Topic: Law and Civil Liberties

When Dogs Are Criminalized, Only Criminals Will Own Them

Kansas City has followed the lead of Denver and Ontario, Canada in instituting a ban on pit bulls. Any pit bulls found in the city will either be turned over to shelters outside the city or, more likely, euthanized.

Breed-specific prohibitions are a bad idea for a variety of reasons, but the most glaring is that the most common target of these laws – the “pit bull” – isn’t really a breed, but a generic name given to dogs with those features we’ve come to associated with aggression. The “pit bull” very generally refers to the American Staffordshire Terrier, but can include a number of breeds with similar features, including the most recent Best in Show at the Westminster Kennel Club and, more importantly, one of my dogs. (We were repeatedly warned when she was a puppy that she might be mistaken for a pit bull, but she’s the sweetest, most harmless dog I’ve ever known, unless you happen to be a rug or a pair of shoes).

What’s more, as the New Yorker’s Malcolm Gladwell has pointed out, it’s not even clear that pit bulls deserve their reputation:

A Georgia-based group called the American Temperament Test Society has put twenty-five thousand dogs through a ten-part standardized drill designed to assess a dog’s stability, shyness, aggressiveness, and friendliness in the company of people. A handler takes a dog on a six-foot lead and judges its reaction to stimuli such as gunshots, an umbrella opening, and a weirdly dressed stranger approaching in a threatening way. Eighty-four per cent of the pit bulls that have been given the test have passed, which ranks pit bulls ahead of beagles, Airedales, bearded collies, and all but one variety of dachshund. “We have tested somewhere around a thousand pit-bull-type dogs,” Carl Herkstroeter, the president of the A.T.T.S., says. “I’ve tested half of them. And of the number I’ve tested I have disqualified one pit bull because of aggressive tendencies. They have done extremely well. They have a good temperament. They are very good with children.”

Pit bulls do boast strong jaws that can lock into place. But many breeds can deliver a nasty bite when provoked. The attention directed at pit bulls seems more due to their trendiness, not to any unique aggressiveness in their genetics. The tough guy dog du jour was once the equally powerful Rottweiler.

Which means the problem is with the owners, not the dogs. Ban pit bulls, and the riffraff that uses them for nefarious purposes will move on to another breed.

The law in Kansas City, however, is particularly dumb. Apparently, the city has instituted an “amnesty period,” during which well-intentioned owners can turn their pups over for euthanizing without facing a fine.

To see the folly in this proposal, let’s consider two hypothetical put bull owners.

Owner A is a family who had the misfortune of picking a pit bull from the pet store, breeder, or pound. They’ve raised the dog as a pet, and it lives in a happy, loving home. It’s harmless.

Owner B is a drug dealer who bought a pit bull to protect his contraband. He has trained the dog to attack. The dog, obviously, is vicious and dangerous.

Which dog owner is more likely to follow the law, and take advantage of the amnesty period? Which dog is more likely to be turned over and euthanized?

Seems to me that Kansas City has created a scenario where all of the harmless pit bulls around town will be destroyed, leaving only the dangerous ones.

Which of course will (1) reinforce stereotypes about the breed, and (2) likely give police license to shoot on sight any dog remotely resembling a pit bull without much in the way of repercussions.

Censorship Is Worse Than Fake News

A big story on the front page of the Washington Post Style section is illustrated with a beautiful, stylized photo of new CBS anchor Katie Couric. In tiny letters almost invisible to the naked eye, the photo source is identified as CBS. In other words, it’s a publicity photo, not a news photo. There’s another glamorous CBS photo dominating page 8, where the story jumps.

Would the Post print a corporate news release? Not likely, though smaller papers do. Is that different from using a corporate photo? Perhaps. Should the Federal Newspaper Commission look into the use of corporate photos and corporate news releases? Oh, right, we don’t have a Federal Newspaper Commission, because we have a First Amendment.

Why, then, is something called the Federal Communications Commission investigating the use of “video news releases” by television broadcasters (as reported on the front page of the Business section the same day)? Oh, right, because somehow the First Amendment doesn’t give broadcasters the same free speech rights that newspapers enjoy. Prodded by the anti-free-speech lobby Center for Media and Democracy, the FCC wants to know if broadcasters clearly label “video news releases” produced by corporations when they are used on local news programs. CMD is well within its rights to criticize the use of VNRs. But when it calls for government regulation of what can and must be shown on news broadcasts, it’s calling for censorship. And censorship is far worse than “fake news” about new products on local television broadcasts.

“Abolish Religious Schools” — Guardian Columnist

In response to the latest Islamist terrorist plot, Guardian columnist Polly Toynbee makes the following recommendation:

A new Commission on Integration and Cohesion, launching this month, will be worthless unless its first recommendation is to end religious and ethnic segregation in schools. That means no Church of England or Catholic schools, no Muslim or Jewish schools.

Ah yes, social cohesion through religious tyranny, a winning strategy down through the centuries. Nyet.

A nation that fought a number of civil wars over (among other things) the repression of religious freedom should have learned that compulsion in matters of faith does not breed social harmony. I would have thought Ms. Toynbee particularly well equipped to pass along that historical pearl, given that she is the descendant of not one but two well known British historians. Apparently the nut does sometimes fall far from the tree.

The Evolutionary War, Part Deux

In response to an earlier post, a reader e-mails with the following comment: “Intelligent Design is fundamentally a religious theory and thus cannot be taught in public schools according to the First Amendment.” 

Regrettably, it’s not that simple. For the first century of their existence, state schools engaged in official prayer and Bible reading in bald defiance of the First Amendment. That official religiosity was only discontinued after a 1963 Supreme Court ruling. There’s no reason it couldn’t come back. The sad truth is that our Constitution and Bill of Rights are regularly trampled over by legislators who find their content inconvenient (viz., the 10th Amendment). 

Furthermore, there is no guarantee that all courts, in perpetuity, will see Intelligent Design as a religious theory, as happened to be the case in last year’s Pennsylvania District Court verdict [.pdf]. 

Even at present, public schools in many parts of the country have watered down their coverage of the theory of evolution to avoid rousing the ire of adherents of ID or creationism. This is perhaps part of the reason that only 13 percent of Americans think humans evolved through entirely natural processes, while the rest think they were created in their present form (46%), or guided in their evolution (31%), by the god of their choice.

Natural human evolution has been public schools’ sole explanation for human origins for three generations, and that is the result. The official knowledge thing has thus already been tried, at length, and it has failed on its own terms.

Parental choice is a better approach. Those who want their children to receive a high-quality secular scientific education will be able to get it – which many cannot do in our current public schools. And those who want to pass along their religious beliefs about human origins to their children will be free to do so, without being forced to wheedle those beliefs into the official government schools for which they are compelled to pay. 

Most important of all, in a country founded on freedom of conscience and individual liberty, it is not the government’s proper role to indoctrinate children with the majority’s views (or, in this case, a tiny but influential minority’s views) – whether or not you or I happen to think those views are correct. 

Still more here.

Fomenting Hysteria

Scotland Yard should rein in Deputy Police Commissioner Paul Stephenson.

Last week, discussing the foiled attack on passenger air transportation, Stephenson stood before cameras, flash-bulbs popping, and read the following from a prepared statement:

We cannot stress too highly the severity that this plot represented. Put simply, this was intended to be mass murder on an unimaginable scale.

Stephenson quite badly over-stressed the severity of the plot. It is easy to comprehend in terms of both execution and anticipated result. The planned attack would have killed many people in a very dramatic way - everyone should be glad that it was defeated - but it wasn’t anything near “unimaginable.”

Is this a quibble about semantics? No. Stephenson’s overwrought statement is a form of incompetence.

As I wrote last week (citing national security expert John Mueller), it is the reaction to terrorist attacks that inflict the most damage. Controlling the reaction through even-handed public communications is the best thing officialdom can do when an attack has succeeded - to say nothing of the opportunity for confidence-building when an attack has been thwarted.

The fact that this embarrassing public display was part of a statement written in advance is reason for Scotland Yard to fully review its communications strategy. Stephenson’s overreaction splashed across America’s television screens numerous times over the weekend.

Fortunately,the public doesn’t appear to be falling for it. A poll appearing in this morning’s Washington Post Express found that 72% of people feel safe flying. USA Today reports that air travelers are adapting quickly to measures that foreclose the threat of a liquid bomb attack. Let’s hope that the measures are quickly minimized to reach what attacks are actually possible, rather than those that are only speculative.

My colleague Gene Healy’s post here last week (preceding news of the foiled terror plot) and his citation to James Fallows’ article ” Declaring Victory ” are even more solid and relevant now than they were before. We do not face an existential threat from terrorism. The “War on Terror” is effectively won. All that’s left is for someone to declare it so.

Importing Ideas

In the new Afghanistan, which seems uncomfortably like the old Afghanistan, the cabinet has revived the Department for the Promotion of Virtue and the Discouragement of Vice. The government will once again be able to keep an eye out for short beards, chess playing, slipping veils, alcohol, and other vices.

An official tells the Washington Post that he’s “swamped with job applicants” for the department.

Perhaps if they lose in the fall, Sens. Rick Santorum and Joe Lieberman could team up to lobby for such a department in the United States. And future president Hillary Clinton just might endorse the effort.

“Chaoulli has brought Canadian Medicare to a fork in the road”

Colleen Flood of the University of Toronto law school has a working paper out on the impact of the Canadian Supreme Court’s ruling in Chaoulli v. Quebec. In that case the court basically said that if the government prohibits private health insurance, but then threatens people’s lives by making them wait for care in the state-run health care system, it is violating the people’s rights to life, liberty, and personal security.

Prof. Flood’s paper is titled, “Chaoulli’s Legacy for the Future of Canadian Health Care Policy.” From the abstract:

The decision was initially considered of limited importance by many given that technically it applied only to Quebec. In the six months since the decision was released, however, it has become clear that the legal impact of Chaoulli will be dwarfed by its normative impact on policy debates across the country. Chaoulli has brought Canadian Medicare to a fork in the road. At the time of writing, critical decisions are about to be taken across the country.

Flood’s paper is available from the Social Science Research Network here (subscription req’d).

Dr. Chaoulli – the chief litigant in the case – authored a paper for Cato on the ruling and its potential impact, available here.