Fondling Fees Expected to Double

You may soon be paying twice the price for that affectionate send-off you receive from agents of the Transportation Security Administration. The Democratic-controlled Senate Appropriations Committee has approved an increase in the one-way fee from $2.50 to $5.00, and in the round-trip fee from $5.00 to $10.00. No "two-fer" specials have been announced to date.

The author of the proposal, Sen. Mary Landrieu, D-La., said that the current fee structure only covers about one-fourth of TSA's airport security costs and that people who fly should bear a greater cost of TSA's $7.6 billion budget – rather than taxpayers as a whole.

Let's not forget that they're going to need all these funds to expand VIPER, the Visible Intermodal Prevention and Response teams, which have been increasingly a presence in metro stations, ballgames, on highways, in truckstops, and at Amtrak stations. Talk about an appropriate acronym!

Criminalizing Dissent

In First Amendment (1791-2012) R.I.P. we discussed H.R. 347, the Federal Restricted Buildings and Grounds Improvement Act, that further criminalized the First Amendment. Slate concisely summarized the new law like this.

It is a federal offense, punishable by up to 10 years in prison to protest anywhere the Secret Service might be guarding someone. For another, it’s almost impossible to predict what constitutes “disorderly or disruptive conduct” or what sorts of conduct authorities deem to “impede or disrupt the orderly conduct of Government business or official functions.”

Instead of turning on a designated place, the protest ban turns on what persons and spaces are deemed to warrant Secret Service protection. It’s a perfect circle: The people who believe they are important enough to warrant protest can now shield themselves from protestors. No wonder the Occupy supporters are worried. In the spirit of “free speech zones,” this law creates another space in which protesters are free to be nowhere near the people they are protesting.

Among others, three major upcoming events will test the impact of this new law on First Amendment activities. First comes Chicago's NATO Summit, May 20-21. The Presidential nominating conventions follow this fall, first the Republicans in Tampa, August 27-30, then the Democrats in Charlotte, North Carolina, September 3-6.

Killer Cattle Prods

According to a new report published on Monday in the American Heart Association journal Circulation, the electrical shock delivered to the chest by a Taser can lead to cardiac arrest and sudden death.

The study, which analyzed detailed records from the cases of eight people who went into cardiac arrest after receiving shocks from a Taser X26 fired at a distance, is likely to add to the debate about the safety of the weapons. Seven of the people in the study died; one survived.

The New York Times reported the statements of two prominent doctors who concurred with the results of the study.

“This is no longer arguable,” said Dr. Byron Lee, a cardiologist and director of the electrophysiology laboratory at the University of California, San Francisco. “This is a scientific fact. The national debate should now center on whether the risk of sudden death with Tasers is low enough to warrant widespread use by law enforcement.”

Dr. Robert J. Myerburg, a professor of medicine in cardiology at the University of Miami Miller School of Medicine, said that the study "had persuaded him that in at least some of the eight cases, the Taser shock was responsible for the cardiac arrests."

Jury Nullification Still Legal

I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.
Thomas Jefferson
In celebration of a recent decision that it's still legal to discuss jury nullification, I'll take this window of opportunity to dedicate a blog post to the topic. On Thursday, U.S. District Judge Kimba Wood determined that it's perfectly legitimate to encourage jurors to vote their conscience, even when that conflicts with the letter of the law. More specifically, she found that distributing pamphlets about jury nullification is not jury tampering, even in front of a courthouse.

Jurors have the authority to judge the law and may vote to acquit a defendant who is guilty of doing something that should not be a crime.

White Male Privilege

It must be nice to be a baby boomer heterosexual white man.
During an online discussion about voting, after I sarcastically recommended the lesser of two evils theory, I got this clever non-sequiter dropped in my lap.

It must be nice to be a baby boomer heterosexual white man.

My reply, although pointed, was far too brief.

Actually, it sucks. We can't blame our failures on the inequities in the system and postulate that if only we get the right people into political office they'll fix everything. We have to face the stark reality that the One Percent's idea of "equality" is to destroy the "privileged" middle class so that all the ninety-nine percent are equally disadvantaged and dependent on their largess, rather than removing the roadblocks that allow everyone to compete with those who are politically protected and achieve all they're capable of achieving.

My concept of equality does not mean we're all equally powerless to do anything without permission from the state and grateful for whatever paltry portion of our own efforts they deign to let us keep.

“Squat and cough. Spread your cheeks.”

“Turn around,” Mr. Florence recalled being told by jail officials. “Squat and cough. Spread your cheeks.”

The New York Times informs us that the Supreme Court ruled on Monday " that officials may strip-search people arrested for any offense, however minor, before admitting them to jails even if the officials have no reason to suspect the presence of contraband."

The majority opinion was written by Justice Anthony M. Kennedy, who declared "every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed."

Kennedy gave three reasons to justify routine searches — detecting lice and contagious infections, looking for tattoos and other evidence of gang membership and preventing smuggling of drugs and weapons.

The opinion of the four dissenters, authored by Justice Stephen G. Breyer, declared that strip-searches improperly "subject those arrested for minor offenses to a serious affront to human dignity and to individual privacy” and should be used only when there was good reason to do so. Breyer said jailers should have a reasonable suspicion someone may be hiding something before conducting a strip-search.

In his dissent, Breyer also pointed out that inmates in the two New Jersey jails already have to submit to pat-down searches, pass through metal detectors, shower with delousing agents and have their clothing searched.

30 Seconds to Destroy Democracy

All tyranny needs to gain a foothold
is for people of good conscience to remain silent.
Thomas Jefferson
Author's Note: Regardless of your position on the Presidential candidacy of Dr. Ron Paul, I believe you will find this attack on the democratic process profoundly disturbing. If the rule of law means nothing at the lowest levels of the political process in America, how can we expect it to have meaning at the highest? Please share this column with everyone you know. Our silence grants a foothold to tyranny.

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If you believe that democracy is still alive and well in the United States, I invite you to watch the video below. In less than 30 seconds, from the call for the vote to the closing of the convention, you'll see an attack on democracy intended to destroy the will of the people, bringing to mind Jimmy Doolittle's 30 seconds over Tokyo, intended to destroy the will of a different people. This Tireless Agorist is sure that just as the raid on Tokyo provided a morale boost for the American people, the Athens-Clarke County Republican Party establishment got a boost in their morale from believing they had successfully completed their raid on democracy.

But just as Doolittle's raid strengthened the resolve of the Japanese people, so too has this action strengthened the resolve of those who expect their voices to be heard through peaceful, democratic means and the rule of law.

California's Broken Sex Registry

Meet Joe. Joe is a convicted sex offender. He will remain on the California Sex Offender Registry for the rest of his life. His crime? Consensual sex with the woman who is now his wife. He was convicted of statutory rape, defined as lewd and lascivious acts with a child, because he had sex with his underage girlfriend.

Her parents found out about their relationship and chose to press charges. She was just shy of 16. He was 18. After his jail term, and the three-year period when they were not allowed to see each other for fear of his reincarceration, they were married. They are still married ten years later. Joe and his wife deal with the issue every day. They've had to put a restraining order on a neighbor who was constantly harrassing him. Because registered sex offenders are not allowed to live within 2000 feet of a school or a park, even finding a place to live was extremely difficult. Joe and his wife now live in a trailer park, and Joe hasn't been able to find a stable job since he was required to register.

"We're together, we're married, he did everything he was supposed to do... and it's sad to live this way. I'm scared all the time." says Joe's wife. Having been declared a victim by the state, she is still being victimized by the state ten years later.

Prohibition Fails Again

Prohibition is an awful flop.
We like it.
It can't stop what it's meant to stop.
We like it.
It's left a trail of graft and slime,
It don't prohibit worth a dime,
It's filled our land with vice and crime.
Nevertheless, we're for it.
-- Franklin P. Adams (1931)
Vice President Joe Biden, speaking to a group of Latin American leaders on Monday, demonstrated the brilliance and open-mindedness so typical of current Washington leadership when speaking of drug legalization.

It warrants a discussion. It’s totally legitimate for this to be raised. It’s worth discussing … but there is no possibility that the Obama-Biden administration will change its policy on legalization.

That's the best you've got, Joe? Really? It's worth discussing, but nothing's going to change? That's real progressive of you. Let's look at a few facts, since you've at least admitted that the topic is legitimate and worth discussing, shall we? Here's a nice, concise summary of my position, courtesy of The Future of Freedom Foundation.

Drug prohibition has made criminals out of otherwise law-abiding citizens, cost the taxpayers hundreds of billions of dollars, made drugs more dangerous, created powerful criminal syndicates, increased violent crime, corrupted law enforcement at all levels, and expanded the size and scope of government.

Hijacking the General Welfare Clause

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. - Preamble to the United States Constitution

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; - Article I, Section 8, Clause 1 of the United States Constitution

It is held as common wisdom, and even as a matter of law, that the "general welfare," as expressed in the Constitution, provides justification for the federal government to involve itself in any area of society which it so desires. Although the Supreme Court has ruled with that understanding for nearly 80 years, as with so much common wisdom, the story is much different when closely examined.

First Amendment (1791-2012) R.I.P.

Lady Liberty, in her guise as the First Amendment to the United States Constitution, and specifically "the right of the people peaceably to assemble," has been dragged to the gallows by the Senate, the rope placed around her neck by the House of Representatives, and awaits only the President's signature to drop into the abyss of history.

On February 6, the Senate passed S.358 by Unanimous Consent, moving it on to the House of Representatives, where it became H.R.347.¹ On February 27, it passed the House by a vote of 388-3.

The only "no" votes were from Reps. Justin Amash (R-Mich.), Paul Broun (R-Ga.), and Keith Ellison (D-Minn.). Forty-two Representatives were absent for the vote.

The bill makes it a federal offense to enter a building or grounds without permission or with the intent to disrupt a government function if "the President or other person protected by the Secret Service is or will be temporarily visiting" or if said area is "restricted in conjunction with an event designated as a special event of national significance."

Shouting and/or waving signs of protest can easily be construed as disruptive conduct.

You Might Be a Terrorist If...DHS Edition

Having apparently learned absolutely nothing from the Missouri Information Analysis Center fiasco of 2009, when their report "The Modern Militia Movement" leaked and stank up the blogosphere for a while, the Homeland Security Science and Technology Human Factors/Behavioral Sciences Division (now that's a great bureacracy name, isn't it?) has issued a report titled Hot Spots of Terrorism and Other Crimes in the United States, 1970 to 2008.

Of course, the fact that it's 2012 doesn't speak too well as to the timeliness of the report. But give them a break, they're a massive bureaucracy, after all, and can't be expected to react to myriad threats in a timely manner.

The report is actually produced by START, otherwise known as National Consortium for the Study of Terrorism and Responses to Terrorism, based at the University of Maryland. Aren't those government acronyms cute?

After a thorough reading I am now completely convinced that the authors were paid by the word (why else all the redundancy and round-about modes of expression?) and per scholarly cite, as well as a hefty bonus for colorful charts and graphs.

I think this report is certainly worthy of reasoned, scholarly analysis in the manner of Jeff Foxworthy, so to that I dedicate these humble efforts. Now remember, after reading each of these bullet points aloud, you should encourage those around you to join you in the chorus: "you might be a terrorist!" It will provide the most entertainment if you read it in a library, on public transportation, or beside an open window in a crowded apartment or office complex.

Whitney Houston - Drug War Victim

It was no secret to anyone that Whitney Houston had a major drug problem. If drug abuse were treated like any other illness, family and friends would have encouraged her to check herself in for treatment and stick with the recommended regimen just as anyone faced with a life-threatening disease is prone to do, and perhaps she would have taken to heart the magnitude of her disease.

Instead, we've made criminals out of drug users, and consequently, out of addicts who are in the grip of a disease they can't fight on their own. The poor ones end up overdosed in an alley somewhere, but the rich ones earn an outlaw cache, an attitude that some have expressed as "I don't have a drug problem. I can afford all the drugs I want."

As long as we have a criminal attitude toward drugs, we're going to treat drug addicts as criminals, the rich ones will achieve outlaw status, and we're going to continue to lose people with an illness because as a society we treat them like criminals.

It's reminiscent of the early days of AIDS, when the assumption was that if you got AIDS you were engaging in illicit if not illegal behavior. The stigma that created in the minds of the public delayed serious response to the AIDS crisis and cost the world dearly. Yet today we invest drug use with the same stigma and fail to see that it's costing us much more than AIDS ever did, in sheer volume of victims alone.

RIP, Whitney. You chose the path you chose, but we failed you as a society as well. You were ill, but we invested you with outlaw chic and splashed your illness across our media, treating it as entertainment. Perhaps we should have listened when you sang.

Everybody searching for a hero
People need someone to look up to
I never found anyone to fulfill my needs
A lonely place to be
So I learned to depend on me

...and that's all I have to say about that.

Bipartisan Bird of Prey Claims Judge Nap

Judge Andrew Napolitano's Freedom Watch, "the best damned daily libertarian news & argument show in the history of television (name a better one!)," as Reason magazine described it, was cancelled today by Fox Business Network. The Judge will still appear on Fox Business as a legal consultant.

In memorium, this Tireless Agorist will step aside for this column, and let the Judge speak to us through one of his best five-minute editorials ever, Bipartisan Bird of Prey. Video first, followed by a transcript, for those who'd care to follow along or read it later.

More of Judge Nap's Freedom Watch is available here.

House Republicans: Frack Transparency

Let's jump right in with some coverage from the Huffington Post.

"WASHINGTON -- In a stunning break with First Amendment policy, House Republicans directed Capitol Hill police to detain a highly regarded documentary crew that was attempting to film a Wednesday hearing on a controversial natural gas procurement practice [called fracking]."

In my naivety, I had always assumed that these hearings were public. I know they occasionally invoke "National Security," but that's the exception to the rule. It's called "The People's House," after all. Why should our employees have any authority to keep us from watching over their shoulder? That's the whole reason for CSPAN's existence, when you get right down to it.

Who's afraid of a camera, after all? It's not like it throws lumps of lead around the room at deadly and earsplitting velocities, or sends electric shocks through the people in the viewfinder, or causes them to cough and gag as their eyes water. It's a benign and passive device. But that's apparently not the viewpoint of our legislators.

Libertarians - The True Pragmatists

Libertarians have long been regarded as impractical dreamers, slaves to a political philosophy of no real-world value. The practical, or pragmatic view, they are told, is that government serves crucial purposes in today's complex world, and that compromising our ideals is a necessity for the survival of our society. Careful observation, however, demonstrates that libertarians (and other small-government groups) are the pragmatists, while those who believe in the benefits of big government are the impractical dreamers. There is a cornucopia of evidence to support this simple observation.

The Lesson of Athens, Tennessee

“An idea whose time has come cannot be stopped by any army or any government.” -- Ron Paul

On January 28th, the Tennessee Republican Assembly Presidential straw poll was won overwhelmingly by Ron Paul, who garnered 63% of the votes cast. Rick Santorum finished second, with 20% of the vote. Later that day, the Tennessee Republican Assembly leadership announced their endorsement of Rick Santorum for the Republican Presidential nomination. No mention was made that Rick Santorum has no delegates on the Tennessee primary ballot, his ground game an utter failure in the state.

Author's Note: I generally endeavor to use only commonly-recognized mainstream media outlets as news sources in my articles. However, research shows that those sources have been silent concerning the Tennessee Republican Assembly straw poll, their endorsement, and the controversy surrounding it.

The Tennessee Republican Assembly leadership is apparently unfamiliar with their own state history, at least as it pertains to Athens, Tennessee and 1947.