lie about use of force.
- “It is one of the first times that two big craft brewers have been in a lawsuit against each other.” [San Francisco Chronicle]
- Hee hee: poll finds more than 80 percent of public favors “mandatory labels on foods containing DNA,” cf. comparable polls on GMO labeling [Ilya Somin]
- Chicago crackdown on paid private dinner parties comes after Michelin awards two stars to local restaurant that started that way [Illinois Policy]
- “Is Foodborne Illness on the Rise?” [Baylen Linnekin]
- “The Queens’ Tea in Salt Lake City sued by another queen over name” [Salt Lake Tribune]
- Virginia legislator’s bill would end inspection of home kitchens used to produce food for direct sale [Watchdog, earlier on “cottage food” laws, related E.N. Brown]
- “There’s a very simple reason you don’t find favors in king cakes anymore: We have too many lawyers in America” [WSJ, earlier]