Lens of Liberty: Recent Episodes
Radio America
Everything you need to know about this year’s midterm elections.
On this week’s special edition of Liberty Nation Radio, we tackle who’s on top in the run-up to the midterms, what’s happening with minority voters, and make some bold predictions.
Seg 1 – Midterm Voters Not Feeling the Democrat Love – with Tim Donner and Graham J. Noble
Seg 2 – Midterm Predictions and Beyond – with Tim Donner and Graham J. Noble
Seg 3 – Midterm Elections – The Minority Report – with Jeff Charles and Sarah Cowgill
Seg 4 - Clarence Thomas Scuttles the Affirmative Action Ship – with Scott D. Cosenza
Thousands of charities, from international organizations to local churches, raise
money through silent-auctions, often featuring gift baskets donated by supporters.
Those gift baskets frequently include bottles of wine, beer, or other spirited prizes.
But it turns out that in many States the liquor laws prohibit such gift baskets,
especially in places like churches or community centers that have no liquor license
– even if the bottles remain unopened. The legislature in one state, Colorado, is
about to repeal that old law, and leave charitable fund-raisers free to do their best
for their good causes. Many of these legislators have looked through the lens of
liberty, and realized that fund-raising strategies of non-profit organizations are not
the government’s business. But many states still require permits and fees for such
events. If your State is one of them, it’s time for you to act.
A couple I know was sitting in their hot tub, in the privacy of their secluded back
yard, when suddenly a man with a clipboard came wandering onto their patio,
looking around and taking notes. They asked what he was doing, and he identified
himself as an inspector from the Homeowner’s Association. He claimed the right
to go anywhere on any property, with or without the owner’s permission, anytime
he wants. But these homeowners look through the lens of liberty, and they
understand their right to privacy, enshrined in the Bill of Rights. They know that in
America, all governments – including local homeowners associations – only get
power from the consent of the governed. If your right to privacy doesn’t matter to
you, it certainly doesn’t matter to anyone else – what have you allowed in your
neighborhood?
A friend, struggling to make ends meet, found that he could rent his spare room by
the night, and earn a nice supplemental income. But he also found out there are
rules about competing with hotels. Cities from New York to Denver have started
adopting rules to stop such practices – not because there is any danger to public
safety, but because Air B-n- B has become serious competition for hotels, just as
Uber competes with taxis. Many tourists enjoy staying at bed-and- breakfasts, and
traveling is a different experience when you get to know your hosts, in their
homes. We understand why hotel chains may be threatened by such competition,
but a look through the lens of liberty tell us this is not the government’s business.
Such favoritism limits your choices, but if you don’t defend your right to stay
wherever you want, who will?
Many of us share great memories of eating ice cream in the park, one of the great
pleasures of summer. But we’ll have no more of that in Boulder, Colorado. The
city has now banned ice cream as an option for vendors in all the local parks.
That’s because the ice cream bars that were being sold come in larger sizes, and
have higher sugar and fat content, than is allowed under the City’s latest nutrition
guidelines. Those rules apply to all ice cream, but also to nuts, chips, packaged
fruits, cereal, cookies, pudding, and all other snacks. Should city governments even
have rules for such things, or should we all look through the lens of liberty, and
insist that such regulations be withdrawn? We can decide for ourselves when and
where we want to enjoy ice cream.
New York is famous as the “city that never sleeps,” but be careful what you do after
hours. There are 26,000 bars and restaurants in New York City, but if you enjoy
live music, singing, or dancing, you could be breaking the law. That’s because a
Prohibition-era law still forbids three or more people from dancing, anyplace
where there is “musical entertainment.” Any exceptions require an expensive city-
issued license that very few businesses actually have. Instead of looking through
the lens of liberty, city officials still go to court to defend that old “cabaret law.”
In one recent case, they argued that “there is no protected First Amendment right
of expression to engage in recreational dancing.” We should tell our officials they
have no right to regulate us, if we want to dance the night away.
I see protests on TV and sometimes wonder if the demonstrators even understand
what they’re protesting. Now, a report by the National Association of Scholars,
says many university courses aimed at understanding the American system, have
been replaced by vocational classes on how to undermine it. Instead of teaching the
foundations of constitutional law, individual freedom, and self-government, these
new courses now teach how to organize protests, occupy buildings, and stage
demonstrations. Americans citizens have always enjoyed the right to protest
policies with which they disagree. But looking through the lens of liberty is a
vital first step, in understanding the very system that guarantees the right to protest.
Without that basic understanding of our founding principles, students are actually
being cheated of the opportunity to be full participants in our republic. They
should protest that!
On Halloween, thousands of college students attend costume parties, the bizarre
attire being part of the fun. But this year they found the “PC police” in charge on
campuses across America. One university said it didn’t matter if students admired
Pocahontas, or if Prince was their favorite singer – minority students were allowed
to wear such costumes, but white students could not. Desperate to avoid offending
anyone, dozens of colleges posted such rules. One advises against “traditional head
wear from other cultures,” while many others simply tell students not to wear
costumes representing a culture that is not their own. Well, that certainly
eliminates devils, witches, ghosts, and superheroes. Maybe we should look
through the lens of liberty, and realize that making everyone dress up as
themselves would be a mean trick, not a treat.
A woman in Philadelphia, having an argument with her boyfriend in a restaurant,
got so angry she threw a soft drink at him. Then, as she was storming away, she
slipped on the wet floor and broke her tailbone. Never mind that the floor was wet
because of the drink she herself had thrown, she was still so angry she decided to
sue. She did not sue the boyfriend, because he didn’t have any money. She sued
the restaurant for having a wet floor. A jury ordered the restaurant to pay her
$113,000. Her medical bills were real, of course, but does that make the business
owner responsible? Looking through the lens of liberty, if we see any law-
abiding citizen being held liable for the bad behavior of another, it ought to make
us all angry enough to do something about it.
Our Constitution does not guarantee the right to break into someone’s house. Yet a
burglar in Bristol, Pennsylvania thought he had that right, and a jury agreed! He
broke into a home, but got locked in the garage trying to escape. With no way out
and the homeowners away, he spent 8 days in that garage, surviving on a case of
Pepsi and a large bag of dog food, until the homeowners returned, and called
police. He claimed because the garage door opener didn’t work, he had suffered
undue mental anguish, and sued the homeowners’ insurance company. Shockingly,
the jury sided with him, and made the insurance company pay him $500,000 for his
ordeal. We should all look through the lens of liberty and remember the
importance of personal responsibility, especially before we serve on juries.
A woman in Austin, Texas tripped over a toddler who was running inside a
furniture store, and she broke her ankle. She sued the store owners, claiming they
had created an unsafe environment for their customers. A jury agreed with her,
ruled against the store, and awarded the woman $80,000 in damages. Everyone
watching the case was shocked by the outcome, because the toddler was her own
son! That jury should have looked through the lens of liberty, and recognized that
the store was not at fault – she was. America was founded on the simple principle
that ordinary people can govern themselves – but that requires personal
responsibility. Accidents happen. But instead of blaming others and filing lawsuits,
we ought to just watch where we’re going. And more importantly, put a stop to
these frivolous lawsuits.
Katherine faced a difficult battle with cancer, and decided to do what she loved
most, baking cupcakes. She and her sister set up a food truck called “Cupcakes for
Courage,” and were doing well, until the heavy hand of the law swooped in. The
City of Chicago prohibits food trucks within 200 feet of any restaurant, and in that
neighborhood it means 97 percent of all streets are off limits. These gutsy gals
looked through the lens of liberty, and fought the City’s attempt to protect
favored businesses against competition. Courts sided with the City, but Katherine
gets the last laugh. Her baked goods sell so well, she now has 2 food trucks and 2
stores. The fight against government chipping away our freedom is needed in every
town and neighborhood – including yours. Let’s join that fight.
When you make a right turn in your car, you have to slow down a bit. But in
Beaverton, Oregon, traffic lights were timed to go from yellow to red, without
taking into account the time it takes to slow down – as if drivers are expected to
turn at full speed. A Swedish-born electrical engineer noticed the problem, and
analyzed all the lights in town. But when he shared his research with officials, their
response was to fine him $500 for practicing engineering without a license. They
were angry that anyone would question their traffic cameras – and they wanted the
licensing revenue. If they looked through the lens of liberty, they would know
the government works for us, and every citizen has the right to ask government to
solve problems – tell your officials that right does not require a license.
Two Colorado neighbors both had pet dogs, and jobs requiring frequent travel. So they had an arrangement for many years, where they took care of each other’s dogs when either was out of town. Then they found out they had been breaking the law all along, and could face stiff fines. Like many other states, Colorado required anyone who cared for a pet to have a license and pay fees. But the law made no distinction between a large commercial kennel, and a neighbor or family member. One of these neighbors looked through the Lens of Liberty, and realized her private dealings with friends were none of the government’s business. She took up the cause and convinced the State to change the law, so that helping your neighbor take care of their dog is no longer a crime. Good job
A Wisconsin hardware store owner could no longer stay in business, so he sold his building, liquidated his inventory, and closed up shop. Then he got a $510 fine for not having a permit to go out of business! Regulations, fees, and permits make it difficult enough to stay in business. But in Milwaukee, Boston, Albany, and hundreds of other cities, you also need a permit to close your business. They require an itemized inventory of all equipment and supplies, every day the business is selling anything, along with a percentage of the revenue as a fee. A look through the Lens of Liberty reveals no legitimate reason for what one writer calls the “sayonara tax.” Businesses fail for various reasons, but do they really need government to drive the lastnail in the coffin?
In Aspen, Colorado, the city provides office space to the county, but only on the strict condition that microwaving fish sticks must be strictly prohibited. After considerable debate and a public hearing, the county commissioners agreed that fish sticks should never be microwaved. So their intergovernmental office space agreement not only specifies office hours and building codes – but also bans fish sticks! The smell of certain foods in the breakroom is a common complaint of office workers everywhere. But most people look through the Lens of Liberty before trying to make their personal tastes a matter of law. Do we really need contracts to dictate what workers can and cannot eat? Surely elected city and county officials have more important business to worry about than what’s for lunch.
We are all saddened when we hear about random shootings. But we must be careful how we react. One Senator recently said that “due process” is one of the “big problems" standing in the way of legislation that would keep bad guys from purchasing firearms. He actually argued that the Fifth Amendment is "killing us." He wants to give government officials the power to deny basic Constitutional rights – without due process of law – to anyone they think might be a threat. He ought to look through the Lens of Liberty, read the Declaration of Independence, and recognize that the very purpose of government is to protect our essential rights. As Ben Franklin warned, they who can give up essential liberty to obtain a little temporary security deserve neither liberty nor security.
Steve Jobs and his friends built the first 50 Apple computers in a California garage. Jeff Bezos started an online bookstore in his Washington garage. Today Apple and Amazon are two of the world’s largest companies. Disney, Google, Harley-Davidson, and hundreds of other famous companies were started by dreamers in their garages. There are 38 million home-based businesses in the U.S. today, earning over $400 billion a year – but not in Milwaukee! Businesses in garages are illegal there. Nor can home businesses have any employees, or take deliveries. Citizens there should look through the Lens of Liberty, and realize such rules violate essential American rights – the right to pursue happiness, and the right to enjoy private property. The business in our garage is none of the government’s business.
When Josh Spencer opened his business in Los Angeles, he called it “The Last Bookstore,” because so many others have gone out of business in this digital age. But in L.A., the problem is more than just Internet competition. That city treats used book stores the same as gunshops. Owners need a police permit, and must hold all books at least 30 days before selling them. Each book must be stamped with a number, corresponding to records identifying the book and where it was purchased, and sellers and suppliers must be fingerprinted. That applies to all books – even copies of the Constitution! Ruthless dictators may hate books, but this is America! People here should look through the Lens of Liberty, and instead of regulating copies of the Constitution, they should read it.
Many of us share fond memories of roasting marshmallows around the campfire, and making s’mores with the kids. Apparently, we’ve been doing it wrong all these years. The U.S. government has now published guidance on the right way to roast marshmallows and make s'mores. It begins with using a stick at least 30 inches in length, but it ends with substituting fruit for the chocolate, to cut down on sugar. Is there any aspect of life that we are capable of living without the government telling us how? This particular direction came from the U.S. Forest Service. If they looked through the Lens of Liberty first, they might worry more about the 100 million acres of national forests that have burned in the last 15 years, than about whether we are burning our marshmallows.
A student in Georgia complained that tests and grades were stressful, so the professor adopted a new “stress reduction policy.” Students who feel stressed about tests can decide their own grades. In they feel any stress, they are welcome to leave without explanation and with no effect on their grade. A stress-free environment may sound good, but life is not stress-free. A look through the Lens of Liberty reveals the vital importance of stress, and risk, and how to handle them. Our American system limits the power of government, because we believe ordinary people can govern themselves. But they cannot do so unless they learn how to take responsibility for their own actions. If you want a stress-free life, you need a binky and a stroller, with someone else deciding where you go.
We often see giant balloons advertising car dealers, or special promotions at the mall. In Houston, local leaders decided there were too many balloons. They passed a law allowing the balloons only for car dealers – not for any other business. But other business owners looked through the Lens of Liberty, and told the City it had no businesses picking winners and losers. Citizens reminded officials that equal treatment under the law is America’s first principle. The City still didn’t get it – instead of choosing freedom, they responded by banning all balloons in Houston. Many government officials simply cannot think outside the confines of government rules. That’s why citizens themselves must be the ultimate defenders of freedom, and pop this balloon!
A California man wanted to plant wheat in a field where previous owners had always grown wheat. So he began plowing, but government agents swooped in, declared his field a wetland, and took him to court. They claimed the furrows in his field were small mountains that resulted in discharging water, without a federal permit. Instead of looking through the Lens of Liberty, federal judges sided with the government, and sought to impose $45 million in fines. The farmer was forced to settle the case, and ultimately paid over $1 million in fines – even though federal wetlands laws supposedly exempt agricultural practices, including plowing. Needless to say, the field never got planted, and no wheat grows there now. Perhaps those bureaucrats and judges think food just magically appears in grocery stores.
My grandchildren got involved in an effort to discourage texting while driving, and their campaign attracted enough attention to be quite effective in their community. But in Washington State and other places, governments are moving well beyond awareness efforts, and making certain driving habits a crime. You can’t even talk on hands-free devices, unless you can activate them with the "minimal use of a finger." They are about to adopt similar criminal penalties for “distracted walking.” Freedom-loving citizens ought to look through the Lens of Liberty, and think about how many rules now govern everyaspect of their lives. Community awareness efforts, like my grandchildren’s, make people aware of potential danger, without sending them to jail. We may be so distracted by all these little rules, that we forget the important ones.