Video of Rep. Bob Etheridge (D‑N.C.) assaulting a student who asked him if he supports the Obama agenda. (HT Radley Balko)
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DWI Convictions Due to Faulty Breathalyzer Calibration
From the Washington Post:
Nearly 400 people were convicted of driving while intoxicated in the District since fall 2008 based on inaccurate results from breath test machines, and half of them went to jail, city officials said Wednesday.
D.C. Attorney General Peter Nickles said the machines were improperly adjusted by city police. The jailed defendants generally served at least five days, he said…
The District’s badly calibrated equipment would show a driver’s blood-alcohol content to be about 20 percent higher than it actually was, Nickles said. All 10 of the breath test machines used by District police were wrong, he said. The problem occurred when the officer in charge of maintaining the machines improperly set the baseline alcohol concentration levels, Nickles said.
This is the same jurisdiction where a woman who had a single glass of wine with dinner and a Blood Alcohol Concentration (BAC) of .03 was arrested for being under the influence in 2005. The national standard for a DWI arrest is .08, and anyone testing below .05 is presumed not to be intoxicated. The District of Columbia’s standard for arrest was anything above .01 if the officer deemed the driver intoxicated. Public outcry over the strict policy, particularly in a town built on tourism, prompted the D.C. Council to temporarily amend the law. The D.C. Police website still says that police can charge DUI (Driving Under the Influence, not Driving While Intoxicated) for a BAC of .07 or lower.
There is good reason to question the foundation of DWI laws and enforcement. Radley Balko makes the case that the federal push for reducing the national DWI BAC standard from .10 to .08 achieved little for public safety in Back Door to Prohibition: The New War on Social Drinking. Even Mothers Against Drunk Driving (MADD) founder Candy Lightner regrets the no-tolerance direction her organization has taken: “[MADD has] become far more neo-prohibitionist than I had ever wanted or envisioned… I didn’t start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving.”
Problems Overturning Citizens United
Congress has been trying to overturn the Citizens United decision for the past four months. (Citizens United invalidated bans on speech by groups taking a corporate form). Their effort — the DISCLOSE Act — now seems bogged down in the House of Representatives. The National Rifle Association argues that they should not have to disclose their small donors. The labor unions also have complaints:
Amaya Tune, a spokeswoman for the AFL-CIO, told Bloomberg this week that “the final bill should treat corporations different than democratic organizations such as unions. We believe the legislation should counter the excessive and disproportionate influence by big business and guarantee effective disclosure of who is paying for what.”
Here’s the problem: The Supreme Court has ruled that Congress cannot regulate campaign finance to achieve equality of influence. Ms. Tune is calling for changes in DISCLOSE to “counter the excessive and disproportionate influence by big business.” If Congress enacts those changes, how can the law be defended against the charge that Congress is seeking to legislate a greater equality of influence? Won’t the parts of the law demanded by the unions be unconstitutional?
The Horror of It!
Today Politico Arena asks:
Will Reid be able to portray Angle as an extremist?
With an air of wonder, POLITICO reports this morning that Sharron Angle, facing Senate majority leader Harry Reid in the fall elections, “has previously made eyebrow-raising statements about withdrawing the U.S. from the United Nations, eliminating the departments of Energy and Education, and privatizing Social Security.” Eyebrow-raising? As in “who could stand for such things”?
Beyond the Beltway (and even in pockets within the Beltway), there actually are people who believe that American taxpayers should not be subsidizing the play things of such human-rights-respecting exemplars as Cuba, China, Russia, and their ilk, all of whom sit on the United Nations Human Rights Council. And for some reason, we actually did have both energy and education in this country before the Departments of Energy and Education were created, hard as it may be to believe, just as we had art, philosophy, and radio before the NEA, NEH, and NPR were created. And people retired, on their own savings, before the Social Security system was invented. Speaking of which, it might be useful to note that that Ponzi scheme is now operating in the red, six years earlier than expected. Now there’s a reason to raise one’s eyebrows.
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Guns Save Lives, Part XXXIVXX
John Lee still has his life and four children still have a father because Mr. Lee had a handgun when three criminals tried to kill him and take his money.
When John Q. Citizen takes out a gun and the criminals flee, reporters don’t consider the incident “news” (at least when there are no injuries)–so guns are typically on the evening news when they are used by criminals. As a result of that skewed coverage, it is no wonder that many people have a negative view about firearms.
On June 17, Cato will be hosting a forum about guns, crime, and self-defense. Speakers include John Lott, Jeff Snyder, and Paul Helmke of the Brady Campaign.
For related Cato scholarship, go here.
John Whitehead on Nat Hentoff
John Whitehead of the Rutherford Institute has a nice post about Cato Senior Fellow Nat Hentoff.
Here’s an excerpt:
At the age of 85, Hentoff is a radical in the best sense of the word — a true freedom fighter and warrior journalist with a deep-seated intolerance of injustice. His integrity and willingness to buck the trends have earned him the well-deserved reputation of being one of our nation’s most respected, controversial and uncompromising writers.
Well said. At age 85, Nat Hentoff continues to write books and a weekly column. His new book is At the Jazz Band Ball: Sixty Years on the Jazz Scene.
Warning on a Go-Cart: ‘This Product Moves When Used’
For the 13th year, Bob Dorigo Jones has compiled the finalists for his annual Wacky Warning Label contest. Another, on a Bluetooth unit: “use of a headset that covers both ears will impair your ability to hear other sounds.” A few years back Jones compiled some of these into an amusing book entitled Remove Child Before Folding (from a stroller warning). For many more examples, check my blog Overlawyered, including warnings on not putting birthday candles in your ears, using your cocktail napkin for navigation, and ironing clothes while you’re wearing them.
Although regulatory agencies account for some of it, the main driving force behind over-warning is the “failure to warn” branch of modern product liability law, and the uncertainty it creates through its inability to generate clear guidance on what will and will not be considered adequate warning. Rather than invite suit — with its attendant risk of encountering a paternalistic, sympathy-driven or redistributionist judge or jury — most companies would rather include a silly or overbroad warning on the product, even at the cost of numbing consumers to the occasional warnings that really do deserve their attention.