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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
	<rights>(c) Reason</rights>
	<updated>
		2026-05-21T11:40:41Z	</updated>

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	<entry>
					<author>
			<name>Autumn Billings</name>
							<uri>https://reason.com/people/autumn-billings/</uri>
					</author>
					<title type="html"><![CDATA[
				Is the DHS Tracking ICE Critics? The Public Deserves Answers.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/is-the-dhs-tracking-ice-critics-the-public-deserves-answers/" />
		<id>https://reason.com/?p=8382964</id>
		<updated>2026-05-21T15:20:16Z</updated>
		<published>2026-05-21T15:40:41Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="FOIA" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The DHS reportedly maintains a database tracking critics of the Trump administration’s immigration policies. Free speech advocates warn it could chill constitutionally protected speech.]]></summary>
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		<p><span style="font-weight: 400">Free speech advocates want to know more about the Department of Homeland Security's (DHS) rumored database that tracks critics of the Trump administration's immigration policies and its potential to chill constitutionally protected speech. But so far, the agency has ignored repeated Freedom of Information Act requests for public records. </span></p>
<p><span style="font-weight: 400">Amidst the rising tensions between federal immigration agents and protestors earlier this year, President Donald Trump's border czar, Tom Homan, </span><a href="https://www.foxnews.com/video/6387789141112"><span style="font-weight: 400">announced</span></a><span style="font-weight: 400"> on Fox News in January his push to create a database to prosecute people who "impede or interfere" with immigration operations. Such a database, according to Homan, would include those who film officers—an activity protected under the First Amendment. </span></p>
<p><span style="font-weight: 400">Shortly after, a </span><a href="https://x.com/kenklippenstein/status/2014752856843161969?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E2014752856843161969%7Ctwgr%5Edf48906f6b395cd6d6c631c7f73f94a027e85dd6%7Ctwcon%5Es1_&amp;ref_url=https%3A%2F%2Freason.com%2F2026%2F01%2F23%2Fice-tells-legal-observer-we-have-a-nice-little-database-and-now-youre-considered-a-domestic-terrorist%2F"><span style="font-weight: 400">video</span></a><span style="font-weight: 400"> went viral of an Immigration and Customs Enforcement (ICE) agent documenting a legal observer's car. When asked what he was doing, he told the observer, "Because we have a nice little database, and now you're considered a domestic terrorist." And CNN </span><a href="https://www.cnn.com/2026/01/27/us/alex-pretti-protesters-minneapolis-invs"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> on a DHS memo asking agents assigned to Minneapolis to "capture all images, license plates, identifications, and general information on hotels, agitators, protestors, etc., so we can capture it all in one consolidated form." </span></p>
<p><span style="font-weight: 400">Although the former DHS spokesperson Tricia McLaughlin staunchly </span><a href="https://www.ms.now/rachel-maddow-show/maddowblog/team-trump-expresses-new-concerns-about-citizens-filming-dhs-officers"><span style="font-weight: 400">denied</span></a><span style="font-weight: 400"> the existence of such a database, the Foundation for Individual Rights and Expression (FIRE), a nonprofit organization that defends Americans' right to free speech and free thought, wanted to learn more to shed light on the government's activities and data collection.</span> <span style="font-weight: 400">Coupled with federal agencies' increased use of facial recognition software through contracts with companies like Mobile Fortify and Clearview AI, such a database could have "serious First Amendment implications," according to a new </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400">lawsuit</span></a><span style="font-weight: 400"> FIRE filed this week against the DHS and ICE in federal court. </span></p>
<p><span style="font-weight: 400">"Americans deserve to know more about this database, starting with whether it exists," FIRE attorney Jacob Gaba said in a </span><a href="https://www.fire.org/news/fire-sues-dhs-information-about-alleged-database-ice-protesters"><span style="font-weight: 400">statement</span></a><span style="font-weight: 400">. And if it does exist, oversight might be required to ensure constitutional compliance. "The First Amendment prohibits the government from retaliating against peaceful protestors," continued Gaba, "including by putting their names and faces in a shadowy database. </span></p>
<p><span style="font-weight: 400">But so far, according to the </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400">complaint</span></a><span style="font-weight: 400">, the DHS and ICE have failed to respond to four separate Freedom of Information Act (FOIA) requests submitted by FIRE since January. The requests asked for any public records concerning, in part, "the existence&hellip;[of] any database referenced by Homan's comments," all training materials or guidance on entering information into the database, "all communications&hellip;with vendors regarding the development&hellip;of the database," and "any records showing that [the agency] sought a legal opinion regarding the legality of the database." </span></p>
<p><span style="font-weight: 400">Under </span><a href="https://www.law.cornell.edu/uscode/text/5/552"><span style="font-weight: 400">federal law</span></a><span style="font-weight: 400">, the DHS and ICE must determine within 20 business days after receiving a request whether to comply or notify that the request has been denied. Instead, FIRE's FOIA requests, dated January 28, February 5, and February 11, have been left "pending" as of May 19, according to the </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400">lawsuit</span></a><span style="font-weight: 400">. Left with no response, FIRE has asked a federal judge to, in part, order the agencies to disclose the requested public records.</span></p>
<p><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> also reached out to the DHS for comment on FIRE's unaddressed FOIA requests and to ask whether such a database truly exists, but did not immediately receive a response.</span></p>
<p><span style="font-weight: 400">This is not the only instance in which the DHS and ICE have ignored FOIA requests on the agencies' potentially First Amendment-violating actions. Last month, </span><a href="https://reason.com/2026/04/24/civil-liberties-groups-sue-for-information-on-ices-speech-chilling-subpoenas/"><span style="font-weight: 400">two lawsuits</span></a><span style="font-weight: 400"> were filed by the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) against the DHS and ICE for failing to respond to FOIA requests to learn more about the potentially unconstitutional use of unmasking subpoenas to identify ICE's anonymous online critics. </span></p>
<p><span style="font-weight: 400">Since former Secretary of Homeland Security Kristi Noem was </span><a href="https://reason.com/2026/03/05/trump-fires-kristi-noem-from-dhs/"><span style="font-weight: 400">fired</span></a><span style="font-weight: 400"> in March and replaced by Markwayne Mullin, the DHS and ICE have pivoted to a much </span><a href="https://www.nytimes.com/2026/04/10/magazine/self-deportation-ice.html"><span style="font-weight: 400">quieter</span></a><span style="font-weight: 400"> media strategy. But plans to orchestrate mass deportations have not changed. And neither have the Trump administration's plans to </span><a href="https://www.whitehouse.gov/presidential-actions/2025/09/countering-domestic-terrorism-and-organized-political-violence/"><span style="font-weight: 400">counter</span></a><span style="font-weight: 400"> domestic terrorists, including the </span><a href="https://www.whitehouse.gov/presidential-actions/2025/09/countering-domestic-terrorism-and-organized-political-violence/"><span style="font-weight: 400">broadly defined</span></a><span style="font-weight: 400"> "Antifa." </span></p>
<p><span style="font-weight: 400">FOIA requests, like the ones submitted by FIRE, are essential to ensure agencies remain transparent and accountable when implementing such controversial policies. The DHS and ICE must comply, whether or not the rumored database exists, because either scenario threatens Americans' First Amendment rights, </span><a href="https://www.fire.org/news/fire-sues-dhs-information-about-alleged-database-ice-protesters"><span style="font-weight: 400">according</span></a><span style="font-weight: 400"> to Gaba. </span></p>
<p><span style="font-weight: 400">"Either there is, in fact, a database of people exercising their right to criticize the government—which would be a frightening and unconstitutional abuse of power—or officials are just engaging in loose talk that intimidates people into silence," Gaba explained. "Both outcomes are unacceptable in a free society." </span></p>
<p>The post <a href="https://reason.com/2026/05/21/is-the-dhs-tracking-ice-critics-the-public-deserves-answers/">Is the DHS Tracking ICE Critics? The Public Deserves Answers.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Midjourney/Zimmytws /Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Filing cabinet with confidential file inside]]></media:description>
		<media:title><![CDATA[FOIA request for records about its alleged database-v2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Veronique de Rugy</name>
							<uri>https://reason.com/people/veronique-de-rugy/</uri>
					</author>
					<title type="html"><![CDATA[
				Trump's Approval Rating Is Cratering. Tariffs Are a Big Reason Why.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/trumps-approval-rating-is-cratering-tariffs-are-a-big-reason-why/" />
		<id>https://reason.com/?p=8382972</id>
		<updated>2026-05-21T15:19:10Z</updated>
		<published>2026-05-21T15:20:26Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Economic Growth" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Polls" /><category scheme="https://reason.com/latest/" term="Protectionism" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Economy" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Manufacturing" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Small Business" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[They cost each American household roughly $1,000 in 2025, with more coming in 2026.]]></summary>
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		<p>Donald Trump is now an unpopular president. Some of this dissatisfaction is due to the war in Iran. Some of it springs from the unanticipated speed, chaos, and perceived brutality of several of his administration's actions over the past year and a half. But a significant part of his political problem has a straightforward economic explanation: Everything feels expensive, and his tariffs are a major reason why.</p>
<p>If the president wants to help himself and his party ahead of this year's midterm elections, the most effective thing he can do is eliminate the tariffs. The evidence in favor of this move is overwhelming, and it comes from his own tenure.</p>
<p>As an obligatory reminder, tariffs are levied on American importers who pass the costs on to American businesses and consumers. Those insisting tariffs are "paid by foreigners" must now dispute not just history but the present.</p>
<p>The Cato Institute's Scott Lincicome and colleagues reviewed a year of data from Trump's tariff regime and <a href="https://www.cato.org/blog/one-year-after-liberation-day-heres-what-we-know-what-we-dont">found</a> that "the higher costs from tariffs passed through to prices paid by Americans at a rate as high as 96 percent."</p>
<p>Using daily price data from major U.S. retailers, economists from Harvard Business School found that the 2025 tariffs raised consumer prices almost immediately, with imported goods rising roughly twice as fast as domestic ones and adding nearly a full percentage point to the overall Consumer Price Index by October 2025.</p>
<p>This finding isn't unique. My colleague Jack Salmon <a href="https://www.theunseenandtheunsaid.com/p/effects-of-tariffs-through-the-lens">examined</a> 56 quantitative studies produced over the last 30 years and found 19 showing tariffs raise prices and zero showing tariffs lower prices.</p>
<p>This reality has a real impact on Americans. The Tax Foundation <a href="https://taxfoundation.org/research/all/federal/trump-tariffs-trade-war/">put the cost of the tariffs</a> at roughly $1,000 per American household in 2025, with another $700 coming in 2026 from the Section 232 and Section 122 levies, which were left unaffected by Supreme Court's recent rebuke. It shows up in grocery bills, appliance prices, and clothing costs—routine purchases for working-class households.</p>
<p>The damage goes beyond prices. Salmon's literature review finds 25 studies documenting negative effects of tariffs on productivity and economic output. None of those studies show positive effects. Across Chile, India, Indonesia, Brazil, Hungary, Canada, and the United States, the pattern is the same: Lower tariffs raise productivity; higher tariffs reduce it.</p>
<p>What about revenue? The Tax Foundation projects $956 billion from the remaining tariffs over a decade, falling to $697 billion once the economic damage, including the uncertainty and foreign retaliation, is counted. That's a sign of a bad policy.</p>
<p>To be fair, some supporters of Trump's tariffs were honest about their impact. Isn't that the whole point? Raise prices and hurt the businesses reliant on foreign goods and inputs to help domestic manufacturers. We're told that conceding to the working-class white voters who demand protectionism is worth the price.</p>
<p>The political results are now available for inspection too. A new <a href="https://www.cbsnews.com/video/trumps-ratings-slide-to-lowest-since-2023-cbs-news-poll-shows/">CBS News poll</a> shows that Trump's approval is underwater with most voters, including white voters without college degrees, among whom his approval rating fell from 68 percent last year to 46 percent today. This is unsurprising. The supposed beneficiaries of economic nationalism are instead its most exposed victims.</p>
<p>It didn't help that manufacturing employment, which was promised to boom, kept declining throughout 2025. And economic growth decelerated despite the major investment and energy around AI.</p>
<p>The tariffs also produced a final insult: They energized the very Washington insiders the president promised to defeat when he first entered the White House in 2017. When tariffs are numerous, arbitrary, and have an exemption process attached, every affected business must hire a lobbyist to survive.</p>
<p>Data from Lincicome and his co-authors show that "the number of registered clients for tariff-related lobbying increased by 218 percent in 2025 with respect to the previous year.&hellip;Meanwhile, trade-related lobbying expenditures reached more than $900 million in the first half of 2025 alone and were 28 percent higher than in the first half of 2024."</p>
<p>All that lobbying pays off, as evidenced by how the global tariffs have become riddled with exemptions. It's also good for lawyers. More than 2,000 importers have now rightfully filed suits (an expensive process) seeking refunds on over $160 billion in tariffs the Supreme Court ruled were illegally collected.</p>
<p>The swamp was not drained. It was fed. Small businesses, who usually do not have the luck or resources to access the right people in the administration, pay the full tariff while their larger competitors petition for relief.</p>
<p>The president still has time to change course. The economic case for dropping the tariffs is airtight. The political case is increasingly urgent.</p>
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<p>The post <a href="https://reason.com/2026/05/21/trumps-approval-rating-is-cratering-tariffs-are-a-big-reason-why/">Trump&#039;s Approval Rating Is Cratering. Tariffs Are a Big Reason Why.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Samuel Corum - Pool via CNP/CNP/Polaris/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump]]></media:description>
		<media:title><![CDATA[Trump tariffs]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Hunter Biden and Candace Owens Are BFFs Now			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/hunter-biden-and-candace-owens-are-bffs-now/" />
		<id>https://reason.com/?p=8382862</id>
		<updated>2026-05-21T14:00:42Z</updated>
		<published>2026-05-21T14:15:17Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Election 2024" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Conspiracy Theories" /><category scheme="https://reason.com/latest/" term="Jeffrey Epstein" /><category scheme="https://reason.com/latest/" term="Joe Biden" /><category scheme="https://reason.com/latest/" term="Media" />		<summary type="html"><![CDATA[Hunter Biden blames "the Epstein class" for turning on his dad.]]></summary>
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		<p>Hunter Biden has sat down for an interview with Candace Owens; it hasn't aired yet, but select clips are <a href="https://x.com/RpsAgainstTrump/status/2056448037577171142">available on social media</a>. So while it's not yet possible to get a feel for the overall tone of the conversation, we can nevertheless conclude that there is at least some warmth between the two. For instance, Biden can be seen praising Owens for asking supposedly tough questions about the assassination of Charlie Kirk. She has stated plainly that she does not believe the official story, and has suggested that Kirk's wife, Erika Kirk, his organization, Turning Point USA, or even the state of Israel could be somehow involved.</p>
<p>There is no evidence whatsoever for any of these claims. On the contrary, the alleged killer's motive and opportunity are overwhelmingly clear, <a href="https://reason.com/volokh/2025/09/16/why-charlie-kirks-murderer-is-death-eligible-under-utahs-death-penalty-statute/">and he also confessed</a>.</p>
<p>Biden apparently disagrees.</p>
<p>"I listen to you and I go 'right on,'" says Biden during the interview, specifically referencing Owens' desperate mission to connect the Israeli government to Kirk's assassination.</p>

<p>By all accounts, Biden is no longer smoking crack, so one might wonder why he would agree to sit down with Owens and also validate her unhinged conspiracies. The answer, however, becomes obvious in this clip: He is still trying to salvage his dad's reputation and also attack the people who forced him off the ticket in 2024.</p>
<p>"The D.C. elite of the left, they crushed my dad because he was never part of that club, he was never part of the Epstein class," says Biden.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">This Thursday. Hunter Biden and me. <a href="https://twitter.com/candaceoshow?ref_src=twsrc%5Etfw">@candaceoshow</a> <a href="https://t.co/iNISQNoIGA">pic.twitter.com/iNISQNoIGA</a></p>
<p>&mdash; Candace Owens (@RealCandaceO) <a href="https://twitter.com/RealCandaceO/status/2056420323105320983?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>This is complete nonsense, of course. Joe Biden was not "crushed" by the leaders of his political party because they were in cahoots with the financier and convicted sexual predator Jeffrey Epstein. Powerful elites did not turn on Biden because he was threatening to expose their complicity in sex trafficking. Biden was forced out of the campaign because his advanced age and infirmity had rendered him patently unfit to serve another term. Despite the best efforts of his inner circle to conceal this reality from the public, it nevertheless became obvious to everyone after the disastrous June 2024 debate.</p>
<p>Hunter Biden wants to rewrite history, however. He wants to pretend that a nonexistence group of people, "the Epstein class," had something to do with his dad's ignominious exit. And so he's found someone who is well known for seizing upon claims that are manifestly not true and peddling them to a large and unfortunately gullible audience.</p>
<p>Thus the malleability of the grifter. Owens is, of course, a long-time critic of Hunter Biden and has no love for his father, either. But at present, she has other priorities. So it makes perfect sense that she would be willing to absorb Hunter Biden's conspiracy theories about the Democratic elites betraying his father, in service of her overall agenda of spreading nonsense.</p>
<p>Owens could always surprise me and ask Hunter Biden to defend his absurd claims. I wouldn't count on it.</p>
<hr />
<h1>This Week on <em>Free Media</em></h1>
<p>I am joined by Amber Duke to discuss alleged assassin Luigi Mangione's fangirls and New York Mayor Zohran Mamdani's contempt for President Ronald Reagan.</p>
<p><iframe title="Luigi Mangione Fangirls DEFEND Murder?!" width="500" height="281" src="https://www.youtube.com/embed/gtHU509CRL4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><iframe title="Zohran Mamdani MOCKED After Ronald Reagan Misquote!" width="500" height="281" src="https://www.youtube.com/embed/I2H5JzU0-vg?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<hr />
<h1>Worth Watching</h1>
<p>I am not sure I'm going to be able to finish the final season of <em>The Boys</em>. It's really, really bad. Three episodes in, I am enjoying having Soldier Boy (Jensen Ackles) back, and that's about it. The showrunners have made the obnoxious decision to transform Homelander into a full-on, completely unsubtle parody of Trump, and it's really grating. This has somehow rendered him much less terrifying. Also, the main characters still being alive is no longer plausible whatsoever. They've had far too many encounters with the bad guys in which no one important gets lasered to death.</p>
<p>The post <a href="https://reason.com/2026/05/21/hunter-biden-and-candace-owens-are-bffs-now/">Hunter Biden and Candace Owens Are BFFs Now</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[@RealCandaceO / X]]></media:credit>
		<media:description type="html"><![CDATA[Candace Owens and Hunter Biden]]></media:description>
		<media:caption><![CDATA[Candace Owens]]></media:caption>
		<media:text><![CDATA[Candace Owens]]></media:text>
		<media:title><![CDATA[Hunter-Candace-5-20]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Bankrolling the Nation			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/bankrolling-the-nation/" />
		<id>https://reason.com/?p=8382785</id>
		<updated>2026-05-21T14:52:42Z</updated>
		<published>2026-05-21T13:33:41Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Tax Reform" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Jeff Bezos" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Taxpayers" />		<summary type="html"><![CDATA[Plus: Iran, hooters, DoorDash oppression, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/bankrolling-the-nation/">
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		<p><strong>Who should be exempt? </strong>Why does Jeff Bezos think teachers in Queens making $75,000 a year shouldn't be expected to pay taxes?</p>
<p>"I think what's going on is that it's kind of a tale of two economies," he <a href="https://www.cnbc.com/2026/05/20/cnbc-exclusive-transcript-jeff-bezos-speaks-with-cnbcs-andrew-ross-sorkin-on-squawk-box-today-.html">told</a> CNBC's <em>Squawk Box</em> yesterday. OK, uncontroversial. "You have a bunch of people in this country who are doing really well, but you also have a bunch of people in this country who are struggling—struggling to pay rent, groceries."</p>
<p>"A nurse in Queens who makes $75,000 a year pays 12—more than $12,000 a year in taxes," continued Bezos—the veracity of which is debatable. "Does that really make sense? So, people talk about making the tax system more progressive. How about we start by having the nurse in Queens not pay taxes?"</p>

<p>"Why is a nurse in Queens who makes $75,000 a year paying more than $1,000 a month in taxes?" he continued. "That's $1,000 a month that could help with rent or groceries or anything. And so—and by the way, do you know what that all adds up to? The bottom half of income earners in this country pay only 3 percent of the taxes. It's only 3 percent. We can find 3 percent. So we don't have—it's a small amount of money for the government.&hellip;We don't have a revenue problem in this country. We already have the most progressive tax system in the world. The top 1 percent of taxpayers pay 40 percent of all the tax revenue. The bottom half pay only 3 percent. We have already, and I think it should be zero. I don't think it should be 3 percent.&hellip;We actually have a spending problem and that's a skills issue."</p>
<p>I mean, some parts of this are true: The federal government does have a massive spending issue. But parts of it are very muddled: Per Tax Policy Center estimates, <a href="https://taxpolicycenter.org/model-estimates/t25-0154-distribution-tax-units-pay-no-individual-income-tax-expanded-cash-income">40 percent</a> of households* <em>already </em>don't pay any federal individual income tax. We're already basically there, at the place Jeff Bezos aspires to be! And it's not great—either for those households, seemingly, which still (reasonably!) complain of high housing and healthcare and education and childcare costs, or for the federal government being able to balance the budget. (But also, the "nurse in Queens making $75,000" is an imagined person. Average salaries for New York City area <a href="https://www.trustedhealth.com/nurse-salary-guide/new-york">registered nurses</a> run about $96,000.)</p>
<p>The truth of it is that we probably need a broad tax base given how large of a welfare and entitlements state we currently have. We need taxes to fund the things we've decided to do together. I'm OK with scrapping an awful lot of that, and actually doing <em>very little</em> together. But in the absence of making those vast structural changes, it really rubs me the wrong way that Bezos is advocating for a further narrowing of the tax base, acting like households like mine—two income; both white collar—must bankroll nurses and teachers in Queens (both examples he cites in the interview) making $75,000 a year. These would hardly be poverty wages; but also, they're not even accurate descriptors of what nurses and teachers in New York tend to get paid these days. (And for teachers, this salary is in addition to their pensions, mind you, because, as I've reported before, <a href="https://reason.com/2022/09/19/the-partial-myth-of-the-poorly-paid-public-school-teacher/">blue-state teachers don't have it so bad</a>. Tattoo that on my chest and tell it to Elizabeth Warren!)</p>
<p>Elsewhere, Bezos talks more sense:</p>
<blockquote><p>"These people [Democrats like Sen. Elizabeth Warren (D–Mass.)] sometimes say that, that, you know, I don't pay taxes. That's not true.&hellip;If people want me to pay more billions then let's have that debate. But don't pretend you know that this, that that's going to solve the problem. You could double the taxes I pay and it's not going to help that teacher in Queens, I promise you. You can't connect those two things, not logically. You know, there, there are more examples. Why is rent expensive? Why is rent so expensive? I recently saw somebody blamed it on Airbnb. Okay, Airbnb is not the cause of expensive rent. It's already been outlawed in New York City. And rents are still very high. So we know Airbnb isn't causing high rents. What's really causing high rent is government intervention. We subsidize demand with things like tax policy, which is fine, but at the same time, we constrain supply. We constrain supply with things like zoning and permitting. Why does it take so long to get something permitted to build? If you want rents to come down, Econ 101—Really simple. You can't subsidize demand and constrain supply. If you do, prices are going to skyrocket. But this is not anybody's fault other than government policy. And this is fixable. Again, this is a skills issue."</p></blockquote>
<p>And, when asked about Rep. Alexandria Ocasio-Cortez' (D–N.Y.) recent rant—that there's a certain level of wealth and accumulation that is unearned; that you can break rules and abuse labor laws, but you can't earn billions of dollars—Bezos responded:</p>
<blockquote><p>"Let's say you start a burger joint. And you have ten employees and you make a little bit of money.&hellip;And so then you open a second outlet. And now you're making a little bit more money and you have 20 employees and you open a third outlet. By the time you've opened 1,000 outlets, you are a billionaire. And by the way, this is a real life story. It happens all the time. It's In-N-Out burger. It's, you know, Raising Cane's Chicken. At what point did that money all of a sudden become unethical or it didn't? There was one outlet, and then there were two, and then there were three. What you're doing, the way, the way you make $1 billion or $100 million or $10 million or anything, is you create a service that people love. And if millions of people choose your service, you're going to end up with $1 billion."</p></blockquote>
<p>Given how Bezos accurately diagnoses our political problems throughout much of the interview, it's rather disturbing how he doesn't seem to understand a) what the current tax base looks like, and how progressive or regressive federal taxation is; and b) that we probably need a broad tax base and that further splitting into payers and nonpayers might have unintended consequences (like those who pay no taxes voting as if it's all monopoly money).</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>The only mergers and acquisitions <em>I </em>care about: "The Neue Galerie and its collections will come under the Met's administrative umbrella; Mr. Lauder and his daughter Aerin Lauder Zinterhofer will donate a further 13 paintings as well as money to cover costs associated with the merger and support an endowment that will fully fund operations and programming. The name will change to The Met Ronald S. Lauder Neue Galerie, but it will be referred to as The Met Neue Galerie," <a href="https://www.wsj.com/arts-culture/fine-art/the-met-museum-and-the-neue-galeries-ideal-marriage-bc7d38a1?st=WiuDpb">reports</a> <em>The Wall Street Journal. "</em>The Met has deep holdings of work by Paul Klee and Schiele in addition to creations of the Wiener Werkstätte, a sort of early Bauhaus, only in Vienna, where a community of artists designed and made utilitarian objects. And it has a fine Beckmann painting. But its representations of other artists of these schools are spotty at best. So this alliance is transformational." The Met (as well as our Lord and Savior Jesus Christ!) kept me sane when my second-born was in the hospital on the Upper East Side; what a delight that the collection will grow!</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"To reveal how Iran has been <a class="text-module__text__0GDob text-module__inherit-color__PhuPF text-module__inherit-font__1P1hv text-module__inherit-size__EyiQW link-module__link__INqxZ link-module__underline_default__-okuC" href="https://www.reuters.com/business/energy/iraq-pakistan-strike-energy-deals-with-iran-tehran-flexes-hormuz-control-2026-05-12/" data-testid="Link">consolidating control</a> over this strategic chokepoint in recent weeks, Reuters interviewed 20 people with knowledge of the evolving mechanism, including Asian and European shipping sources and Iranian and Iraqi officials, reviewed Iranian documents related to the vetting process, and analysed movements of ships. Taken together, they offer rare insight into how the Iranian scheme functions, with the powerful Islamic Revolutionary Guard Corps <a class="text-module__text__0GDob text-module__inherit-color__PhuPF text-module__inherit-font__1P1hv text-module__inherit-size__EyiQW link-module__link__INqxZ link-module__underline_default__-okuC" href="https://www.reuters.com/world/asia-pacific/irans-guards-seize-wartime-power-blunting-supreme-leaders-role-2026-04-28/" data-testid="Link">playing a central role.</a>" Link <a href="https://www.reuters.com/investigations/iran-is-consolidating-control-hormuz-with-island-checkpoints-diplomatic-deals-2026-05-20/">here</a>.</li>
<li>"Hooters Says Bring the Kids," <a href="https://www.nytimes.com/2026/05/21/style/hooters-restaurant-chain-family-rebrand.html">courtesy of</a> <em>The New York Times.</em></li>
<li>Insane:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Within one 24 hour period, Trump:</p>
<p>- got out of a $100 million IRS fine<br />- secured &quot;immunity&quot; from all future tax investigations for his family and friends<br />- created a $1.8 billion slush fund for lawbreaking supporters<br />- was reported for likely insider trading worth nearly $1&hellip; <a href="https://t.co/8UYkuiAB5p">pic.twitter.com/8UYkuiAB5p</a></p>
<p>&mdash; Derek Thompson (@DKThomp) <a href="https://twitter.com/DKThomp/status/2057089103879864323?ref_src=twsrc%5Etfw">May 20, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>This is patently false. The poor are not "being forced to rely on" services like DoorDash. Eating rice and beans and lentils and chicken breast and apples and dollar burritos and Folgers you brew at home—eating simply, and buying in bulk, and stretching food far by cooking at home—is not oppression. It's how most of our families ate, pretty much always, up until recently; it's how many of us were raised. And now, there's more knowledge-dissemination (check out <a href="https://www.tiktok.com/@tahnee.batchcooking/video/7531075463779781910">FrugalityTok</a>!) than ever before. (Others of us, in far less dire circumstances, have the ability to save time by getting groceries delivered, to then use that time for the higher-ROI activity of cooking at home. There are a lot of different options available to us all now, and truly none of them involve being forced to spend $40 a meal.)</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">This is bc they do not have the time or capacity to create home cooked meals. It's an issue countless ppl have tried to raise w leftists but big leftists online continue to shame/abuse poor ppl for being forced to rely on these services for meals, which act as a tax on the poor <a href="https://t.co/F3azUiucBJ">https://t.co/F3azUiucBJ</a></p>
<p>&mdash; Taylor Lorenz (@TaylorLorenz) <a href="https://twitter.com/TaylorLorenz/status/2057082971803337180?ref_src=twsrc%5Etfw">May 20, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><em>*CORRECTION: This piece initially misstated exactly which households are not paying income tax.</em></p>
<p>The post <a href="https://reason.com/2026/05/21/bankrolling-the-nation/">Bankrolling the Nation</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Credit: CNBC Television / Youtube]]></media:credit>
		<media:description type="html"><![CDATA[Jeff Bezos]]></media:description>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Bezos-5-21-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Racial Slurs as Actionable Intentional Infliction of Emotional Distress			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/racial-slurs-as-actionable-intentional-infliction-of-emotional-distress/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382913</id>
		<updated>2026-05-21T15:31:00Z</updated>
		<published>2026-05-21T12:01:16Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Hate Speech" />		<summary type="html"><![CDATA[UPDATE: Link to transcript in the earlier criminal case, and quotes from the transcript, added]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/racial-slurs-as-actionable-intentional-infliction-of-emotional-distress/">
			<![CDATA[<p>From <a href="https://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=32659929"><em>Allen v. Noble</em></a>, decided last week by Judge Latonia Williams (Conn. Super. Ct. New Haven), plaintiff's factual allegations (for Noble's side of the story, as to the now-dropped criminal charges against her apparently based on the same incident, see this <a href="https://nypost.com/2025/05/13/opinion/im-a-free-speech-champion-arrested-for-words-i-never-said/"><em>N.Y. Post </em>op-ed</a>—she denies that she used slurs, and claims that surveillance video footage shows "[n]o confrontation, not even any interaction, with the accuser" [UPDATE: see below for the transcript of the hearing where the prosecutors dropped the charges]):</p>
<blockquote><p>[P]laintiff alleges the following facts. The plaintiff is an American citizen of African descent, who, during the times alleged in the complaint, was employed as a parking lot attendant for Pro-Park Mobility. The defendant Noble, during the times alleged in the complaint, was the executive director, employee, and agent for service of process of the defendant Buckley Institute. On or about a date prior to July 6, 2023, one or both of the defendants entered into an agreement with the plaintiff's employer to rent parking spaces for one or more of Buckley Institute's employees, including Noble, in the parking lot where the plaintiff works as an attendant (parking lot).</p>
<p>The complaint alleges that on or about July 6, 2023, while the plaintiff was at the parking lot, he informed Noble that the lot was full and he could not provide for her parking needs. The complaint alleges that the plaintiff overheard Noble state, "fucking niggers," and that the plaintiff did not respond to her.</p>
<p>The complaint further alleges that on July 13, 2023, while the plaintiff was on duty within the parking lot, Noble told him she could not find a parking place in the parking lot and the plaintiff said the parking lot was full and could not accommodate her. The complaint alleges that Noble replied: "You's niggers get jobs and don't know how to act!," and that the plaintiff did not respond to her.</p>
<p>The complaint further alleges that on or about July 27, 2023, the plaintiff observed Noble arrive at the parking lot and found that, due to the lot being full, there was no space within the parking lot to park her car. The complaint alleges that at that time, in the presence of, and within the earshot of two individuals and the plaintiff, Noble orally referred to the plaintiff as a "nigger" three times over a parking lot issue.</p>
<p>The complaint states that "[t]he plaintiff, by dint of &hellip; Noble's racially odious, racially demeaning, cruel, abhorrent, and racist epithets towards &hellip; [the plaintiff] had the capacity to hold him up to public ridicule, public humiliation, and has caused him great annoyance, embarrassment, shame, degradation, and moreover, he has suffered in his reputation and has lost the good will of many persons with which he otherwise would have enjoyed by dint of &hellip; Noble's heinous and foul misconduct she directed towards him." &hellip;</p></blockquote>
<p>The court allowed plaintiff's intentional infliction of emotional distress claim to go forward:</p>
<p><span id="more-8382913"></span></p>
<blockquote><p> "In order for the plaintiff to prevail in a case for liability under &hellip; [IIED], four elements must be established. It must be shown: (1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the defendant's conduct was the cause of the plaintiff's distress; and (4) that the emotional distress sustained by the plaintiff was severe." "Liability for [IIED] requires conduct that exceeds all bounds usually tolerated by decent society &hellip;. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community&hellip;. Conduct on the part of the defendant that is merely insulting or displays bad manners or results in hurt feelings is insufficient to form the basis for an action based upon [IIED]."</p>
<p>"Whether a defendant's conduct is sufficient to satisfy the requirement that it be extreme and outrageous is initially a question for the court to determine&hellip;. Only where reasonable minds disagree does it become an issue for the jury." "[I]n assessing a claim for [IIED], the court performs a gatekeeping function. In this capacity, the role of the court is to determine whether the allegations of a complaint&hellip; set forth behaviors that a reasonable fact finder could find to be extreme or outrageous. In exercising this responsibility, the court is not fact finding, but rather it is making an assessment whether, as a matter of law, the alleged behavior fits the criteria required to establish a claim premised on [IIED]." &hellip;</p>
<p>In general, "courts have been more apt to find sufficient allegations of outrageous conduct when that conduct involves violence, the threat of violence, or racial, ethnic, sexual, or religious slurs&hellip;. <em>Lamothe</em> v. <em>Russell </em>(Conn. Super. Ct. 2009) (supervisor constantly belittled, berated, and screamed at the plaintiff, constantly mocked plaintiff by calling her fat, threw objects at or near plaintiff, and, on at least one occasion in front of others, grabbed a cigarette out of plaintiff's mouth and/or hands, while screaming at her); <em>Leone</em> v. <em>New England Communications </em>(Conn. Super. Ct. 2002) (owners subjected plaintiff to constant ethnic slurs, sexually offensive comments, sexually offensive pictures placed on plaintiff's computer, and insulting comments on his sexual preference)." <em>Cortazar</em> v. <em>Staples the Office Superstore </em>(Conn. Super. Ct. 2012)&hellip;.</p>
<p>With respect to the specific word at issue in this case, our Supreme Court [in <em>State v. Lienbenguth </em>(2020)] provides an in-depth discussion of the highly offensive and demeaning nature of the use of the word "nigger." The court states:</p>
<p>Not only is the word "nigger" undoubtedly the most hateful and inflammatory racial slur in the contemporary American lexicon; &hellip;; but it is probably the single most offensive word in the English language. See, e.g., <em>Ayissi-Etoh</em> v. <em>Fannie Mae</em> (D.C. Cir. 2013) (Kavanaugh, J., concurring) ("[The] epithet ['nigger'] has been labeled, variously, a term that 'sums up &hellip; all the bitter years of insult and struggle in America,' [L. Hughes, The Big Sea: An Autobiography], 'pure anathema to African-Americans,' <em>Spriggs</em> v. <em>Diamond Auto Glass</em> (4th Cir. 2001), and 'probably the most offensive word in English.' [Random House Webster's College Dictionary]. See generally [A. Haley, Roots: The Saga of an American Family]; [H. Lee, To Kill a Mockingbird]&hellip;. No other word in the English language so powerfully or instantly calls to mind our country's long and brutal struggle to overcome racism and discrimination against African-Americans."); R. Kennedy, <em>The David C. Baum Lecture: 'Nigger!' as a Problem in the Law</em>, 2001 U. Ill. L. Rev. 935 (although "[t]he American language is (and has long been) rife with terms of ethnic, racial, and national insult: kike, mick, wop, nip, gook, honkie, wetback, chink, [etc.] &hellip; 'nigger is now probably the most offensive word in English'"); Dictionary.com, available at https://www.dictionary.com/browse/nigger?s=t ("The term nigger is now probably the most offensive word in English. Its degree of offensiveness has increased markedly in recent years, although it has been used in a derogatory manner since at least the Revolutionary War.").</p>
<p>In fact, because of the racial prejudice and oppression with which it is forever inextricably linked, the word "nigger," when used by a white person as an assertion of the racial inferiority of an African-American person, "is more than [a] mere offensive utterance &hellip;. No word &hellip; is as odious or loaded with as terrible a history." &hellip; "[T]he term is generally regarded as virtually taboo because of the legacy of racial hatred that underlies the history of its use among whites" &hellip;. "[N]o fact is more generally known than that a white man who calls a black man a 'nigger' within his hearing will hurt and anger the black man and often provoke him to confront the white man and retaliate. The trial court was free to judicially note this fact."). The word being "one of insult, abuse and belittlement harking back to slavery days"; it is uniquely "expressive of racial hatred and bigotry"; and "degrading and humiliating in the extreme &hellip;." For all these reasons, the word rightly has been characterized as "the most provocative, emotionally-charged and explosive term in the [English] language."</p>
<p>In the present case, Noble allegedly referred to the plaintiff as a "nigger" multiple times, on three different days. Thus, for purposes of the motion to strike, the plaintiff has sufficiently alleged facts to support the extreme and outrageous element.</p>
<p>The defendants further argue that the plaintiff fails to allege facts that, if proven true, would show that the plaintiff has suffered "severe" mental distress. Here again, the court disagrees. "The distress necessary to sustain a claim of intentional infliction of emotional distress has been defined simply, but clearly, as 'mental distress of a very serious kind.'" Count two alleges "severe" emotional distress. The severity of the distress is to be determined by the evidence of its intensity and duration in future proceedings; thus, the cases relied on by the defendants involving summary judgment do not assist the court in determining the sufficiency of the allegations&hellip;. Whether the plaintiff suffered "severe" mental distress is for a finder of fact to determine.</p></blockquote>
<p>But the court rejected plaintiff's other claims. As to his slander claim, it reasoned that the slur did "not assert objective fact, but only an opinion." As to the negligent infliction of emotional distress claim, it reasoned (among other things) that that tort applied to a narrow set of cases involving risk of illness or bodily harm. It similarly rejected the claims for negligence and for "wanton and reckless conduct," which generally require a risk of bodily harm. And it rejected an unfair competition claim, in part because it is limited to conduct within business relationships:</p>
<blockquote><p>The supplemental objection argues that Noble's statements occurred during conduct of trade and commerce by way of the defendant's use of the lot while going to and from work. The plaintiff reasons that the claim is satisfied because one of Noble's responsibilities is to show up to work for business and events, and the defendants lease the parking space from the plaintiff's employer; thus, they are engaged in trade or commerce with the parking lot.</p>
<p>However, the plaintiff has failed to provide the court with any binding authority that Noble's act of parking a car in the lot leased by Buckley Institute and/or Noble creates an action in trade or commerce by Noble. "[A]ctivities constitute trade or commerce only if the party is <em>engaged in the business of conducting such activities.</em>" The complaint fails to sufficiently allege that Noble was engaged in trade or commerce.</p></blockquote>
<p>UPDATE 5/21/26, 11:21 am: The Buckley Institute passed along a copy of the <a href="https://reason.com/wp-content/uploads/2026/05/State-v.-Noble-Lauren-03-27-2025_mlabasi-1-2.pdf">transcript</a> in the criminal case against Noble; here's a long excerpt from the prosecutor's explanation of why the charges were dropped:</p>
<blockquote><p>Today the State is entering a nolle based on the sole reason that the State cannot prove this case beyond a reasonable doubt.</p>
<p>The reasons we cannot prove this case beyond a reasonable doubt are there is insufficient evidence to support—support the complaining witness claim; there are inconsistencies in the complaining witness' statements; there are credibility issues; there are—there exists video evidence clearly contradicting the complaining witness' statements; and there is a possibility that this defendant may not be the correct offender based upon the absence of a positive identification procedure.</p>
<p>Factually, the State cannot meet its burden, and as prosecutors we have an ethical obligation not to pursue charges that cannot be proven beyond a reasonable doubt, an obligation that the State takes very seriously.</p>
<p>The allegations here involve the complaining witness who was working as a parking attendant at Propark Parking at the Wall Street lot. And he alleged that this defendant made racist comments to him on three separate occasions. Those dates were July 6th, 2023, July 13th, 2023, and July 27th, 2023.</p>
<p>In regards to the July 6th date, the complaining witness said in a written statement that he was working as a pro—for Propark as a parking attendant when the defendant was attempting to park in the lot; that the complaining witness told her that the parking lot was full. The complaining witness said he heard the defendant say a racist slur towards him once he informed her that there was no parking available at this time.</p>
<p>Later he gave a statement that was captured on body-worn camera. And at that time the complaining witness said that the defendant pulled up to the lot and noticed the lot was full and then uttered a racial slur before flying out of the parking lot.</p>
<p>There are several inconsistencies with the complainant's allegations in regards to the July 6 statement. The State obtained video evidence of the parking lot on July 6th, 2023 which clearly shows two blue SUVs pull into the parking lot at similar times. One is the defendant's SUV and the other individual is driving a blue SUV is also a white woman, like the defendant. The parking lot is clearly not full as the complaining witness alleged in his statements. The defendant parks her vehicle, exits the parking lot walking with absolutely no interaction with the complaining—complaining witness. The defendant does not drive out of the parking lot as the complaining witness alleges, but clearly parks in a lot that is not full, gets out of her car, and walks out of the parking lot.</p>
<p>On this date, the complaining witness has an interaction with another woman who was also a white woman, like the defendant and drives a blue SUV. When the State interviewed the complaining witness, he had first said maybe he got the date wrong, and then he said, no, I'm sure it was July 6th because my sister's birthday is July 7th.</p>
<p>Complaining witness never said he may be unsure about the date or did—he did not give a range of dates. He always said it was July 6th, July 13th, and July 27th. Complaining witness also is inconsistent as to what happened in his written statement and his recorded statement on body-worn camera. It seems he flipped what is said on July 6th and on July 13th.</p>
<p>During complaining witness's interview with the State, he also said he had just started working a few days prior to the July 6th date and didn't know who all the people were who were parking their cars in the lot. He also stated, so around this time I was just starting and I don't know who was who.</p>
<p>The complaining witness also said the defendant's car pulled in the lot around 10:30, 11 on July 6th and clearly on video, the car pulls into the lot at 9:13 a.m.</p>
<p>In regards to the July 13th allegations, that's July 13th, 2023. Again, the complaining witness gave a written statement and stated that defendant's vehicle was blocked in by another vehicle the previous day on July 12th. And there was no verbal argument on that day.</p>
<p>He then stated on July 13th, 2023 defendant's vehicle was again blocked in and they had a verbal argument. Complainant blamed the defendant for her vehicle being blocked in and again uttered a racial slur towards the complaining witness.</p>
<p>In a later statement captioned on body-worn camera, the complainant says defendant approached his booth to complain about being blocked in the day before by another car and then uttered a racial slur.</p>
<p>Again, the State was able to obtain video of the July 13th, 2023 date. The video clearly shows defendant's car pull into the lot at 9:06 a.m. and her windows are up and she parks her vehicle. The complaining witness is seen walking away from the area of the defendant's vehicle and there's absolutely no interaction between the two parties. Defendant parks her vehicle, the lot is not full as the complaining witness alleges, and exits—she exits the church parking lot. Defendant never, on the video, approaches the booth where the complaining witness is located.</p>
<p>The third date in question is July 27th, 2023. On this date, the complaining witness' supervisor, Misty Doss was assisting with the parking lot because there was an event that was being held that day. The complaining witness said he saw defendant coming and told Misty of his previous problems with the defendant. The complainant said he was nearby when Misty approached the defendant to tell her that her vehicle may be blocked in to an event—due to an event today.</p>
<p>The complaining witness said he heard defendant say to Misty, referring to him by a racial slur and that Misty said, it's the rules of the lot, and then the defendant then again uttered a racial slur toward the complaining witness.</p>
<p>Misty Doss gave a statement captured on body-worn cam about the July 27th, 2023 interaction. She said she approached the defendant and asked her for—for her car keys and that the defendant was furious and started insulting her. She stated that they had a heated argument and defendant stomped her foot. Misty said that the defendant then referred to the complaining witness by a racial slur and said that he better not touch her car while the complaining witness was a car-and-a-half length away talking to another customer.</p>
<p>Again, the State obtained video evidence of the July 27th, 2023 allegation. The interaction between the defendant and Misty is captured on video but defendant does not stomp her foot or point in any direction. In fact, you cannot even see the complaining witness on the video when the defendant and Misty interact.</p>
<p>Police reports state that Misty told the police, quote, Noble, referring to the defendant did not point or direct at any—any of the berating towards Allen at any time; Allen is the complaining witness. This is inconsistent with the complaining witness' statement.</p>
<p>Again, there was no interaction on this date between this defendant and the complaining witness. The complaining witness also alleged that another witness by the name of William Henton was a witness to the July 27th interaction. He was in the parking lot that day, according to the complaining witness, fixing his vehicle and overheard the interaction.</p>
<p>Again, the State reviewed body-worn camera—I'm sorry.—video footage, not body-worn camera footage from this date and this individual is not on video fixing his car at the time that the defendant and Misty had their interaction.</p>
<p>In addition to these factual inconsistencies, there is an issue regarding the identification of the defendant as the individual who allegedly uttered these racial slurs. The complaining witness has said on multiple occasions that he started working a few days prior to the July 26th, 2023 date and he was unsure of who was who.</p>
<p>Complainant does have what appears to be an altercation with a white woman who drives a dark SUV similar to defendants on the first date, but this is not the defendant. Additionally, there was never an identification procedure where the complaining witness was asked to identify the alleged individual who uttered—uttered these racial slurs.</p>
<p>There also exists potential <u>Brady</u> and <u>Giglio</u> material on complaining witness's telephone which the complainant has said repeatedly doesn't exist, although the State has reason to believe it does exist based on the complaining witness statements captured on police officer body-worn camera.</p>
<p>The State also takes its <u>Brady</u> and <u>Giglio</u> obligations seriously and this is just one of the many reasons why the State cannot proceed with this prosecution&hellip;.</p>
<p>So in conclusion, I'd just like to state that the allegations made by the complainant are serious and the State has taken these allegations quite seriously. We did a thorough investigation into this—these allegations. And after that thorough investigation, the State has concluded that these allegations cannot be proven beyond a reasonable doubt. And therefore, today we are entering a nolle on all charges&hellip;.</p></blockquote>
<p>And here's an excerpt from Mr. Allen's statement at the hearing:</p>
<blockquote><p>So I know the prosecutor, excuse me.—mentioned that on the 27th I had an altercation with another young lady. It wasn't an altercation; it was discussing about where she could park and where she couldn't park. I don't know if she's seen the video. I have the video. Yes. I've been—had the video with my attorney.</p>
<p>Same video, another video that I have with Miss Nolles (as said) and my supervisor getting into it, I have that video as well. So when she said I got into it with someone it was—I didn't know who I was talking to or who I was arguing with, 'cause clearly I—I can tell. The young lady I was talking to was shorter, didn't have glasses. Miss Nolles was taller with glasses.</p>
<p>I mean, everyday people have a bad day, wonderful days, great days, some people, but when you have a bad day you shouldn't take it out on someone else based on whatever situation is going on that day.</p>
<p>Just like what I told my attorney, and I told the—and the prosecutor, I didn't know Miss Nolles. I didn't know a lot of people at the parking lot, I was still feeling people out. But at the end of the day, it was a little issue on I had this day right, this day wrong, whatever the case is, just like when we watched the video, if you watched the video, once it starts playing, it starts jumping. Some things you see, some things you don't see. Just like was mentioned at her car, Miss Nolles—excuse me.—Miss Nolles' car was already in the parking lot on a particular day. But it was—oh, Nobles. I apologize. Miss Nobles, on a particular day.</p>
<p>Clearly the video that I have doesn't show that her car was even in the parking lot; it was a whole entire different SUV. She has a blue Mercedes, this was a blue Audi. Two different cars.</p>
<p>But again, like I said, you know, you got to make a decision based on how you feel or your burden of proof or not proof but, you know racism is born every day&hellip;.</p></blockquote>
<p>And an excerpt from the statement by Mr. Allen's lawyer:</p>
<blockquote><p>With respect to the last date in question, that'll be July 27th. In addition to one independent witness, Misty Doss, there was also a Mr. William Henton who is the head sexton at United Church of Christ on the Green here in New Haven that owns the parking lot. He was there that day. That information was made available to the police as well as to the prosecutor.</p>
<p>So, I think that if a jury has problems with two of the dates that are in question where there is no independent witness, perhaps they wouldn't with the third&hellip;.</p></blockquote>
<p>Of course, the dropping of the criminal charges doesn't legally preclude the civil case from going forward: That a prosecutor thought the case can't be proved beyond a reasonable doubt (the criminal standard) doesn't prevent a jury concluding that the case can be proved by a preponderance of the evidence (the civil standard). But presumably the same video evidence will be introduced at the civil trial as well, and the jury can draw their conclusions from it (as well as the other evidence).</p>
<p>Note, by the way, that I spoke at a <a href="https://buckleybeacon.com/2025/10/23/buckley-institute-hosts-scholars-to-discuss-birthright-citizenship-sex-transition-cases-in-scotus/">Buckley Institute event</a> last Fall, and was paid a modest honorarium. The event had nothing to do with this case, and nothing to do with this post. (Naturally, I'm generally happy to add updates with further information, such as court transcripts, relevant to my posts, regardless of whether I had dealt with the organization before or not.)</p>
<p>The post <a href="https://reason.com/volokh/2026/05/21/racial-slurs-as-actionable-intentional-infliction-of-emotional-distress/">Racial Slurs as Actionable Intentional Infliction of Emotional Distress</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 21, 2007			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/today-in-supreme-court-history-may-21-2007-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8331795</id>
		<updated>2025-05-22T02:56:17Z</updated>
		<published>2026-05-21T11:00:51Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/21/2007: Bell Atlantic Corp. v. Twombly decided.
The post Today in Supreme Court History: May 21, 2007 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/today-in-supreme-court-history-may-21-2007-7/">
			<![CDATA[<p>5/21/2007: Bell Atlantic Corp. v. Twombly decided.</p> <figure id="attachment_8030058" aria-describedby="caption-attachment-8030058" style="width: 500px" class="wp-caption aligncenter"><img fetchpriority="high" decoding="async" class="wp-image-8030058 size-full" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/2006-2009-Roberts.jpg" alt="" width="500" height="397" srcset="https://reason.com/wp-content/uploads/2019/10/2006-2009-Roberts.jpg 500w, https://reason.com/wp-content/uploads/2019/10/2006-2009-Roberts-300x238.jpg 300w" sizes="(max-width: 500px) 100vw, 500px" /><figcaption id="caption-attachment-8030058" class="wp-caption-text">The Roberts Court (2006)</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/21/today-in-supreme-court-history-may-21-2007-7/">Today in Supreme Court History: May 21, 2007</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Damon Root</name>
							<uri>https://reason.com/people/damon-w-root/</uri>
						<email>damon.root@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/scotus-term-limits-may-be-a-good-idea-but-they-still-require-a-constitutional-amendment/" />
		<id>https://reason.com/?p=8382835</id>
		<updated>2026-05-20T20:14:54Z</updated>
		<published>2026-05-21T11:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Term Limits" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[Lifetime tenure for federal judges has been the constitutional practice since ratification.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/scotus-term-limits-may-be-a-good-idea-but-they-still-require-a-constitutional-amendment/">
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		<p>Of the various ideas that have been proposed over the years to "reform" the U.S. Supreme Court, the call for imposing term limits on the justices has generally enjoyed the broadest bipartisan support.</p>
<p>At the same time, however, it would be among the most difficult of changes to bring about, as any such alteration to the federal judiciary would require a new constitutional amendment in order to go into effect.</p>
<p>Or would it? A recent <em>New York Times</em> <a href="https://www.nytimes.com/2026/05/19/opinion/supreme-court-tenure.html">op-ed</a> made the case for SCOTUS term limits and confidently asserted that they "can be imposed through federal law," no pesky constitutional amendment required.</p>
<p>Is that correct?</p>

<p>According to Article III, Section 1, of the Constitution, "the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour." That language has long been understood to mean a lifetime appointment from which a federal judge may only be booted via the formal impeachment and removal process. Generally speaking, federal judges get to keep their jobs until they retire or die.</p>
<p>Perhaps the leading authority for this understanding of the constitutional text is <a href="https://guides.loc.gov/federalist-papers/text-71-80#s-lg-box-wrapper-25493470"><em>Federalist </em>No. 78</a>, which was written during the ratification debates in 1788 by Alexander Hamilton to explain the purposes and powers of the judicial branch. "The permanent tenure of judicial offices," he explained, was placed in the Constitution in order to bolster "that independent spirit in the judges, which must be essential to the faithful performance of so arduous a duty." Having a job for life, Hamilton argued, would insulate federal judges from "the encroachments and oppressions" of the other branches. By contrast, Hamilton wrote, "that inflexible and uniform adherence to the rights of the constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission."</p>
<p>When you contrast the phrase "permanent tenure" with the phrase "temporary commission," it is easy enough to understand why lifetime judicial tenure has been the constitutional practice since the document was ratified.</p>
<p>Additional support for this original understanding of the Good Behaviour Clause may be found in the fact that a constitutional amendment requiring term limits for federal judges was <a href="https://babel.hathitrust.org/cgi/pt?id=uc1.$c227015&amp;seq=19">introduced</a> in Congress in 1807. In other words, less than two decades out from ratification, federal lawmakers thought that they could only limit a federal judge's days in office via the amendment process (or via impeachment). Why would such lawmakers bother to propose an amendment if they thought they could do it by legislation alone?</p>
<p>Judicial term limits may be a good idea. I'm not opposed to them and can imagine some upsides that might follow from the change.</p>
<p>But the notion that such a big transformation of Article III may be accomplished without the passage and ratification of a new amendment does not pass the constitutional smell test.</p>
<hr />
<h1><strong>The 'Polls' Are Still Open</strong></h1>
<p>I recently <a href="https://reason.com/2026/05/19/ranking-the-worst-supreme-court-decisions-of-all-time/">encouraged readers</a> to weigh in with their thoughts on what cases should be included on a list of the worst Supreme Court decisions of all time. I have already received a number of thoughtful and interesting responses. Thank you to everyone who took the time out of their busy days to write to me.</p>
<p>There's still room for more entries. So if you harbor a burning desire to denounce one or more SCOTUS decisions, now is your time to let the denunciations fly. If I receive enough responses, I'll discuss them in a future newsletter.</p>
<p>The post <a href="https://reason.com/2026/05/21/scotus-term-limits-may-be-a-good-idea-but-they-still-require-a-constitutional-amendment/">SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[A blue tinted paper with dates and the words "term limits" across the background with the U.S. Supreme Court Building in the foreground]]></media:description>
		<media:title><![CDATA[05.20.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>C.J. Ciaramella</name>
							<uri>https://reason.com/people/cj-ciaramella/</uri>
						<email>cj.ciaramella@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				It's Not Just ICE Stockpiling Weapons—the IRS, EPA, and Other Feds Are Arming Up Too			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/beware-the-blob-of-federal-police/" />
		<id>https://reason.com/?p=8378389</id>
		<updated>2026-04-24T19:10:45Z</updated>
		<published>2026-05-21T10:00:17Z</published>
			<category scheme="https://reason.com/latest/" term="Bureaucracy" /><category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police State" /><category scheme="https://reason.com/latest/" term="Big Government" /><category scheme="https://reason.com/latest/" term="Environmental Protection Agency" /><category scheme="https://reason.com/latest/" term="Federal Agencies" /><category scheme="https://reason.com/latest/" term="Federal agents" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="IRS" />		<summary type="html"><![CDATA[An armed IRS agent roaming the streets should send shivers down the spine of any freedom-loving American.]]></summary>
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		<p>Federal immigration agencies are stockpiling massive amounts of weapons and ammunition. During the first year of President Donald Trump's second term, according to a February <a href="https://www.schiff.senate.gov/wp-content/uploads/2026/02/ARMED-FOR-VIOLENCE-REPORT2.18.26.pdf">report</a> from the office of Sen. Adam Schiff (D–Calif.), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) "committed to spending more than $144 million on weapons, ammunition, and related accessories."</p>
<p>That represents a huge increase—four times more than ICE's 2024 contracts and double what CBP spent in 2024. The orders include thousands of rifles and handguns, more than $30 million in ammunition, and $25 million in "less-lethal" and crowd-control weapons.</p>
<p>Both agencies "have dramatically ramped up commitments to acquire sophisticated and deadly gear usually reserved for the U.S. military and highly trained, specialized police units," Schiff's report warns. But even if ICE and CBP were defunded, it would not be a mortal blow to the Trump administration's ambitions. As journalist Felipe De La Hoz <a href="https://slate.com/news-and-politics/2026/02/democratic-plan-reform-ice-trump-fail.html">noted</a> in a February 9 <em>Slate</em> article, the Department of Homeland Security (DHS), which includes ICE and CBP, is just one part of a vast and increasingly interchangeable federal law enforcement "blob."</p>
<p>De La Hoz observed the scope of the blob firsthand when he was covering an immigration raid and saw a federal agent wearing a vest that read <em>IRS-CI</em>—short for the Internal Revenue Service's Criminal Investigation division. U.S. marshals, Bureau of Prisons officers, and agents employed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives also have been spotted working with ICE. De La Hoz described "a catchall national police force operating at the direction of the White House itself, used for diffuse political goals like immigration enforcement, speech crackdowns, and occupying politically oppositional cities."</p>
<p>In truth, obscure law enforcement components of federal departments have been quietly arming themselves for years. Often those developments come to public attention only when someone wonders when <em>those guys</em> got machine guns.</p>
<p>In 2013, Environmental Protection Agency (EPA) agents wearing body armor and toting rifles raided a gold mining operation in Alaska to investigate potential Clean Water Act violations. The raid outraged Republicans.</p>
<p>"In a classic case of federal government power creep, close to 200 armed EPA agents are roaming our country," Sen. Dan Sullivan (R–Alaska) <a href="https://www.eenews.net/articles/images-offer-fresh-look-at-alaska-raid-that-left-miners-fuming/">said</a> in response to the incident. "It is a disturbing fact." Sullivan introduced legislation to strip the EPA of its weapons, but the bill never passed.</p>
<p>To his credit, Sullivan has been more skeptical of ICE enforcement than most of his Republican colleagues. But if an armed EPA agent is disturbing, surely an armed IRS agent roaming the streets should send shivers down the spine of any freedom-loving American. Like its horror movie namesake, the federal police blob should be frozen and chopped to pieces.</p>
<p>The post <a href="https://reason.com/2026/05/21/beware-the-blob-of-federal-police/">It&#039;s Not Just ICE Stockpiling Weapons—the IRS, EPA, and Other Feds Are Arming Up Too</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Joanna Andreasson Source images: iStock]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of an IRS agent carrying a rifle]]></media:description>
		<media:title><![CDATA[topicscriminaljustice]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Where's the Beef?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/brickbat-wheres-the-beef-3/" />
		<id>https://reason.com/?p=8382266</id>
		<updated>2026-05-19T02:22:20Z</updated>
		<published>2026-05-21T08:00:20Z</published>
			<category scheme="https://reason.com/latest/" term="Climate Change" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Denmark" /><category scheme="https://reason.com/latest/" term="Meat" />		<summary type="html"><![CDATA[A politician in Denmark defended guidelines that would limit residents in government-run nursing homes to just 2.8 ounces of beef,&#8230;
The post Brickbat: Where&#039;s the Beef? appeared first on Reason.com.
]]></summary>
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		<p>A politician in Denmark <a href="https://nypost.com/2026/05/06/world-news/danish-pol-defends-guidelines-limiting-nursing-home-residents-to-2-8oz-of-beef-a-week/">defended guidelines</a> that would limit residents in government-run nursing homes to just 2.8 ounces of beef, lamb, or veal per week as part of the country's climate goals. Birgitte Kehler Holst of The Alternative, a Danish green party, said even the elderly should help reduce meat consumption because their generation had "screwed up" the climate—comments that caused major backlash. Critics argued the rules unfairly punish older people and amount to forcing a vegetarian agenda on them, while supporters said cutting meat consumption is necessary to reduce carbon emissions. Holst later apologized for the way she spoke but still defended serving less meat in nursing homes as part of healthier and more environmentally friendly policy.</p>
<p>The post <a href="https://reason.com/2026/05/21/brickbat-wheres-the-beef-3/">Brickbat: Where&#039;s the Beef?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Elderly people sit around a table with empty plates, in front of a picture of meat.]]></media:description>
		<media:title><![CDATA[danish-nursing-home-meat-limit-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/danish-nursing-home-meat-limit-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/open-thread-211/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382680</id>
		<updated>2026-05-21T07:00:00Z</updated>
		<published>2026-05-21T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/open-thread-211/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/21/open-thread-211/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				There Is No Equitable Constitutional Cause Of Action To Challenge The Presidential Record Act Policy			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/there-is-no-equitable-constitutional-cause-of-action-to-challenge-the-presidential-record-act-policy/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382922</id>
		<updated>2026-05-21T03:19:13Z</updated>
		<published>2026-05-21T03:19:13Z</published>
					<summary type="html"><![CDATA[The Supreme Court needs to bring clarity to this issue.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/there-is-no-equitable-constitutional-cause-of-action-to-challenge-the-presidential-record-act-policy/">
			<![CDATA[<p>Last month, I <a href="https://www.civitasinstitute.org/research/trump-refights-the-war-that-congress-and-the-burger-court-waged-against-president-nixons-tapes">wrote</a> about the Office of Legal Counsel's opinion finding that the Presidential Records Act was inconsistent with <em>Trump v. Mazars</em>. <a href="https://reason.com/volokh/2026/04/16/who-owns-the-presidents-papers/">Somewhat remarkably</a>, <a href="https://www.justsecurity.org/136242/presidential-records-act-constitutional/">several</a> <a href="https://www.lawfaremedia.org/article/a-new-low--presidential-records-and-the-role-of-olc">writers</a> have attacked the opinion, but minimize, or even ignore, <em>Mazars</em>.</p>
<p>The American Historical Association filed suit, arguing that it is injured because at some point in the future, it will not be able to access certain presidential documents. <a href="https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2026cv1402-15">Federal district court Judge Bates</a> has found the new policy is likely unconstitutional. You know things are going south when the first sentence is a quote from 1984.</p>
<p>Again, even more remarkably, the court finds that <em>Mazars</em> has little bearing on the case.</p>
<blockquote><p>Mazars is even less on point. There, the Supreme Court only concluded that the legislative subpoenas in question implicated the separation of powers, without determining how each factor panned out. And Mazars involved Congress's implied investigative powers; it focused on the lack of authority to issue legislative subpoenas without any discernable legislative purpose. That discussion is not relevant here because Congress has independent, enumerated authority to enact the Records Act under the Property Clause and the Necessary and Proper Clause, without relying on any implied authority.</p></blockquote>
<p><em>Mazars</em> was a delicate compromise by the Supreme Court, with a different composition at a different time. I suspect that even the Chief will not be pleased with how his ruling is being cast aside.</p>
<p>Lets put aside the merits for now. The plaintiffs have no equitable constitutional cause of action. Yet Judge Bates finds a cause of action on two grounds.</p>
<p>First, the court invokes <em>Youngstown</em>:</p>
<blockquote><p>Most importantly here, plaintiffs likely have an equitable constitutional cause of action under Youngstown (Historian-Oversight Count I and Press-CREW Count IV) . . . In other words, and as in Youngstown, this case "involve[s] the conceded absence of any statutory authority, not a claim that the President acted in excess of such authority." Dalton, 511 U.S. at 473. And "[w]hen the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Youngstown, 343 U.S. at 637 (Jackson, J., concurring). "Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution." Id. at 638. As icing on the cake, the government itself argues that the President has "conclusive and preclusive" power over presidential records, squarely placing this case within the Youngstown framework.</p></blockquote>
<p>This analysis completely misunderstands why there was a cause of action in <em>Youngstown</em>. In the Steel Seizure case, the government seized the plaintiffs' property. That control of private property created a traditional cause of action. The court here conflates the merits analysis ("conclusive and preclusive") with the threshold question of whether there is a cause of action that was recognized in 1787. Seth Barrett Tillman and I discuss this issue in our <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3927246">article</a> on causes of action:</p>
<blockquote><p>In Youngstown, the mill owners did not assert a free-floating equitable cause of action to challenge Secretary Sawyer's illegal seizure. Rather, the mill owners' brief explained that their cause of action was based on resolving "a simple cloud on title" of the mills.307 The cause of action to resolve a cloud on title, the mill owners argued, "has always moved equity to grant relief because no other remedy is complete or adequate."308 The mill owners contended that "[t]he seizure of the properties and business of the plaintiffs, with its host of uncertainties and legal and practical problems arising from the ambiguous position in which the owners are left, should appeal to equity at least as strongly as a cloud on title."309 Youngstown was decided half a century before Grupo Mexicano. Still, the mill owners used a Grupo Mexicano-like framework to establish equitable jurisdic-tion. They demonstrated that their cause of action was "analogous" to an equita-ble cause of action that would have been recognized by the High Court of Chancery in 1789.310 <strong>The government seized the mill owners' property. That sei-zure, much like a taking or temporary taking, nullified their property rights.</strong> The plaintiffs did not rely on a generalized allegation of ultra vires conduct by the Secretary of Commerce; instead, they relied on a cause of action to quiet title— their title to their property. Here too, Youngstown was in the heartland of histori-cal equity jurisdiction involving disputed property rights.</p></blockquote>
<p><em>Youngstown </em>is completely inapposite. The government is not regulating any property the plaintiffs currently have. At most, they are asserting some future interest in property. The Plaintiffs fail to identify any analogous equitable cause of action.</p>
<p>Judge Bates invokes a second ground for an equitable cause of action: <em>Armstrong v. Exceptional Child Center</em>.</p>
<blockquote><p>For similar reasons, plaintiffs likely also have an equitable cause of action under Armstrong v. Exceptional Child Center. There, the Supreme Court observed that the "power of federal courts of equity to enjoin unlawful executive action is subject to express and implied statutory limitations." 575 U.S. at 327 (quotation omitted). As a result, where a statute implicitly precludes review, plaintiffs cannot circumvent that preclusion by relying on equity. Id . . . Here, in contrast, Armstrong I and Armstrong v. EOP, 1 F.3d 1274, 1294 (D.C. Cir. 1993) (Armstrong II), establish that certain kinds of review involving the Records Act are implicitly precluded by the statutory scheme while others are not.</p></blockquote>
<p>It is remarkable that civil rights groups have been citing this case for more than a decade, even though the Court found there was no cause of action. Every single case that cites <em>Armstrong</em> has to distinguish the precedent.</p>
<p>In recent years, the Court has clawed back on implied and equitable causes of action. Should this case ever make it to the Supreme Court, I would predict five solid votes to find there is no cause of action, and in the process reject these free-floating claims based on perversions of <em>Youngstown </em>and <em>Armstrong</em>.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/20/there-is-no-equitable-constitutional-cause-of-action-to-challenge-the-presidential-record-act-policy/">There Is No Equitable Constitutional Cause Of Action To Challenge The Presidential Record Act Policy</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/us-court-of-international-trade-refuses-to-stay-injunction-against-trumps-section-122-tariffs/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382919</id>
		<updated>2026-05-21T02:32:06Z</updated>
		<published>2026-05-21T02:32:06Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Nationwide Injunctions" />		<summary type="html"><![CDATA[The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/us-court-of-international-trade-refuses-to-stay-injunction-against-trumps-section-122-tariffs/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8024175"><img decoding="async" class="alignnone size-medium wp-image-8024175" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/09/Tariffs-300x199.jpg" alt="" width="300" height="199" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2019/09/Tariffs-300x199.jpg 300w, https://reason.com/wp-content/uploads/2019/09/Tariffs-768x511.jpg 768w, https://reason.com/wp-content/uploads/2019/09/Tariffs-1024x681.jpg 1024w, https://reason.com/wp-content/uploads/2019/09/Tariffs.jpg 1161w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>NA</figcaption></figure> <p>On May 8, the US Court of International Trade <a href="https://reason.com/volokh/2026/05/07/us-court-of-international-trade-rules-against-trumps-section-122-tariffs/">ruled that Donald Trump's massive new Section 122 tariffs are illegal</a>, in cases brought by the Liberty Justice Center (on behalf of two small businesses) and 24 state governments, led by Oregon. Today, the CIT <a href="https://www.cit.uscourts.gov/sites/cit/files/26-53.pdf">rejected the Trump Administration's motion</a> to stay the injunction blocking further collection of the tariffs until the litigation over the case is done.</p> <p>This is a potentially very significant ruling. Last year, in the case challenging Trump's IEEPA tariffs, LJC and I secured an injunction against them from the CIT, but that injunction was then stayed until the Supreme Court finally decided the case, almost a year later. That led to the collection of some $166 billion of illegal tariffs, and caused all sorts of harm that cannot be compensated by refunds (which the Trump administration only recently <a href="https://www.usatoday.com/story/money/2026/05/13/trump-tariff-refunds-begin/90061754007/">finally began to pay</a>). As I explained <a href="https://reason.com/volokh/2025/06/06/the-legal-battle-over-the-motion-to-stay-the-decision-against-trumps-tariffs/" data-mrf-link="https://reason.com/volokh/2025/06/06/the-legal-battle-over-the-motion-to-stay-the-decision-against-trumps-tariffs/">at the time</a> the IEEPA stay motion was being litigated:</p> <blockquote><p>One factor courts consider in assessing a motion to stay is which side is likely to ultimately prevail on the merits&hellip;.</p> <p>Another key factor is which side is likely to suffer "irreparable harm" if they lose on the stay issue. We argue that our clients - and thousands of other businesses - will suffer great irreparable harm if a stay is imposed. They will lose sales due to higher prices, good will can be lost, relationships with suppliers and investors will be disrupted, and more. Those harms can't be made up merely by refunding tariff payments months from now, after the appellate process concludes.</p></blockquote> <p>In today's ruling, the CIT recognized the significance of these issues, noting that "[a] stay will compound the losses, such as 'lost profits and damage to business relationships, investments, and innovation' as a result of the Section 122 tariffs."</p> <p>The immediate effect of this ruling is limited. The administration is likely to appeal it to the US Court of Appeals to the Federal Circuit, and ultimately perhaps even the Supreme Court. Moreover, the CIT injunction in this case is limited to the state of Washington and the two businesses represented by LJC. For procedural reasons, the court decided these are the only plaintiffs who have standing to challenge the tariffs, because they are the only ones who presented sufficient evidence that they directly import goods subject to the tariffs.  But, as noted in <a href="https://reason.com/volokh/2026/03/04/us-court-of-international-trade-orders-refund-of-all-illegally-collected-ieepa-tariffs/">my post</a> about the CIT ruling on the merits of the case, many of the other states involved in the litigation likely also import covered goods, and they should be able to move to get a broader injunction, quite possibly one that would apply nationwide.</p> <p>The CIT seems to have learned from the mistaken decision to stay the injunction against the IEEPA tariffs. Hopefully, the Federal Circuit and (if the issue gets there) the Supreme Court will rule the same way.</p><p>The post <a href="https://reason.com/volokh/2026/05/20/us-court-of-international-trade-refuses-to-stay-injunction-against-trumps-section-122-tariffs/">US Court of International Trade Refuses to Stay Injunction Against Trump&#039;s Section 122 Tariffs</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[NA]]></media:credit>
		<media:title><![CDATA[Tariffs]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/09/Tariffs-1161x675.jpg" width="1161" height="675" />
	</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Matt Yglesias on Libertarianism, Abundance Liberalism, and a Possible Alliance Between the Two			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/matt-yglesias-on-libertarianism-abundance-liberalism-and-a-possible-alliance-between-the-two/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382840</id>
		<updated>2026-05-21T00:08:58Z</updated>
		<published>2026-05-20T23:45:30Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="Democracy" /><category scheme="https://reason.com/latest/" term="Libertarianism" />		<summary type="html"><![CDATA[Yglesias supports an alliance and has key points of agreement with libertarians, but also criticisms of libertarianism. I welcome former and respond to the latter.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/matt-yglesias-on-libertarianism-abundance-liberalism-and-a-possible-alliance-between-the-two/">
			<![CDATA[<figure id="attachment_8321616" aria-describedby="caption-attachment-8321616" style="width: 300px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8321616" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/03/abundance-detail-300x169.jpg" alt="" width="300" height="169" data-credit="Avid Reader Press" srcset="https://reason.com/wp-content/uploads/2025/03/abundance-detail-300x169.jpg 300w, https://reason.com/wp-content/uploads/2025/03/abundance-detail-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2025/03/abundance-detail-768x432.jpg 768w, https://reason.com/wp-content/uploads/2025/03/abundance-detail-800x450.jpg 800w, https://reason.com/wp-content/uploads/2025/03/abundance-detail-600x338.jpg 600w, https://reason.com/wp-content/uploads/2025/03/abundance-detail-331x186.jpg 331w, https://reason.com/wp-content/uploads/2025/03/abundance-detail.jpg 1161w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8321616" class="wp-caption-text">Image of abundance.&nbsp;(Avid Reader Press)</figcaption></figure> <p>&nbsp;</p> <p>In April, I wrote <a href="https://reason.com/volokh/2026/04/23/two-cheers-for-abundance-liberalism/">a post</a> praising "abundance liberalism" (despite some reservations about it) and urging an alliance between abundance liberals and libertarians. Matt Yglesias - one of the most prominent abundance liberal political commentators - has written <a href="https://www.theargumentmag.com/p/what-libertarians-get-wrong-about">an insightful piece</a> responding to mine. He supports the idea of an alliance and notes other points of agreement, but also makes various criticisms of libertarianism.</p> <p>First - and most important - Yglesias endorses the proposal for alliance:</p> <blockquote><p>Somin argued that his fellow travelers in the libertarian camp should seek an alliance with the center-left. The traditional Cold War-era "fusionist" alliance between libertarians and cultural conservatives is, he thinks, dead and should be replaced by an effort to build bridges with the abundance camp on the center-left, even if he thinks we don't go far enough.</p> <p>I am all for this alliance.</p></blockquote> <p>Welcome! Yglesias's support - while much more significant than mine (because he has much greater political influence) - may not by itself be sufficient to make this alliance happen. But it's definitely a step in the right direction.</p> <p>Second, Yglesias seems to at least partly agree with my argument that many liberals are inconsistent in endorsing deregulation in some areas (e.g. - housing and immigration), while refusing to do so in others, without offering any consistent rationale for the distinction:</p> <blockquote><p>[T]he concept of abundance ought to mean more than progressives owning up to overregulation of the housing sector being a problem.</p> <p>Housing is the <a href="https://ipsr.unit2.ku.edu/ksdata/ksah/business/7gsp1.pdf">single largest sector of the economy</a>, so problems there loom unusually large&hellip;.</p> <p>But the basic principles about the positive-sum nature of market exchange and the tendency of regulatory systems to become cesspools of rent seeking are quite general.</p> <p>In a saner, better world, the Trumpian turn away from liberalism inside the Republican Party coalition should have meant a process of reconciliation between Democrats and at least some of the market liberals of the center right. Instead, a large share of the Democratic Party has reacted to the Republicans' abandonment of markets by simply embracing alternative zero-sum accounts of the economy like <a href="https://www.theguardian.com/business/2023/dec/07/greedflation-corporate-profiteering-boosted-global-prices-study">greedflation</a>.</p></blockquote> <p>The point here is indeed "quite general" and Yglesias and other abundance liberals have done valuable work in making that clear, including, for example, in his <a href="https://www.slowboring.com/p/maybe-all-rental-housing-should-be">recent article</a> condemning efforts to bar institutional investors from owning housing. They don't generalize this insight as much as they should. But the recognition that it is indeed a general insight that applies to most, if not all, policy areas is significant.</p> <p>Third, Yglesias is right to note that which parties and groups libertarians (and other free market advocates) end up aligned with is a matter of historical contingency. Whether the most logical coalition for them is with the conservatives, left-liberals, or some other group will vary depending on the salient issues of the day, the structure of the political system, and other factors.</p> <p>Yglesias nonetheless offers several criticisms of libertarianism, which I will now address. Even if we continue to differ on these points, they don't preclude an alliance. But they are worth considering, regardless.</p> <p>First, Yglesias argues libertarians have a tendency towards "extremism":</p> <blockquote><p>Normal ideologies have a directional valence relative to the status quo without committing their adherents to the most extreme possible version of the ideology. But the concept of a "moderate libertarian" doesn't seem to exist.</p></blockquote> <p>Most libertarians are indeed extreme relative to the status quo. But, <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/21/a-moderate-defense-of-extremism-in-defense-of-liberty/">as I have argued elsewhere</a>, extreme ideas are often right. Whether a position is moderate or extreme relative to the current distribution of opinion, or relative to status quo public policy, says little about its correctness:</p> <blockquote><p>[E]xtremist defenses of liberty often turn out to be right. Before the Civil War, abolitionists who wanted to immediately free all the slaves and grant equal rights to blacks were extremists. The moderate position was either to maintain the status quo or seek gradual abolition, perhaps coupled with relegating blacks to second-class citizenship or deporting them to Africa.</p></blockquote> <div class="wpds-c-PJLV article-body type-text" data-qa="article-body"> <blockquote> <p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="LOY7EW77QBGOVPKMVNGKNXYALM" data-el="text" data-scroll-pos="4" data-scroll-measured="true">For most of human history, only extremists favored giving women the same liberties as those enjoyed by men&hellip;..</p> <div class="wpds-c-PJLV article-body type-text" data-qa="article-body"> <p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="AZFO5CGEYBCFHGXB7A5RRRAHQY" data-el="text" data-scroll-pos="5" data-scroll-measured="true">We would be much worse off if not for these and other examples of extremism in defense of liberty. Some of the greatest historical triumphs of liberty were set in motion by people who were extremists relative to the mainstream views of their day.</p> </div> </blockquote> <div class="wpds-c-PJLV article-body type-text" data-qa="article-body"> <blockquote> <p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">None of this proves that extreme views are always right, and moderate ones always misguided. The point is not that we should always adopt the most extreme possible positions, but that there is often little or no relationship between the validity of a position and its distance from mainstream opinion. Mainstream public opinion is <a href="http://www.cato-unbound.org/2013/10/11/ilya-somin/democracy-political-ignorance">heavily influenced by ignorance and irrational thinking</a>, and therefore is at best a very weak barometer of truth. Extremism isn't always a virtue, but neither is it necessarily a vice, either.</p> </blockquote> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">I think extreme libertarian views are largely correct. Yglesias thinks otherwise. But such disagreements should be resolved by logic and evidence, not appeals to "moderation." Whether a view is extreme or not says little about its truth.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Extreme views are often politically more difficult to push through for political reasons than more moderate ones. But, as noted in <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/21/a-moderate-defense-of-extremism-in-defense-of-liberty/">my earlier post</a> on extremism, there is still often value in advocating them. In addition to the reasons I gave before, I would note that promoting true-but-extreme ideas can help expand the "<a href="https://www.mackinac.org/OvertonWindow">Overton Window</a>" of what is politically feasible in the long run.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Yglesias also argues that libertarians too often claim that "the worries [cited by advocates of regulation] are overblown — because if they're not overblown, there is a reasonable argument for regulation, and a libertarian is never going to say there's a reasonable argument for regulation." For example, he cites libertarians who he believes downplay the risks of smoking.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">There is some truth to this point. When people advocate regulation to solve some problem, many libertarians do indeed tend to dismiss evidence that there is a problem at all. And sometimes this dismissal overlooks strong empirical evidence to the contrary. Notable examples include global warming and the Covid pandemic (in both of which cases libertarians were overrepresented among those wrongly claiming there is little or no problem at all).</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Libertarian economist Bryan Caplan<a href="http://econlog.econlib.org/archives/2010/11/the_stages_of_l.html"> once outlined</a> "six stages of libertarian denial" that government regulation to address some issue is justified (I commented on Caplan's theory <a href="https://volokh.com/2010/12/02/six-types-of-libertarian-arguments-against-government-action/">here</a>). Stage 1 is "Deny the problem exists." Often, that denial is warranted, as many restrictions on liberty really are enacted in response to bogus or vastly overstated problems. But not always.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">But it's also important to remember that there are a range of other libertarian criticisms of government intervention, which apply even if there is some genuine problem out there. As Caplan summarizes, they include 1) arguments that government is the cause of the problem, 2) arguments that intervention will make the problem worse rather than better, 3) arguments that the the government solution isn't worth the cost, and 4) appeals to non-consequentialist principles of liberty and autonomy. Caplan also notes the possibility of 5) "Yield on libertarian principle, but try to minimize the deviation."</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">More sophisticated libertarian thinkers recognize that we often have to rely on points 1-4, and that rare cases of 5 also exist. Thus, on smoking, gambling and other similar issues, which Yglesias raises, most libertarians recognize that there are risks to health and financial well-being. But we argue that 1) people still have a right to decide for themselves whether the risks are worth the benefits (a person can rationally decide that the enjoyment they get from smoking or gambling outweighs the risk), 2) government systematically does a poor job of such balancing, worse than individuals deciding for themselves, and 3) enormous harm is caused by creating large black markets for risky goods that many people want to consume (the harm caused by alcohol Prohibition and <a href="https://reason.com/volokh/2023/08/31/republicans-dangerous-plan-to-turn-the-war-on-drugs-into-a-real-war-by-attacking-mexico/">the War on Drugs</a> are notable examples). <a href="https://www.amazon.com/exec/obidos/ASIN/1108760007/reasonmagazinea-20/" data-mrf-link="https://www.amazon.com/exec/obidos/ASIN/1108760007/reasonmagazinea-20/"><em>Escaping Paternalism: Rationality, Behavioral Economics, and Public Policy</em></a>, by libertarian economists Mario Rizzo and Glen Whitman (which I reviewed <a href="https://reason.com/volokh/2020/10/16/two-important-new-books-on-knowledge-bias-and-paternalism/">here</a>), is a great overview of these sorts of flaws in paternalistic policies. And most of their points apply even in cases where the behavior in question really is risky.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Yglesias's next critique of libertarians is that "[t]hey rightly sing the praises of capitalism as a driver of growth, prosperity, and progress. But they tend to ignore the extent to which actual modern industrial economies were built with a large state role in transportation, electrical utilities, banking and monetary policy, and other commanding heights of the economy." Serious libertarian thinkers recognize there has been a large governmental role on many of these issues. But they argue that all or most of them would be better handled by the private sector.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Elsewhere, I have <a href="https://www.cato.org/commentary/libertarianism-needs-careful-tweaks-not-wholesale-updates">summarized how</a> libertarian scholars have done extensive work showing that the private sector is superior to government at providing a wide range of local and regional public goods, but are not as strong on issues involving nationwide and worldwide public goods. But even if we need government intervention to deal with some of the latter, that's only a small portion of the activity of the modern state.</p> <p dir="null" data-apitype="text" data-contentid="XH6RB6VUXVB4NMLFRELLVAICKY" data-el="text" data-scroll-pos="6" data-scroll-measured="true">Yglesias claims libertarians don't sufficiently appreciate the value of democracy:</p> <blockquote><p>From Nozick's <a href="https://www.essentialscholars.org/sites/default/files/2023-01/essential-nozick-chapter-6.pdf">"demoktesis" thought experiment</a>, where he analogized voting to slavery, to Peter Thiel's <a href="https://www.cato-unbound.org/2009/04/13/peter-thiel/education-libertarian/">2009 proclamation</a> that "I no longer believe that freedom and democracy are compatible," there have always been those who resolve the contradiction between property rights and democracy in favor of property.</p> <p>I believe this resolution breaks faith with the fundamental classical liberal commitment in the Declaration of Independence and elsewhere to equal rights under law. Democratic self-governance has many well-known flaws, but Winston Churchill's <a href="https://winstonchurchill.org/resources/quotes/the-worst-form-of-government/">famous turn of phrase</a> "the worst form of government except for all those other forms that have been tried" holds true today.</p></blockquote> <p>Most libertarians would agree that democracy is superior to other forms of government. Nozick's "demoktesis" parable from his classic book <em>Anarchy, the State and Utopia</em>, is not to the contrary. He wasn't trying to show that authoritarianism is superior to democracy, but that unjust policies that violate human rights cannot be justified merely because they are enacted through a democratic process. As for Peter Thiel, the man is <a href="https://reason.com/2019/07/17/peter-thiel-explains-the-new-national-conservatism/">not a libertarian and has not been for a long time</a>.</p> <p>But, even if democracy is better than dictatorship or oligarchy, it still has severe flaws, such as tyranny of the majority, and <a href="https://www.amazon.com/exec/obidos/ASIN/0804799318/reasonmagazinea-20/">widespread voter ignorance and bias</a>.  Thus, it needs to be subjected to tight constitutional constraints. Many left-liberals <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/07/10/who-wants-to-put-democracy-in-chains/">readily recognize this</a> when it comes to noneconomic "personal" liberties, and discrimination on the basis of race, sex, sexual orientation, and other such categories. Libertarians' distinctive contribution is to emphasize that these concerns <a href="https://www.amazon.com/exec/obidos/ASIN/0804799318/reasonmagazinea-20/">also arise when it comes to the economic powers of the state</a>, and that the distinction between "economic" and "personal" freedoms is largely fallacious, or at least misleading. Abundance liberals may not be willing to go so far. But their appreciation for the importance of economic liberty and property rights in many spheres should lead them to at least recognize that the economic powers of government should be subject to at least some significant constraints.</p> <p>Lastly, Yglesias notes that "the abusive aspects of Trumpian governance have relatively little to do with the specific state functions — infrastructure spending, the welfare state, paternalistic regulation — that divide progressive liberals from right-libertarians." At least as to paternalistic regulation, this isn't true. The War on Drugs is a form of paternalistic regulation, and it is a key rationale for some of Trump's worst abuses, such as<a href="https://reason.com/volokh/2025/09/04/trumps-unjust-and-illegal-killing-of-11-venezuelans/"> the murderous Caribbean boat strikes</a>, and <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5712442">efforts to claim there is an ongoing "invasion"</a> of the United States justifying invocation of sweeping emergency powers. In addition, Trump's assault on free speech relies heavily on the FCC - the type of regulatory agency libertarians have <a href="https://reason.com/volokh/2025/09/18/abolish-the-fcc/">long warned against and argued for abolishing</a>.</p> <p>In sum, I am largely unpersuaded by Yglesias's critiques of libertarianism. He, perhaps, will not be persuaded by my response. But he is right that libertarians and abundance liberals have much in common, and have much to gain from an alliance. As noted in my <a href="https://reason.com/volokh/2026/04/23/two-cheers-for-abundance-liberalism/">original post</a> on abundance liberalism, that alliance can be based on extensive agreement on multiple key issues (housing, immigration, free trade, nuclear power, and perhaps others), and some important broader principles (individualism, understanding of Econ 101), even if there are persistent differences on other points.</p> </div> </div><p>The post <a href="https://reason.com/volokh/2026/05/20/matt-yglesias-on-libertarianism-abundance-liberalism-and-a-possible-alliance-between-the-two/">Matt Yglesias on Libertarianism, Abundance Liberalism, and a Possible Alliance Between the Two</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Avid Reader Press]]></media:credit>
		<media:title><![CDATA[abundance detail]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>César Báez</name>
							<uri>https://reason.com/people/cesar-baez/</uri>
					</author>
					<title type="html"><![CDATA[
				Justice Department Indicts Cuba's Raúl Castro for 1996 Shootdown That Killed 4 Americans			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/justice-department-indicts-cubas-raul-castro-for-1996-shootdown-that-killed-4-americans/" />
		<id>https://reason.com/?p=8382876</id>
		<updated>2026-05-20T21:03:28Z</updated>
		<published>2026-05-20T21:03:28Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Cuba" /><category scheme="https://reason.com/latest/" term="Latin America" /><category scheme="https://reason.com/latest/" term="Socialism" />		<summary type="html"><![CDATA[Nearly 30 years after Cuban fighter jets destroyed two civilian aircraft over international waters, the former Cuban dictator faces federal murder charges.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/justice-department-indicts-cubas-raul-castro-for-1996-shootdown-that-killed-4-americans/">
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										alt="Cuban President Raul Castro is seen in July, 2003. | IMAGO/Jorge Rey/MediaPunch/IMAGO/MediaPunch/Newscom"
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		<p><span style="font-weight: 400;">Raúl Castro, Cuba's 94-year-old former dictator, was indicted Wednesday for his alleged role in the 1996 shootdown of two civilian aircraft operated by Brothers to the Rescue, a Miami-based humanitarian group founded by Cuban exiles.</span></p>
<p><span style="font-weight: 400;">The indictment, returned by a federal grand jury in South Florida on April 23 and unsealed Wednesday in Miami, charges Castro and five Cuban military officials in connection with the February 24, 1996, attack that killed three American citizens and one legal permanent resident.</span><span style="font-weight: 400;"> The Justice Department </span><a href="https://www.youtube.com/live/fWmyMkHFs6I?si=CB4LFvldCZARSn4k"><span style="font-weight: 400;">announced</span></a><span style="font-weight: 400;"> the charges at Miami's Freedom Tower, a symbol of the Cuban exile community and the site where hundreds of thousands of Cuban refugees were processed after fleeing Fidel Castro's revolution.</span></p>
<p><span style="font-weight: 400;">Brothers to the Rescue was founded by Cuban Americans to help locate and aid Cubans fleeing the island by sea. But by the early 1990s, Cuban intelligence had infiltrated the group, placing spies inside its Miami operation and posing as exile pilots. </span></p>
<p><span style="font-weight: 400;">In January 1996, after a Brothers to the Rescue aircraft dropped pro-democracy leaflets over Cuban territory, Raúl Castro, then Cuba's defense minister, allegedly authorized the use of deadly force against the group's planes. Cuban authorities then launched what became known as Operation Scorpion, instructing spies inside Brothers to the Rescue to provide information about upcoming flights while avoiding the deadly February mission themselves. </span></p>
<p><span style="font-weight: 400;">One of those agents, Juan Pablo Roque, had cultivated a relationship with the FBI while secretly working for Cuban intelligence. On February 21, 1996, three days before the attack, Roque told the FBI that Brothers to the Rescue would not be flying that weekend. Two days later, he fled to Cuba.</span></p>
<p><span style="font-weight: 400;">On February 24, two Brothers to the Rescue Cessnas were flying over international waters when Cuban fighter jets fired air-to-air missiles and destroyed them. A third plane escaped. Cuba has long claimed the aircraft were inside Cuban airspace, but international investigators </span><a href="https://cidh.oas.org/annualrep/99eng/Merits/Cuba11.589.htm"><span style="font-weight: 400;">concluded</span></a><span style="font-weight: 400;"> the planes were shot down over international waters. The pilots received no warning before they were killed. According to the indictment, the strike was the product of a planned Cuban military operation.</span></p>
<p><span style="font-weight: 400;">Castro and the five other defendants are being charged with conspiracy to kill U.S. nationals. Castro also faces two counts of destruction of aircraft and four counts of murder. At Wednesday's press conference, Sen. Ashley Moody (R–Fla.) said the charges could carry a sentence of up to life in prison or the death penalty.</span></p>
<p><span style="font-weight: 400;">The evidence against Castro may include a </span><a href="https://x.com/elpais_america/status/2056691340352606533"><span style="font-weight: 400;">recording</span></a><span style="font-weight: 400;"> in which he discussed the shootdown, a recording that has reportedly circulated for years within U.S. intelligence circles, </span><a href="https://x.com/imdat_oner/status/2057083402516402680"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to policy analyst Imdat Oner.</span></p>
<p><span style="font-weight: 400;">The indictment comes as the Trump administration escalates pressure on Havana. Earlier Wednesday, Secretary of State Marco Rubio marked Cuban Independence Day with a </span><a href="https://x.com/SecRubio/status/2057069290637889876"><span style="font-weight: 400;">message</span></a><span style="font-weight: 400;"> in Spanish to the Cuban people, attacking the regime's economic record. Rubio argued that Cuba is not controlled by revolutionaries but by GAESA, the military-run conglomerate built under Raúl Castro, which Rubio says dominates much of the Cuban economy.</span></p>
<p><span style="font-weight: 400;">The move also follows a recent </span><i><span style="font-weight: 400;">Axios</span></i> <a href="https://www.axios.com/2026/05/17/us-military-drones-cuba"><span style="font-weight: 400;">report</span></a><span style="font-weight: 400;"> that Cuba has acquired more than 300 military drones and that Cuban officials have discussed potential attacks on the U.S. base at Guantánamo Bay, U.S. military vessels, and possibly Key West, Florida, according to classified intelligence cited in the report.</span></p>
<p><span style="font-weight: 400;">The Castro indictment is difficult to separate from the administration's recent Venezuela playbook. Venezuelan leader Nicolás Maduro, </span><a href="https://www.justice.gov/archives/opa/pr/nicol-s-maduro-moros-and-14-current-and-former-venezuelan-officials-charged-narco-terrorism"><span style="font-weight: 400;">indicted</span></a><span style="font-weight: 400;"> in 2020 on narcoterrorism charges, </span><a href="https://reason.com/2026/01/03/trump-should-have-gotten-congressional-authorization-to-strike-venezuela-and-capture-maduro/"><span style="font-weight: 400;">was captured by U.S. forces</span></a><span style="font-weight: 400;"> in the capital city of Caracas in January and brought to the United States to face trial. The question now is whether Washington is preparing a similar strategy for Castro, or whether the indictment is meant primarily as leverage against Havana's current leadership.</span></p>
<p><span style="font-weight: 400;">"This is not a show indictment," Acting Attorney General Todd Blanche </span><a href="https://www.youtube.com/live/MpBfQBJ5K1A?si=hOo4OZOs_6qN3HgK&amp;t=2127"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> Wednesday. "We expect that he will show up here by his own will or by another way."</span></p>
<p>The post <a href="https://reason.com/2026/05/20/justice-department-indicts-cubas-raul-castro-for-1996-shootdown-that-killed-4-americans/">Justice Department Indicts Cuba&#039;s Raúl Castro for 1996 Shootdown That Killed 4 Americans</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Cuban President Raul Castro is seen in July, 2003.]]></media:description>
		<media:caption><![CDATA[Cuban President Raul Castro is seen in July, 2003.]]></media:caption>
		<media:text><![CDATA[Cuban President Raul Castro is seen in July, 2003.]]></media:text>
		<media:title><![CDATA[05.20.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Jeff Bezos Is Right: Taxing Billionaires Won't Solve the Affordability Crisis			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/jeff-bezos-is-right-taxing-billionaires-wont-solve-the-affordability-crisis/" />
		<id>https://reason.com/?p=8382831</id>
		<updated>2026-05-20T20:28:03Z</updated>
		<published>2026-05-20T20:45:43Z</published>
			<category scheme="https://reason.com/latest/" term="Tax Reform" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Income tax" /><category scheme="https://reason.com/latest/" term="Jeff Bezos" /><category scheme="https://reason.com/latest/" term="Progressive Taxation" /><category scheme="https://reason.com/latest/" term="Taxes" />		<summary type="html"><![CDATA[Before demanding more money from America’s wealthiest, lawmakers should account for the billions of dollars the federal government wastes each year.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/jeff-bezos-is-right-taxing-billionaires-wont-solve-the-affordability-crisis/">
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		<p><span style="font-weight: 400;">In a </span><a href="https://www.youtube.com/watch?v=6RH_C3ZU-hw"><span style="font-weight: 400;">wide-ranging interview</span></a><span style="font-weight: 400;"> on CNBC's </span><i><span style="font-weight: 400;">Squawk Box</span></i><span style="font-weight: 400;"> on Wednesday, Jeff Bezos, founder of Amazon and the <a href="https://www.forbes.com/real-time-billionaires/">fourth-richest man</a> in the world,</span><span style="font-weight: 400;"> disputed claims that solving America's affordability crisis starts with increasing taxes on the wealthiest people in the country.</span></p>
<p><span style="font-weight: 400;">"When you don't know how to solve a problem, create a villain, blame them, but it won't solve the problem," Bezos </span><a href="https://www.cnbc.com/2026/05/20/cnbc-exclusive-transcript-jeff-bezos-speaks-with-cnbcs-andrew-ross-sorkin-on-squawk-box-today-.html"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">, referring to New York City Mayor Zohran Mamdani's pied-à-terre tax proposal. The idea would generate between $340 to $510 million in annual revenue, <a href="https://comptroller.nyc.gov/newsroom/nyc-comptroller-mark-levine-releases-comprehensive-estimation-of-a-potential-pied-a-terre-tax-and-key-uncertainties/">according to</a> City Comptroller Mark Levine.</span></p>
<p><span style="font-weight: 400;">Bezos also </span><a href="https://x.com/StockSavvyShay/status/2057076626123628892?s=20"><span style="font-weight: 400;">floated the idea</span></a><span style="font-weight: 400;"> of low-income earners paying nothing in individual income tax, which is already the case for about 40 percent of American households (many of which are low-income), </span><a href="https://taxpolicycenter.org/model-estimates/t25-0154-distribution-tax-units-pay-no-individual-income-tax-expanded-cash-income"><span style="font-weight: 400;">according to</span></a><span style="font-weight: 400;"> a 2025 report from the Tax Policy Center.</span></p>
<p><span style="font-weight: 400;">The U.S. tax system is highly progressive. The top 10 percent of earners—households earning more than $228,000—take home 45.7 percent of all income but pay 61.3 percent of all federal taxes, </span><a href="https://home.treasury.gov/system/files/131/Distribution-of-Tax-Burden-Current-Law-2025.pdf"><span style="font-weight: 400;">according to</span></a><span style="font-weight: 400;"> the latest available data from the U.S. Treasury. In contrast, the bottom 50 percent of earners collectively pay very little, with the lowest income groups actually receiving more in credits than they pay in taxes.</span></p>
<p><span style="font-weight: 400;">When progressive politicians talk about an unfair tax system, they're ostensibly referencing the difference between one's effective and statutory tax rates. With exemptions, deductions, and credits unequally distributed—even amongst taxpayers with similar incomes—tax liability often boils down to which provision a filer qualifies for.</span></p>
<p><span style="font-weight: 400;">Differing tax rates for capital gains, business profits, mortgage interest, and family size mean that those at either end of the statutory rate can end up with a higher effective tax rate than others in their tax bracket. Taxes such as the estate tax, gift tax, and payroll and corporate taxes are also paid almost entirely by the wealthy, who are more likely to have non-wage income. At the same time, policies like the Child Tax Credit and the Earned Income Tax Credit </span><a href="https://www.cato.org/blog/tax-day-five-charts-who-pays-how-much"><span style="font-weight: 400;">favor low- and middle-income</span></a><span style="font-weight: 400;"> families.</span></p>
<p><span style="font-weight: 400;">Bezos is right when he says higher taxes on the rich won't solve the affordability crisis; more revenue for the government doesn't mean wiser spending. </span></p>
<p><span style="font-weight: 400;">So far, the federal government has collected $3.32 trillion in FY 2026, a $210 billion increase from the same period last year, </span><a href="https://fiscaldata.treasury.gov/americas-finance-guide/government-revenue/"><span style="font-weight: 400;">according to</span></a><span style="font-weight: 400;"> the latest available data from the U.S. Treasury. With 53 percent of that funding coming from income taxes, it's fair to wonder how the money has been spent.</span></p>
<p><span style="font-weight: 400;">Not well, according to the Government Accountability Office (GAO), which has found about </span><a href="https://www.gao.gov/products/gao-26-108694"><span style="font-weight: 400;">$3 trillion</span></a><span style="font-weight: 400;"> in "improper payments" by the federal government since 2003. In FY 2025, GAO found $186 billion in improper payments, often caused by the government overpaying for services. It was an increase of $24 billion over the prior fiscal year, including $21 billion in improper payments due to the Earned Income Tax Credit. </span></p>
<p><span style="font-weight: 400;">Meanwhile, the Trump administration has waged a war in Iran that has reportedly cost taxpayers </span><a href="https://reason.com/2026/05/11/how-much-has-the-iran-war-actually-cost-a-lot-more-than-25-billion/"><span style="font-weight: 400;">over $72 billion</span></a><span style="font-weight: 400;"> in its first 60 days. Framing a tax hike on the wealthy as the solution to rising costs overlooks that the drivers of inflation are often excessive government spending and policy decisions, such as tariffs, that raise production costs while limiting the supply of goods and services.</span></p>
<p><span style="font-weight: 400;">Instead of increasing the burden on wealth-generating taxpayers who already pay their fair share, lawmakers could focus on reducing the size, scope, and pocketbook of a government that continues to waste taxpayer dollars.</span></p>
<p>The post <a href="https://reason.com/2026/05/20/jeff-bezos-is-right-taxing-billionaires-wont-solve-the-affordability-crisis/">Jeff Bezos Is Right: Taxing Billionaires Won&#039;t Solve the Affordability Crisis</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Credit: Envato/Los Angeles Air Force Base Space and Missile System Center/Wikimedia Commons]]></media:credit>
		<media:description type="html"><![CDATA[Jeff Bezos sits in a chair against a background of yellow-tinted tax forms]]></media:description>
		<media:title><![CDATA[05.20.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The New York Times Sues Pentagon Over 'Retaliatory' Escort Requirement			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/the-new-york-times-sues-pentagon-over-retaliatory-escort-requirement/" />
		<id>https://reason.com/?p=8382806</id>
		<updated>2026-05-20T20:17:38Z</updated>
		<published>2026-05-20T20:25:40Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Pentagon" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Free Press" /><category scheme="https://reason.com/latest/" term="New York Times" /><category scheme="https://reason.com/latest/" term="Press" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The Pentagon instituted its new press rules in the fall, prompting a months-long legal battle over the First Amendment. ]]></summary>
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		<p><i><span style="font-weight: 400;">The New York Times </span></i><span style="font-weight: 400;">is once again suing the Pentagon over its press rules, this time challenging a policy implemented in March that requires reporters to be escorted by Defense Department officials. In a </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.292479/gov.uscourts.dcd.292479.1.0.pdf"><span style="font-weight: 400;">lawsuit</span></a><span style="font-weight: 400;"> filed Monday, </span><i><span style="font-weight: 400;">The New York Times</span></i><span style="font-weight: 400;"> argues the rules are "patently retaliatory, utterly unreasonable, and manifestly arbitrary and capricious."</span></p>
<p><span style="font-weight: 400;">The lawsuit is the latest development in the fight over press access at the Pentagon during the second Trump administration. Last fall, the Defense Department asked members of the press corps to agree to a new policy or "lose access to press credentials and Pentagon workspaces," reported </span><a href="https://www.reuters.com/business/media-telecom/pentagon-journalists-vacate-workspace-new-restrictions-take-effect-2025-10-15/"><span style="font-weight: 400;">Reuters</span></a>.<span style="font-weight: 400;"> Among other restrictions limiting unescorted access within the Pentagon, the policy stated that reporters "who solicit or encourage personnel to disclose the information without authorization may be deemed a safety risk" could lose their credentials, </span><i><span style="font-weight: 400;">Axios</span></i> <a href="https://www.axios.com/2025/10/16/pentagon-press-reporting-rules-restrictions-hegseth"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> at the time. Dozens of outlets, including </span><a href="https://apnews.com/article/pentagon-reporting-rules-hegseth-defense-department-access-0d33768b22e9079049508a63bad89a91"><span style="font-weight: 400;">Fox News</span></a><span style="font-weight: 400;"> and </span><a href="https://www.newsmax.com/newsfront/newsmax-pentagon-press-restrictions/2025/10/14/id/1230271/"><span style="font-weight: 400;">Newsmax</span></a><span style="font-weight: 400;">, refused to sign a statement acknowledging the rules.</span></p>
<p><span style="font-weight: 400;">The new press access rules prompted the</span><i><span style="font-weight: 400;"> Times</span></i><span style="font-weight: 400;"> to </span><a href="https://www.courthousenews.com/new-york-times-sues-pentagon-over-new-press-policy/"><span style="font-weight: 400;">sue</span></a><span style="font-weight: 400;"> for the first time in December, alleging the Pentagon's policy violated the outlet's First Amendment rights by giving "free rein to grant or deny Pentagon access to journalists and media outlets on the basis of viewpoint." It also </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287334/gov.uscourts.dcd.287334.1.0_1.pdf"><span style="font-weight: 400;">alleged</span></a><span style="font-weight: 400;"> that the policy's vague language violated the Due Process Clause because it authorized "arbitrary and discriminatory enforcement."</span></p>
<p><span style="font-weight: 400;">In March, a federal judge </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287334/gov.uscourts.dcd.287334.35.0_1.pdf"><span style="font-weight: 400;">ruled</span></a><span style="font-weight: 400;"> in favor of the</span><i><span style="font-weight: 400;"> Times</span></i><span style="font-weight: 400;">, blocking the policy and ordering the Pentagon to reinstate press credentials for seven of the paper's journalists, </span><a href="https://apnews.com/article/pentagon-policy-news-reporters-hegseth-dc7a69b7e7c3f618b3879d9cafec9b25"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the Associated Press. Although </span><a href="https://www.nbcnews.com/news/us-news/judge-sides-new-york-policy-limited-reporters-access-pentagon-rcna264511"><span style="font-weight: 400;">some</span></a><span style="font-weight: 400;"> legacy media reporters had been let into the briefings, the Pentagon Press Association called for the restoration of all "press passes to all reporters who decided to give them up rather than sign the Department of Defense's restrictive new policy," </span><a href="https://thehill.com/policy/defense/5796391-pentagon-press-policy-dod/"><span style="font-weight: 400;">reported</span></a> <i><span style="font-weight: 400;">The Hill </span></i><span style="font-weight: 400;">at the time.</span></p>
<p><span style="font-weight: 400;">Defense Department spokesperson Sean Parnell expressed his disagreement with the ruling, <a href="https://x.com/SeanParnellASW/status/2036197221121794508?s=20">writing</a> on </span><span style="font-weight: 400;">X</span><span style="font-weight: 400;"> that the "court removed every provision that allowed the Department to screen press credential holders for security risks." He said the Pentagon would appeal the ruling and unveiled an </span><a href="https://media.defense.gov/2026/Mar/23/2003902148/-1/-1/1/IMPLEMENTATION-OF-REVISED-MEDIA-IN-BRIEF.PDF"><span style="font-weight: 400;">interim policy</span></a><span style="font-weight: 400;"> that would comply with the judge's orders. In addition to closing the </span><a href="https://x.com/SeanParnellASW/status/2036197221121794508?s=20"><span style="font-weight: 400;">Correspondents' Corridor</span></a><span style="font-weight: 400;"> workspace, the new policy requires all journalists to be escorted by Defense Department officials. </span></p>
<p><i><span style="font-weight: 400;">The</span></i> <i><span style="font-weight: 400;">New York Times' </span></i><span style="font-weight: 400;">latest </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.292479/gov.uscourts.dcd.292479.1.0.pdf"><span style="font-weight: 400;">lawsuit</span></a><span style="font-weight: 400;"> challenges the Pentagon's newest policy, claiming its purpose "is to restrict journalists' ability to do what they have always done: ask questions of government employees and gather information to report stories that take the public beyond official pronouncements." </span></p>
<p><span style="font-weight: 400;">It's understandable why the Pentagon would want to limit unsupervised interactions between the press and public officials, given how the Defense Department has failed to justify its </span><a href="https://www.nytimes.com/interactive/2026/05/19/polls/times-siena-national-poll-crosstabs.html"><span style="font-weight: 400;">unpopular</span></a><span style="font-weight: 400;"> and </span><a href="https://reason.com/2026/05/11/how-much-has-the-iran-war-actually-cost-a-lot-more-than-25-billion/"><span style="font-weight: 400;">costly</span></a><span style="font-weight: 400;"> war in Iran. But doing so limits the media's ability to hold public officials accountable.</span></p>
<p><span style="font-weight: 400;">In the documentary </span><a href="https://www.netflix.com/watch/82145211?trackId=284616272&amp;tctx=0%2C0%2Cbfbbd8dc-e87a-4020-8eba-cd00f47da0c4%2Cbfbbd8dc-e87a-4020-8eba-cd00f47da0c4%7C%3DeyJwYWdlSWQiOiI4NWMzMDJkMC0wMTdjLTQwMjgtYTM2YS1jOTVkN2RlODM2ODMvMS8vY292ZXIgdXAvMC8wIiwibG9jYWxTZWN0aW9uSWQiOiIyIn0%3D%2C%2C%2C%2C%2C%2CVideo%3A82145211%2CdetailsPagePlayButton"><i><span style="font-weight: 400;">Cover-Up</span></i></a><span style="font-weight: 400;"> about the Pulitzer Prize-winning journalist Seymour Hersh, Hersh recalls how, as a reporter for the Associated Press, he made small talk with the young officers in the Pentagon while his colleagues in the press corps went to lunch. Hersh's interactions with lower-level officers prompted him to report on U.S. atrocities in Vietnam, including the My Lai massacre. </span></p>
<p><span style="font-weight: 400;">Not every reporter is like Hersh. In fact, he is somewhat of an anomaly. In </span><i><span style="font-weight: 400;">Cover-Up</span></i><span style="font-weight: 400;">, he remarks that his colleagues got paid "an awful lot of money for doing things like listening to the news conference and waiting an hour till the transcript's typed up." But if Pentagon reporters today can only rely on government press briefings for information, where they may seldom get satisfactory answers from government officials from either party, many of them may as well serve as stenographers of the state. </span></p>
<p>The post <a href="https://reason.com/2026/05/20/the-new-york-times-sues-pentagon-over-retaliatory-escort-requirement/">&lt;i&gt;The New York Times&lt;/i&gt; Sues Pentagon Over &#039;Retaliatory&#039; Escort Requirement</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Polaris/Newscom/Gabriel Robledo/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Pete Hegseth standing behind the podium at a Pentagon briefing on the left, The New York Times office on the right]]></media:description>
		<media:title><![CDATA[NYT vs Pentagon-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>John Stossel</name>
							<uri>https://reason.com/people/john-stossel/</uri>
					</author>
					<title type="html"><![CDATA[
				How Tom Steyer Used His Money To Fuel Climate Hysteria			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/how-tom-steyer-used-his-money-to-fuel-climate-hysteria/" />
		<id>https://reason.com/?p=8382797</id>
		<updated>2026-05-20T19:59:12Z</updated>
		<published>2026-05-20T20:05:25Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Climate Change" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Greenhouse gases" /><category scheme="https://reason.com/latest/" term="Media Criticism" /><category scheme="https://reason.com/latest/" term="Natural Disasters" /><category scheme="https://reason.com/latest/" term="Panic" />		<summary type="html"><![CDATA[Researcher Roger Pielke Jr. was targeted for cautioning that global warming is real but "not the apocalypse."]]></summary>
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		<p>Billionaire Tom Steyer used his money to attack a lone climate researcher.</p>
<p>Roger Pielke Jr.'s research on climate and disaster policy wins awards and is cited by the United Nations' Intergovernmental Panel on Climate Change (IPCC).</p>
<p>"My views are entirely mainstream," says Pielke. "My work is cited by all three working groups of the IPCC. There's nothing contrarian."</p>
<p>Both Steyer and Pielke agree that "greenhouse gases warm the climate," but Pielke's sin was saying, "it's not the apocalypse."</p>
<p>Because of that, "the Center for American Progress decided to make me a target," he says.</p>
<p>The center is a lefty group that pushes climate hysteria, running <a href="https://www.americanprogress.org/article/how-climate-change-is-fueling-more-deadly-and-destructive-floods/">articles</a> <a href="https://www.americanprogress.org/series/climate-disasters-everywhere-how-climate-change-is-fueling-extreme-weather">claiming</a>, "Climate change is fueling more deadly and destructive floods," "Extreme weather is only intensifying," etc.</p>
<p>Anyone who disagrees is labeled a "climate denier."</p>
<p>Steyer, now running for governor of California, gave the center enough money to run hit piece after hit piece that describes Pielke's work as "fantastical falsehoods," and calls him a "disinformer" who "ignores the data on climate science."</p>
<p>Pielke didn't know who funded the smears until WikiLeaks revealed an email to Steyer from <em>ThinkProgress</em>' editor: "Thanks for your support of this work&hellip;it's fair to say, without Climate Progress, Pielke would still be writing on climate change."</p>
<p>Think about that.</p>
<p>"Progressive" activists are proud to stop a researcher from writing about what he knows.</p>
<p>Pielke describes his persecution in my <a href="https://www.youtube.com/watch?v=9fyFbPWpZzs">new video</a>.</p>
<p>It began after Al Gore's Oscar-winning movie in which Gore claimed that temperature increases create stronger storms.</p>
<p>Pielke had the nerve to disagree.</p>
<p>"Doesn't warmer water create bigger storms?" I ask him.</p>
<p>"All else equal, yes, it does. But the atmosphere is a complicated place. You have things like windshear, which knocks over storms&hellip;.We haven't observed changes in the frequency or intensity beyond natural variability."</p>
<p>Pielke's research acknowledged that there were "increasing impacts of extreme weather, mostly economic costs and loss of life," but said the impacts were not caused by bigger storms but by "what we build, where we build, how much wealth we have in harm's way."</p>
<p>"When the climate advocacy movement shifted to extreme weather, I was on the 'wrong' side," he adds. "I had a choice to make. Was I going to call things like I see them, or was I going to succumb to pressure to say things that maybe I didn't believe?"</p>
<p>Pielke called it as he saw it, and paid a price.</p>
<p>"There was an enormous effort to try to silence people who had a voice," says Pielke.</p>
<p>Testifying before Congress, Pielke said, "It is misleading&hellip;to claim that disasters associated with hurricanes, tornadoes, floods, or drought have increased."</p>
<p>That information is also in the findings of the IPCC.</p>
<p>But the Obama White House put out a 3,000-word <a href="https://obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/critique_of_pielke_jr_statements_on_drought.pdf">memo</a> attacking him: "Dr. Pielke's statements&hellip;are seriously misleading" and "not representative of mainstream views."</p>
<p>"It was the sort of thing your crazy uncle might put on Facebook," laughs Pielke. "I'm the only academic or researcher that any president, including Donald Trump, has ever singled out."</p>
<p>The University of Colorado, where Pielke worked for 24 years, caved in to the pressure. They closed Pielke's research center, canceled his classes, and moved his office into a closet.</p>
<p>"What I went through was not what a university is supposed to be for," says Pielke.</p>
<p>The state-funded school, after dumping Pielke's actual scientific research, now <a href="https://www.colorado.edu/bfa/sites/default/files/attached-files/bfa-r-1-100923_support_of_urgent_climate_action_resolution.3_approved.pdf">calls</a> "climate change and sustainability&hellip;the central focus of our campus-wide initiatives" and hosts silly things like "climate summits" with panels on "youth climate advocacy."</p>
<p>It's so dumb. And so wrong.</p>
<p>Fortunately, Pielke found another job. Now he researches climate at the <a href="https://www.aei.org">American Enterprise Institute</a>, one of many think tanks that does research universities once did.</p>
<p>As I write, betting sites have Steyer in second place in California's governor's race.</p>
<p><strong>COPYRIGHT 2026 BY JFS PRODUCTIONS INC.</strong></p>
<p><iframe loading="lazy" title="Buffaloed:  How a Climate Scientist Was Attacked by the White House, Congress &amp; His Own University" width="500" height="281" src="https://www.youtube.com/embed/9fyFbPWpZzs?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/2026/05/20/how-tom-steyer-used-his-money-to-fuel-climate-hysteria/">How Tom Steyer Used His Money To Fuel Climate Hysteria</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Stossel TV]]></media:credit>
		<media:description type="html"><![CDATA[John Stossel is seen next to the globe]]></media:description>
		<media:title><![CDATA[stossel-tom-steyer-climate-change]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/stossel-tom-steyer-climate-change-1200x675.png" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				House Transportation Bill Eliminates Obscure Rule That Effectively Bans Driverless Trucks			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/house-transportation-bill-eliminates-obscure-rule-that-effectively-bans-driverless-trucks/" />
		<id>https://reason.com/?p=8382795</id>
		<updated>2026-05-20T19:02:20Z</updated>
		<published>2026-05-20T19:05:34Z</published>
			<category scheme="https://reason.com/latest/" term="Transportation Policy" /><category scheme="https://reason.com/latest/" term="Automation" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Driverless Cars" /><category scheme="https://reason.com/latest/" term="Safety" />		<summary type="html"><![CDATA[This year's surface transportation reauthorization would eliminate a requirement that human drivers place safety placards around disabled trucks.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/house-transportation-bill-eliminates-obscure-rule-that-effectively-bans-driverless-trucks/">
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		<p><span style="font-weight: 400;">The bipartisan surface transportation reauthorization bill released earlier this week by the House Transportation and Infrastructure Committee would reform an obscure safety rule that has served as a de facto ban on driverless commercial trucks. </span></p>
<p><span style="font-weight: 400;">The BUILD America 250 Act would allow driverless truck operators to use cab-mounted beacons to warn drivers of a disabled truck on the road. Current federal regulations require that roadside warning placards be placed around disabled trucks. </span></p>
<p><span style="font-weight: 400;">That requirement has been a <a href="https://reason.com/2025/09/11/maga-conservatives-unions-want-to-crush-driverless-trucks-will-the-trump-administration-listen/">serious source of grief</a> for autonomous trucking companies, as it effectively requires a human operator to be on board to place those warning placards. </span></p>
<p><span style="font-weight: 400;">For that reason, they've been agitating for a rule change that would allow cab-mounted warning beacons that wouldn't require a human to place them. </span></p>
<p><span style="font-weight: 400;">In 2023, the autonomous trucking company Aurora and Waymo's now-shuttered driverless trucking division requested a waiver from the regulation from the Federal Motor Carrier Safety Administration (FMCSA). </span></p>
<p><span style="font-weight: 400;">The Biden administration ultimately rejected that waiver request.</span></p>
<p><span style="font-weight: 400;">The companies then challenged that denial in court. Last October, they reached a settlement with the Trump administration that granted Aurora a limited waiver allowing them to use cab-mounted warning beacons, <a href="https://reason.com/2025/10/29/the-trump-administration-waives-obscure-safety-rule-blocking-driverless-trucks/">provided</a> they collect data on the safety efficacy of this alternative. </span></p>
<p><span style="font-weight: 400;">This was still only a partial win for the industry. </span></p>
<p><span style="font-weight: 400;">The terms of the waiver require it to be reapproved every three months. It also only applied to Aurora. Other companies seeking regulatory relief must apply for their own specific waiver. Under a new administration, FMCSA could also revoke the waiver. </span></p>
<p><span style="font-weight: 400;">To give the industry greater regulatory certainty, Section 5405 of the BUILD America 250 Act <a href="https://transportation.house.gov/uploadedfiles/build_america_250_act_bill_text.pdf">declares</a> that "cab-mounted warning beacons shall be considered permissible warning devices for a commercial motor vehicle stopped upon the traveled portion or the shoulder of a highway" and that they can be used in lieu of roadside placards. </span></p>
<p><span style="font-weight: 400;">Section 5405 would also forbid the FMCSA from issuing rules in the future that disallow cab-mounted warning beacons. </span></p>
<p><span style="font-weight: 400;">The safety case for requiring roadside warning placards has always been weak. The Biden administration conceded as such when, after denying Aurora's request for a waiver, it announced it would perform its own study on the efficacy of the warning devices. </span></p>
<p><span style="font-weight: 400;">In support of their waiver request, Aurora and Waymo submitted their own safety studies showing drivers reacted similarly to cab-mounted warning beacons and roadside placards. In theory, the cab-mounted beacons could improve safety by relieving a driver from having to walk out onto the road to place physical warning placards. </span></p>
<p><span style="font-weight: 400;">Beyond the warning device rule, the BUILD America 250 Act would also create a whole new framework for regulating autonomous trucks going forward. </span></p>
<p><span style="font-weight: 400;">Traditional federal safety regulations establish objective "performance" standards that regulated commercial vehicles must meet.</span></p>
<p><span style="font-weight: 400;">Marc Scribner, a transportation policy analyst at the Reason Foundation (which publishes this website), says performance standards are a poor fit for emerging driverless technologies.  </span></p>
<p><span style="font-weight: 400;">"There isn't agreement yet on what an appropriate performance standard is and how you'd test that," he says. </span></p>
<p><span style="font-weight: 400;">The Transportation and Infrastructure Committee's bill would instead allow manufacturers to establish their own "safety case" showing that their technology is at least as safe as human-operated commercial vehicles. </span></p>
<p><span style="font-weight: 400;">Scribner describes this more flexible approach as "a strong step in the right direction."  </span></p>
<p><span style="font-weight: 400;">A Transportation and Infrastructure Committee markup of the 1,000-page bill is <a href="https://transportation.house.gov/news/documentsingle.aspx?DocumentID=409495">scheduled</a> for tomorrow. </span></p>
<p>The post <a href="https://reason.com/2026/05/20/house-transportation-bill-eliminates-obscure-rule-that-effectively-bans-driverless-trucks/">House Transportation Bill Eliminates Obscure Rule That Effectively Bans Driverless Trucks</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Self-driving truck]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Britain Pressures Supermarkets To Cap Food Prices			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/britain-pressures-supermarkets-to-cap-food-prices/" />
		<id>https://reason.com/?p=8382748</id>
		<updated>2026-05-20T17:53:51Z</updated>
		<published>2026-05-20T17:53:51Z</published>
			<category scheme="https://reason.com/latest/" term="Price controls" /><category scheme="https://reason.com/latest/" term="Grocery stores" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[British supermarkets already operate on thin margins, but politicians are treating their prices as if they were arbitrary.]]></summary>
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		<p><span style="font-weight: 400">The British government is preparing to ask supermarkets to freeze prices on certain products in exchange for easing regulations, which politicians hope will keep prices down for consumers. The price cap would apply to essential foods such as eggs, bread, and milk, reports the</span> <a href="https://www.ft.com/content/85736371-40bc-4ec1-a502-4f557d3a68b0?syn-25a6b1a6=1"><i><span style="font-weight: 400">Financial Times</span></i></a><i><span style="font-weight: 400">.</span></i></p>
<p><span style="font-weight: 400">Chancellor of the Exchequer Rachel Reeves, who oversees the Treasury and the government's economic policy, is expected to announce the policy on Thursday as part of a package of measures to help ease the cost of living. Food and nonalcoholic beverage </span><a href="https://www.ons.gov.uk/economy/inflationandpriceindices/bulletins/consumerpriceinflation/march2026"><span style="font-weight: 400">prices rose</span></a><span style="font-weight: 400"> 3.7 percent annually in March—the most recent month for which government data are available—a jump from 3.3 percent in February. The rising cost of living is of particular concern to the British public, with 62 percent of voters saying it was the top issue that decided their vote at the last local elections, according to </span><a href="https://www.ipsos.com/en-uk/cost-living-top-concern-driving-voters-polls-english-local-elections"><span style="font-weight: 400">Ipsos</span></a><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">While the price cap would technically be voluntary, Reeves is bringing forward measures to directly pressure businesses to control prices. In a Wednesday </span><a href="https://www.gov.uk/government/news/chancellor-commits-to-new-anti-profiteering-powers-and-fights-back-on-rising-bills"><span style="font-weight: 400">press release</span></a><span style="font-weight: 400">, touting Reeves' use of "new anti-profiteering powers" to fight back on "rising bills," the chancellor committed to cracking down on "anyone exploiting a crisis to make a quick buck." This includes giving new powers to the Competition and Markets Authority, the U.K.'s main competition and consumer protection regulator, allowing them to "name and shame" firms that have allegedly "changed their margins." It will also get new investigatory powers to identify firms that are "taking advantage of crises to unfairly raise costs."</span></p>
<p><span style="font-weight: 400">Supermarkets aren't happy about the proposed policies.</span></p>
<p><span style="font-weight: 400">"The UK has the most affordable grocery prices in Western Europe thanks to the fierce competition between supermarkets. The challenge facing retailers is a combination of higher energy and commodity costs resulting from the Middle East conflict, and the soaring cost of the government's domestic policies," Helen Dickinson, chief executive of the trade association for the British Retail Consortium, tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">"Rather than introduce 1970s-style price controls and trying to force retailers to sell goods at a loss, the Government must focus on how it will reduce the public policy costs which are pushing up food prices in the first place," Dickinson adds.</span></p>
<p><span style="font-weight: 400">Interestingly, Brits think supermarkets have far larger profit margins than they actually do. According to a </span><a href="https://iea.org.uk/attitudes-to-economic-growth"><span style="font-weight: 400">poll</span></a><span style="font-weight: 400"> of over 3,000 British voters, most estimate supermarket profits to be around 50 percent, when in reality, these margins are far lower, usually around 2 percent to 4 percent.</span></p>
<p><span style="font-weight: 400">"The British government's war on supermarket prices is what happens when inflation after years of relative price stability destroy economic seriousness," Ryan Bourne, author of </span><a href="https://www.cato.org/books/war-prices"><i><span style="font-weight: 400">The War on Prices</span></i></a><span style="font-weight: 400">, tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">. Bourne argues that groceries in the U.K. feel especially expensive because "bigger ticket items like housing and energy costs" affect the prices of all goods. He says that this policy will "hide scarcity, distort competition and further entrench the idea that governments can just mandate inflation through such price fixing."</span></p>
<p><span style="font-weight: 400">Julian Jessop, economics fellow at the free market think tank the Institute of Economic Affairs, </span><a href="https://x.com/iealondon/status/2057027836817358926?s=20"><span style="font-weight: 400">described</span></a><span style="font-weight: 400"> the move as a policy "based on vibes rather than evidence."</span></p>
<p><span style="font-weight: 400">"Crucially, the supermarket sector is already highly competitive, and retailers work on tiny margins. Price caps are only likely to reduce both the supply and quality of the items that are capped, while raising the prices of others," he added in a post on X. "The government should focus on freeing up the supply side of the economy and easing the constraints that are contributing to higher prices, rather than distorting markets further."</span></p>
<p><span style="font-weight: 400">Price controls do not change economic reality; they merely relocate the problem. If larger retailers are leaned on to suppress prices on politically sensitive goods, the real costs do not disappear. Instead, they are shifted onto other products, firms, and consumers. When this happens, British politicians probably won't denounce the very price rises their own interventions have helped produce. Instead, they will likely go after the next alleged "gouger" with equally draconian measures. </span></p>
<p>The post <a href="https://reason.com/2026/05/20/britain-pressures-supermarkets-to-cap-food-prices/">Britain Pressures Supermarkets To Cap Food Prices</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[grocery-cost-cap-uk-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				The U.S. Government's Shifting Excuses for Bombing a School in Iran			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/the-u-s-governments-shifting-excuses-for-bombing-a-school-in-iran/" />
		<id>https://reason.com/?p=8382761</id>
		<updated>2026-05-20T17:26:26Z</updated>
		<published>2026-05-20T17:30:25Z</published>
			<category scheme="https://reason.com/latest/" term="Collateral Damage" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Law of War" /><category scheme="https://reason.com/latest/" term="Military" /><category scheme="https://reason.com/latest/" term="Pentagon" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Afghanistan" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Obama Administration" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The Trump administration has come up with contradictory reasons to avoid admitting to an obvious, terrible mistake.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/the-u-s-governments-shifting-excuses-for-bombing-a-school-in-iran/">
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		<p><span style="font-weight: 400;">The most infamous atrocity of the U.S.-Iranian war happened in its first few hours. During the U.S.-Israeli surprise attack on Iran on the morning of February 28, 2026, a missile blew up an elementary school in the small town of Minab, Iran, killing 156 people, most of them children.</span></p>
<p><span style="font-weight: 400;">"Sometimes I close my eyes and recall her laugh, her voice, how she used to run at school, laugh with her friends, and how we used to dream of her future," Amina Karimi </span><a href="https://www.dropsitenews.com/p/minab-iran-elementary-school-airstrike-cemetery-families"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Drop Site</span></i><span style="font-weight: 400;"> during her nightly graveyard vigil for her seven-year-old daughter Leila. "The night is heavy and the cold bites. But the dim candlelight gives me some warmth."</span></p>
<p><span style="font-weight: 400;">U.S. President Donald Trump was </span><a href="https://www.theguardian.com/world/2026/mar/17/trump-intelligence-iran-school-strike"><span style="font-weight: 400;">originally told</span></a><span style="font-weight: 400;"> by the CIA that the school was hit by an Iranian missile, and </span><a href="https://www.theguardian.com/us-news/2026/mar/09/trump-iran-war-oil"><span style="font-weight: 400;">repeated that explanation</span></a><span style="font-weight: 400;"> in public. Adm. Bradley Cooper, head of U.S. forces in the Middle East and Central Asia, came out with a new explanation on Tuesday. "It's a complex investigation. The school itself is located on an active [Islamic Revolutionary Guard Corps] cruise missile base," he </span><a href="https://www.youtube.com/shorts/PelC1-Mgblc"><span style="font-weight: 400;">told Congress</span></a><span style="font-weight: 400;"> in response to questioning.</span></p>
<p><span style="font-weight: 400;">Both of these claims are lies. The school was bombed by a </span><a href="https://aoav.org.uk/2026/uk-linked-components-identified-in-us-tomahawk-missile-used-in-iranian-school-strike-that-killed-multiple-children/"><span style="font-weight: 400;">Tomahawk missile</span></a><span style="font-weight: 400;">, which is only possessed by the U.S. and its allies. And the school is down the street from </span><a href="https://www.theguardian.com/global-development/2026/mar/03/minab-school-bombing-how-the-worst-mass-casualty-event-of-the-iran-war-unfolded-a-visual-guide"><span style="font-weight: 400;">barracks, a medical clinic, and a gym</span></a><span style="font-weight: 400;"> for Iranian navy sailors, not a missile base.</span></p>
<p><span style="font-weight: 400;">U.S. government sources have told </span><a href="https://edition.cnn.com/2026/03/11/politics/us-iran-school-strike-civilians"><span style="font-weight: 400;">CNN</span></a><span style="font-weight: 400;">, </span><a href="https://www.washingtonpost.com/national-security/2026/03/11/us-strike-iran-elementary-school-ai-target-list/"><i><span style="font-weight: 400;">The Washington Post</span></i></a>,<span style="font-weight: 400;"> and </span><a href="https://www.nytimes.com/2026/03/11/us/politics/iran-school-missile-strike.html"><i><span style="font-weight: 400;">The New York Times</span></i></a><span style="font-weight: 400;"> that the U.S. military attacked the school due to mistaken or outdated intelligence. The school used to be part of the same compound as the barracks, clinic, and gym, but it was walled off ten years ago. During its attack on the compound, the U.S. military hit the school </span><a href="https://www.middleeasteye.net/news/exclusive-iranian-girls-killed-double-tap-strikes-minab-school?utm_source=twitter&amp;utm_medium=social&amp;utm_campaign=Social_Traffic&amp;utm_content=ap_nkegrsmbn1"><span style="font-weight: 400;">at least twice</span></a><span style="font-weight: 400;">, including with a missile aimed directly at the </span><a href="https://www.bbc.co.uk/news/articles/c5yqqyly9n0o"><span style="font-weight: 400;">ground floor</span></a><span style="font-weight: 400;"> to collapse the building.</span></p>
<p><span style="font-weight: 400;">Secretary of War Pete Hegseth </span><a href="https://www.nytimes.com/2026/03/13/us/politics/hegseth-iran-war-rules.html"><span style="font-weight: 400;">told reporters</span></a><span style="font-weight: 400;"> at the beginning of the war that the military would fight "with maximum authorities—no stupid rules of engagement." Hegseth has also </span><a href="https://theintercept.com/2026/05/15/pentagon-civilian-harm-casualties-war-hegseth/"><span style="font-weight: 400;">gutted the offices</span></a><span style="font-weight: 400;"> at the Pentagon meant to prevent and track civilian casualties. With those kinds of signals from the top, it would not be a surprise that military planners failed to follow up on the accuracy of their target list in Minab.</span></p>
<p><span style="font-weight: 400;">Cooper told Sen. Kirsten Gillibrand (D–N.Y.) that the U.S. military was </span><a href="https://www.democracynow.org/2026/5/15/headlines/centcom_commander_denies_us_killed_civilians_in_iran_no_way_that_we_can_corroborate_that"><span style="font-weight: 400;">not investigating</span></a><span style="font-weight: 400;"> any civilian casualty reports outside of Minab and had no "indications" about those incidents. Iranian opposition media has </span><a href="https://iranwire.com/en/news/151119-over-3300-war-victims-identified-in-iran-after-40-days-of-strikes/"><span style="font-weight: 400;">documented</span></a><span style="font-weight: 400;"> 1,701 civilian deaths in the war, including 254 children.</span></p>
<p><span style="font-weight: 400;">Two hours after the Minab bombing, a missile hit a gym where a girls' volleyball team was practicing in Lamerd, Iran, killing 21 people. Like the Minab school, the Lamerd gym was down the road from an Iranian military base (which was </span><a href="https://x.com/shayan86/status/2038155688338248176?s=46"><span style="font-weight: 400;">relatively undamaged</span></a><span style="font-weight: 400;">).</span></p>
<p><span style="font-weight: 400;">And, as in the Minab case, the U.S. government was evasive and dishonest about its role in Lamerd. U.S. Central Command </span><a href="https://www.bbc.com/news/articles/c4gx8e1x5j3o"><span style="font-weight: 400;">claimed</span></a><span style="font-weight: 400;"> that Lamerd was hit by an Iranian cruise missile, despite clear </span><a href="https://www.nytimes.com/2026/04/10/world/middleeast/iran-us-missle-strike-civilians-lamerd.html?smid=nytcore-ios-share"><span style="font-weight: 400;">video and physical evidence</span></a><span style="font-weight: 400;"> that the missile was the U.S. Army's cutting-edge Precision Strike Missile.</span></p>
<p><span style="font-weight: 400;">On April 2, a few days before a ceasefire took effect, the U.S. military bombed the unfinished B1 highway bridge outside Tehran, killing </span><a href="https://x.com/dropsitenews/status/2040333409277399415?s=46"><span style="font-weight: 400;">13 people</span></a><span style="font-weight: 400;"> at a </span><a href="https://newlinesmag.com/reportage/us-israeli-attacks-on-iran-show-a-pattern-of-double-tap-strikes/"><span style="font-weight: 400;">nearby family picnic</span></a><span style="font-weight: 400;">. U.S. military officials <a href="https://x.com/barakravid/status/2039754702590455996?s=46">told</a> </span><i><span style="font-weight: 400;">Axios</span></i><span style="font-weight: 400;"> that the bridge was being used to move missile parts, but the bridge wasn't even finished yet, and Trump <a href="https://x.com/atrupar/status/2043334522205253716?s=46">said</a> that he attacked it "just to show them" that he can.</span></p>
<p><span style="font-weight: 400;">It's ironic that the Trump administration has flaunted its devil-may-care attitude to enemy populations, only to get offended at the suggestion that this recklessness might get schoolgirls killed. "We don't target [civilians]. Iran does," Hegseth </span><a href="https://www.washingtonpost.com/national-security/2026/03/13/hegseth-iran-school-strike/"><span style="font-weight: 400;">told reporters</span></a><span style="font-weight: 400;"> when announcing the investigation into the Minab attack. "You're playing gotcha questions," Hegseth later </span><a href="https://www.instagram.com/reel/DXvkhLwDmUj/"><span style="font-weight: 400;">told</span></a><span style="font-weight: 400;"> Rep. Ro Khanna (D–Calif.) when asked about Minab and the overall cost of the war. </span></p>
<p><span style="font-weight: 400;">But the Trump administration didn't invent cover-ups of civilian casualties. In 2015, a U.S. gunship bombed a Doctors Without Borders hospital in Kunduz, Afghanistan, killing 42 people. The Obama administration </span><a href="https://www.theguardian.com/us-news/2015/oct/06/doctors-without-borders-airstrike-afghanistan-us-account-changes-again"><span style="font-weight: 400;">kept changing</span></a><span style="font-weight: 400;"> its explanation for the attack, first claiming that the hospital suffered collateral damage from nearby combat, then saying the Afghan government called in the airstrike, then admitting that the U.S. military "mistakenly" targeted the hospital.</span></p>
<p><span style="font-weight: 400;">During Cooper's hearing, House Armed Services Committee Rep. Adam Smith (D–Wash.) got to the core of why these coverups are so insidious. "Even if a further investigation is necessary to figure out prevention methods, can you at this moment acknowledge that a mistake was made and that we were responsible for it?" he asked. "It's something we didn't want to do and don't want to repeat."</span></p>
<p>The post <a href="https://reason.com/2026/05/20/the-u-s-governments-shifting-excuses-for-bombing-a-school-in-iran/">The U.S. Government&#039;s Shifting Excuses for Bombing a School in Iran</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Credit: Kyodonews/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[The bombed-out ruins of an elementary school in Minab, Iran]]></media:description>
		<media:title><![CDATA[05.20.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/a-tennessee-man-jailed-for-37-days-because-of-an-anti-trump-meme-will-get-835000-for-his-trouble/" />
		<id>https://reason.com/?p=8382718</id>
		<updated>2026-05-21T14:09:35Z</updated>
		<published>2026-05-20T17:15:23Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Public schools" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Charlie Kirk" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Facebook" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Foundation for Individual Rights and Expression" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Free Press" /><category scheme="https://reason.com/latest/" term="Iowa" /><category scheme="https://reason.com/latest/" term="Mass Shootings" /><category scheme="https://reason.com/latest/" term="Search and Seizure" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Tennessee" /><category scheme="https://reason.com/latest/" term="Violence" />		<summary type="html"><![CDATA[Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.]]></summary>
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		<p>Last year, Larry Bushart spent 37 days in a Tennessee jail because he had shared a widely circulated anti-Trump meme on Facebook. Today his attorneys announced that he has agreed to settle the resulting <a href="https://reason.com/2025/12/18/this-tennessee-man-spent-37-days-in-jail-for-sharing-an-anti-trump-meme-he-says-the-cops-should-pay-for-that/">federal lawsuit</a> in exchange for a payment of $835,000.</p> <p>"No one should be hauled off to jail in the dark of night over a harmless meme just because the authorities disagree with its message," <a href="https://www.fire.org/news/victory-tennessee-man-jailed-37-days-trump-meme-wins-835000-settlement-after-first-amendment">said</a> Adam Steinbaugh, a senior attorney at the Foundation for Individual Rights and Expression (FIRE), which represented Bushart along with local attorney Katherine Phillips. "We're pleased that Larry has been compensated for this injustice, but local law enforcement never should have forced him to endure this ordeal in the first place."</p> <p>The meme in question, which Bushart posted on September 20 in response to a Facebook announcement of a candlelight vigil for slain conservative activist Charlie Kirk at the Perry County Courthouse, featured a photo of President Donald Trump flanked by a quote from a speech he gave at a campaign rally in Iowa on January 5, 2024. The day before, a gunman had killed two people and injured six others at a high school in Perry, Iowa.</p> <figure id="attachment_8362359" aria-describedby="caption-attachment-8362359" style="width: 300px" class="wp-caption alignright"><img decoding="async" class="size-medium wp-image-8362359" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/12/Screenshot202025-11-1920at201.42.51-PM.png1_-300x227.webp" alt="" width="300" height="227" data-credit="Facebook" srcset="https://reason.com/wp-content/uploads/2025/12/Screenshot202025-11-1920at201.42.51-PM.png1_-300x227.webp 300w, https://reason.com/wp-content/uploads/2025/12/Screenshot202025-11-1920at201.42.51-PM.png1_-768x581.webp 768w, https://reason.com/wp-content/uploads/2025/12/Screenshot202025-11-1920at201.42.51-PM.png1_.webp 833w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8362359" class="wp-caption-text">The meme that Bushart shared&nbsp;(Facebook)</figcaption></figure> <p>"I want to send our support and our deepest sympathies to the victims and families touched by the terrible school shooting yesterday in Perry, Iowa," Trump <a href="https://www.nbcnews.com/politics/donald-trump/trump-tells-supporters-get-iowa-school-shooting-move-forward-rcna132610" data-mrf-link="https://www.nbcnews.com/politics/donald-trump/trump-tells-supporters-get-iowa-school-shooting-move-forward-rcna132610">said</a>. "It's just horrible, so surprising to see it here. But we have to get over it. We have to move forward." The meme, which noted that Trump was talking about "the Perry High School mass shooting one day after," quoted just six words from those remarks: "We have to get over it." It was introduced by a comment that had been added by a previous poster: "This seems relevant today&hellip;"</p> <p>The meme falsely implied that Trump had nonchalantly dismissed the murders in Perry, suggested that people likewise should not care about Kirk's death, and could be read as an allusion to Kirk's Second Amendment advocacy (a <a href="https://reason.com/2025/09/15/no-it-wasnt-ironic-that-second-amendment-advocate-charlie-kirk-was-shot/" data-mrf-link="https://reason.com/2025/09/15/no-it-wasnt-ironic-that-second-amendment-advocate-charlie-kirk-was-shot/">common theme</a> of left-leaning commentary after his assassination). It was certainly insensitive and tendentious, but it also was indisputably speech protected by the First Amendment.</p> <p>Perry County Sheriff Nick Weems, who had himself promoted the candelight vigil for Kirk, thought otherwise. He preposterously claimed that Bushart had violated a <a href="https://law.justia.com/codes/tennessee/title-39/chapter-16/part-5/section-39-16-517/">Tennessee law</a> that applies to "a person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity." How so? Weems <a href="https://www.wvlt.tv/2025/09/22/former-officer-accused-posting-threatening-meme-referencing-school-shooting-tn/">averred</a> that the meme had caused "mass hysteria in our community" because people confused Iowa's Perry High School with Tennessee's Perry County High School.</p> <p>Weems never presented any evidence of such hysteria, and he acknowledged that he understood the meme was referring to a crime that had been committed nearly two years earlier in another state. But the <a href="https://reason.com/wp-content/uploads/2025/12/Complaint-Bushart-v.-Perry-County-12-17-25.pdf#page=11">affidavit</a> that he used to obtain an arrest warrant for Bushart omitted that crucial point.</p> <p>That was by no means the only problem with the inartfully worded affidavit, which was written by Jason Morrow, one of Weems' investigators, at the sheriff's behest. Morrow said the meme was "a means of communication, via picture, posted to a Perry County, TN Facebook page in which a reasonable person would conclude could lead to serious bodily injury, or death of multiple people." Grammatical infelicities aside, that did not make much sense, since the message itself could not possibly have injured or killed people. Although Morrow alleged that Bushart was guilty of "Threatening Mass Violence at School," he did not explain in what sense that was true.</p> <p>Nor did Morrow allege the state of mind required by the statute, which says a defendant can be guilty of this felony only if he acted "recklessly." That is consistent with the level of culpability that the Supreme Court has <a href="https://reason.com/2026/05/05/why-the-courts-will-86-the-flagrantly-unconstitutional-charges-against-james-comey/">said</a> is required to convict someone of making a "true threat," one of the few recognized exceptions to the First Amendment. "A mental state of recklessness is sufficient," Justice Elena Kagan wrote for the majority in the 2023 case <a href="https://www.supremecourt.gov/opinions/22pdf/22-138_43j7.pdf" data-mrf-link="https://www.supremecourt.gov/opinions/22pdf/22-138_43j7.pdf"><i>Counterman v. Colorado</i></a>. "The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence."</p> <p>A "true threat" also requires a message that is reasonably interpreted as a "serious expression" of an intent to commit violence. On that score, too, Morrow's affidavit was deficient, since it hinged on a highly improbable understanding of the meme.</p> <p>The affidavit, in short, plainly did not meet the requirements imposed by Tennessee law and the U.S. Constitution. It nevertheless passed muster with a magistrate—"a nonlawyer with no formal legal education," as Bushart's attorneys noted in his December 17 <a href="https://reason.com/wp-content/uploads/2025/12/Complaint-Bushart-v.-Perry-County-12-17-25.pdf">lawsuit</a>, which named Weems, Morrow, and Perry County as defendants. Based on the resulting warrant, Weems asked police in Lexington to <a href="https://reason.com/2025/10/10/tennessee-man-arrested-gets-2-million-bond-for-posting-facebook-meme/">arrest</a> Bushart, who was then transferred to the sheriff's custody. Because Bushart was unable to cover the staggering $2 million bond demanded for his release, he spent 37 days in jail before the district attorney for Perry County <a href="https://reason.com/2025/10/30/prosecutors-drop-charges-against-tennessee-man-over-facebook-meme/" data-mrf-link="https://reason.com/2025/10/30/prosecutors-drop-charges-against-tennessee-man-over-facebook-meme/">dropped</a> the charge against him after the case drew widespread criticism.</p> <p>When local police took Bushart to a jail in Lexington, an officer <a href="https://www.youtube.com/watch?v=EvODz2rOBDs" data-mrf-link="https://www.youtube.com/watch?v=EvODz2rOBDs">informed him</a> that he was accused of "threatening mass violence at a school." Bushart was flummoxed. "I played on Facebook," he said. "I threatened no one." He conceded that "I may have been an asshole, but—" The officer interjected, "That's not illegal." That cop seemed to have a better understanding of the law than Weems or Morrow did.</p> <p>Bushart's lawsuit alleged that Weems and Morrow violated his Fourth Amendment rights by arresting him without probable cause and violated his First Amendment rights by punishing him for constitutionally protected speech. Morrow's affidavit "did not support a finding of probable cause to arrest Mr. Bushart because it described solely protected political speech," Bushart's lawyers noted. Any "reasonable police officer" would have understood that, they said, and "no reasonable officer" would have interpreted his post as "a threat of violence." Treating protected speech as a crime was itself a violation of the First Amendment "under color of law," the complaint argued, and given the context, it was also unconstitutional retaliation for Bushart's exercise of the rights protected by that guarantee.</p> <p>"I am pleased my First Amendment rights have been vindicated," Bushart <a href="https://www.fire.org/news/victory-tennessee-man-jailed-37-days-trump-meme-wins-835000-settlement-after-first-amendment">said</a>. "The people's freedom to participate in civil discourse is crucial to a healthy democracy. I am looking forward to moving on and spending time with my family."</p> <p>FIRE staff attorney Cary Davis emphasized the broader significance of the settlement. "It's in times of turmoil and heightened tensions that our national commitment to free speech is tested the most," she <a href="https://www.fire.org/news/victory-tennessee-man-jailed-37-days-trump-meme-wins-835000-settlement-after-first-amendment">said</a>. "When government officials fail that test, the Constitution exists to hold them accountable. Our hope is that Larry's settlement sends a message to law enforcement across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow."</p><p>The post <a href="https://reason.com/2026/05/20/a-tennessee-man-jailed-for-37-days-because-of-an-anti-trump-meme-will-get-835000-for-his-trouble/">A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[LadyJay Creations LLC/FIRE]]></media:credit>
		<media:description type="html"><![CDATA[Larry Bushart]]></media:description>
		<media:caption><![CDATA[Larry Bushart]]></media:caption>
		<media:text><![CDATA[Larry Bushart]]></media:text>
		<media:title><![CDATA[Larry-Bushart-FIRE-2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Elizabeth Nolan Brown</name>
							<uri>https://reason.com/people/elizabeth-nolan-brown/</uri>
						<email>elizabeth.brown@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Call Her Happily Married After Premarital Sex Just Like Countless Other Women			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/call-her-happily-married-after-premarital-sex-just-like-countless-other-women/" />
		<id>https://reason.com/?p=8382696</id>
		<updated>2026-05-20T16:38:36Z</updated>
		<published>2026-05-20T16:38:36Z</published>
			<category scheme="https://reason.com/latest/" term="Culture War" /><category scheme="https://reason.com/latest/" term="Marriage" /><category scheme="https://reason.com/latest/" term="Sex" /><category scheme="https://reason.com/latest/" term="Dating" /><category scheme="https://reason.com/latest/" term="Feminism" /><category scheme="https://reason.com/latest/" term="Podcasts" /><category scheme="https://reason.com/latest/" term="Social Conservatism" />		<summary type="html"><![CDATA[Conservative scolding of Alex Cooper, creator of the Call Her Daddy podcast, is completely out of touch with reality.]]></summary>
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		<p>Conservatives have been slamming <em>Call Her Dadd</em>y podcast host Alex Cooper for getting married and embracing motherhood after creating a podcast that failed to shame women for having premarital sex. Their criticisms ring ridiculously out of touch. Many center on the supposed unlikelihood of a woman being able to snag a husband after hooking up with others in her 20s, while some simply seem angry at an openly promiscuous woman not being punished for it.</p>

<p>Cooper "has some atoning to do," <a href="https://ifstudies.org/blog/alex-cooper-built-an-empire-on-misleading-young-women">writes</a> Ashley McGuire at the Institute for Family Studies, citing the podcast host's "destructive ideas" about casual sex. McGuire links to a piece about <a href="https://www.foxnews.com/media/alex-cooper-pushes-back-tiktok-dating-rules-graphic-first-date-advice-call-daddy">Cooper saying it's OK to kiss or even have sex on a first date</a> and cites Cooper telling women "you do not need to be denying yourself pleasure to prove some arbitrary point."</p>
<p>The gist of the criticism—from McGuire and others—is that, for women, premarital sex leads to bad outcomes, so it's somehow hypocritical or irresponsible for Cooper to pretend like her path from playing the field to happily married <a href="https://x.com/LDRNationalist/status/2056393264886861939">is typical</a> or attainable.</p>
<p>Enjoying casual hookups in your 20s generally leads to spinsterdom because "most men don't want to marry a thot," <a href="https://x.com/IsabellaRedjai/status/2056402519132090595">suggests</a> Isabella Redjai of the Manhattan Institute. Trading in casual encounters for marriage and motherhood is something that "only works for exceptionally successful, gorgeous women with influence,"  <a href="https://x.com/FlorioGina/status/2056194658909220980">writes</a> author Gina Botempo, author of <i>Fat and Unhappy: How "Body Positivity" Is Killing Us (and How to Save Yourself)</i>. Premarital sex leads to divorce, <a href="https://x.com/BradWilcoxIFS/status/2056438163179024886">suggests</a> University of Virginia professor and <i>Get Married</i> author Brad Wilcox.</p>
<p>I'm sorry, but what century are these folks living in? Because in the real world, Cooper—who married at the ripe old age of 29, mind you, and is now pregnant with her first child at 31—is far from an outlier or some spectacular fairy tale case.</p>
<h1>Getting Down Before Settling Down</h1>
<p>These days, the vast majority of young and middle-aged adults—including the vast majority of <i>married</i> women—have had premarital sex. According to the most recent <a href="https://www.cdc.gov/nchs/nsfg/key_statistics/p-keystat.htm#premarital">data</a> from the Centers for Disease Control and Prevention, from 2017–19, the share of ever-married 15- to 49-year-olds who've had premarital sex stands at 89 percent for women and 93 percent for men.</p>
<p>In the 2000s, 14 percent of married women had <i>10 or more</i> premarital sex partners and 30 percent had between four and nine partners, <a href="https://ifstudies.org/blog/counterintuitive-trends-in-the-link-between-premarital-sex-and-marital-stability">noted</a> University of Utah professor Nicholas H. Wolfinger at the Institute for Family Studies in 2016. In the early 2010s, 18 percent of married women had 10 or more partners, and 32 percent had between four and nine, with just 5 percent having still been virgins when they got married.</p>
<p>It seems plenty of people—including plenty of women—spend some time getting down before settling down.</p>
<p>The data back up what I—and I'm guessing many of you, too—have observed personally: that it's not at all unusual for a woman to spend her 20s going on dates or entering into romantic relationships that don't work out and, despite being unchaste in some of these encounters, eventually settling into monogamous marriage and motherhood.</p>
<p>(Hi, it's me! Happily married with two kids and living the most wholesome, picket-fence-perfect life despite failing to remain celibate throughout my 20s and not even marrying until age 36.)</p>
<p>"Alex Cooper is no exception," <a href="https://www.cartoonshateher.com/p/casual-dating-before-marriage-isnt">notes</a> the Substack writer Cartoons Hate Her. "Many women who date casually, or who sleep around, still get married—some on a relatively typical timeline—not to 'beta chumps' who don't know any better, but to men who have lived similar lives, who had similar timelines in mind."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Every hot slut I knew in my 20s is now happy and settled in their 30s. That's just the normal progression of life lol.</p>
<p>&mdash; Josie Marcellino (@JosieMarcellino) <a href="https://twitter.com/JosieMarcellino/status/2056488847337284071?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<h1>The Divorce Factor</h1>
<p>OK—but what about <a href="https://x.com/BradWilcoxIFS/status/2056441080304795795">Wilcox's contention</a> that premarital sex is a "robust predictor of divorce?"</p>
<p>Wilcox cites a 2023 <a href="https://journals.sagepub.com/doi/10.1177/0192513X231155673">study</a> from Wolfinger and Jesse Smith that found the odds of divorce were higher for people with more premarital sexual partners. "Those with the highest number of premarital sexual partners&hellip;(nine or more) have about triple the odds of divorce compared to those with none," the study authors write. "Those with one to eight partners are also at greater risk of divorce" than those with zero premarital partners, and "a significantly lower divorce risk than those with nine or more partners, indicating three distinct groups. Taken together, these results suggest&hellip;three tiers of divorce risk, with the lowest risk for those with no premarital, nonspousal partners, a modest increase for those with some, and a sharp increase for those with many."</p>
<p>First, it's important to stress that <i>many</i> people who had a few or even over nine sexual partners did <i>not</i> get divorced.</p>
<p>Second, let's note that <a href="https://attheu.utah.edu/facultystaff/premarital-sex-and-divorce/">previous research from Wolfinger</a> came to some somewhat different conclusions. Looking at premarital sex rates and marriages from the 1970s through the early 2010s, he found that women with <em>two</em> sexual partners before marriage had <i>higher</i> divorce rates than women with three to nine sexual partners.</p>
<p>"In short, if you're going to have comparisons to your [future] husband, it's best to have more than one," Wolfinger said in 2016.</p>
<p>But the key thing to keep in mind here is that you can't look at a link between premarital sex and higher divorce rates and know that the former <i>causes</i> the latter. And there's good reason to suspect that that's not what's going on here. Because people who have premarital sex and people who don't are likely different in all sorts of ways, and people who have one or two premarital sex partners and people who have 10 or 20 are likely different in all sorts of ways as well.</p>
<p>The kinds of people who entirely refrain from premarital sex may be more religious or conservative, traits that may also make them more likely to view divorce as verboten. The more recent Wolfinger study said it controlled for religion and socioeconomic factors, but there are still a lot of factors that weren't and can't be controlled. People who have no premarital sex may be more shy, have lower self-esteem, be less physically attractive, or possess other attributes that make divorce less likely.</p>
<p>Conversely, people with more sexual partners before marriage may have certain attributes that also make divorce more likely. Having premarital sex at all may indicate an openness to new experiences, or a more liberal attitude generally, and both traits could also be linked to a higher likelihood of divorce. Certainly, having lots of premarital sex may indicate a person isn't cut out for monogamy—a trait that would also make that person less likely to stay married. And having lots of sexual partners could, in some cases, signal an underlying tendency toward chaotic or risky choices, or perhaps even mental illness—again, all attributes that could make divorce more likely.</p>
<p>The authors of the study Wilcox cites even <a href="https://journals.sagepub.com/doi/10.1177/0192513X231155673">note</a> this, writing that "having more partners may indicate distinctive characteristics which are not conducive to marital stability."</p>
<p>I have no trouble believing that there's some link between higher premarriage "body counts" and divorce risk. But a correlation here does not mean that having premarital sex <i>causes</i> future divorces or makes one less likely to be satisfied in a future marriage. Likewise, we can't assume that simply abstaining from premarital sex would make <em>everyone</em> happier in their future marriages.</p>
<p>(This reminds me of Wilcox's and others' insistence that getting married makes people happier, since surveys show married people measure higher in happiness and life satisfaction than their unmarried counterparts. But maybe people with a generally positive outlook or happy demeanor are just more likely to find a spouse. Or maybe there are traits and circumstances that lead to both happiness and a higher tendency to get married.)</p>
<h1>'Just What Lots of People Do'</h1>
<p>The bottom line here is that some amount of premarital sex before marriage is normal. Another study conducted by the Institute for Family Studies found that in ranking relationship milestones, <a href="https://ifstudies.org/blog/putting-things-in-order-relationship-sequencing-preferences-of-american-women">the second most popular "first stage" was having sex</a> (before marriage or cohabitation).</p>
<p>The idea that only the lucky few, or the exceptionally beautiful and successful, can pull off marriage after a decade of dating just doesn't match reality. As Cartoons Hate Her put it: "It's not a luxury belief to enjoy casual sex and then get married. It's just what lots of people do."</p>
<p>Cartoons Hate Her suggests that some people criticizing Cooper and others like her are not genuinely concerned that it will result in misery for most young women. Rather, they're concerned that it won't: "They want Cooper (and women like her) to suffer the consequences of playing the field and failing to settle down as young as possible."</p>
<p>There's certainly an undercurrent of that in some of the commentary around Cooper—a seeming seething over the idea that women could "blow off" marriage during <a href="https://x.com/grilli262/status/2056395066134954295">their "peak years"</a> and "<a href="https://x.com/CoreyWriting/status/2056404274637144098">enjoy a libertine and licentious lifestyle</a>" while still winding up with a conservative-coded happily ever after.</p>
<p>But more commonly, the criticism has coalesced around the idea that there's something vaguely hypocritical in saying women can have sex for fun when they're young and then, personally, taking a more traditional route.</p>
<p>This critique goes back further than Cooper—Wilcox was taking a similar tack in his 2023 book <i>Get Married: Why Americans Must Defy the Elites, Forge Strong Families, and Save Civilization </i>(which I <a href="https://reason.com/2024/06/14/families-need-a-vibe-shift/">reviewed along with several other family-formation books here</a>). <i>Get Married</i> suggests there's something hypocritical about wealthy, college-educated people choosing marriage for themselves and waiting until after marriage to have children while not insisting that this is the one true way or shaming people who take another path.</p>
<p>This seems to be coalescing as conventional wisdom on the right: that it's broadly hypocritical—a "luxury belief"—to preach tolerance, sex positivity, and lifestyle pluralism while personally engaging in "conservative" actions like getting married and having kids. But that's only hypocritical if you also believe there's only one path to life fulfillment and everyone must follow it.</p>
<p>Personally, I think there's no one-size-fits-all way to be happy. And there's nothing hypocritical about suggesting that some or perhaps even most people would be better off in one set of circumstances while not <i>everyone</i> will find those circumstances optimal.</p>
<p>In fact, what someone finds optimal for themselves may depend on the stage of life they're in—as we've seen Cooper illustrate so nicely. Call her a perfectly normal 21st century woman on a common and mundane relationship trajectory.</p>
<hr />
<h1>In The News</h1>
<p><strong>A case with major implications for FOSTA enforcement <em>won't</em> go to the Supreme Court.</strong> The Supreme Court won't take up a case involving X and an allegation of sex trafficking. The "rejected appeal concerned two teenage boys who thought they were interacting on Snapchat with a girl at their school," <a href="https://www.usatoday.com/story/news/politics/2026/05/18/supreme-court-social-media-liability-x-case/90102409007">notes</a> <em>USA Today</em>:</p>
<blockquote><p>In reality, they say, they were being tricked by sex traffickers who blackmailed them into recording sexually graphic videos of themselves.</p>
<p>Three years later, the videos began circulating on Twitter, now X. The company rejected requests by the minors to remove the posts, doing so only after the Department for Homeland Security got involved, according to filings.</p></blockquote>
<p>I've <a href="https://reason.com/2021/09/03/as-twitter-sex-trafficking-case-proceeds-platforms-face-an-impossible-dilemma/">written about this case at length before</a>. The plaintiffs here have majorly twisted the definition of <em>sex trafficking</em> in an attempt to get around Section 230 of the Communications Decency Act, which protects websites from liability for content that they did not create.</p>
<p>But the 2018 law known as FOSTA carved out an exception to Section 230 for crimes involving sex trafficking. So here we've got plaintiffs arguing that soliciting an explicit video from minors on Snapchat counts as sex trafficking and that unwittingly hosting a link to that video makes X/Twitter part of a "sex trafficking venture."</p>
<p>Lower <a href="https://reason.com/2023/05/05/appeals-court-dismisses-lawsuit-accusing-twitter-of-sex-trafficking/">courts rejected this argument</a>, thankfully. Their rulings represent a narrow reading of FOSTA's Section 230 carveout and a narrow interpretation of the law against participation in a sex trafficking venture. To have ruled otherwise could have left tech companies on the hook for human trafficking any time a user posts an illegal sex video, even if no one was actually sold for sex and even if the company ultimately takes down the video or any links to it.</p>
<p>Legal liability in cases like this should lie with the adults who solicited sex videos from minors and with anyone who knowingly posted an underage sex video. It should not lie with web platforms that inadvertently and temporarily hosted evidence of these criminal acts.</p>
<hr />
<h1>More Sex &amp; Tech News</h1>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">New <a href="https://twitter.com/ReasonFdn?ref_src=twsrc%5Etfw">@ReasonFdn</a> Backgrounders! The GUARD Act and CHATBOT Act both suffer from the same flawed approach - &quot;safety&quot; through age-gating and full or partial bans on minors using AI chatbots <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f9f5.png" alt="🧵" class="wp-smiley" style="height: 1em; max-height: 1em;" />1/9 <a href="https://t.co/mtUmMNN0Pa">pic.twitter.com/mtUmMNN0Pa</a></p>
<p>&mdash; Max Gulker (@maxg_econ) <a href="https://twitter.com/maxg_econ/status/2056820548819095792?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>• State-level abortion bans are <a href="https://news.ohsu.edu/2026/05/18/abortion-bans-lead-to-worse-outcomes-for-miscarriages">tied to worse medical care for people suffering miscarriages</a>, according to new research published in <em>JAMA</em>.</p>
<p>• Who is Apple's new AI text feature for, <a href="https://embedded.substack.com/p/i-let-apple-ai-answer-all-my-texts">Kate Lindsay asks</a> after using it to answer her texts for a few days and reportedly alienating everyone.</p>
<p>• Edtech gamification of homework has gone astray, Kelsey Piper <a href="https://www.theargumentmag.com/p/homework-shouldnt-be-all-fun-and">suggests</a>. "Just give kids a worksheet and tell them that when they're done, they can go play. They'll do more work and have more fun."</p>
<p>The post <a href="https://reason.com/2026/05/20/call-her-happily-married-after-premarital-sex-just-like-countless-other-women/">Call Her Happily Married After Premarital Sex Just Like Countless Other Women</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: @alexandracooper via Instagram]]></media:credit>
		<media:description type="html"><![CDATA[A married couple in the background, and Alex Cooper holding a 'Call Her Daddy" sign in the foreground]]></media:description>
		<media:title><![CDATA[05.20.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josef Burton</name>
							<uri>https://reason.com/people/josef-burton/</uri>
					</author>
					<title type="html"><![CDATA[
				The Modern Passport Has Eliminated Fraud, Forgery, and Heroes Who Can Bend the Rules To Save Lives			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/the-modern-passport-has-eliminated-fraud-forgery-and-heroes-who-can-bend-the-rules-to-save-lives/" />
		<id>https://reason.com/?p=8382738</id>
		<updated>2026-05-20T15:54:02Z</updated>
		<published>2026-05-20T16:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Border Crossings" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Open Borders" /><category scheme="https://reason.com/latest/" term="World" /><category scheme="https://reason.com/latest/" term="Afghanistan" /><category scheme="https://reason.com/latest/" term="Antisemitism" /><category scheme="https://reason.com/latest/" term="Borders" /><category scheme="https://reason.com/latest/" term="Department of State" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The biometric immigration system makes it impossible for bureaucrats to make a moral stand. I know because I tried.]]></summary>
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		<p><span style="font-weight: 400;">The history of the 20th century, and especially the history of the Holocaust, is replete with bureaucratic heroes like </span><a href="https://encyclopedia.ushmm.org/content/en/map/rescue-in-budapest-1944-1945"><span style="font-weight: 400;">Raoul Wallenberg</span></a><span style="font-weight: 400;">, </span><a href="https://encyclopedia.ushmm.org/content/en/article/chiune-sempo-sugihara"><span style="font-weight: 400;">Chiune Sugihara</span></a><span style="font-weight: 400;">, </span><a href="https://www.yadvashem.org/righteous/stories/foley.html"><span style="font-weight: 400;">Frank Foley</span></a><span style="font-weight: 400;">, and </span><a href="https://sousamendesfoundation.org/aristides-de-sousa-mendes-his-life-and-legacy/"><span style="font-weight: 400;">Aristides de Sousa Mendes</span></a><span style="font-weight: 400;">, diplomats who combined to save hundreds of thousands of lives by bending the rules and issuing unauthorized passports or visas to people fleeing persecution. Now, in the 21st century, as we stand ever closer to repeating the horrors of the past century, these rule-bending insiders are nowhere to be found. It isn't that people aren't capable of morally taking a stand. It's that they physically can't do so.</span></p>
<p><span style="font-weight: 400;">I would know, because I once tried. As a midlevel visa manager at the U.S. Consulate-General in Mumbai in 2022, I tried to help an Afghan family marooned by the Taliban takeover. The parents already had U.S. visas, but when I tried to issue a visa to their baby, a computer overrode my decision. To this day, I don't know what happened to that family. These kinds of scenes </span><a href="https://reason.com/2026/01/22/the-u-s-is-forcing-afghan-allies-into-exile-with-no-way-forward/"><span style="font-weight: 400;">are repeating around the world</span></a><span style="font-weight: 400;">, from the </span><a href="https://reason.com/2024/05/07/chaos-in-rafah/"><span style="font-weight: 400;">closed-up Rafah border crossing</span></a><span style="font-weight: 400;"> between Gaza and Egypt to U.S. deportation proceedings that </span><a href="https://reason.com/2025/05/21/report-50-venezuelans-sent-to-salvadoran-prison-entered-the-u-s-legally-contrary-to-white-house-claims/"><span style="font-weight: 400;">end in shipment to Salvadoran prisons</span></a><span style="font-weight: 400;">. Photographs of emaciated people peering through gates are once again becoming common—and their fate is increasingly controlled by faceless systems.</span></p>
<p><span style="font-weight: 400;">Ironically, the modern immigration system was designed to prevent the repetition of the horrors of World War II and the Holocaust. Implicit in the hopes of the founders of refugee aid societies and the legislators who wrote immigration law was that the 20th century's mass displacement and mass murder could be made impossible via international cooperation and the codification of human rights. The much more anodyne charters of functional international organizations like the United Nations High Commissioner for Refugees and the International Civil Aviation Organization (ICAO) also carried the assumption that making things systematized and efficient was the way to do that. </span></p>
<p><span style="font-weight: 400;">Years ago, in my diplomatic training, State Department instructors sat us down and somberly told us about what Wallenberg did in Hungary. The day might come when we have to choose between our values and the rules, they said. The stories of Sugihara, Foley, Sousa Mendes, and others are also famous in migration management circles, held up as exemplars because they were noble people who did the right thing when it mattered. How many times does a bureaucrat stamping visas get to become a moral hero?</span></p>
<h1><b>The Diplomats Who Went Rogue</b></h1>
<p><span style="font-weight: 400;">Wallenberg was a Swedish diplomat in Budapest who pushed procedure to the limit. In the bygone days of Hungary's fascist regime, Wallenberg was creative with his embassy budget: He rented dozens of buildings around the city, declared these buildings Swedish diplomatic facilities with full diplomatic immunity, and sheltered thousands of Hungarian Jews inside. These were people who, absent Wallenberg's absurdist rule bending and personal initiative, would have been rounded up and sent to concentration camps in a matter of days.</span></p>
<p><span style="font-weight: 400;">As an Imperial Japanese diplomatic official during World War II, Sugihara makes for an odd hero. But when he found himself in charge of visa issuance at the Japanese consulate in Lithuania, at the time occupied by the Soviet Union, he saw no harm in bending the rules to help people. Sugihara started signing transit visas (permission to travel to and pass through Japan) for basically anyone who needed to flee Lithuania. He didn't check for onward tickets or financial means. He just stamped the passports and filled out what he had to. At first, Sugihara mostly gave these visas to middle-class businessmen and Jewish yeshiva students fleeing the Soviets, but then he gave them to anybody fleeing the Nazis. This allowed thousands of Lithuanian Jews to make their way from Japan to any country that would take them. As German troops closed in, Sugihara worked tirelessly to issue as many as he could, sometimes working for 18 hours a day. On his way out of the country, Sugihara kept filling out visas until the last possible moment, tossing his final signed and stamped passports out of the train window.</span></p>
<p><span style="font-weight: 400;">Foley was a British passport control officer in Berlin in the late 1930s who individually saved thousands of German Jews by issuing British visas in Berlin to anybody who needed them before the war even started. Nobody knew it at the time, but Foley was actually a British spy and was only given immigration responsibilities as busywork to cover his identity. That cover story ended up mattering more, for more people, than any spying he ever did.</span></p>
<p><span style="font-weight: 400;">Sousa Mendes was an aristocratic Portuguese diplomat serving as the consul-general in Bordeaux during the fall of France. In the midst of the general European refugee crisis, the fascist dictatorship of António de Oliveira Salazar issued Circular 14, an order that directed Portuguese consulates to restrict visa issuance to, among others,</span> <span style="font-weight: 400;">"Jews expelled from their countries or those from whence they issue, stateless persons, and all those who cannot freely return to the countries whence they come."</span> <span style="font-weight: 400;">This meant essentially everyone who was crowding the streets of unoccupied France looking for visas to neutral countries. Sousa Mendes found Circular 14 disgustingly racist and tried to subvert it. He issued transit and tourist visas without waiting for proper clearance and bent the rules. </span></p>
<p><span style="font-weight: 400;">One applicant he bent the rules for challenged him. Why just help a few? Why not everybody? The refugee, a Polish rabbi named Chaim Kruger, refused to accept his visa unless everybody got one. Sousa Mendes fell into a deep moral crisis, and when he snapped out of it, he agreed with Kruger completely. He went rogue and took the entire consulate in Bordeaux with him, completely ignoring not just Circular 14 but every law in the book. He issued visas to everyone, at times even filling out and issuing Portuguese passports to people who were not citizens. (This could be done with a pen, paper, and stamp in 1940.) When he personally drove to the Spanish border to argue with guards to let refugees through, he had gone too far. Lisbon ordered the French government to stop recognizing visas with Sousa Mendes' signature. Sousa Mendes was recalled to Portugal, investigated by the Salazarist secret police, demoted, fired, and died in ignominious poverty in the 1950s with his own family eating at refugee soup kitchens. By best estimates he saved </span><a href="https://www.smithsonianmag.com/history/the-righteous-defiance-of-aristides-de-sousa-mendes-180978831/"><span style="font-weight: 400;">over 30,000 people</span></a><span style="font-weight: 400;">.</span></p>
<h1><b>How the Modern Passport Became an Unbeatable System</b></h1>
<p><span style="font-weight: 400;">In 1938, the </span><a href="https://archive.org/details/childofallnation00keun/page/30/mode/2up"><span style="font-weight: 400;">German author Irmgard Keun wrote </span><i><span style="font-weight: 400;">Child of All Nations</span></i></a><span style="font-weight: 400;"> while on the run from Nazi persecution. The book follows a middle-class exile family running out of options as they flee across Europe. The child protagonist takes note: "A passport is a little booklet with stamps in. Basically, it's to prove that you're alive. If you lose your passport, then as far as the whole world is concerned you might as well have died."</span></p>
<p><span style="font-weight: 400;">Keun's child protagonist is right. If you aren't documented, you don't exist. This situation came into being quite recently. For most of human history, you just didn't need a passport, and well into the 20th century, most border control was perfunctory. But passports keep becoming more important, more accurate, and harder to subvert.</span></p>
<p><span style="font-weight: 400;">Many people who have handed over their ID or passport to a government official have idly wondered what exactly the passport officer is looking at on their screen. </span><i><span style="font-weight: 400;">How much does the government see about me?</span></i><span style="font-weight: 400;"> The modern biometric passport system is based on standards administered by ICAO, the U.N. body responsible for air travel. Malaysia was the first country to issue a biometric passport in 1998. Now after almost 30 years of regulatory effort by the ICAO, there are only a handful of in the world that don't use them. The passport contains both a scannable data strip and an embedded chip, meaning any country on Earth can instantly pull up a traveler's information at the border. The biometric information that's uploaded to the chip is basically the same on the passport page: age, place of birth, name, birthday. Some countries opt to include significantly more information than that; the United States, for the time being, excludes fingerprints.</span></p>
<p><span style="font-weight: 400;">More important than the passport itself is the way it is integrated into worldwide databases. The ICAO standard was rolled out shortly before 9/11, and after the attacks, countries everywhere moved away from purely physical visa stickers or stamps to visas </span><a href="https://reason.com/2008/10/06/who-killed-real-id/"><span style="font-weight: 400;">backstopped by centralized computer systems</span></a><span style="font-weight: 400;">. You have a machine-scannable passport that correlates to a database in your home country. In that passport, you have a visa that correlates to a database in the issuing country. Everything gets cross-referenced.</span></p>
<p><span style="font-weight: 400;">The security benefits are obvious. A "fake passport" in the 21st century essentially does not exist (at least not without the resources of a state). Identity theft is much more difficult. The 21st century system also complicates espionage significantly. If an intelligence agency wants to send a spy to another country, but that person traveled there as a child, their face and fingerprints and legal name are already on file, and their fake identity will be exposed as soon as the passport is swiped at border control. After Hamas commander Mahmoud al-Mabhouh was assassinated in 2010, the Israeli assassins' fake or stolen western passports were </span><a href="https://www.theguardian.com/world/2010/feb/21/mahmoud-al-mabhouh-passports-hamas"><span style="font-weight: 400;">almost immediately unmasked by Dubai police</span></a><span style="font-weight: 400;">, causing an international incident. It was enough of a cover to get into the country and choke a man to death in a hotel room, but it never fooled anyone long term.</span></p>
<h1><b>Oversight Became a Tool of Control</b></h1>
<p><span style="font-weight: 400;">The tracking and cross-referencing are deeply restrictive for bureaucrats themselves. Immigration officers and diplomats with an immigration portfolio are now cogs in the wheel of a bigger machine, with their own decisions subject to instant review. They cannot choose to look the other way to slow-roll unjust policies or let vulnerable people escape to safety. They scan passports into government software suites that have user IDs and performance metrics reports that track every action the officer takes. Their names and decisions are entered into government records and associated with the same biometric data that get tagged to the applicant.</span></p>
<p><span style="font-weight: 400;">Take this hypothetical scenario. Customs and Border Protection officer John Smith admitted traveler Mehmet Yilmaz to the United States at 8:35 a.m. last Tuesday after asking him </span><i><span style="font-weight: 400;">this</span></i><span style="font-weight: 400;"> set of questions and recording his answers. Mehmet Yilmaz has </span><i><span style="font-weight: 400;">this</span></i><span style="font-weight: 400;"> face and </span><i><span style="font-weight: 400;">these </span></i><span style="font-weight: 400;">fingerprints and </span><i><span style="font-weight: 400;">this</span></i><span style="font-weight: 400;"> birthday and used a visa issued in the Istanbul consulate by visa officer Jane Doe two months ago with </span><i><span style="font-weight: 400;">these</span></i><span style="font-weight: 400;"> justifications and </span><i><span style="font-weight: 400;">this</span></i><span style="font-weight: 400;"> work history and </span><i><span style="font-weight: 400;">this</span></i><span style="font-weight: 400;"> travel history. All of this information is instantly populated into a centralized database accessible from Washington, D.C., and if Mehmet Yilmaz feels like he's being surveilled, maybe it gives some cold comfort to know that officers John Smith and Jane Doe are having their own decisions double-checked and assessed by their superiors every step up the chain.</span></p>
<p><span style="font-weight: 400;">This accountability can be a good thing. The State Department's Bureau of Consular Affairs maintains its own internal "Wall of Shame" of visa officers who extorted sex or cash bribes from applicants. Due to robust internal tracking, these officers are almost always immediately caught. But the accountability only works in one direction to make the system more restrictive. If you take away individual agency, you expose everyone to the whims of executive power, centrally directed.</span></p>
<p><span style="font-weight: 400;">Years after the Holocaust, living in retirement, Sugihara mused to himself about what would have happened if his own fascist, Nazi-aligned government had discovered what he did for Lithuanian Jews. "No one ever said anything about it," </span><a href="https://thetyee.ca/Presents/2022/11/15/Man-Whose-Visas-Saved-Countless-Lives/"><span style="font-weight: 400;">he recalled</span></a><span style="font-weight: 400;">. "I remember thinking that they probably didn't realize how many I actually issued." He was just there at his desk in the Japanese consulate in Kaunas with his visa stamp and his pens and his conscience. That world doesn't exist anymore.</span></p>
<p><span style="font-weight: 400;">Headquarters today would have instantly noticed the discrepancy, the lack of full vetting, and the slippage in issuance standards. Officials in an office in Tokyo could have digitally canceled every transit visa issued by Sugihara's user ID and made it show up in other countries' computer systems. The modern biometric passport system and ID technology foreclose the possibility of individuals of conscience acting alone to do the right thing.</span></p>
<h1><b>How the Computer Stopped Me From a Common-Sense Solution</b></h1>
<p><span style="font-weight: 400;">I saw it firsthand, soon after putting in my resignation letter from the State Department. One of my last jobs was working at an improvised call center after the U.S. evacuation from Kabul. Every visa officer there had listened to </span><a href="https://reason.com/2024/08/25/left-in-the-graveyard-of-empires/"><span style="font-weight: 400;">the Afghan interpreters and their family members</span></a><span style="font-weight: 400;"> sob over the phone as they tried to beg their way onto planes without visas, still waiting on the completion of paperwork that didn't come in time.</span></p>
<p><span style="font-weight: 400;">Six days before my last day, one of my subordinates came to me with an Afghan baby's passport, which had been submitted in the interview waiver drop box. (At the time, the U.S. didn't ask toddlers to show up at visa interviews; </span><a href="https://travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-sept-18-2025.html"><span style="font-weight: 400;">the Trump administration changed that rule</span></a><span style="font-weight: 400;"> in October 2025.) "This one is strange. Check it out," she said. We scanned the passport, and the baby's entire story appeared. This was the child of two Afghan diplomats, posted to the former Afghan consulate in Mumbai right across town from us, whose situation was now uncertain due to the Taliban takeover. In other words, they were fellow diplomats from an allied government that no longer had a country. Both of this child's parents had U.S. visas already. If the baby also got one, they could all go to the U.S. together and claim asylum together. Otherwise, they would potentially have to wait for years in penniless exile (or worse, in a concrete-floored Qatari processing camp without functioning toilets) while their case made its way through </span><a href="https://reason.com/2025/02/25/trumps-ice-detains-afghans-who-helped-u-s-forces/"><span style="font-weight: 400;">the shambolic U.S. program for Afghan allies</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">"Just issue it," I told my subordinate. "It's the least we can do."</span></p>
<p><span style="font-weight: 400;">"I'm not comfortable doing that," she replied. "My name is going to be on the case."</span></p>
<p><span style="font-weight: 400;">It was against the rules to issue a tourist visa if you suspect the applicant would use that visa to travel and claim asylum. She was right too; her user ID would go on the case. It would definitely be noticed, and this subordinate was a first-tour officer at the very beginning of her career.</span></p>
<p><span style="font-weight: 400;">"I quit in six days," I told her. "I don't have a career to lose. Hand it over."</span></p>
<p><span style="font-weight: 400;">The first-tour officers, fresh out of training on proper procedure, were viscerally uncomfortable as I snatched the passport away from them. I walked to my desk, plugged in vague but acceptable justification notes necessary to print the visa sticker, and hit the issue button. This was my Sugihara moment, trying to throw visas out the train window. I saw a bright red warning and a grayed-out issue button that the computer wouldn't let me press. Central counterterrorism screening in D.C. had flagged the case for further review. It did not say how or why an infant ended up on this watch list. </span><i><span style="font-weight: 400;">Red button, can't issue.</span></i><span style="font-weight: 400;"> I tried to call in a favor from my boss to override it, but was sympathetically told that I didn't get to do whatever I wanted just because it was my last week. The passport was sent back with a rejection slip. I still don't know what happened to that baby or the family of young diplomats in the end.</span></p>
<p><span style="font-weight: 400;">Even if you have nothing to lose, even if you're in a position of authority in the bureaucratic apparatus, you can't override the system. The world and the systems used to traverse it feel broken, much like they must have felt in the 1930s and 1940s. Most bureaucrats back then just followed the rules, as they do today. Governments still failed to save most people from the Holocaust and other atrocities. But there was at least the possibility of individual heroism. Rather than being diffused throughout the system, accountability rested directly on the shoulders of individuals in power.</span></p>
<p><span style="font-weight: 400;">Where in the world today could anyone at a camp gate or border crossing be a hero?</span></p>
<p>The post <a href="https://reason.com/2026/05/20/the-modern-passport-has-eliminated-fraud-forgery-and-heroes-who-can-bend-the-rules-to-save-lives/">The Modern Passport Has Eliminated Fraud, Forgery, and Heroes Who Can Bend the Rules To Save Lives</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[U.S. Marine Corps Forces Central Command/U.S. Army/Svitlana Lutso/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[A collage of several different images: one of them a blue U.S. passport book, one of a woman in military fatigues filling out paperwork while talking to a man, the other two images are in the background with an orange tint, showing families with children walking across flat land.]]></media:description>
		<media:title><![CDATA[Afghan Refugee-5-15]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ari Shtein</name>
							<uri>https://reason.com/people/ari-shtein/</uri>
					</author>
					<title type="html"><![CDATA[
				America's Highway Fund Is Running Out of Money. Congress Wants To Spend New Funds on Not Fixing Highways.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/americas-highway-fund-is-running-out-of-money-congress-wants-to-spend-new-funds-on-not-fixing-highways/" />
		<id>https://reason.com/?p=8382720</id>
		<updated>2026-05-20T19:22:50Z</updated>
		<published>2026-05-20T15:40:38Z</published>
			<category scheme="https://reason.com/latest/" term="Transportation Policy" /><category scheme="https://reason.com/latest/" term="Amtrak" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Highways" /><category scheme="https://reason.com/latest/" term="MAHA" />		<summary type="html"><![CDATA[Congress’ new infrastructure bill commissions a costly review of Amtrak’s food and beverage offerings and a study of yellow paint.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/americas-highway-fund-is-running-out-of-money-congress-wants-to-spend-new-funds-on-not-fixing-highways/">
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		<p><span style="font-weight: 400;">As the national debt rises </span><a href="https://fred.stlouisfed.org/series/GFDEBTN"><span style="font-weight: 400;">ever higher</span></a><span style="font-weight: 400;">, Congress is gearing up to pass an enormous infrastructure spending bill.</span></p>
<p><span style="font-weight: 400;">Earlier this week, the House Transportation and Infrastructure Committee </span><a href="https://transportation.house.gov/uploadedfiles/build_america_250_act_bill_text.pdf"><span style="font-weight: 400;">released</span></a><span style="font-weight: 400;"> the BUILD America 250 Act. The sprawling 1000-page bill combines some hits—including provisions to streamline environmental reviews of infrastructure projects—with some obvious misses.</span></p>
<p><span style="font-weight: 400;">Lawmakers claim that the bill would </span><a href="https://transportation.house.gov/news/documentsingle.aspx?DocumentID=409495"><span style="font-weight: 400;">strengthen</span></a><span style="font-weight: 400;"> the Highway Trust Fund, which pays for both road maintenance and mass transit investments, by levying a new registration fee on electric vehicles (E.V.) and plug-in hybrids. But Marc Scribner, senior transportation policy analyst at Reason Foundation (the nonprofit that publishes this site), tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that it "won't come close to eliminating the revenue-outlay gap," since the bill fails to rein in the "irresponsible spending" that has </span><a href="https://www.crfb.org/our-work/projects/highway-trust-fund"><span style="font-weight: 400;">doomed</span></a><span style="font-weight: 400;"> the fund to insolvency by 2028. Scribner's assessment seems to be </span><a href="https://www.crfb.org/blogs/proposed-ev-fee-could-raise-30-billion"><span style="font-weight: 400;">shared</span></a><span style="font-weight: 400;"> by the Committee for a Responsible Federal Budget, which finds that although the E.V. fee could raise around $30 billion in the next decade, "the Highway Trust Fund will remain severely out of balance."</span></p>
<p><span style="font-weight: 400;">"This may well be the last federal highway bill," Scribner warns.</span></p>
<p><span style="font-weight: 400;">If it is, then Congress sure isn't making the most of it. Throughout the bill, there are several provisions that have little to do with building smooth roads and sturdy bridges.</span></p>
<p><span style="font-weight: 400;">For instance, in its current form, the BUILD America 250 Act would legally require any public-facing establishment larger than 800 square feet to allow commercial delivery drivers to use its bathroom. If a store's owner had an employee-only policy for their toilet, or were worried about the cleaning costs associated with its use by delivery drivers, or were just plain stingy and particular about who they wanted on their property, they would be out of luck. This might sound like an odd matter for Congress to involve itself in, with the full weight of the law behind it, but Scribner assures </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that, "yes, the bathroom access thing is real." And the exemptions it outlines, he says, are "pretty narrow"—bathroom access would be required as long as it "would not pose an obvious security risk to the&hellip;establishment."</span></p>
<p><span style="font-weight: 400;">Even more astounding, Scribner says, is "the perennial congressional interest in Amtrak food and beverage service." Indeed, the bill would require the comptroller general to conduct a review of Amtrak's snack offerings, including their adherence to the </span><a href="https://cdn.realfood.gov/DGA.pdf"><span style="font-weight: 400;">new Make America Healthy Again (MAHA) dietary guidelines</span></a><span style="font-weight: 400;"> and "the feasibility of providing traditional dining to all passengers" on Amtrak trains. After the comptroller general files her report, Amtrak would be required to review it in an internal committee made up of delegates from the company itself, organized labor, "nonprofit organizations representing Amtrak passengers," and state governments.</span></p>
<p><span style="font-weight: 400;">In an email to </span><i><span style="font-weight: 400;">Reason, </span></i><span style="font-weight: 400;">Ross Marchand, executive director of the Taxpayers Protection Alliance, characterizes the food-and-beverage review as "a complete waste of taxpayer dollars" and thinks "lawmakers should have Amtrak focus less on tinkering with its </span><a href="https://www.amtrak.com/content/dam/projects/dotcom/english/public/documents/menus/national/national-cafe-menu.pdf"><span style="font-weight: 400;">current fresh vegetable crudité offerings</span></a><span style="font-weight: 400;"> and more on its </span><a href="https://www.spartnerships.com/amtrak-infrastructure-backlog-2026-audit/"><span style="font-weight: 400;">$47 billion repair backlog</span></a><span style="font-weight: 400;">."</span></p>
<p><span style="font-weight: 400;">And then there's the yellow paint. Tucked in the bill is a provision that directs the transportation secretary to study the feasibility of buying solely American-made yellow paint for road and highway markings, in line with federal Buy American requirements. With only one factory in the country that makes the right kind of paint for the job, this part of the bill—if passed—would amount to a handout for Sun Chemical and its facility in Muskegon, Michigan. In February, John Nichols, the union president at the plant, </span><a href="https://www.wzzm13.com/article/news/local/bill-could-shift-us-road-paint-to-muskegons-sun-chemical-our-countrys-only-yellow-pigment-plant/69-db9d5201-74bf-4f33-a38b-42a2fdc5f94d"><span style="font-weight: 400;">told</span></a> the<span style="font-weight: 400;"> local ABC affiliate that these Buy American provisions would bring 20 new jobs to the factory.</span></p>
<p><span style="font-weight: 400;">Marchand says that "paint-specific figures are hard to come by, but&hellip;because domestic procurement requirements </span><a href="https://www.piie.com/research/piie-charts/2020/buy-american-and-similar-domestic-purchase-policies-impose-high-costs"><span style="font-weight: 400;">result</span></a><span style="font-weight: 400;"> in a 5.6 percent increase in taxpayer costs, a wider push toward 'Buy American' for pavement marking would put taxpayers on the line for an extra $200 million per year."</span></p>
<p><span style="font-weight: 400;">However, Scribner cautions that mere "studies" like the one in this bill are often an indication that "the supporters of whatever measure&hellip;being studied lost the debate for inclusion." So it may be a while before Congress actually appropriates the money to buy the paint.</span></p>
<p><span style="font-weight: 400;">Given the sorry state of the Highway Trust Fund, one might expect lawmakers to apply serious fiscal discipline or </span><a href="https://reason.org/commentary/devolution-and-the-future-of-federal-transportation-funding/"><span style="font-weight: 400;">try novel ways</span></a><span style="font-weight: 400;"> to fund road and bridge upgrades. Instead, Congress seems intent on maintaining the status quo with another piece of legislation that authorizes wildly reckless spending and threatens more in the future.</span></p>
<p>The post <a href="https://reason.com/2026/05/20/americas-highway-fund-is-running-out-of-money-congress-wants-to-spend-new-funds-on-not-fixing-highways/">America&#039;s Highway Fund Is Running Out of Money. Congress Wants To Spend New Funds on Not Fixing Highways.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				There Was No Delcy Rodríguez in Iran			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/there-was-no-delcy-rodriguez-in-iran/" />
		<id>https://reason.com/?p=8382692</id>
		<updated>2026-05-20T16:37:21Z</updated>
		<published>2026-05-20T15:15:20Z</published>
			<category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Biden Administration" /><category scheme="https://reason.com/latest/" term="Cuba" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Marco Rubio" /><category scheme="https://reason.com/latest/" term="Revolution" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Venezuela" />		<summary type="html"><![CDATA[The Trump administration thought it was repeating the Venezuelan model in Iran—when it was doing something much more ambitious and risky. ]]></summary>
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		<p><span style="font-weight: 400;">The operation to oust Venezuelan President Nicolás Maduro in January was as successful as it could have been. U.S. operatives seized Maduro from his palace without losing a single man, and Venezuelan Vice President Delcy Rodríguez has been completely compliant with U.S. demands since then. Earlier this week, she </span><a href="https://www.dw.com/en/venezuela-deports-maduro-ally-alex-saab-to-us/a-77184876"><span style="font-weight: 400;">handed over</span></a><span style="font-weight: 400;"> former Industry Minister Alex Saab to face trial in the U.S. for financial crimes.</span></p>
<p><span style="font-weight: 400;">U.S. President Donald Trump said publicly that he was expecting the same thing to happen when he attacked Iran alongside Israel, which assassinated Iranian Supreme Leader Ali Khamenei, in February. "What we did in Venezuela, I think, is the perfect, the perfect scenario," Trump </span><a href="https://www.nytimes.com/2026/03/01/us/politics/trump-iran-war-interview.html"><span style="font-weight: 400;">told</span></a><span style="font-weight: 400;"> the </span><i><span style="font-weight: 400;">New York Times</span></i><span style="font-weight: 400;"> a few days into the war. A couple of days after that, he </span><a href="https://www.wsj.com/politics/national-security/trump-regime-change-model-venezuela-iran-cuba-a8807167"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> that he would be involved in picking Iran's new leader, "like with Delcy in Venezuela." An administration official </span><a href="https://www.wsj.com/politics/national-security/trump-regime-change-model-venezuela-iran-cuba-a8807167"><span style="font-weight: 400;">told</span></a><em><span style="font-weight: 400;"> The </span></em><i><span style="font-weight: 400;">Wall Street Journal</span></i><span style="font-weight: 400;"> that the new model for U.S. intervention would be called "decapitate and delegate."</span></p>
<p><span style="font-weight: 400;">Trump did not, in fact, get to choose Iran's new leader. The Iranian government crowned Khamenei's son Mojtaba the new supreme leader, which Trump said he was "</span><a href="https://www.foxnews.com/politics/trump-says-hes-not-happy-irans-choice-new-supreme-leader.amp"><span style="font-weight: 400;">not happy</span></a><span style="font-weight: 400;">" with. The administration had originally hoped that Iran's National Security Council Secretary Ali Larijani could be a "transitional candidate," a source </span><a href="https://x.com/amanpour/status/2033906504760221919?s=46"><span style="font-weight: 400;">told CNN</span></a><span style="font-weight: 400;">, but decided to kill him after he led Iran's retaliation in the war. Later, administration officials told </span><i><span style="font-weight: 400;">Politico</span></i><span style="font-weight: 400;"> that they were "</span><a href="https://www.politico.com/news/2026/03/23/hes-a-hot-option-white-house-eyes-irans-parliament-speaker-as-potential-u-s-backed-leader-00840730"><span style="font-weight: 400;">testing</span></a><span style="font-weight: 400;">" whether Speaker of Parliament Mohammad Bagher Ghalibaf could be the Delcy of Iran.</span></p>
<p><span style="font-weight: 400;">However U.S. officials try to spin it, the Trump administration simply does not control Iran like it controls Venezuela. For nearly three months, the Trump administration has tried using a combination of carrots and sticks to get Iran to accept U.S. demands. On Sunday, the United Arab Emirates </span><a href="https://www.theguardian.com/world/2026/may/17/uae-blames-iran-or-its-proxies-for-drone-strike-fire-near-nuclear-plant"><span style="font-weight: 400;">blamed Iran</span></a><span style="font-weight: 400;"> for a drone attack near an Emirati nuclear power plant. The next day, Trump </span><a href="https://www.bbc.com/news/articles/c7079e55zjro"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> that he was delaying a planned attack on Iran at the request of Arab states, including the Emirates.</span></p>
<p><span style="font-weight: 400;">Why hasn't the Trump administration been able to repeat the Venezuelan model in Iran? In short, it's because Trump didn't actually </span><i><span style="font-weight: 400;">try</span></i><span style="font-weight: 400;"> to "decapitate and delegate" in Iran. Unlike the U.S. operation in Venezuela, which was aimed at the man in charge and left the political regime intact, the U.S. campaign in Iran was a war against the </span><i><span style="font-weight: 400;">entire</span></i><span style="font-weight: 400;"> Islamic Republic. While Trump's specific demands of Iran have </span><a href="https://reason.com/2026/05/02/a-pointless-war/"><span style="font-weight: 400;">shifted around</span></a><span style="font-weight: 400;"> quite a bit, he has consistently asked for a </span><a href="https://www.iranintl.com/en/202605182195"><span style="font-weight: 400;">public, humiliating surrender</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Some observers—from </span><a href="https://www.iranintl.com/en/202601073832"><span style="font-weight: 400;">Mehdi Parpanchi</span></a><span style="font-weight: 400;">, editor of the opposition outlet </span><i><span style="font-weight: 400;">Iran International</span></i><span style="font-weight: 400;">, to <a href="https://x.com/citrinowicz/status/2053586096060010653">Danny Citrinowicz</a>, former head of Iranian affairs for Israeli military intelligence—have tried to claim that a Venezuelan scenario was always impossible in Iran, because the Islamic Republic is too ideologically entrenched. But that ignores important overlaps between the two countries. Maduro also had an </span><a href="https://theworld.org/stories/2026/02/24/a-look-inside-venezuelas-colectivos-as-the-country-faces-an-uncertain-transition"><span style="font-weight: 400;">army of ideological enforcers</span></a><span style="font-weight: 400;">, which Rodríguez now </span><a href="https://amp.miamiherald.com/news/nation-world/world/americas/venezuela/article315655197.html"><span style="font-weight: 400;">has to wrangle</span></a><span style="font-weight: 400;">. And plenty of Iranian insiders were </span><a href="https://www.amazon.com/exec/obidos/ASIN/1503610292/reasonmagazinea-20/"><span style="font-weight: 400;">disillusioned enough</span></a><span style="font-weight: 400;"> with Islamist ideology to </span><a href="https://www.iranintl.com/en/202511078141"><span style="font-weight: 400;">look for an exit</span></a><span style="font-weight: 400;"> or even </span><a href="https://www.aljazeera.com/news/2025/6/23/how-extensive-are-israels-intelligence-operations-inside-iran"><span style="font-weight: 400;">spy for foreign powers</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">The core issue is that Trump attacked the interests of the Iranian state in ways that go </span><i><span style="font-weight: 400;">beyond</span></i><span style="font-weight: 400;"> ideology. His opening message of the war told every Iranian in uniform, from high commanders to cops on the street, that they were a target for "</span><a href="https://truthsocial.com/@realDonaldTrump/posts/116155951478473608"><span style="font-weight: 400;">certain death</span></a><span style="font-weight: 400;">." That message also hinted that the U.S. was going to foment revolution in Iran. A few days into the war, the administration began </span><a href="https://www.kurdishpeace.org/research/society-and-culture/how-to-invent-a-war/"><span style="font-weight: 400;">telling the media</span></a><span style="font-weight: 400;"> about a plan to use Kurdish rebels to get the uprising rolling. </span></p>
<p><span style="font-weight: 400;">The U.S.-Israeli attacks </span><a href="https://www.aljazeera.com/news/2026/3/2/iran-death-toll-reaches-555-as-us-israel-escalate-attacks"><span style="font-weight: 400;">killed</span></a><span style="font-weight: 400;"> hundreds of Iranians, both military and civilians, in the first two days alone. Trump himself </span><a href="https://iranwire.com/en/news/149722-trump-claims-khameneis-potential-successors-killed-in-initial-strikes/"><span style="font-weight: 400;">admitted</span></a><span style="font-weight: 400;"> that some of them were "the people we had in mind" to lead Iran. An Israeli military operation to free former Iranian President Mahmoud Ahmadinejad from captivity </span><a href="https://www.nytimes.com/2026/05/19/us/politics/iran-israel-us-leader-ahmadinejad.html"><span style="font-weight: 400;">nearly killed him</span></a><span style="font-weight: 400;">, too.</span></p>
<p><span style="font-weight: 400;">Although U.S. Secretary of State Marco Rubio </span><a href="https://abc13.com/live-updates/iran-war-today-trump-straight-of-hormuz-us-ceasefire-talks/18979096/entry/18985229/"><span style="font-weight: 400;">blamed</span></a><span style="font-weight: 400;"> Iran's intransigence on the Islamic Revolutionary Guard Corps, the elite branch of the military, Trump's </span><a href="https://www.middleeasteye.net/live-blog/live-blog-update/trump-says-iran-leadership-wiped-out-navy-and-air-force-destroyed"><span style="font-weight: 400;">proudest attacks</span></a><span style="font-weight: 400;"> were on the Iranian air force and navy, part of the regular conscript military that dates back to before the Islamic Revolution.</span></p>
<p><span style="font-weight: 400;">In other words, the entire Iranian elite (and a good chunk of the rank-and-file) had their backs to the wall. The Delcy of Iran was dead before she could even cut a deal. And if they weren't killed by foreign bombs, these leaders might face a firing squad for their role in suppressing the </span><a href="https://reason.com/podcast/2026/02/18/can-irans-protest-movement-topple-the-regime/"><span style="font-weight: 400;">January 2026 uprising</span></a><span style="font-weight: 400;">, which Trump was </span><a href="https://www.theguardian.com/world/2026/jan/13/trump-promises-iran-help-tells-iranians-keep-protesting"><span style="font-weight: 400;">promising to avenge</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">As the war dragged on, the U.S.-Israeli military campaign began to target infrastructure that </span><i><span style="font-weight: 400;">any</span></i><span style="font-weight: 400;"> Iranian government—whether Islamist or secular, dictatorial or democratic—would need to run the country. Bombs destroyed Iranian steel mills, railroads, bridges, and even college campuses as Trump </span><a href="https://reason.com/2026/04/07/trump-is-openly-targeting-innocent-civilians/"><span style="font-weight: 400;">threatened</span></a><span style="font-weight: 400;"> to do the same to the country's electrical infrastructure. It doesn't take a true believer in political Islam to want to deter these attacks from happening again.</span></p>
<p><span style="font-weight: 400;">The Trump administration was right to see Larijani and Ghalibaf as "pragmatists." Larijani reportedly </span><a href="https://iranwire.com/en/news/149469-new-york-times-confirms-iranwires-report-on-larijanis-expanding-power-and-new-responsibilities/"><span style="font-weight: 400;">presented</span></a><span style="font-weight: 400;"> Khamenei with a plan for Chinese-style reforms after violently putting down protests, and Ghalibaf is a ruthless, transactional operator who has </span><a href="https://foreignpolicy.com/2026/03/25/ghalibaf-trump-iran-united-states-peace-negotiations/"><span style="font-weight: 400;">constantly shifted</span></a><span style="font-weight: 400;"> his public image depending on the ideology of the moment. But "pragmatic" doesn't mean "pushover." Precisely </span><i><span style="font-weight: 400;">because</span></i><span style="font-weight: 400;"> these men wanted to save their own skins and preserve their power, they had to play hardball with the United States. The same cost-benefit calculation that led Rodríguez to submit would lead Iran's leaders to resist.</span></p>
<p><span style="font-weight: 400;">Rather than asking why Iran wasn't like Venezuela, the question should be why Trump thought that the scenario </span><i><span style="font-weight: 400;">would</span></i><span style="font-weight: 400;"> turn out that way. For all the contradictory reporting on what Trump's advisers did or didn't tell him, it's important to bear in mind that the Biden administration was </span><a href="https://reason.com/2025/01/03/is-biden-teeing-up-an-iran-war-for-trump/"><span style="font-weight: 400;">also considering</span></a><span style="font-weight: 400;"> an attack on Iran at the end of its term. Iran had been </span><a href="https://www.nbcnews.com/politics/national-security/irans-strategic-blunders-paved-way-humiliating-defeats-experts-say-rcna214584"><span style="font-weight: 400;">shockingly passive</span></a><span style="font-weight: 400;"> while suffering setback after setback in its post–October 2023 conflicts with Israel. Expert warnings about a regional war were proven wrong.</span></p>
<p><span style="font-weight: 400;">And the high of Maduro's overthrow was intoxicating. The success of that operation seemed to show that </span><i><span style="font-weight: 400;">anything</span></i><span style="font-weight: 400;"> was possible, and the January 2026 uprising in Iran presented an opportunity to rack up a streak of wins, caution be damned. Despite setbacks in Iran, the inner circle of foreign policy elites may still be chasing opportunities to repeat the Venezuelan model. Trump administration sources </span><a href="https://www.politico.com/news/magazine/2026/05/18/the-odds-of-trump-attacking-cuba-are-going-up-00926317"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Politico</span></i><span style="font-weight: 400;"> that it is seriously considering a military attack on Cuba, which would present a much weaker target than Iran.</span></p>
<p><span style="font-weight: 400;">"The initial idea on Cuba was that the leadership was weak and that the combination of stepped-up sanctions enforcement, really an oil blockade, and clear U.S. military wins in Venezuela and Iran would scare the Cubans into making a deal," one of the sources said. "Now Iran has gone sideways, and the Cubans are proving much tougher than originally thought. So now military action is on the table in a way that it wasn't before."</span></p>
<p>The post <a href="https://reason.com/2026/05/20/there-was-no-delcy-rodriguez-in-iran/">There Was No Delcy Rodríguez in Iran</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Adani Samat. Photo: U.S. CENTCOM/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump, with background photo of U.S. battleships]]></media:description>
		<media:title><![CDATA[Trump-Iran-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Why Populism Leads to Decline			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/05/20/why-populism-leads-to-decline/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8380563</id>
		<updated>2026-05-20T13:53:25Z</updated>
		<published>2026-05-20T15:00:45Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Protectionism" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Hungary" /><category scheme="https://reason.com/latest/" term="Javier Milei" /><category scheme="https://reason.com/latest/" term="Nativism" /><category scheme="https://reason.com/latest/" term="Populism" /><category scheme="https://reason.com/latest/" term="Tribalism" />		<summary type="html"><![CDATA[Johan Norberg discusses what makes societies prosperous, why protectionism and nostalgia keep returning, and how populism feeds cultural decline.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/05/20/why-populism-leads-to-decline/">
			<![CDATA[<p>Today's guest is <a href="https://x.com/johanknorberg">Johan Norberg</a>, a senior fellow at the <a href="https://www.cato.org/people/johan-norberg">Cato Institute</a> and the author of <em><a href="https://www.amazon.com/exec/obidos/ASIN/1838957294/reasonmagazinea-20/">Peak Human: What We Can Learn From the Rise and Fall of Golden Ages</a></em>.</p>
<p>He talks with <a href="https://reason.com/people/nick-gillespie/">Nick Gillespie</a> about the historical patterns behind flourishing civilizations, from the Roman Republic to modern America. Norberg argues that societies thrive when they remain open to trade, immigration, experimentation, and new ideas, but begin to decay when fear and nostalgia push them toward protectionism, centralization, and tribal politics.</p>
<p>They also discuss the resurgence of populism in the United States and Europe, why tariffs and anti-globalization politics keep returning throughout history, and whether America is becoming more risk-averse and nativist. Norberg explains why he believes optimism and innovation can still win, explores the promise of artificial intelligence, and reflects on whether China is entering a new golden age or repeating the mistakes that led past civilizations into decline.</p>
<p>&nbsp;</p>
<p>0:00—Why open societies thrive</p>
<p>3:07—The Roman Republic</p>
<p>10:05—America as a creedal nation</p>
<p>11:57—The rise of nativism</p>
<p>16:15—The dangers of nostalgia</p>
<p>20:31—What sparks renaissance?</p>
<p>26:40—Are older societies more risk averse?</p>
<p>28:33—Populism and Viktor Orbán's defeat</p>
<p>32:04—Left-wing populism</p>
<p>34:10—Javier Milei</p>
<p>35:42—Tariffs and free trade</p>
<p>40:28—Is China in a golden age?</p>
<p>The post <a href="https://reason.com/podcast/2026/05/20/why-populism-leads-to-decline/">Why Populism Leads to Decline</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8380563.mp3" rel="enclosure" length="72045020" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Johan Norberg appears on the left, facing Nick Gillespie who appears on the right. Behind them is an image of President Donald Trump at a political rally. The words "The point is to unleash executive power" appear across the bottom in bold.]]></media:description>
		<media:title><![CDATA[TRI-Johan-5-15-B-topaz]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Data Centers Use Less Water Than Almond Farms—and Do More Good			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/data-centers-use-less-water-than-almond-farms-and-do-more-good/" />
		<id>https://reason.com/?p=8382566</id>
		<updated>2026-05-20T16:55:33Z</updated>
		<published>2026-05-20T13:45:21Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Science" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Utah Data Center" />		<summary type="html"><![CDATA[Left and right, the arguments against data centers are incredibly weak—and even suspicious.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/data-centers-use-less-water-than-almond-farms-and-do-more-good/">
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										alt="A line graph showing almonds consume far more water than data centers | JoshEakle/substack"
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		<p>Opposition to data centers is all the rage among populists of all stripes. On the left, Sen. Bernie Sanders (I–Vt.) has proposed a national moratorium on new data center construction; on the right, Tucker Carlson <a href="https://www.youtube.com/watch?v=xTAJnJUos3g">describes them</a> as "dystopian" and "devouring American energy and jobs." In recent days, X has become flooded with images of pristine American forests, plains, beaches, and lakes alongside captions warning that <em>no data center is worth losing this</em>. (The images are often AI-generated, and <a href="https://x.com/MAVERIC68078049/status/2056020877708538025">many of the accounts sharing them are foreign</a>.)</p>
<p>Data center panic is fueled by concerns about electricity and water usage. Many Americans <a href="https://x.com/pewresearch/status/2056449388281536910">wrongly believe</a> that data centers are driving up their electric bill, even though evidence suggests the exact opposite: Data centers may actually <em><a href="https://x.com/nic_carter/status/2056357779200258257">decrease</a> </em>electricity costs for their neighbors. Water use fears are even more unreasonable. Data centers don't actually use all that much water.</p>
<p>For example, a chart comparing data centers' water requirements to almond farms helps put things in perspective.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Over at Substack, <a href="https://twitter.com/JoshEakle?ref_src=twsrc%5Etfw">@JoshEakle</a> asks: &quot;It&#39;s 2026, and I have yet to see an anti-almond farm protest.&quot; <a href="https://t.co/UZwP7KgPCY">pic.twitter.com/UZwP7KgPCY</a></p>
<p>&mdash; Nick Gillespie (@nickgillespie) <a href="https://twitter.com/nickgillespie/status/2056699342715601078?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>California's almond farms consume 4.2 billion gallons of waters per day, <a href="https://reason.com/2026/03/07/the-joys-of-data-centers/">according to <em>Reason'</em>s Christian Britschgi</a>. Data centers consume just 46 million gallons per day. Those numbers will certainly rise over time, but compared to all the other things that use water—golf courses account for 1.4 billion gallons per day—it's just a drop in the bucket.</p>
<p>Unfortunately, many foes of data centers do not find this comparison very compelling. Speaking for the opposition, <em>The Federalist</em>'s Sean Davis <a href="https://x.com/seanmdav/status/2056746676480627125">points out</a> that almonds are, you know, <em>food</em>. People eat almonds. They can't eat data. Thus, almond farms are a good use of water and data centers are not.</p>
<p>Carlson made a similar argument during his debate with Kevin O'Leary, in which he took it as a knock against data centers that they wouldn't provide as many jobs as the city of Manhattan despite <a href="https://x.com/BrentScher/status/2054752846940172560">taking up more space and using about as much power</a>.</p>
<p>It's a problem for data center advocates, I suppose, that the good being produced is not as obvious as a job or an almond. But you have to be pretty dense not to realize that the data centers make possible a huge amount of economically beneficial activity. Storing massive amounts of data is a necessary precondition for the modern economy. It will be used to power and train AI models that will improve everyone's lives. AI is already making medical diagnoses more accurate and reducing car crash fatalities via driverless vehicles. AI can swiftly navigate legal, regulatory, and licensing issues, making it easier to start a business or buy a home. As a research tool, it can cut down on time spent learning about a complicated issue.</p>
<p>Reducing the time it takes to complete an annoying (or dangerous) task is a huge benefit that allows people to spend their time—the ultimate finite resource—more effectively, if only for leisure. If this doesn't seem obviously beneficial, then consider where we would be without search engines at all. Not so long ago, people had to trek to the library and consult an encyclopedia when they wanted information. They had to obtain physical copies of relevant documents: books, newspapers, etc. Being able to summon these things instantly—electronically—has inarguably led to huge gains: There are countless jobs that simply would not exist without it (including internet commentator).</p>
<p>The United States' economic future is inexorably tied to the tech sector. Gains from AI are vital to the country's stability. In that sense, it's not very surprising to discover that some of the arguments against AI are being made in coordination with the Chinese government. According to the Bitcoin Policy Institute, the Chinese Communist Party has <a href="https://www.btcpolicy.org/articles/foreign-influence-in-the-campaign-against-american-ai">indirectly encouraged</a> a pause or slowing of AI developments<em> in the U.S.—</em>but not in China. That's one reason Sen. John Fetterman (D–Pa.), <a href="https://www.youtube.com/watch?v=ZMiKkhrGmWI">a self-described "pro-capitalist Democrat,"</a> called Sanders' data center moratorium proposal "China first."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The emerging chassis of AI must be built by America.</p>
<p>We can put appropriate guardrails in place without handing the win on AI to China.</p>
<p>A moratorium is China First. <a href="https://t.co/NfZnzxMxBY">pic.twitter.com/NfZnzxMxBY</a></p>
<p>&mdash; U.S. Senator John Fetterman (@SenFettermanPA) <a href="https://twitter.com/SenFettermanPA/status/2036815989556265200?ref_src=twsrc%5Etfw">March 25, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>In any case, you can't eat an oil rig, a suspension bridge, or a satellite. Yet it should be obvious that these are no less useful—even factoring in land, energy, and water use—than almonds, even if the benefits are <em>slightly</em> less straightforward. This is plainly true for data centers as well, and anyone arguing otherwise deserves suspicious looks.</p>
<p>The post <a href="https://reason.com/2026/05/20/data-centers-use-less-water-than-almond-farms-and-do-more-good/">Data Centers Use Less Water Than Almond Farms—and Do More Good</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[JoshEakle/substack]]></media:credit>
		<media:description type="html"><![CDATA[A line graph showing almonds consume far more water than data centers]]></media:description>
		<media:title><![CDATA[Almond-Data-Centers-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				End of an Era			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/end-of-an-era/" />
		<id>https://reason.com/?p=8382525</id>
		<updated>2026-05-20T13:24:43Z</updated>
		<published>2026-05-20T13:30:58Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Kentucky" /><category scheme="https://reason.com/latest/" term="MAGA" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Plus: Makeup company better than the MTA, phones and the birthrate, Ebola spreads, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/end-of-an-era/">
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										alt="Rep. Thomas Massie | Andrew Thomas - CNP / MEGA / Newscom/RSSIL/Newscom"
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		<p><strong>Massie's out: </strong>Yesterday, voters in Kentucky made their choice. Ed Gallrein, who is backed by President Donald Trump, defeated longtime representative Thomas Massie, who always skewed pretty darn libertarian. Unfortunately, it was nowhere near a close call; Gallrein won by a <a href="https://apnews.com/projects/elections-2026/kentucky-primary-results-us-house/#4">huge margin</a>. The age breakdown is fascinating:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="de" dir="ltr">KY-04 GOP Primary: Results by Age Group</p>
<p><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f7e3.png" alt="🟣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 17-25: Massie +25<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f7e3.png" alt="🟣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 26-35: Massie +56<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f7e3.png" alt="🟣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 36-45: Massie +38<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f7e3.png" alt="🟣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 46-55: Massie +17<br />——<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f534.png" alt="🔴" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 56-65: Gallrein +18<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f534.png" alt="🔴" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 66-75: Gallrein +35<br /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f534.png" alt="🔴" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Age 76+: Gallrein +33<a href="https://twitter.com/QuantusInsights?ref_src=twsrc%5Etfw">@QuantusInsights</a> | 5/11-12 | 908 LV <a href="https://t.co/H7juBRgxXr">https://t.co/H7juBRgxXr</a> <a href="https://t.co/pjcRguiF4a">pic.twitter.com/pjcRguiF4a</a></p>
<p>&mdash; InteractivePolls (@IAPolls2022) <a href="https://twitter.com/IAPolls2022/status/2054577632256078044?ref_src=twsrc%5Etfw">May 13, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>Tons of money—$32 million, to be specific—was poured into this race by Trump and allies to get Massie out; he had earned Trump's ire by challenging the president on COVID relief bills, inflated spending, his relationship to Jeffrey Epstein (and lack of transparent disclosures), and his penchant this term for foreign adventurism.</p>

<p>"In various ratings systems maintained by groups such as <a href="https://heritageaction.com/scorecard/members/M001184/117" data-mrf-link="https://heritageaction.com/scorecard/members/M001184/117">Heritage Action</a> and <a href="https://libertyscore.conservativereview.com/thomas-massie" data-mrf-link="https://libertyscore.conservativereview.com/thomas-massie">Conservative Review</a>, Massie has always been an exemplary congressman. Once, that would have meant something," <a href="https://reason.com/2026/05/19/thomas-massie-loses-proving-that-deficit-hawks-and-foreign-policy-doves-arent-welcome-in-trumps-gop/">writes</a> <em>Reason</em>'s Eric Boehm. "When Massie was first elected to Congress in 2012, the Tea Party era was in full swing, and Republicans were expected to pass those purity tests or be cast out. Now, being liked by Trump is the only test that matters. Gallrein passed it."</p>
<p>Case in point: Rep. Lauren Boebert (R–Colo.), who campaigned for Massie this go-around, has earned Trump's ire for her perceived lack of fealty to him. "Boebert is campaigning for the Worst 'Republican' Congressman in the History of our Country, Thomas Massie, of the Great Commonwealth of Kentucky, and anybody who can be that dumb deserves a good Primary fight!" <a href="https://truthsocial.com/@realDonaldTrump/posts/116586609402311469" data-mrf-link="https://truthsocial.com/@realDonaldTrump/posts/116586609402311469">wrote</a> Trump on Truth Social. "Even though I long ago endorsed Boebert, if the right person came along, it would be my Honor to withdraw that Endorsement, and endorse a good and proper alternative."</p>
<p>It's not really clear what Gallrein is offering voters; this race has been rather light on how the people of Kentucky will be helped and rather heavy on who is (or is not) loyal to the president. It's a far cry from the Tea Party era Massie came up in, focused on cutting taxes, reining in the debt, and returning to more limited-government principles that have since fallen out of fashion. I'm now old enough to remember when minimizing the size and scope of the government was something Republicans in Congress cared about, instead of promoting feckless one-man rule.</p>
<p>But there's still <em>something </em>there, some relic of Tea Party DNA that animates maybe not a majority of GOP voters, but a chunk: "For the Republicans with an ideological identity, Thomas Massie is kind of their id," <a href="https://www.ms.now/news/thomas-massie-profile">writes</a> Matt Fuller for <em>MS Now. "</em>You want to talk about the national debt? Massie is just about the last Republican in Congress who takes that issue seriously. You want to preserve individual freedoms? Massie is the one annoyingly pointing out that your government surveillance bill would allow the National Security Agency to collect reams of data about your telephone calls. And, in the case of Epstein, you want to expose sex traffickers? Massie led the charge on the GOP side to release the files. He hasn't actually run away from Trump. In many ways, Massie is doing something more damaging: He's pointing out how Trump and Republicans are undermining Trumpism, how they're betraying their own voters, how Trump's governing prose is very different—sometimes antithetical—to his campaign poetry."</p>
<p>Check out this interview Zach Weissmueller and I did with Massie a few years back:</p>
<p><iframe loading="lazy" title="Why not vote &#039;no&#039;? | Thomas Massie | Just Asking Questions - Ep. 2" width="500" height="281" src="https://www.youtube.com/embed/n6rxC0JcFPA?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>End of an era.</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>When a makeup company can do a better job than the Metropolitan Transportation Authority can:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">why is a skincare brand fixing my biggest frustration with NYC transit <a href="https://t.co/rrEie1Srct">https://t.co/rrEie1Srct</a></p>
<p>&mdash; kasey (@kaseyklimes) <a href="https://twitter.com/kaseyklimes/status/2056848537321668694?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>Related dynamic:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">This is Central Park. Which was in such decay due to the City&#39;s horrible mismanagement that a non-profit took it over the 80s &amp; the wealthy folks on the board did such an amazing job cleaning it up, that Low IQ posters like this enjoy it, without even understanding who to thank <a href="https://t.co/f2Nn4aoDib">https://t.co/f2Nn4aoDib</a></p>
<p>&mdash; Sean Fitzgerald (Actual Justice Warrior) (@IamSean90) <a href="https://twitter.com/IamSean90/status/2056578463734038873?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"There are basically three main elements of long-run fertility change," <a href="https://lymanstone.substack.com/p/the-fake-long-decline-of-fertility">writes</a> Lyman Stone as a means of pushing back on <a href="https://marginalrevolution.com/marginalrevolution/2026/05/why-i-am-skeptical-on-the-relationship-between-smart-phones-and-fertility.html">Tyler Cowen</a>, who is skeptical that smartphones are a driving cause of birthrate decline in the West (<a href="https://reason.com/2026/05/18/the-smartphone-theory-of-birth-rate-decline-doesnt-hold-up/">also covered</a> by <em>Reason</em>'s Elizabeth Nolan Brown in her wonderful newsletter). "This is not to say that other things <em>don't </em>matter, but we can conceptualize fertility change in three components and, when we adopt that conceptualization, my own experience has been that new information is very easy to incorporate with minimal creativity or rationalization. The three big factors are: Selection pressure via mortality and replacement; Recurrent emergence of cultural valuation of selfishness; Changing cost of fertility and <em>especially </em>intergenerational wealth transfer dynamics." Stone continues: "A demographer in 1700 would probably not have talked about mortality <em>per se </em>as a fertility regulator since low-mortality societies had simply never existed. What will be a big obvious factor the future sees that our historic models miss? To me, the answer is clearly related to the fact that young people are spending way less time socializing independently&hellip;.Basically <em>everything people do together </em>is in decline. 'Bowling alone' but on steroids. What force would simultaneously cause <em>all social life in person </em>to decline?"</li>
<li>How <a href="https://www.bloomberg.com/news/features/2026-05-19/spacex-s-ipo-to-mint-millionaires-in-poor-texas-border-town-mpcu3z7z?srnd=homepage-americas">Brownsville, Texas</a>, has changed since SpaceX moved in</li>
<li>LFG:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">instead of hostile architecture nyc should install public bloomberg terminals. let crazy guy generate shareholder value</p>
<p>&mdash; Elena Nisonoff (@elenanisonoff) <a href="https://twitter.com/elenanisonoff/status/2056878451655622880?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>"Global health officials warned on Tuesday that the number of people infected in an <a class="css-yywogo" style="background-color: #ffffff;" title="" href="https://www.nytimes.com/2026/05/17/world/africa/what-to-know-ebola-africa.html">Ebola outbreak</a> in central Africa could be much higher than reported and that the outbreak could last for months," <a href="https://www.nytimes.com/2026/05/19/world/africa/ebola-outbreak-deaths-congo-who.html">reports</a> <em>The New York Times. </em>The outbreak is centered in the eastern Democratic Republic of the Congo (a place I've actually spent a bit of time, by nature of my youngest siblings being adopted from there), and the likely death toll stands at 130 people. Horrible.</li>
<li>I think the corrosive thing is that it feels like we're less in control of our own destinies in a lot of ways, despite having an explosion of options:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">In general I think there&#39;s something fairly corrosive about living in a world where all material goods are extremely cheap compared to housing and healthcare, because it feels completely futile to be frugal on the small stuff. <a href="https://t.co/3RFAeGTF5o">https://t.co/3RFAeGTF5o</a></p>
<p>&mdash; Kelsey Piper (@KelseyTuoc) <a href="https://twitter.com/KelseyTuoc/status/2056777487611519193?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/20/end-of-an-era/">End of an Era</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Andrew Thomas - CNP / MEGA / Newscom/RSSIL/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Rep. Thomas Massie]]></media:description>
		<media:title><![CDATA[Massie-5-20]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Massie-5-20-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Plaintiff Was Enticed by an Attractive, Busty Jewess, and Wet His Mouth with a Drink of Partially Unknown Provenance"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/plaintiff-was-enticed-by-an-attractive-busty-jewess-and-wet-his-mouth-with-a-drink-of-partially-unknown-provenance/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382677</id>
		<updated>2026-05-21T00:21:16Z</updated>
		<published>2026-05-20T12:33:34Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Anti-Semitism" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA["Plaintiff suspects he was poisoned by Jews."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/plaintiff-was-enticed-by-an-attractive-busty-jewess-and-wet-his-mouth-with-a-drink-of-partially-unknown-provenance/">
			<![CDATA[<p><img decoding="async" class="size-full wp-image-8382678 aligncenter" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/AttractiveBustyJewess.jpg" alt="" width="614" height="180" srcset="https://reason.com/wp-content/uploads/2026/05/AttractiveBustyJewess.jpg 614w, https://reason.com/wp-content/uploads/2026/05/AttractiveBustyJewess-300x88.jpg 300w" sizes="(max-width: 614px) 100vw, 614px" /></p> <p>That's from plaintiff's follow-up arguments for pseudonymity filed Saturday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.paed.653193/gov.uscourts.paed.653193.10.1.pdf"><em>Doe v. Trustees of Univ. of Pa.</em></a> (E.D. Pa.). Judging by the address listed in the filings, as well as the rhetoric (e.g., "The Jews are a racial supremacist organization whose stated goal is to exterminate and enslave all non-Jews"), this seems to be the same John Doe who was denied pseudonymity in a case I wrote about in February, see <a href="https://reason.com/volokh/2026/02/17/no-pseudonymity-for-man-suing-harvard-alleging-jews-aim-to-exterminate-or-enslave-all-non-jews/">No Pseudonymity for Man Suing Harvard Alleging Jews Aim "to Exterminate or Enslave All Non-Jews"</a>.</p> <p>I expect the same ruling on pseudonymity in this case as in that one (despite the addition of the busty Jewess, who did not seem present in that case); to quote Judge Allison Burroughs' decision in that case, <a href="https://www.courtlistener.com/docket/72211349/doe-v-president-and-fellows-of-harvard-college-harvard-corporation/#entry-7"><em>Doe v. President &amp; Fellows of Harvard College</em></a>:</p> <blockquote><p>While it is within the Court's discretion to allow a party to proceed under a pseudonym, "[a]s a general rule, the presumption is that all judicial proceedings remain open to the public." "The presumption against pseudonymous litigation gives way only in 'exceptional cases.'" The analysis is as follows: "1) there is a presumption in favor of disclosure; 2) a party may rebut the presumption by showing that a need for confidentiality exists; 3) the court must balance the need for confidentiality against the public interest in disclosure." Alleged risks of harm that are speculative in nature, generalized, or without corroboration do not justify anonymity.</p> <p>Having considered Plaintiff's Motion, the Court finds that Plaintiff has not rebutted the presumption in favor of disclosure. Plaintiff states that the litigation involves sensitive personal information regarding Plaintiff's ethnic heritage and academic records, and Plaintiff's identification would risk causing Plaintiff "unusually severe" professional, financial, and physical harm. The alleged risks that Plaintiff sets forth in his motion are without corroboration and do not rise above a level of mere speculation. Further, lawsuits often "implicate substantial amounts of private information," and if warranted going forward, the Court may employ tools such as redacting or sealing documents to manage privacy concerns that arise during the litigation. In light of the foregoing, Plaintiff's Motion, is DENIED.</p></blockquote> <p><span id="more-8382677"></span></p> <p>To be precise, it does seem likely that being publicly known to have made such arguments may cause "professional" and "financial" "harm." But many plaintiffs face the risk of professional and financial harm from their lawsuits.</p> <p>Consider, for instance, employment law plaintiffs who might reasonably worry that future employers won't want to hire them if they're identified as litigious employees. Or consider plaintiffs who think they were fired based on race, sex, etc., but worry that the defendants will argue that they were instead fired because they acted incompetently or unethically. Or consider libel plaintiffs who worry that public filing will just further amplify the allegations over which they're suing.</p> <p>Courts generally conclude that such risks are a normal feature of our open system of civil justice, and can't themselves justify pseudonymity. (See pp. 1457-60 of <em><a href="http://www.law.ucla.edu/volokh/pseudonym.pdf">The Law of Pseudonymous Litigation</a> </em>for citations to many such cases.) That is likewise so, I think, for this particular would-be Doe's cases. There's a motion for <a href="https://storage.courtlistener.com/recap/gov.uscourts.mad.295137/gov.uscourts.mad.295137.10.0.pdf">reconsideration</a> of the Harvard no-pseudonymity decision pending, but I don't expect Judge Burroughs to change her mind, and I don't expect Doe to prevail in this new case, either (or on his motion for pseudonymity in <a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.1019506/gov.uscourts.cacd.1019506.2.0.pdf"><em>Doe v. Regents of Univ. of Cal.</em></a>).</p> <p>UPDATE 5/20/2026, 8:15 pm: The prediction as to Judge Burroughs' staying the course as to her <em>Doe v. Harvard </em>ruling proved true; from today's <a href="https://www.courtlistener.com/docket/72211349/doe-v-president-and-fellows-of-harvard-college-harvard-corporation/?order_by=desc#entry-23">order</a> denying Doe's motion for reconsideration:</p> <blockquote><p>The Court reiterates that the use of a pseudonym is allowed in exceptional cases where the party has a "reasonable fear that he will suffer severe harm." Doe v. Mass. Inst. of Tech., 46 F.4th 61, 67, 73 (1st Cir. 2022). This requires more than apprehension or speculation. See Liu v. Zwicker &amp; Assocs., P.C., 25-cv-13820, 2026 WL 524163 (D. Mass. Feb. 25, 2026) (denying motion to proceed under a pseudonym in part because alleged harm was speculative); Doe v. Intel Corp., 786 F. Supp. 3d 576, 582 (S.D.N.Y. 2024) ("[C]ourts have rejected claims of harm where they are insufficiently 'particularized,' provided 'without corroboration,' or 'generalized' and 'conclusory.'" (quoting Doe v. Combs, No. 23-cv-10628, 2024 WL 863705, at *4 (S.D.N.Y. Feb. 29, 2024))).</p> <p>Further, there is a strong public interest in transparent judicial proceedings. Id. at 67 ("letting a party hide behind a pseudonym dims the public's perception of the matter and frustrates its oversight of judicial performance"). Plaintiff "cannot use his privacy interests as a shelter from which he can safely hurl [] accusations without subjecting himself to public scrutiny, even if that public scrutiny includes scorn and criticism." Doe v. Indiana Black Expo, Inc., 923 F. Supp. 137, 142 (S.D. Ind. 1996).</p> <p>As further explained in the Court's February 2, 2026 order, [ECF No. 7], Plaintiff has not rebutted the presumption against proceeding under a pseudonym, and his motion for reconsideration is DENIED.</p> <p>Plaintiff also requests a stay of his disclosure requirements pending interlocutory appeal of the Court's denial of his motion to proceed under a pseudonym. [ECF No. 10]. "In determining whether to grant a stay, courts consider: (1) [W]hether the stay applicant has made a strong showing that [it] is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Does 1-3 v. Mills, 39 F.4th 20, 24 (1st Cir. 2022). The first two factors are most important. Id. Plaintiff has made essentially no showing, certainly not a strong showing, that he will succeed on the merits, and he has provided no credible, non-speculative argument that he will be irreparably injured absent a stay. Defendants have taken no stance as to whether a stay would cause them injury, and the Court presumes that it would not.</p> <p>Finally, as explained above, the public has a strong interest in transparency, weighing against Plaintiff's request for a stay. See id. ("[T]he people have a right to know who is using their courts.") (quoting Doe v. Blue Cross &amp; Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997)). Accordingly, Plaintiff's request for a stay is DENIED. Plaintiff is directed to file a notice of his legal name and address no later than June 2, 2026.(CAM) (Entered: 05/20/2026)</p></blockquote> <p>We may therefore learn who that masked man is, unless he chooses to drop his cases instead. On the other hand, regrettably, the identity of the "attractive, busty Jewess" may well remain a mystery &hellip;.</p><p>The post <a href="https://reason.com/volokh/2026/05/20/plaintiff-was-enticed-by-an-attractive-busty-jewess-and-wet-his-mouth-with-a-drink-of-partially-unknown-provenance/">&quot;Plaintiff Was Enticed by an Attractive, Busty Jewess, and Wet His Mouth with a Drink of Partially Unknown Provenance&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Imposing Imposter Syndrome			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/imposing-imposter-syndrome/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382118</id>
		<updated>2026-05-17T04:36:44Z</updated>
		<published>2026-05-20T12:30:56Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[DEI creates, and exacerbates, the very problem DEI is designed to eradicate.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/imposing-imposter-syndrome/">
			<![CDATA[<p>I often hear people describing "imposter syndrome." At a high level, imposter syndrome is a self-doubt that you are able to accomplish the role you have been chosen for. I think virtually everyone has self doubts about their own abilities. Indeed, it should happen to all of us. Under the so-called <a href="https://en.wikipedia.org/wiki/Peter_principle">Peter Principle</a>, employees are promoted based on their success until they reach a level at which they can no longer be successful. This principle afflicts almost all lawyers, professors (present company included), and judges.</p>
<p>Imposter syndrome takes on a different meaning in the DEI context: a non-white person feels like they do not belong in a predominantly white environment. In other words, they have to act as an imposter in that space. A primary goal of DEI is to reduce imposter system, and make everyone feel welcome and included (that is the "inclusion" in DEI). But in many regards, DEI creates, and exacerbates the very problem of imposter syndrome.</p>
<p>First, imposter syndrome may often be a byproduct of mismatch theory. If a person is admitted to a university, or promoted to a higher position, based on their race, and has objectively lower credentials, that person very well may feel the doubt of imposter syndrome. It may objectively be true that a person admitted through racial preferences does not belong, but for the misguided intentions of social architects. Justice Thomas has written eloquently about how his degree from Yale was worthless because of the perception that affirmative action created. And Thomas has likely explained that would-be beneficiaries of affirmative action would not suffer from affirmative action at an institution where they are matched.</p>
<p>Second, DEI attempts to mitigate imposter syndrome by establishing racial "affinity" groups within organizations. Many workplaces held retreats and offer other mentoring events solely for people based on their race. Universities had separate graduation ceremonies for black and hispanic students. Some colleges even arranged separate housing for minority students. Again, these are efforts intended to make people feel more included and less like an imposter. But in reality, these groups serve to balkanize people based on the very barriers that led to the imposter syndrome in the first place. Moreover, these groups raise doubts among those outside the affinity groups about how inclusive the organization actually is.</p>
<p>Third, speaking of people outside the affinity groups, DEI mandates cultural re-education to eliminate these doubts. Separate graduation ceremonies and racial housing are described as the most normal thing possible, and opposition to them is anti-anti-racist. People are taught to believe, simultaneously, that everyone is welcome but programs are needed to provide a greater welcome to certain people. To paraphrase George Orwell, all workers are equal, but some workers are more equal than others.</p>
<p>At some point, I hope there is a true and complete reckoning about the harms caused by DEI. We have come so far from the days of intentional racial discrimination that an entire industry was concocted to make people feel racial resentment. First, there was a shift from disparate treatment (actual discrimination) to disparate impact (well, there's no actual discrimination, but let's make up some statistics). Second, there was the concept of political correctness ("PC"), where even if you were not being racist, you still could not talk about certain topics that would offend people. Third, there was the concept of microagressions--racism so subtle that you need a microscope to even see it. Fourth, there was implicit bias--people needed to take a completely debunked test to identify non-existent latent racism in their subconscious. Imposter syndrome is in keeping with all of these tests. The Supreme Court's decision in <em>Callais</em> was a long-time coming, and a reflection of how far we've come as a society: actual racial discrimination violates the Constitution, but all of these other attempts to find <a href="https://reason.com/volokh/2025/12/04/razzle-dazzle-racism/">"razzle dazzle" racism</a> should be discarded.</p>
<p>My advice to young law students and lawyers facing these sorts of self-doubts that you do not belong or lack the ability to succeed? Do what I did: fake it till you make it. Figure out what the successful people in your field do and do that, or even better, do more than that. And if you suffer defeat (we all do), don't wallow in it. Don't hang onto that defeat. Don't blame other people for your defeat. Don't blame society for your defeat. Don't latch onto abstractions like imposter syndrome or white privilege. Figure out how others have overcome that sort of setback, and do that, or even better, do more than that.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/20/imposing-imposter-syndrome/">Imposing Imposter Syndrome</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Use This One Weird Trick to Keep Your Name Out of an Upcoming Sexual Assault Lawsuit Against You			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/use-this-one-weird-trick-to-keep-your-name-out-of-an-upcoming-sexual-assault-lawsuit-against-you/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382130</id>
		<updated>2026-05-17T20:15:29Z</updated>
		<published>2026-05-20T12:01:04Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[Or at least try: A court considered it, but ultimately said no.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/use-this-one-weird-trick-to-keep-your-name-out-of-an-upcoming-sexual-assault-lawsuit-against-you/">
			<![CDATA[<p>Here's the story, somewhat simplified, from a case now labeled <a href="https://www.courtlistener.com/docket/72337788/breskin-v-blattberg/"><em>Breskin v. Blattberg </em></a>(D. Mass.) (I had filed an <a href="https://urldefense.com/v3/__https:/storage.courtlistener.com/recap/gov.uscourts.mad.296689/gov.uscourts.mad.296689.39.1.pdf__;!!G92We9drHetJ8EofZw!evXT-OgpGErG20rYCKHI0t478TL_mL_tTnnseza-p9Xbx0mvxSQ6zLuT-CegDFGfRQ5HXtT4scguW7TbdBbaHscof23ILnw$">amicus brief</a> opposing pseudonymity, as part of my general opposition to pseudonymity in defamation cases, see, e.g., <em><a href="https://urldefense.com/v3/__https:/scholar.google.com/scholar_case?case=9304357779729786584__;!!G92We9drHetJ8EofZw!evXT-OgpGErG20rYCKHI0t478TL_mL_tTnnseza-p9Xbx0mvxSQ6zLuT-CegDFGfRQ5HXtT4scguW7TbdBbaHscoIaO2EBM$">Roe v. Smith</a></em>):</p>
<ol>
<li><strong>Son v. mother federal lawsuit threatened: </strong>Blattberg accuses his mother, Breskin (a psychologist), of having sexually abused him 30 years ago, when he was 4 to 7 years old. The son claims he "did not remember the abuse until 2024." The son's lawyer sends a demand letter to the mother, threatening to sue, with a draft Complaint attached. They apparently agree that the son's lawsuit won't be filed until the end of February. (Again, remember that these are just the son's claims; nothing has been proved.)</li>
</ol>
<ol start="2">
<li><strong>Mother v. son state lawsuit filed first, pseudonymously, and under seal: </strong>In late February, the mother gets to the courthouse first, by suing the son in Massachusetts state court for defamation over his sexual assault allegations, which the mother says the son had made to third parties (including her mother and other relatives). She claims the son is trying to extort her, and has long "suffered from serious and severe mental illness." The case is filed as <em>Doe v. Doe</em>. The same day, the mother asks that the Complaint be sealed (impounded, in Massachusetts terminology), and the Massachusetts court agrees immediately:</li>
</ol>
<blockquote><p>After review, the court treats the current motion as an ex parte motion to impound under MA R Impound P Rule 3. The court finds that immediate and irreparable injury may result if the motion is not allowed. See MA R Impound P Rule 3(a). Nevertheless, under the Rule, an interested party must have an opportunity to be heard in opposition within ten days of this order. MA R Impound P Rule 3(a).</p></blockquote>
<ol start="3">
<li><strong>Son v. mother federal lawsuit filed, mother v. son removed to federal court: </strong>The next day after the mother sues, the son sues the mother in federal court (there's apparently diversity jurisdiction), using the caption <em>Blattberg v. Breskin</em>. The day after, he removes the mother's <em>Doe v. Doe </em>case to federal court, as he's entitled to do because he and his mother are citizens of different states.</li>
</ol>
<ol start="4">
<li><strong>Mother's motion to dismiss and seal son v. mother lawsuit, and to proceed pseudonymously on the strength of the pseudonymous mother v. son lawsuit: </strong>Four days after the son sues, the mother <a href="https://storage.courtlistener.com/recap/gov.uscourts.mad.296689/gov.uscourts.mad.296689.4.0.pdf">moves to dismiss</a> the son's federal case, on the grounds that she "previously filed a prior pending action against the Plaintiff arising from the same alleged facts and causes of action." She also moves to seal the son's federal case, and seeks a protective order "against any additional disclosure of the parties' identities." Judge Richard Stearns (D. Mass.) shows at least temporary openness to this; he declines to dismiss the case, but consolidates the mother's and son's now-federal cases, and <a href="https://www.courtlistener.com/docket/72337788/breskin-v-blattberg/#entry-14">rules</a>,</li>
</ol>
<p><span id="more-8382130"></span></p>
<blockquote><p>[I]n light of the Impoundment Order issued in the previously filed state-court action involving the same parties which has been removed here and is now pending before Magistrate Judge Donald Cabell, this court will provisionally seal the Complaint and this motion. The court will revisit the issue in sixty days when the procedural posture of these cases will be sorted out.</p></blockquote>
<ol start="5">
<li><strong>Denial of pseudonymity for the consolidated lawsuit: </strong>Finally, a week ago, Judge Stearns' <a href="https://www.courtlistener.com/docket/72337788/breskin-v-blattberg/#entry-45">denies</a> pseudonymity and largely unseals the case (except for one affidavit), which is now called <em>Breskin v. Blattberg </em>(and will contain, consolidated, both the mother's defamation claims and son's sexual assault now-counterclaims):</li>
</ol>
<blockquote><p>Although there is a strong presumption against litigants proceeding anonymously, the First Circuit has identified four general categories of cases in which party anonymity may nonetheless be warranted:(1) cases in which disclosure of the would-be Doe's identity would "cause him unusually severe harm"; (2) "cases in which identifying the would-be Doe would harm 'innocent non-parties'"; (3) "cases in which anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated"; and (4) "suits that are bound up with a prior proceeding made confidential by law." Doe v. Town of Lisbon, 78 F.4th 38, 46 (1st Cir. 2023), quoting Doe v. Massachusetts Inst. of Tech., 46 F.4th 61, 71 (1st Cir. 2022). Plaintiff contends that she satisfies each paradigm.</p>
<p>The court does not agree. As to the first paradigm, she has not shown that her distress, although no doubt severe, is unusually so for a defamation plaintiff.</p>
<p>As to the second paradigm, the court does not see how allegations against plaintiff would make plaintiff's mother more vulnerable or impact former clients with whom the treatment relationship has ceased. [The mother had argued that the son's "allegations will likely have a rippling and destructive effect on innocent third parties such as [the mother's] former patients and current community of bereavement group members, none of whom are parties to this litigation, and all of whom may well question her and their relationship with her in the face of such public and scandalous lies. Encountering allegations like those made by [the son] will imperil the trust, stability, and well-being of the many people who have in the past counted on [the mother's] professional advice and counsel" -EV]</p>
<p>As to the third paradigm, the court does not credit the suggestion that publicizing plaintiff's name will have a chilling effect on future defamation plaintiffs. Because the point of a defamation suit is to prove the falsity of allegations like those made by defendant here, similarly situated defendants will still be motivated to pursue litigation.</p>
<p>Finally, as to the fourth paradigm, plaintiff does not sufficiently identify which "prior proceeding" upon which she relies. If she intended it to be the state court action consolidated with this action, that proceeding is ongoing, not prior. In any event, a plaintiff cannot rely on the ruling of the state court, which applies a broader standard than federal court, to justify proceeding pseudonymously in federal court. [In an earlier order, the judge noted that, "anonymity in federal court is governed by the standard set forth in [<em>Doe v. MIT</em>], rather than any state court procedural rule which may have underlain the prior grant of impoundment." -EV]</p>
<p>In denying the motion, the court does not mean to downplay plaintiff's understandable desire to maintain as much privacy as possible in this sad family dispute. The court is merely constrained by the narrow approach taken by the First Circuit (and other Circuits) to anonymous pleadings.</p></blockquote>
<p>This ultimate outcome quite correct to me. I can understand, of course, why the mother would want to proceed this way, and if the son is indeed trying to extort money from her through false assertions, I can sympathize with her preferences. But of course it's not clear who's telling the truth here—and presumably if the mother have prevailed here, the same trick could have been used by a wide range of defendants to seal cases against them (whether sexual assault cases or other cases).</p>
<p>The post <a href="https://reason.com/volokh/2026/05/20/use-this-one-weird-trick-to-keep-your-name-out-of-an-upcoming-sexual-assault-lawsuit-against-you/">Use This One Weird Trick to Keep Your Name Out of an Upcoming Sexual Assault Lawsuit Against You</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump Is the High-Prices President			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/trump-is-the-high-prices-president/" />
		<id>https://reason.com/?p=8382526</id>
		<updated>2026-05-19T19:36:43Z</updated>
		<published>2026-05-20T11:29:01Z</published>
			<category scheme="https://reason.com/latest/" term="Economic Liberty" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Inflation" /><category scheme="https://reason.com/latest/" term="Price controls" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="White House" />		<summary type="html"><![CDATA[Trump's signature policies are pushing prices higher—and voters are pushing back.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/trump-is-the-high-prices-president/">
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										alt="Trump in the foreground, a bright blue background with a sea of red-hat wearing figures and arrows made out of folded American money | llustration: Adani Samat/Midjourney Photo: JIM LO SCALZO/UPI/Newscom/GoldenDayz/Envato"
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		<p><span style="font-weight: 400;">When Donald Trump won his second presidential election in 2024, supporters crowed that this time would be different. Trump's sometimes chaotic instincts had been honed and refined into a populist-nationalist conservative policy agenda that was supposed to make Americans better off and build a broader, more durable right-wing coalition, with a particular appeal to working-class voters.</span></p>
<p><span style="font-weight: 400;">MAGA 2.0 would be predicated on a rejection, or at least a skepticism, of the free market, libertarian economics that Trumpian intellectuals insisted were hobbling the GOP. These ideas filtered up to the presidential ticket itself. In 2024, then-Sen. J.D. Vance (R–Ohio) </span><a href="https://www.nytimes.com/2024/06/13/opinion/jd-vance-interview.html"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">The New York Times</span></i><span style="font-weight: 400;"> that mainstream economists were simply wrong about the effects of clamping down on immigration and the deployment of tariffs, and that free market libertarians were out of touch.</span></p>
<p><span style="font-weight: 400;">In many ways, the administration has governed accordingly. No, Trump hasn't abandoned capitalism entirely. But his second term has been a populist-statist-protectionist mishmash, with a heavy dollop of crony self-dealing.</span></p>
<p><span style="font-weight: 400;">That approach has left Americans worse off and struggling with economic uncertainty and the highest inflation in years. And it has resulted in <a href="https://www.axios.com/2026/05/18/trump-approval-rating-second-term-low">cratering approval ratings</a> for the president and his party—including, notably, with the <a href="https://x.com/IAPolls2022/status/2055998035474137327">white, non-college-educated voters</a> the new Trumpism was supposed to win over.</span></p>
<p><span style="font-weight: 400;">There are many reasons for voters' turn against Trump, but one looms above all others: the persistently high cost of living, and rising energy and food prices in particular.</span></p>
<p><span style="font-weight: 400;">Trump has become the high-prices president. Voters correctly view those high prices as a direct consequence of his policies.</span></p>
<p><span style="font-weight: 400;">Three of Trump's signature initiatives are the war with Iran, crackdowns on immigration, and his on-again, off-again tariffs. All three have contributed to rising prices, especially on household essentials. This was borne out in the government's most recent inflation report, which showed the highest inflation rate in three years, a larger-than-expected increase driven by increasing energy and food prices. Wage gains have been eaten by inflation, leaving American families feeling squeezed and uncertain.</span></p>
<p><span style="font-weight: 400;">Voters see a direct connection between Trump's policies and the worsening economic situation, and it's not hard to understand why. There's plenty of evidence linking Trump's policies to higher prices and economic sclerosis, and the combination of tariffs and immigration restrictionism hasn't led to the boom in domestic manufacturing jobs Trump used to predict. On the contrary, r</span><span style="font-weight: 400;">ecent research by </span><span style="font-weight: 400;">economists at the University of Colorado Boulder looked at labor market changes in areas highly affected by immigration raids and found that employment for low-skilled, native-born men </span><a href="https://www.colorado.edu/today/2026/05/04/heightened-ice-enforcement-harms-us-born-workers-shrinks-workforce"><i><span style="font-weight: 400;">dropped</span></i><span style="font-weight: 400;"> by 1.3 percent</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Notably, all three of Trump's signature initiatives—the war, the tariffs, and the immigration crackdowns—have been implemented through the executive branch. They are all a direct result of Trump's personal whims and preferences. Trump can't blame Congress or a political rival for policies that come directly from him.</span></p>
<p><span style="font-weight: 400;">What's more, Trump and other administration officials have at times all but admitted that their policies have pushed up prices on food and gas. After gas prices shot up in response to the war, Trump pushed to </span><a href="https://www.npr.org/2026/05/11/nx-s1-5818446/trump-gas-tax"><span style="font-weight: 400;">suspend</span></a><span style="font-weight: 400;"> the federal gas tax, an implicit nod to the war's impact on pump prices. Last October, Trump's Labor Department </span><a href="https://www.washingtonpost.com/business/2025/10/11/immigration-crackdown-food-prices/"><span style="font-weight: 400;">warned</span></a><span style="font-weight: 400;"> in a document that </span><span style="font-weight: 400;">"the near total cessation of the inflow of illegal aliens" threatened "the stability of domestic food production and prices for U.S. consumers," drawing a direct link between immigrant workers and grocery prices. And recently, Trump proposed <a href="https://www.wsj.com/politics/policy/trump-clears-way-for-more-beef-imports-aiming-to-bring-down-record-high-prices-acf83faa">reducing</a> beef tariffs in response to the high price of meat—effectively acknowledging that trade levies make consumer goods more expensive. High prices are the crime, and Trump keeps admitting that he's the perpetrator. </span></p>
<p><span style="font-weight: 400;">So it's no surprise that even sympathetic voters have turned on Trump and his economic performance. Trump's approval ratings have crashed, driven by pessimism about inflation and the economy. Early in his second term, voters gave Trump positive marks on the economy, but </span><a href="https://www.newsweek.com/donald-trump-approval-rating-economy-sinks-polls-11941760"><span style="font-weight: 400;">multiple recent polls</span></a><span style="font-weight: 400;"> show declines of 30 points or more in his economic approval rating. Part of the problem for Trump is that he campaigned on improving the economy and addressing high prices after inflation spiked under President Joe Biden. Yet on inflation, Trump's poll numbers are now </span><a href="https://x.com/mrrbourne/status/2054215671626568005?s=46"><span style="font-weight: 400;">significantly worse</span></a><span style="font-weight: 400;"> than Biden's ever were. MAGA 2.0's insistence on ignoring free market ideas has backfired spectacularly.</span></p>
<p><span style="font-weight: 400;">One thing you can say about Trump is that he has decidedly not governed as a libertarian. Even beyond the tariffs, immigration restrictions, and foolhardy war, Trump has refused to manage runaway federal spending, allowed the deficit to grow, and </span><a href="https://reason.com/2025/12/19/more-republican-socialism/"><span style="font-weight: 400;">taken federal stakes</span></a><span style="font-weight: 400;"> in multiple private companies. He has discarded free market ideology and governed as a populist, personalist, nationalist, unbound by Congress, constitutional strictures, or the tenets of economics—just as so many MAGA intellectuals encouraged him to do. Yet instead of growing the conservative coalition, Trump has wrecked it.</span></p>
<p><span style="font-weight: 400;">Maybe the laws and principles of economics mattered after all.</span></p>
<p><span style="font-weight: 400;">Too often, populists and nationalists seem to think they can succeed by shouting over the dull realities of the market. But economies can't be tricked by policy chicanery or silenced by political rhetoric. They have ways of speaking back—often through prices, which reveal the burdens and inefficiencies imposed by politics. And prices are a language that voters understand.</span></p>
<p><span style="font-weight: 400;">There's a lesson here for populist politicians of all political persuasions: Ignore free market ideas at your own risk. </span></p>
<p><span style="font-weight: 400;">You can shrug at the lessons of Economics 101 and dismiss its adherents, but that way lies political peril. Voters see the consequences of that dismissal every time they go to the grocery store or put gas in their cars—or have to choose between one or the other. And they will hold you to account.</span></p>
<p>The post <a href="https://reason.com/2026/05/20/trump-is-the-high-prices-president/">Trump Is the High-Prices President</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[llustration: Adani Samat/Midjourney Photo: JIM LO SCALZO/UPI/Newscom/GoldenDayz/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Trump in the foreground, a bright blue background with a sea of red-hat wearing figures and arrows made out of folded American money]]></media:description>
		<media:title><![CDATA[Trump-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 20, 1996			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/today-in-supreme-court-history-may-20-1996-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8331129</id>
		<updated>2025-05-20T03:18:19Z</updated>
		<published>2026-05-20T11:00:53Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/20/1996: Romer v. Evans is decided. &#160;
The post Today in Supreme Court History: May 20, 1996 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/today-in-supreme-court-history-may-20-1996-7/">
			<![CDATA[<p>5/20/1996: <a href="https://conlaw.us/case/romer-v-evans-1996/">Romer v. Evans</a> is decided.</p>
<p><iframe loading="lazy" title="&#x2696; "Heightened" Rational Basis Scrutiny | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/XlPf4LYlOF4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/05/20/today-in-supreme-court-history-may-20-1996-7/">Today in Supreme Court History: May 20, 1996</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				A Half-Million Dollar Fine for a Tax Paperwork Oversight			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/a-half-million-dollar-fine-for-a-tax-paperwork-oversight/" />
		<id>https://reason.com/?p=8382579</id>
		<updated>2026-05-19T21:07:34Z</updated>
		<published>2026-05-20T11:00:34Z</published>
			<category scheme="https://reason.com/latest/" term="Excessive Fines" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Fines" /><category scheme="https://reason.com/latest/" term="Institute for Justice" /><category scheme="https://reason.com/latest/" term="IRS" /><category scheme="https://reason.com/latest/" term="Taxes" />		<summary type="html"><![CDATA[Too many courts ignore the Eighth Amendment’s ban on excessive fines.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/a-half-million-dollar-fine-for-a-tax-paperwork-oversight/">
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		<p>Most of us would consider a half-million dollar fine for overlooking less than $30,000 in federal taxes to be excessive. Our astonishment at the penalty would only increase upon learning that the oversight resulted from a paperwork violation, with no evidence of deliberate evasion. But a federal judge signed off on the fine, saying that she deferred to the IRS in finding the punishment "not excessive." Now, 88-year-old retiree Tuncay Saydam is hoping the Ninth Circuit Court of Appeals will reach a more reasonable conclusion.</p>

<h1>Running Afoul of an 'Obscure and Seemingly Benign Tax Form'</h1>
<p><a href="https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar">According</a> to the IRS, "per the Bank Secrecy Act, every year you must report certain foreign financial accounts, such as bank accounts, brokerage accounts and mutual funds, to the Treasury Department and keep certain records of those accounts. You report the accounts by filing a Report of Foreign Bank and Financial Accounts (FBAR) on Financial Crimes Enforcement Network (FinCEN) Form 114."</p>
<p>Tuncay Saydam was born in Turkey and has dual U.S. and Turkish citizenship. For years, he maintained bank accounts in Turkey, where he lived until 1980 before coming to this country to become a computer science professor at the University of Delaware. The overseas accounts eventually became substantial, since he deposited into them the proceeds of payments he received for consulting jobs he did for communications companies in Europe. At one point, he had over $875,000 in those accounts.</p>
<p>Legally, Saydam was supposed to file an FBAR form on his foreign accounts since they contained more than $10,000—but like many Americans, he didn't know that. "The FBAR is one of many obscure and seemingly benign tax forms that can trip up otherwise compliant taxpayers," Brown Advisory, an investment management firm, <a href="https://www.brownadvisory.com/us/insights/dont-get-f-fbar">notes on its website</a>. The firm adds that "tax penalties are generally imposed for filing errors or failures regardless of whether those errors were intentional or accidental."</p>
<p>Because Saydam didn't file FBARs, the federal government didn't have an opportunity to tax proceeds generated by the overseas accounts. According to <a href="https://www.taxnotes.com/research/federal/court-documents/court-opinions-and-orders/court-refuses-reduce-fbar-penalties-excessive-fine/7t95k">court documents</a> from his <a href="https://constitution.congress.gov/constitution/amendment-8/">Eighth Amendment</a> challenge to the excessiveness of the resulting penalties, "including Saydam's advance payments and tax credits, and not including penalties, the Government's final tax loss is $29,006."</p>
<p>The IRS discovered this "tax loss" in the course of an audit. "When the government audited Tuncay, it determined that he owed around $29,000 in back taxes, for which it assessed an additional $11,000 in late penalties," <a href="https://ij.org/press-release/san-francisco-retiree-fights-against-the-irss-excessive-fine-that-will-drain-his-life-savings/">notes</a> the Institute for Justice (I.J.), which supports Saydam in his battle with the federal government. But the IRS also penalized the retiree for failing to file FBARs.</p>
<h1>A $544,933 Fine for Failing To File Paperwork</h1>
<p>"The Government calculated the penalties by taking the aggregate balance with the highest amount in this time span, which was Saydam's 2014 foreign accounts ($875,127). This amount was then divided in half ($437,564), and split proportionally among the five years," <a href="https://www.taxnotes.com/research/federal/court-documents/court-opinions-and-orders/court-refuses-reduce-fbar-penalties-excessive-fine/7t95k">according</a> to the court. "With interest, the total penalty owed is $544,933."</p>
<p>"No fraud, no evasion, no criminal charges. Merely five-years of paperwork failure punished as if he'd stashed millions in the Caymans and shredded the records," Andrew Leahey, a Drexel University law professor, <a href="https://www.forbes.com/sites/andrewleahey/2025/11/19/the-rise-and-proliferation-of-excessive-fbar-penalties/">commented</a> about the case at <em>Forbes</em>. "When did reporting of Foreign Bank and Financial Accounts (FBAR) stop being about transparency and start functioning as a fiscal firing squad?"</p>
<p>Leahey noted that FBAR penalties began as tools for combating "serious financial crimes&hellip;like money laundering, tax evasion, and organized fraud schemes" but has become a weapon for penalizing anybody who maintains a financial presence overseas without keeping Uncle Sam in the loop. Falling afoul of the penalties doesn't require criminal intent or fraud. Simply failing to file paperwork can result in a financial death sentence for unlucky taxpayers.</p>
<p>"What the Saydam case illustrates, perhaps better than any FBAR case in recent memory, is how the regime now punishes form failure more harshly than some forms of fraud," he added.</p>
<h1>Criminal Penalties Would Have Been Less</h1>
<p>In Saydam's case, Judge Donna M. Ryu agreed that the penalty is punitive and vastly exceeds other fines that have been ruled excessive. She also conceded, as did the federal government, that had the retired professor been criminally charged, the penalty would have been <em>less</em>: "Saydam's total FBAR penalty of $437,564 is 3.1 times greater than the maximum fine of $139,000 under the Sentencing Guidelines." But she sniffs that "the fact that the penalty is greater than the Guidelines maximum is not dispositive."</p>
<p>In Ryu's assessment, "it is not the court's role to legislate, or to second-guess the wisdom of the FBAR statutory penalty scheme." She quotes earlier decisions to the effect that "so long as a government provides an unrebutted commonsense explanation or <em>some</em> — even relatively weak — evidence to justify its fine, it will likely prevail against an Excessive Fines Clause challenge." Never mind that the Excessive Fines Clause is in the Eighth Amendment and trumps laws and administrative interpretations.</p>
<p>Well, anybody can come up with a "relatively weak" justification for just about anything, so it's unlikely that a challenge to excessive fines will ever prevail with this judge. That gives government officials free rein, within the very broad parameters established by Congress, to harshly penalize people for failing to successfully navigate byzantine financial paperwork requirements. The judge's comments suggest that for her (and many of her peers), the Eighth Amendment is essentially a dead letter in non-tax cases, too.</p>
<p>Fines, then, are more of a means of hammering the population into submission than of proportionally penalizing people for doing measurable damage.</p>
<p>To this point, Leahey responds, "when civil penalties break free from any connection to actual harm caused, the tax system stops looking like a regulatory framework and starts looking like a collection racket—in this case, targeting immigrants."</p>
<h1>A Continuing Fight Against Excessive Fines</h1>
<p>With the support of attorneys from the Institute for Justice, Tuncay Saydam is <a href="https://ij.org/case/united-states-v-saydam/">continuing his challenge</a> against the I.R.S.'s draconian penalties.</p>
<p>"The Eighth Amendment's Excessive Fines Clause enshrines a timeless teaching: The fine must fit the crime," <a href="https://ij.org/press-release/san-francisco-retiree-fights-against-the-irss-excessive-fine-that-will-drain-his-life-savings/">comments</a> I.J. Attorney Mike Greenberg. "A runaway civil penalty for a minor reporting violation is just the sort of punishment the Framers designed that provision to check."</p>
<p>The question is whether the Ninth Circuit Court of Appeals takes the Eighth Amendments bar against excessive fines seriously. Too many courts have written it off.</p>
<p>The post <a href="https://reason.com/2026/05/20/a-half-million-dollar-fine-for-a-tax-paperwork-oversight/">A Half-Million Dollar Fine for a Tax Paperwork Oversight</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Institute for Justice]]></media:credit>
		<media:description type="html"><![CDATA[Tuncay Sadyam]]></media:description>
		<media:title><![CDATA[United States v. Saydam_0159]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>C.J. Ciaramella</name>
							<uri>https://reason.com/people/cj-ciaramella/</uri>
						<email>cj.ciaramella@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Body Cam Video: Tulsa Police Arrest Food Not Bombs Volunteers for Feeding Homeless People			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/body-cam-video-tulsa-police-arrest-food-not-bombs-volunteers-for-feeding-homeless-people/" />
		<id>https://reason.com/?p=8382562</id>
		<updated>2026-05-20T14:00:38Z</updated>
		<published>2026-05-20T10:30:17Z</published>
			<category scheme="https://reason.com/latest/" term="Charity/Philanthropy" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Food" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Homelessness" /><category scheme="https://reason.com/latest/" term="Oklahoma" />		<summary type="html"><![CDATA[Food Not Bombs argues it has a First Amendment right to feed the needy without a permit. That's led to crackdowns and lawsuits around the country.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/body-cam-video-tulsa-police-arrest-food-not-bombs-volunteers-for-feeding-homeless-people/">
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										alt="Tulsa Police Department | Police Bodycam Footage / Tulsa Police Department"
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		<p>Recently released body camera footage of an incident earlier this month shows police officers in Tulsa, Oklahoma, ordering the anti-war group Food Not Bombs (FNB) to stop handing out meals to the homeless and arresting four activists after they insisted they had a First Amendment right to continue.</p>
<p>Local news outlets <a href="https://www.fox23.com/news/tpd-body-camera-video-shows-arrests-of-tulsa-food-not-bombs-members/article_283b88b6-ce21-4cf3-99aa-4f2c34149784.html">reported</a> that Tulsa police arrested four members of the local FNB chapter on May 6 on charges including attempting to flee, obstruction, and resisting arrest. Six other volunteers were cited. The crackdown is the latest flare-up in what a <a href="https://reason.com/2023/10/10/the-right-to-give/">2023 <em>Reason</em> column</a> called "an ongoing tug-of-war that pits public order against the First Amendment right to perform charity as a form of expression." Groups like FNB and Christian charities say feeding the needy is political and religious expression, while city governments say unpermitted food distribution is a public health concern and a nuisance.</p>
<p>The Tulsa chapter of FNB says it has been handing out hot meals on a weekly basis since 2020 without any problems. "We have been able to do this with absolutely no issue whatsoever for nearly six years," a Tulsa FNB member <a href="https://www.youtube.com/watch?v=ig7ZjyXZ7o0">told</a> local news outlet KJRH.</p>
<p>But that stopped on the evening of May 6, when numerous Tulsa police officers showed up to shut down an FNB meal handout.</p>
<p>Recently released <a href="https://www.youtube.com/watch?v=kPXeosAXI3o">body camera footage</a> from the Tulsa Police Department shows a Tulsa officer arriving and asking for the organizer or whoever is running the event. When the activists respond that no one is charge, and they're all just "volunteers handing out food," the officer says that they need a special permit.</p>
<p>"We're protesting right now," one of the activists responded.</p>
<p>"No, you're not," the officer replied.</p>
<p>"We are," the volunteer argued.</p>
<p>"OK, we'll just start citing whoever's out here," the officer said.</p>
<p><iframe loading="lazy" title="Bodycam: Tulsa Police show arrest of Tulsa Food Not Bombs" width="500" height="375" src="https://www.youtube.com/embed/kPXeosAXI3o?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The officer then walked over to where volunteers were boxing and handing out hot meals and told them to tear everything down.</p>
<p>"You guys have to have a special permit to be out here," the officer repeated.</p>
<p>When the FNB volunteers ignored the officer and continued boxing food, he demanded their IDs and called for backup.</p>
<p>The body camera footage shows the volunteers starting to pack up their station. One woman, Savannah Davis, attempts to leave with a plastic tub of supplies when the officer grabs her arm and tells her, "Stop or you're going to go to jail."</p>
<p>Davis<strong> </strong>pulled away and said, "This is our First Amendment right."</p>
<p>"That's it, you're going to jail," the officer said.</p>
<p>"She's literally holding a bin of supplies that she had just cleaned up to comply with their order," Ana Barros, a Tulsa FNB member, <a href="https://www.youtube.com/watch?v=ig7ZjyXZ7o0">told</a> KJR.</p>
<p>Another volunteer was arrested for interfering with Davis'<strong> </strong>arrest. A third Tulsa FNB member was arrested for grabbing<strong> </strong>an ID off another detained volunteer's belt loop, and according to <a href="https://www.instagram.com/p/DYLLU7YADNK/?img_index=7">Tulsa FNB</a>, a fourth man was arrested for recording the incident.</p>
<p>The body camera shows Davis arguing at length with officers about her First Amendment rights after she is handcuffed.</p>
<p>"You might want to reread the Constitution," another Tulsa officer said to her at one point.</p>
<p>"Oh really? I think you should, considering you're the one with a badge and a gun," Davis responded.</p>
<p>FNB chapters argue they don't need permits because their activities are protected First Amendment speech, and despite the Tulsa police's flippant response, some federal courts agree.</p>
<p>In 2018, the U.S. Court of Appeals for the 11th Circuit <a href="https://reason.com/2018/08/29/federal-court-first-amendment-protects-f/">ruled</a> that distributing food was "expressive conduct" protected under the First Amendment. That decision was a response to a lawsuit by the FNB chapter in Fort Lauderdale, Florida.</p>
<p>More recently, a U.S. district court judge <a href="https://reason.com/2024/02/16/federal-judge-temporarily-blocks-enforcement-of-houston-ordinance-against-feeding-the-homeless/">issued a preliminary injunction</a> against the city of Houston in 2024, blocking it from enforcing an ordinance that prohibits feeding more than five needy people anywhere—including on public property—without permission.</p>
<p>The judge found that the Houston chapter's<strong> </strong>food sharing is expressive conduct under the First Amendment and that the group had a substantial likelihood of succeeding on its claims that Houston's ordinance, as applied, created an unconstitutional prior restraint.</p>
<p>The FNB chapter of Roswell, New Mexico, <a href="https://www.koat.com/article/food-not-bombs-roswell-sues-city-over-permit-insurance-requirements/71215721">sued the city</a>, earlier this month arguing that the city's permit and insurance requirements violated the group's constitutional rights.</p>
<p>In his 2016 book <em>Biting the Hands That Feed Us</em>, food lawyer Baylen Linnekin wrote that crackdowns on good Samaritans began spreading across the country during the first decade of the century. <em>Reason </em>has covered government suppression of food charities in Tampa, Orlando, Fort Lauderdale, Atlanta, Newark, Las Vegas, Charlotte, Philadelphia, and Kansas City. In the latter case, health officials <a href="https://reason.com/2018/11/12/kansas-city-health-officials-bleached-fo/">poured bleach</a> on food meant for the homeless in 2018.</p>
<p>The Tulsa Police Department did not immediately respond to a request for comment. However, in a <a href="https://www.newson6.com/crime/tulsa-police-arrest-4-people-for-obstruction-during-homeless-outreach-event">statement to News On 6</a>, the city of Tulsa said: "While at this time the City can't speak directly to the arrests or on-scene communication at the event, prior to last night, the City previously engaged with this group at least 20 times dating back to last April and notified them of the permitting requirements for organized activity in public roadways. The activity has continued to occur, and participants have continued blocking the street with tables and equipment - with a history of leaving trash and debris behind following the event."</p>
<p>In the body camera footage released by the Tulsa Police Department, the first FNB volunteer the officer encountered was cleaning up trash.</p>
<p>The post <a href="https://reason.com/2026/05/20/body-cam-video-tulsa-police-arrest-food-not-bombs-volunteers-for-feeding-homeless-people/">Body Cam Video: Tulsa Police Arrest Food Not Bombs Volunteers for Feeding Homeless People</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Police Bodycam Footage / Tulsa Police Department]]></media:credit>
		<media:description type="html"><![CDATA[Tulsa Police Department]]></media:description>
		<media:title><![CDATA[Tulsa-Police-Department-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Failing the Test			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/brickbat-failing-the-test-2/" />
		<id>https://reason.com/?p=8382241</id>
		<updated>2026-05-19T15:41:27Z</updated>
		<published>2026-05-20T08:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Canada" />		<summary type="html"><![CDATA[Former Winnipeg police officer Matthew Kadyniuk accepted a two-year non-custodial sentence after pleading guilty to breach of trust and theft&#8230;
The post Brickbat: Failing the Test appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/20/brickbat-failing-the-test-2/">
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										alt="Grainy black-and-white image from an undercover video that caught two Winnipeg police officers stealing. | Manitoba Court of King’s Bench"
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		<p>Former Winnipeg police officer Matthew Kadyniuk accepted a <a href="https://www.cbc.ca/news/canada/manitoba/matthew-kadyniuk-sentencing-9.7198424">two-year non-custodial sentence</a> after pleading guilty to breach of trust and theft under $5,000 ($3,638 U.S.). In 2024, Kadyniuk and another officer were caught stealing during an undercover "integrity test." While responding to a fake vehicle break-in, the two officers took items—including cash, cigarettes, and bear spray—from a backpack allegedly belonging to the suspect. The theft was secretly recorded as part of the undercover operation. Kadyniuk, who resigned from the police force after his arrest, will spend the first year of his sentence under house arrest and the second year under a curfew.</p>
<p>The post <a href="https://reason.com/2026/05/20/brickbat-failing-the-test-2/">Brickbat: Failing the Test</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Manitoba Court of King’s Bench]]></media:credit>
		<media:description type="html"><![CDATA[Grainy black-and-white image from an undercover video that caught two Winnipeg police officers stealing.]]></media:description>
		<media:title><![CDATA[Winnipeg police officer-undercover-theft]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Winnipeg-police-officer-undercover-theft-1200x675.jpeg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/20/open-thread-210/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382427</id>
		<updated>2026-05-20T07:00:00Z</updated>
		<published>2026-05-20T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/20/open-thread-210/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/20/open-thread-210/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/20/a-state-assault-case-against-an-ice-agent-could-illustrate-the-limits-of-supremacy-clause-immunity/" />
		<id>https://reason.com/?p=8382475</id>
		<updated>2026-05-19T15:21:53Z</updated>
		<published>2026-05-20T04:01:26Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Deportation" /><category scheme="https://reason.com/latest/" term="Excessive Force" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Rule of law" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Federalism" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="immunity" /><category scheme="https://reason.com/latest/" term="Minneapolis" /><category scheme="https://reason.com/latest/" term="Minnesota" /><category scheme="https://reason.com/latest/" term="Prosecutors" /><category scheme="https://reason.com/latest/" term="Search and Seizure" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[That defense applies only when an officer "reasonably" believed he was acting within his federal authority.]]></summary>
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		<p>The day after Immigration and Customs Enforcement (ICE) agent Christian Castro shot Minneapolis resident Julio Cesar Sosa-Celis in the leg, Kristi Noem, then the secretary of homeland security, <a href="https://www.dhs.gov/news/2026/01/15/dhs-releases-more-details-about-three-violent-criminal-illegal-aliens-who-violently">described</a> that use of force as a clearly justified response to "an attempted murder." Sosa-Celis and two other Venezuelans had "ambushed and attacked" Castro, Noem averred, "beat[ing] him with snow shovels and the handles of brooms."</p>
<p>Although the Department of Homeland Security has not retracted that account of the January 14 incident, federal prosecutors later <a href="https://reason.com/2026/02/17/prosecutors-admit-the-dhs-account-of-an-ice-shooting-was-based-on-lies/">admitted</a> it was not true. The fallout from that lie continued on Monday, when Hennepin County Attorney Mary Moriarty <a href="https://www.nbcnews.com/news/us-news/ice-agent-charged-four-counts-assault-minnesota-shooting-venezuelan-im-rcna345732">announced</a> criminal charges against Castro, initiating a case that will test the ability of state prosecutors to hold federal law enforcement officers accountable for violent misconduct.</p>
<p>A month after Noem portrayed Sosa-Celis as a would-be murderer, Daniel N. Rosen, the U.S. attorney for Minnesota, <a href="https://www.nytimes.com/2026/02/12/us/prosecutor-dismiss-charges-men-shot-by-ice.html">asked</a> a federal judge to dismiss charges against him and Alfredo Alejandro Aljorna, another alleged assailant. Rosen said "newly discovered evidence" was "materially inconsistent" with those allegations.</p>
<p>That evidence, according to Todd Lyons, then the acting ICE director, indicated that Castro and another agent had made "untruthful statements." Lyons <a href="https://abcnews.com/US/prosecutor-moves-dismiss-charges-migrant-shot-minneapolis-citing/story?id=130131578">said</a> the U.S. Attorney's Office was "actively investigating these false statements," adding that "lying under oath is a serious federal offense."</p>
<p>At a <a href="https://www.youtube.com/watch?v=_6sF6K7x_O8">press conference</a> on Monday, which was the first time Castro was publicly identified as the agent who shot Sosa-Celis, Moriarty said he and Aljorna "were both here lawfully." But ICE tried to stop Aljorna, who was delivering food for DoorDash, after confusing him with another man.</p>
<p>Aljorna drove back toward the duplex apartment he shared with Sosa-Celis, their partners, and two young children. After a brief car chase, Aljorna hit a light pole, exited his vehicle, and ran toward his home, where Sosa-Celis was standing on the porch. Aljorna <a href="https://www.kare11.com/article/news/local/ice-in-minnesota/video-released-of-jan-14-shooting-involving-federal-agents-in-north-minneapolis/89-7b77b9b4-50d6-4f41-b698-f0ab90cb851e">slipped and fell</a>, at which point Castro pounced on him.</p>
<p>During the ensuing struggle, which <a href="https://www.nytimes.com/2026/05/18/us/ice-agent-charges-venezuelan-immigrant.html">lasted</a> about 12 seconds, Castro "was not hit by a shovel or a broom," Moriarty said. "In fact, he was not hit at all." And after Aljorna and Sosa-Celis escaped into their home, she added, they "presented absolutely no threat to him or anyone else."</p>
<p>Castro nevertheless fired a round through the front door, striking Sosa-Celis and endangering the other residents. Castro "was not under any physical threat when he fired his weapon, or even beforehand," Moriarty said, explaining her decision to charge him with four counts of <a href="https://www.revisor.mn.gov/statutes/cite/609.222">second-degree assault</a> and one count of <a href="https://www.revisor.mn.gov/statutes/cite/609.505">falsely reporting a crime</a>.</p>
<p>Can Moriarty do that? No, according to Vice President J.D. Vance, who <a href="https://reason.com/2026/01/13/no-ice-agents-do-not-have-absolute-immunity-from-state-prosecution/">says</a> "a federal law enforcement official engaging in federal law enforcement action" has "absolute immunity" from state prosecution.</p>
<p>As a Yale Law School graduate, Vance should know better. There is in fact a <a href="https://statedemocracy.law.wisc.edu/our-work/can-states-prosecute-federal-officials">long history</a> of state charges against federal officials. And while federal courts have <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep135/usrep135001/usrep135001.pdf">blocked</a> some of those prosecutions as unjustified interference with U.S. law enforcement, they have allowed others to proceed.</p>
<p>In 1906, for example, the Supreme Court <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep200/usrep200001/usrep200001.pdf">greenlit</a> a state murder case against two soldiers who had allegedly killed a suspected copper thief at a federal arsenal in Pennsylvania after he surrendered. A century later, the U.S. Court of Appeals for the 9th Circuit tentatively <a href="https://caselaw.findlaw.com/court/us-9th-circuit/1430138.html">approved</a> an Idaho prosecution of the FBI sniper who had <a href="https://reason.com/1993/10/01/ambush-at-ruby-ridge/">killed</a> Vicki Weaver at Ruby Ridge in 1992.</p>
<p>Under the law that has emerged from such cases, defendants can invoke "<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5283929">Supremacy Clause immunity</a>," which applies when they "reasonably" believed their actions were "necessary and proper" to execute their federal duties. If a defendant makes a "<a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep489/usrep489121/usrep489121.pdf">colorable claim</a>" to that effect, he can have the case <a href="https://www.law.cornell.edu/uscode/text/28/1442">removed</a> to federal court.</p>
<p>If that happened with Castro, Minnesota prosecutors would still be involved, but a federal judge would decide prior to trial whether Castro qualified for immunity. That very process contradicts Vance's claim that federal officers are automatically shielded from liability when they are accused of committing state crimes.</p>
<p><strong>© Copyright 2026 by Creators Syndicate Inc.</strong></p>
<p>The post <a href="https://reason.com/2026/05/20/a-state-assault-case-against-an-ice-agent-could-illustrate-the-limits-of-supremacy-clause-immunity/">A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Jon Putman/SOPA Images/Sipa USA/Newscom/ICE/X]]></media:credit>
		<media:description type="html"><![CDATA[Julio Cesar Sosa-Celis against a backdrop showing an armed immigration agent]]></media:description>
		<media:title><![CDATA[ICE-Shooting-Julio C. Sosa-Celis-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/ICE-Shooting-Julio-C.-Sosa-Celis-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Thomas Massie Loses, Proving That Deficit Hawks and Foreign Policy Doves Aren't Welcome in Trump's GOP			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/thomas-massie-loses-proving-that-deficit-hawks-and-foreign-policy-doves-arent-welcome-in-trumps-gop/" />
		<id>https://reason.com/?p=8382570</id>
		<updated>2026-05-20T12:19:30Z</updated>
		<published>2026-05-20T00:02:54Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Jeffrey Epstein" /><category scheme="https://reason.com/latest/" term="Kentucky" /><category scheme="https://reason.com/latest/" term="MAGA" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[If this is how the Republican Party treats the libertarian-leaning lawmakers in its midst, then libertarians should take note and act accordingly.]]></summary>
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										alt="Thomas Massie | Photo: Tom Williams/CQ Roll Call/Newscom"
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		<p>Rep. Thomas Massie (R–Ky.), the libertarian-adjacent lawmaker who clashed with President Donald Trump over spending, tariffs, wars, and the Epstein files, was defeated in Tuesday's primary election by Ed Gallrein, a Trump-backed challenger.</p>
<p>The Associated Press <a href="https://apnews.com/projects/elections-2026/kentucky-primary-results-us-house/#4">called the race</a> shortly before 8 p.m., with Gallrein leading Massie by about 10 points with nearly three-quarters of the vote reported.</p>
<p>The contest was widely regarded as the most expensive primary election in congressional history. <a href="https://abcnews.com/Politics/republican-thomas-massie-pitted-trump-backed-opponent-expensive/story?id=132977731">More than $32 million was spent on the race</a>, much of it by pro-Trump and <a href="https://responsiblestatecraft.org/thomas-massie-election/">pro-Israel groups that sought to give Massie the boot</a>.</p>
<p>Clearly, the stakes here were higher than just determining a spot on the November ballot in Kentucky's 4th congressional district, a deep red stretch along the state's northern frontier.</p>
<p>Tuesday's result further solidifies Trump's firm hold on the Republican Party, even at a time when that grip seemed to be loosening amid an unpopular war, rising inflation, and Trump's falling approval ratings. With Republican primary voters, however, Trump's endorsement is still the most important thing—at least as long as it is backed by millions of dollars in campaign spending.</p>
<p>In various ratings systems maintained by groups such as <a href="https://heritageaction.com/scorecard/members/M001184/117">Heritage Action</a> and <a href="https://libertyscore.conservativereview.com/thomas-massie">Conservative Review</a>, Massie has always been an exemplary congressman. Once, that would have meant something. When Massie was first elected to Congress in 2012, the Tea Party era was in full swing, and Republicans were expected to pass those purity tests or be cast out.</p>
<p>Now, being liked by Trump is the only test that matters. Gallrein passed it. He's even <a href="https://www.wlwt.com/article/ed-gallrein-campaign-trump-endorsement-kentucky/71310680">defended Trump's war in Iran</a> as part of a "five-dimensional chess" effort to reset "the entire global power structure."</p>
<p>Massie held on longer than most, but his path into political retirement is well-worn. It has been trodden by many Tea Party–era Republicans who stuck to their principles only to discover that principles no longer matter in the contemporary GOP.</p>
<p>"With Trump's ascendance, whatever energy was left in the Tea Party was pure populist rage and tribal animus rather than anti-government in character," <a href="https://reason.com/2026/05/18/donald-trump-thomas-massie-and-the-long-slow-death-of-the-tea-party/">wrote</a> <em>Reason</em>'s Nick Gillespie this week. Even if Massie had won, Gillespie observed, "the GOP of which he is part is very different from the one he belonged to when he first arrived in Washington."</p>
<p>There is some irony in the fact that Massie once wrote, <a href="https://reason.com/2018/09/22/proposition-libertarians-shoul2/">in the pages of <em>Reason</em></a>, that libertarians ought to work within the Republican Party to achieve their political ends rather than eschew the two-party system. "If you want to field another team, you have to either completely replace one that's there now (within an election cycle or two) or work inside one that already exists," he wrote. "The most expedient path for libertarians is to work within the red team."</p>
<p>And Massie was, in many ways, the best example of what that collaboration might achieve. He worked his way up in the House to land a coveted seat on the powerful Rules Committee (until <a href="https://www.axios.com/2025/01/14/mike-johnson-thomas-massie-rules-committee">being removed</a> last year). He played a significant role <a href="https://reason.com/2025/02/25/the-house-gop-budget-blueprint-promises-more-borrowing-more-debt-and-not-enough-spending-cuts/">in the budget process</a>, though he did not have enough support to reduce the growth of spending. He was a key figure in the debate over toppling then–Speaker of the House Kevin McCarthy (R–Calif.), whose removal Massie <a href="https://reason.com/2023/10/03/thomas-massie-the-next-speaker-is-going-to-go-back-to-the-old-testament/">opposed</a>. He <a href="https://www.politico.com/live-updates/2026/02/10/congress/gop-revolt-sinks-effort-to-block-votes-on-trumps-tariffs-00775107">helped lead an effort</a> to block Trump's tariffs that were later ruled unlawful by the Supreme Court.</p>
<p>Through all that, Massie was committed to the principles of limited government. But he also put a huge target on his back. And, in the end, he was dismissed by the party's voters for being insufficiently loyal to its dear leader. It is difficult to find any other explanation.</p>
<p>That happened despite the fact that Massie's positions on war, spending, and the Epstein files are more in line with Trump's campaign promises than Trump's actions in office have been. For taking those stands, Massie has been labeled a "<a href="https://www.youtube.com/shorts/Jciet4Touvo">moron</a>" by Trump, who has also <a href="https://www.theguardian.com/us-news/2026/may/16/kentucky-republican-primary-election-massie-gallrein">accused</a> the congressman of being "disloyal to the United States."</p>
<p>If this is how the Republican Party treats the libertarian-leaning lawmakers in its midst, then libertarians should take note and act accordingly.</p>
<p>The post <a href="https://reason.com/2026/05/19/thomas-massie-loses-proving-that-deficit-hawks-and-foreign-policy-doves-arent-welcome-in-trumps-gop/">Thomas Massie Loses, Proving That Deficit Hawks and Foreign Policy Doves Aren&#039;t Welcome in Trump&#039;s GOP</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Tom Williams/CQ Roll Call/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Thomas Massie]]></media:description>
		<media:title><![CDATA[rollcallpix171043]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/rollcallpix171043-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Rejects First Amendment Claims Against NYPD Commissioner Brought by "Most Wanted CEOs" Card Makers			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/court-rejects-first-amendment-claims-against-nypd-commissioner-brought-by-most-wanted-ceos-card-makers/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382591</id>
		<updated>2026-05-19T23:12:47Z</updated>
		<published>2026-05-19T21:33:05Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[From yesterday's decision by Judge Hector Gonzalez (E.D.N.Y.) in Harr v. City of N.Y.: In 2003, in connection with the&#8230;
The post Court Rejects First Amendment Claims Against NYPD Commissioner Brought by &#34;Most Wanted CEOs&#34; Card Makers appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/court-rejects-first-amendment-claims-against-nypd-commissioner-brought-by-most-wanted-ceos-card-makers/">
			<![CDATA[<p>From yesterday's decision by Judge Hector Gonzalez (E.D.N.Y.) in <a href="https://storage.courtlistener.com/recap/gov.uscourts.nyed.530373/gov.uscourts.nyed.530373.41.0.pdf"><em>Harr v. City of N.Y.</em></a>:</p>
<blockquote><p>In 2003, in connection with the invasion of Iraq, the United States Department of Defense developed a deck of playing cards, titled "Iraqi Most Wanted," to help familiarize troops with members of Saddam Hussein's government and inner circle. Approximately 20 years later and days after UnitedHealthcare CEO, Brian Thompson, was shot and killed, Plaintiffs James Harr and Comrade Workwear, LLC developed a deck of cards, modeled after the U.S. military's deck, titled "Most Wanted CEOs." &hellip; Plaintiffs' cards:</p>
<blockquote><p>featured a well-known corporate executive, their affiliated company, and a QR code linking to educational content about the harm their company allegedly caused, with each suit representing an industry—pharmaceuticals and chemicals, essential goods and housing, finance and tech, and weapons and oil—all based on public information, with no contact details or other personal information included.</p></blockquote>
<p>On December 15, 2024, Plaintiffs unveiled the final designs for the Most Wanted CEO cards and launched preorders. The product description for the cards read: "For educational and entertainment purposes only." Later that day, NYP [the <em>New York Post</em>] published an article on its website that claimed Plaintiffs "call[ed] online for the death of corporate executives" and linked "the release of the playing cards to the recent homicide of UnitedHealthcare CEO Brian Thompson" (the "Article"). The Article included a screenshot of one of Plaintiff's social media posts which contained the phrase: "The CEO must die." The screenshot in the Article omitted Plaintiffs' caption to the post, a "disclaimer" that read, in part: "When we say the CEO must die, we mean the structure of capitalism must be broken."</p>
<p>On December 16, 2024, NYP published the Article as its cover story. Overnight, the Article, and, consequently, Plaintiffs' playing cards were front-page news. That same morning, New York City Police Department ("NYPD") officers arrived at Harr's home and spoke with his fiancée. A little later, officers interviewed Harr at his workplace and "questioned him about the cards and whether he had violent intent or ties to any extremist groups." Plaintiffs allege Harr informed the officers that "he was an independent artist running a merchandise company, that the cards were a symbolic and educational project, and that he had [already] made public disclaimers rejecting violence."</p>
<p>The next day, [NYPD] Commissioner Tisch spoke at a press conference announcing that an individual had been arrested in connection with the investigation of Mr. Thompson's homicide (the "December Press Conference"). Plaintiffs allege that Commissioner Tisch "held up [the print edition of the Article] and falsely described [Plaintiffs'] playing cards as a 'hit list,' call[ed] him an 'extreme activist,' and part of a 'lawless, violent mob' calling for the 'targeted assassination' of CEOs." &hellip;</p>
<p>The Commissioner's statements, Plaintiffs claim, marked the inception of a campaign to punish Plaintiffs for the cards. In their view, the Article, NYPD interviews, and December Press Conference were part of "a coordinated effort to distort the nature of [Plaintiffs'] work and publicly reframe [them] as a threat in order to support a broader narrative around political violence and public disorder."  Before and after the December Press Conference, Plaintiffs were "de-platformed" (<em>i.e.</em>, permanently disabled from accessing) several social media and e-commerce platforms that were integral to their business.</p>
<p>Approximately two months after the December Press Conference, law enforcement officials from the NYPD "served a seizure warrant on the FedEx facility where Plaintiff[s'] inventory of playing cards was being stored, resulting in the confiscation of [their] entire preorder shipment." Plaintiffs assert that confiscation of their merchandise was carried out at the behest of Commissioner Tisch and part of Defendants' coordinated effort to "systematically strip[ ] [Plaintiffs] of access to the platforms and tools that allowed [them] to speak, sell, and operate," and inflict "reputational, financial, and constitutional harm." &hellip;</p></blockquote>
<p>Plaintiffs sued Commissioner Tisch, arguing that she unconstitutionally retaliated against them based on their constitutionally protected speech. The court concluded that plaintiffs had sufficiently alleged that their speech didn't fall within the First Amendment exceptions for true threats and incitement:</p>
<p><span id="more-8382591"></span></p>
<blockquote><p>A "true threat" is a "'serious expression' conveying that a speaker means to 'commit an act of unlawful violence,'" regardless of whether "the speaker is aware of, and intends to convey, the threatening aspect of the message." &hellip;</p>
<p>"[A]ccept[ing] as true all of the factual allegations set out in [Plaintiffs'] complaint," and "draw[ing] inferences from those allegations in the light most favorable to [Plaintiffs]," as the Court must at this juncture, the Court concludes that the speech at issue does not constitute a true threat because Plaintiffs' speech does not amount to "serious expression[s] of [their] intent to commit an act of unlawful violence to a particular individual or group of individuals." The playing cards are not enough to convey to a reasonable listener that they were intended as a threat of violence against the "well-known corporate executive[s]" featured on them. The cards included anodyne, publicly-available information about the executives and "educational content about the harm their compan[ies] allegedly caused." Simply, the cards do not convey anything about Plaintiffs' intent. At most, the cards are suggestive, but that is far from a serious expression of violent intent. And, any incidental suggestion of violence is negated by Plaintiffs' disclaimers.</p>
<p>Plaintiffs' statement that "[t]he CEO must die" also cannot reasonably be interpreted as a serious threat of injury. As a practical matter, that statement is directed at "the CEO"—an archetypal executive, not a particular individual or group—and, again, Plaintiffs' disclaimer in the caption of the social media post clarifies that the statement was not one of violent intent, but a more general critique of capitalism writ large.</p>
<p>Plaintiffs' statement "calling Mr. Thompson's killer a 'fucking hero'" does not reflect a threat at all—serious or otherwise. The statement, standing alone or considered alongside the others, may be coarse or disquieting, but that does not remove its First Amendment protection. If anything, it does the opposite.</p>
<p>As for Plaintiffs' statements that purportedly encouraged their social media followers to "do more" to identify where another healthcare CEO lived, City Defendants' argument is far too speculative to establish it as an expression of violent intent, let alone a <em>serious</em> expression of violent intent against that person.</p>
<p>{Had City Defendants argued that this particular statement was incitement, they might have had a stronger point. Ultimately, however, that argument would also fail because there is "no evidence or rational inference from the import of the language, that [Plaintiffs'] words were intended to produce, and likely to produce, imminent disorder." <em>See </em><em>Brandenburg v. Ohio</em> (1969) (Speech is presumptively protected unless it is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action.").}</p>
<p>Even if the Court were to take the playing card design and all the accompanying social media statements together, it cannot conclude that "an ordinary, reasonable recipient who is familiar with the context of the communication would interpret it as a threat of injury." Thus, Plaintiffs' speech is not a true threat. Nor is it incitement, obscenity, or any other form of unprotected speech; it is protected speech. Plaintiffs are constitutionally entitled to condemn and disparage well-known executives of major corporations&hellip;.</p></blockquote>
<p>The court didn't consider whether the speech might have fallen within the related but separate exception for solicitation of crime against a specific person (presumably because that argument hadn't been raised); see <a href="https://reason.com/volokh/2024/08/22/first-amendment-doesnt-protect-speech-that-solicits-a-specific-crime/">this post</a> for more on that exception, which the Supreme Court has recognized in recent cases, including <em>U.S. v. Hansen </em>(2023).</p>
<p>But the court nonetheless rejected plaintiffs' First Amendment claims, because it concluded that they hadn't adequately alleged that Commissioner Tisch took adverse action against plaintiffs:</p>
<blockquote><p>At bottom, the relevant "action" that Plaintiffs allege is an adverse action for purposes of their First Amendment claim is Commissioner Tisch's speech at the December Press Conference. That is insufficient because speech, in response to speech, is not an adverse action, even if it is harsh&hellip;  "[I]t is well settled that criticism of [a speaker] alone" does not amount to an adverse action "for retaliation purposes." &hellip;</p>
<p>Even if Commissioner Tisch's statements are read "in the light most favorable" to Plaintiffs, they would not "deter a similarly situated individual of ordinary firmness from exercising his or her constitutional rights." In condemning Plaintiffs' speech, Commissioner Tisch exercised her own First Amendment rights&hellip;. [T]o interpret Commissioner Tisch's constitutionally protected speech as an adverse action would effectively flip the First Amendment on its head and allow Plaintiffs to enlist the judiciary to block speech that they do not like&hellip;.</p>
<p>Even if the Court credited Plaintiffs' speculative argument that Commissioner Tisch's statements amount to an adverse action, their First Amendment Retaliation claim would fail, nonetheless, because Plaintiffs' theory of causation is supported only by their own conclusory allegations.</p>
<p>The Court disagrees with Plaintiffs that it is reasonable to infer that Commissioner Tisch's statements and her official position "significantly encouraged" or "influenced" third parties to remove Plaintiffs' access to social media and e-commerce platforms. Nor does the Court agree that "[t]he timing and context make the causal link [between Plaintiffs' speech and seizure of their work] unmistakable."  Both of those assertions are far too attenuated to be plausible. Indeed, a significant amount of second- and third-order thinking is necessary to find it plausible that Commissioner Tisch's statements at the December Press Conference were intended to set off a chain of events ultimately designed to silence Plaintiffs or others from participating in public dialogue. In fact, to conclude that Plaintiffs' speculative and conclusory allegations are sufficient to survive City Defendants' Motion to Dismiss, the Court would have to make a series of <em>unreasonable</em> inferences.</p>
<p>For example, Plaintiffs assert that the de-platforming decisions were made because of Commissioner Tisch's statements on December 17, 2024. For the Commissioner's speech to have the outsized effect that Plaintiffs claim it did, one might expect that all the de-platforming decisions were made after the December Press Conference. But, according to Plaintiffs, their "main Instagram account was permanently banned" a day before Commissioner Tisch said anything about Plaintiffs publicly.</p>
<p>One also might expect there to be some allegation that Instagram, TikTok, YouTube, Shopify, or other platform providers were directed to disable Plaintiffs' accounts, or at least that they provided some pretextual reason for the decisions. Plaintiffs allege neither. In fact, they concede that the platforms explained their decisions were based not on the Commissioner's or the City's say-so, but on the platforms' own internal policies or decisions from "its banking partners, including Mastercard and Visa." In that case, one might expect, if nothing else, that there would be some allegation that the platform providers saw or knew about Plaintiffs' playing cards, or Commissioner Tisch's statements. But there are no such allegations in the Amended Complaint&hellip;.</p></blockquote>
<p>The court also rejected plaintiffs' claims that Commissioner Tisch violated their federal constitutional rights by, essentially, defaming them in a way that imposed "a material state-imposed burden or state-imposed alteration of [their] status or rights" (to oversimplify slightly). The court concluded, among other things, that plaintiffs' hadn't "plausibly allege[d] defamation":</p>
<blockquote><p>The first allegedly defamatory statement Plaintiffs highlight is that Commissioner Tisch "falsely described [Plaintiffs'] playing cards as a 'hit list.'" However, based on the Court's review of the entirety of the December Press Conference, Commissioner Tisch does not use the term "hit list" once during her address&hellip;.</p>
<p>Plaintiffs also allege that Commissioner Tisch made defamatory statements &hellip; when, while holding up a copy of the December 16, 2024, New York Post, she said: "Yesterday the New York Post reported that some extreme activists were circulating a deck of cards with other Most Wanted CEOs to be targeted for assassination." Plaintiffs take issue with two parts of that statement. They object to Commissioner Tisch's use of the term "extreme activists," and they object to her assertion that the so-called activists were "circulating a deck of cards with other Most Wanted CEOs to be targeted for assassination." &hellip;</p>
<p>First, the Commissioner's description of certain individuals as "extreme activists" is not defamatory because it is nonactionable opinion. "New York law protects derogatory statements which may be categorized as 'opinion' as opposed to 'fact.'" &hellip;</p>
<p>At the December Press Conference, after summarizing an uptick of "shocking and appalling celebration[s] of cold-blooded murder" in the wake of the Thompson homicide, Commissioner Tisch used the phrase "some extreme activists" to describe a subset of individuals who "were circulating a deck of cards with other Most Wanted CEOs to be targeted for assassination," Here, it is clear that "extreme activists" is an expression of the Commissioner's opinion, not fact. When analyzed in context, the term is used as an insult, a denigration of those who make light of tragedy. It is not an official edict, nor is it "precise, unambiguous [or] definite." Moreover, because the term was "accompanied by a recitation of the facts upon which it [was] based," it is pure opinion. When considered in context, it is merely an epithet and "hyperbole and therefore not actionable opinion."</p>
<p>Even if "extreme activists" was not an expression of Commissioner Tisch's view of individuals capitalizing on the homicide of Mr. Thompson, it is not defamatory because it is substantially true&hellip;. Recall that, in context, "extreme activists" was used, among other things, to describe individuals who "were circulating a deck of cards with other Most Wanted CEOs to be targeted for assassination." That is substantially true based on Plaintiffs' own allegations. Harr is a self-described "activist and political artist." Plaintiffs concede that their designs were well-received and garnered positive attention from their followers on social media&hellip;.</p>
<p>As for the second component of the Commissioner's statement—that individuals "were circulating a deck of cards with other Most Wanted CEOs to be targeted for assassination"—the same point applies. This part of the statement may not be completely true, but it need not be, as long as "the overall gist or substance of the challenged statement is true." Given the context of the December Press Conference and the circumstances surrounding it, the Court concludes that describing Plaintiffs' product as "a deck of cards with other Most Wanted CEOs to be targeted for assassination" captures the "overall gist."</p>
<p>As a preliminary matter, the entire project was inspired by the "Iraqi Most Wanted" cards issued to soldiers in 2003 to help them identify key members of Saddam Hussein's inner circle. This inspiration is apparent in the cards themselves, which, as depicted in the Article, include imagery reminiscent of shooting-range targets. Moreover, the print edition of the Article draws a not-so-subtle connection between Plaintiffs' cards and a "twisted card game to hunt down CEOs."</p>
<p>The fact that Commissioner Tisch did not explicitly mention Plaintiffs' disclaimers renders her statements not "completely true," but it does not mean that "the overall gist" of her statement is demonstrably false. Taken together, "the full context of the communication in which the statement appears," and "the broader social context or setting surrounding the communication," an individual could arrive at the same conclusion Commissioner Tisch did. Accordingly, the Commissioner's description of the playing cards was substantially true&hellip;.</p>
<p>Commissioner Tisch's third statement, which characterizes social media threats against executives in the wake of the Thompson homicide as "the threats of a lawless, violent mob" &hellip; is nonactionable opinion&hellip;.</p></blockquote>
<p>Given that the federal claims were dismissed, the court left the purely state law claims (including a defamation claim) to state courts.  For more on that, and on the claims related to the seizure of the materials, see the <a href="https://storage.courtlistener.com/recap/gov.uscourts.nyed.530373/gov.uscourts.nyed.530373.41.0.pdf">full opinion</a>. Plaintiffs had also sued the <em>N.Y. Post</em>, but dropped those claims.</p>
<p>Gregory J.O. Accarino represents Commissioner Tisch and the city.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/19/court-rejects-first-amendment-claims-against-nypd-commissioner-brought-by-most-wanted-ceos-card-makers/">Court Rejects First Amendment Claims Against NYPD Commissioner Brought by &quot;Most Wanted CEOs&quot; Card Makers</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Pennsylvania Family Says the DEA Battered Down Their Door While Raiding the Wrong Home			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/pennsylvania-family-says-the-dea-battered-down-their-door-while-raiding-the-wrong-home/" />
		<id>https://reason.com/?p=8382543</id>
		<updated>2026-05-19T19:28:13Z</updated>
		<published>2026-05-19T19:28:13Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="DEA" /><category scheme="https://reason.com/latest/" term="Federal Agencies" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Pennsylvania" />		<summary type="html"><![CDATA[The family is suing the federal agency and their local police department for violating their Fourth Amendment rights.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/pennsylvania-family-says-the-dea-battered-down-their-door-while-raiding-the-wrong-home/">
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		<p><span style="font-weight: 400;">A Pennsylvania family is </span><a href="https://natlawreview.com/press-releases/federal-lawsuit-filed-over-alleged-dea-and-lower-makefield-police-wrong"><span style="font-weight: 400;">suing</span></a><span style="font-weight: 400;"> the federal government, Drug Enforcement Administration officers, and their local police department, claiming the parties violated their Fourth Amendment rights when officers mistakenly raided their home.</span></p>
<p><span style="font-weight: 400;">According to the <a href="https://reason.com/wp-content/uploads/2026/05/McLaughlinLawsuit.pdf">federal civil rights lawsuit</a> filed in the U.S. District Court for the Eastern District of Pennsylvania, the McLaughlin family was awoken by "repeated, forceful banging" on the front door of their Bucks County home around 4:30 a.m. on May 16, 2024. Resident Robert McLaughlin claims he was startled by the loud noise downstairs. Fearing for his family's safety, he allegedly "shouted towards the front door in an attempt to scare off the intruders."</span></p>
<p><span style="font-weight: 400;">Officers then used a "battering ram" to breach the front door and dragged McLaughlin into the front yard, pointing assault rifles directly at him and forcing him into handcuffs, "all while still being undressed," according to the lawsuit. McLaughlin also alleges officers forced his wife and children out of the home and into the front yard in their pajamas and underwear, where they saw him being detained. McLaughlin claims he "attempted to deescalate the situation by not only identifying himself, but also stating his address, several times."</span></p>
<p><span style="font-weight: 400;">According to </span><a href="https://www.inquirer.com/crime/lower-makefield-police-mistaken-address-raid-lawsuit-20260515.html"><i><span style="font-weight: 400;">The Philadelphia Inquirer</span></i></a>, <span style="font-weight: 400;">which reported the story on Friday, the raid was targeting Jose Correa, a man who federal prosecutors say "was a member of a New Jersey-based drug ring that spread the drugs under the orders of the Latin Kings street gang." His trial is "pending in federal court" in Newark, New Jersey, the</span><i><span style="font-weight: 400;"> Inquirer </span></i><a href="https://www.inquirer.com/crime/lower-makefield-police-mistaken-address-raid-lawsuit-20260515.html"><span style="font-weight: 400;">reports</span></a><span style="font-weight: 400;">. According to the lawsuit, officers intended to execute a warrant for Correa at 905 Morgan Drive, a different address from the McLaughlin residence.</span></p>
<p><span style="font-weight: 400;">Wrongful </span><a href="https://reason.com/2024/03/21/texas-swat-team-held-innocent-family-at-gunpoint-after-raiding-the-wrong-home/"><span style="font-weight: 400;">home raids</span></a><span style="font-weight: 400;"> by law enforcement are nothing new. For instance, in 2022, </span><a href="https://reason.com/2024/02/02/texas-cops-held-a-terrified-couple-at-gunpoint-after-raiding-the-wrong-house/"><span style="font-weight: 400;">Texas cops</span></a><span style="font-weight: 400;"> entered the wrong house and held a couple at gunpoint in the middle of the night. Also in Texas, cops </span><a href="https://reason.com/2021/07/30/qualified-immunity-police-drug-raid-texas-lucil-basco/"><span style="font-weight: 400;">raided</span></a> <span style="font-weight: 400;">a home based on faulty info, realized they had the wrong address, and continued the operation anyway. Between 2017 and 2020, Chicago police accidentally raided homes at least 21 times, </span><a href="https://reason.com/2023/06/30/chicago-police-raided-at-least-21-wrong-houses/"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to an inspector general report.</span></p>
<p><span style="font-weight: 400;">One family's "nightmare scenario" </span><a href="https://reason.com/2025/04/08/supreme-court-takes-up-wrong-house-raids/"><span style="font-weight: 400;">made it all the way to the Supreme Court last year</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">In 2017, the FBI burst into the home of Georgia woman Curtrina Martin. Agents handcuffed her then-fiancé, Hilliard Toi Cliatt, while they held Martin at gunpoint and "</span><a href="https://reason.com/2024/08/08/the-fbi-raided-this-innocent-womans-house-will-she-ever-get-justice/"><span style="font-weight: 400;">screamed</span></a><span style="font-weight: 400;">" at her. "But law enforcement </span><span style="font-weight: 400;">would not find who they were looking for there</span><span style="font-weight: 400;">," </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s Billy Binion <a href="https://reason.com/2025/06/12/the-fbi-raided-this-innocent-georgia-familys-home-the-supreme-court-just-revived-their-lawsuit/">explained</a> at the time, "because that suspect, Joseph Riley, lived in a nearby house on a different street."</span></p>
<p><span style="font-weight: 400;">The family attempted to sue the federal government under the Federal Tort Claims Act (FTCA), which allows citizens to bring certain tort claims against the federal government. The federal district court and the 11th Circuit Court of Appeals </span><a href="https://ij.org/case/martin-v-united-states/listeners-guide-to-martin-v-us/"><span style="font-weight: 400;">dismissed</span></a><span style="font-weight: 400;"> their case, holding that the Supremacy Clause—which asserts that federal law takes precedence over state law—barred the family from bringing the suit, according to the Institute for Justice, a public interest law firm that represented the family. In a </span><a href="https://nclalegal.org/press_release/in-ncla-amicus-win-supreme-court-revives-innocent-familys-suit-over-fbis-wrong-house-raid/"><span style="font-weight: 400;">9–0 ruling</span></a><span style="font-weight: 400;"> last June, the Supreme Court ruled that the Supremacy Clause did not prevent Martin from suing the federal government and sent her case back to the lower court, </span><a href="https://www.scotusblog.com/2025/06/supreme-court-allows-familys-suit-against-government-for-wrong-house-raid-to-continue/"><span style="font-weight: 400;">reported</span></a> <i><span style="font-weight: 400;">SCOTUSblog.</span></i><span style="font-weight: 400;"> Still, the Supreme Court found that </span><a href="https://www.scotusblog.com/cases/martin-v-united-states-2/"><span style="font-weight: 400;">key exceptions</span></a><span style="font-weight: 400;"> to the FTCA could still apply in Martin's case, depending on the 11th Circuit's findings.</span></p>
<p><span style="font-weight: 400;">The McLaughlins are suing under the same law—the FTCA—"for the negligent and wrongful acts and omissions of employees of the United States."</span></p>
<p><span style="font-weight: 400;">Brian Fritz, the McLaughlins' lawyer, tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that his clients' rights "exist for a reason, and when they're not observed by those acting under law enforcement, something should be done about it."</span></p>
<p><span style="font-weight: 400;">Fritz says a jury would determine any damages owed to the family. For now, what is most important to his clients, he says, is ensuring that this does not happen to another family. </span></p>
<p>The post <a href="https://reason.com/2026/05/19/pennsylvania-family-says-the-dea-battered-down-their-door-while-raiding-the-wrong-home/">Pennsylvania Family Says the DEA Battered Down Their Door While Raiding the Wrong Home</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Adani Samat. Photo: DEA]]></media:credit>
		<media:description type="html"><![CDATA[An orange background with a photo of men wearing DEA bulletproof vests entering a home]]></media:description>
		<media:title><![CDATA[DEA-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jason Russell</name>
							<uri>https://reason.com/people/jason-russell/</uri>
						<email>jason.russell@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Congressional Black Caucus Opposes a College Sports Bill Because of Gerrymandering			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/the-congressional-black-caucus-opposes-a-college-sports-bill-because-of-gerrymandering/" />
		<id>https://reason.com/?p=8382512</id>
		<updated>2026-05-19T16:26:13Z</updated>
		<published>2026-05-19T16:30:41Z</published>
			<category scheme="https://reason.com/latest/" term="Capitalism" /><category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Online Gambling" /><category scheme="https://reason.com/latest/" term="Redistricting" /><category scheme="https://reason.com/latest/" term="Senate" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="betting" /><category scheme="https://reason.com/latest/" term="betting markets" /><category scheme="https://reason.com/latest/" term="Gambling" /><category scheme="https://reason.com/latest/" term="Gerrymandering" /><category scheme="https://reason.com/latest/" term="NCAA" />		<summary type="html"><![CDATA[Plus: NCAA reform legislation on hold in Congress, the Senate discusses betting and sporting integrity, and private equity in youth sports]]></summary>
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		<p><span style="font-weight: 400;">Hello and welcome to another edition of </span><i><span style="font-weight: 400;">Free Agent</span></i><span style="font-weight: 400;">! Take a seat and </span><a href="https://x.com/arsenalsmccabe/status/2056050889983431148"><span style="font-weight: 400;">crack open a beer</span></a><span style="font-weight: 400;">, because summer is here (where I live, anyway).</span></p>
<p><span style="font-weight: 400;">It's Sports Week on Capitol Hill, apparently. Typically we try to discuss news happening all across the country or world, but this week all the expected collisions of sports and politics are happening on a small bump of land in Washington, D.C. We've got to cover college sports, sports betting, and youth sports, so let's get to it.</span></p>
<p><span style="font-weight: 400;"></span></p>
<h1><b>Locker Room Links</b></h1>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">UFC President Dana White wants President Donald Trump (and Congress, presumably) to </span><a href="https://x.com/DustinGouker/status/2054584887919903130"><span style="font-weight: 400;">undo a tax change in the One Big Beautiful Bill Act that is hurting gamblers</span></a><span style="font-weight: 400;">. It's one of </span><a href="https://x.com/LauraEWeiss16/status/2054320123972882641"><span style="font-weight: 400;">several sports-related tax changes</span></a><span style="font-weight: 400;"> the House Ways and Means Committee might soon consider.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Good on the NHL for cracking down: The Vegas Golden Knights </span><a href="https://www.espn.com/nhl/story/_/id/48781060/golden-knights-lose-pick-coach-fined-boxing-media"><span style="font-weight: 400;">lost their second-round draft pick</span></a><span style="font-weight: 400;"> and the head coach was fined $100,000 for media violations after knocking the Anaheim Ducks out of the playoffs. The Knights didn't allow media into the locker room after the game, and coach John Tortorella didn't speak to reporters.</span></li>
<li style="font-weight: 400;" aria-level="1"><a href="https://x.com/sportsrapport/status/2054253420685476142"><span style="font-weight: 400;">The weekly NFL schedule is getting spread out</span></a><span style="font-weight: 400;"> as more games get standalone windows—some people are sad about this, but as an out-of-market NFL fan I'm in favor of the Lions getting as many national night games as possible.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The latest trend in sports stadia is mixed-use development—now </span><a href="https://www.nytimes.com/athletic/7271577/2026/05/12/college-football-mixed-use-stadium-districts-revenue/?source=user_shared_article&amp;unlocked_article_code=1.iFA.jrjp.EeTOvUAWNgoe"><span style="font-weight: 400;">colleges are getting into stadium-related development</span></a><span style="font-weight: 400;"> too.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Another sports show is entering the streaming arena: Will Ferrell plays </span><a href="https://www.youtube.com/watch?v=ga8bJyvnSYs"><span style="font-weight: 400;">an obnoxious, aging golfer trying to get his game back</span></a><span style="font-weight: 400;"> in </span><i><span style="font-weight: 400;">The Hawk</span></i><span style="font-weight: 400;"> on Netflix.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Elsewhere in </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">: "</span><a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/"><span style="font-weight: 400;">Samurai vs. Squatters: On the Street With the Hired Swords Reclaiming California Property Owners' Stolen Homes</span></a><span style="font-weight: 400;">"</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;"><span style="font-weight: 400;">Novel idea!</span></span><br />
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The whole &quot;save college sports&quot; movement is rooted in the myth that NIL is going to force schools to cut Olympic sports.</p>
<p>As Arkansas found out, like Stanford and others before them, these sports all have alumni who care deeply about those programs and stepped up to fund them. <a href="https://t.co/tDWq4qDp1i">https://t.co/tDWq4qDp1i</a></p>
<p>&mdash; Stewart Mandel (@slmandel) <a href="https://twitter.com/slmandel/status/2054990985747468588?ref_src=twsrc%5Etfw">May 14, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></li>
</ul>
<h1><b>Will Gerrymandering Bring Down the NCAA?</b></h1>
<p><span style="font-weight: 400;">The NCAA has been asking Congress to regulate college sports for </span><a href="https://www.espn.com/college-sports/story/_/id/28324530/ncaa-president-mark-emmert-meets-legislators-demand-changes-rules-grows"><span style="font-weight: 400;">over six years now</span></a><span style="font-weight: 400;">, and was hoping this week would mark a major milestone. The SCORE Act was supposed to come up for a vote in the House of Representatives this week—but </span><a href="https://sports.yahoo.com/articles/major-bill-regulate-ncaa-pays-040001964.html"><span style="font-weight: 400;">just as in December</span></a><span style="font-weight: 400;">, it was pulled from the floor due to lackluster support.</span></p>
<p><span style="font-weight: 400;">Just a few hours before the vote was postponed indefinitely, the bill apparently hit a major roadblock when the Congressional Black Caucus and its 54 voting members in the House announced unanimous opposition to the SCORE Act—because the SEC, ACC, and NCAA aren't talking enough about gerrymandering and redistricting. Yes, really.</span></p>
<p><span style="font-weight: 400;">"The Congressional Black Caucus cannot support legislation benefiting major athletic institutions that continue to remain silent while Black voting rights and Black political power are being systematically dismantled across the South," </span><a href="https://cbc.house.gov/news/documentsingle.aspx?DocumentID=3184"><span style="font-weight: 400;">their statement said</span></a><span style="font-weight: 400;">. "The Congressional Black Caucus has transmitted formal letters to SEC Commissioner Greg Sankey, ACC Commissioner James J. Phillips, Ph.D., and NCAA President Charlie Baker demanding immediate engagement and a public response regarding the ongoing assault on Black political representation throughout the South and across the nation."</span></p>
<p><span style="font-weight: 400;">To be fair, I am no fan of the <a href="https://reason.com/2026/04/22/virginias-grotesque-gerrymander-and-the-bipartisan-death-of-redistricting-reform/">tit-for-tat gerrymandering that both sides of the aisle</a> have been doing for the past year. But that wouldn't affect my opinion on a completely unrelated bill to reform college sports.</span></p>
<p><a href="https://www.congress.gov/bill/119th-congress/house-bill/4312/text"><span style="font-weight: 400;">The SCORE Act</span></a><span style="font-weight: 400;"> would not upend college sports as we know them—your alma mater's teams would still stink, sorry. Some of the status quo would be solidified, especially on rules governing name, image, and likeness (NIL) payments. Athletes would not be classified as employees, and thus not eligible for collective bargaining. Transfers would be modestly restricted, but not by much: Athletes would have to spend an entire academic year at their school before transferring. Eligibility rules would be tightened: Anyone who's ever gone pro would be unable to return to Division I sports (<a href="https://www.cbssports.com/college-basketball/news/rj-luis-jr-signs-lsu-will-wade/">perhaps former G-Leaguer R.J. Luis will sneak in</a>), and general eligibility would be capped at five years, based on age (the age aspect could </span><a href="https://www.collegehockeynews.com/news/2026/04/24_College-Hockey-Bracing-For.php"><span style="font-weight: 400;">upend college hockey</span></a><span style="font-weight: 400;"> as an NHL pipeline).</span></p>
<p><span style="font-weight: 400;">The NCAA is hoping this legislation will pass because various court decisions over the last decade basically told them the old ways the NCAA wanted to run college sports were illegal. Transfer restrictions? Illegal. Eligibility rules? Illegal. Even if Congress thinks the SCORE Act would settle these questions once and for all, it's just going to lead to more lawsuits (billable hours remain undefeated). What's awkward is that the NCAA has spent the last few weeks making decisions that are </span><a href="https://reason.com/2026/05/12/the-ncaa-is-making-unpopular-decisions-at-exactly-the-wrong-time/"><span style="font-weight: 400;">unpopular with their fans</span></a><span style="font-weight: 400;">—namely, playoff expansion in basketball and football. But maybe that's part of the point: The more broken the NCAA looks, the more people might clamor for legislation that will, supposedly, fix it.</span></p>
<p><span style="font-weight: 400;">For the time being, though, the SCORE Act isn't going anywhere. The good news for the NCAA is that there's a bipartisan bill </span><a href="https://x.com/RossDellenger/status/2056552847047901383"><span style="font-weight: 400;">rumored to be in the works</span></a><span style="font-weight: 400;"> by Sens. Ted Cruz (R–Texas) and Maria Cantwell (D–Wash.). The contents of that rumored Senate bill are unclear, but </span><a href="https://www.cbssports.com/college-football/news/senate-bill-white-house-college-sports-reform-ncaa/"><span style="font-weight: 400;">according to CBS Sports</span></a><span style="font-weight: 400;">, it will try to implement a stricter cap on NIL payments per school. That would be at least the </span><a href="https://soaringtoglory.com/new-senate-bill-could-lead-collective-bargaining-changing-college-sports-forever"><span style="font-weight: 400;">fourth</span></a> <a href="https://www.paul.senate.gov/dr-rand-paul-introduces-collegiate-sports-integrity-act/"><span style="font-weight: 400;">bill</span></a><span style="font-weight: 400;"> in the Senate that attempts to fix the NCAA, including one </span><a href="https://www.schmitt.senate.gov/media/press-releases/senators-schmitt-cantwell-announce-groundbreaking-draft-bipartisan-bill-to-help-fix-college-sports/"><span style="font-weight: 400;">earlier, more narrow bipartisan effort involving Cantwell</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Anything is possible, even on Capitol Hill, and there's plenty of energy behind a </span><i><span style="font-weight: 400;">just do something!</span></i><span style="font-weight: 400;"> attitude on college sports. But things move slowly in Congress, and come January 1, bills expire and new members come into town with their own ideas of how things should go. The NCAA is running out of time for congressional help, and, of all things, its deafening "silence" on gerrymandering appears to be a new obstacle.</span></p>
<h1><b>Congress Talking About Thinking About Doing Something</b></h1>
<p><span style="font-weight: 400;">Meanwhile, the Senate Subcommittee on Consumer Protection, Technology, and Data Privacy is holding a hearing on Wednesday morning, entitled "No Sure Bets: Protecting Sports Integrity in America." (</span><a href="https://www.commerce.senate.gov/meetings/no-sure-bets-protecting-sports-integrity-in-america/"><span style="font-weight: 400;">You can watch here</span></a><span style="font-weight: 400;">, but this is not going to be the real game of the week.) Based on its name, it seems safe to assume </span><i><span style="font-weight: 400;">just do something!</span></i><span style="font-weight: 400;"> will be the prevailing mood of the hearing.</span></p>
<p><span style="font-weight: 400;">The hearing is inspired by the recent game-fixing scandals in American sports—most notably the scandals involving </span><a href="https://reason.com/2025/10/23/nba-betting-scandal-shows-how-legalized-gambling-actually-helps-root-out-corruption/"><span style="font-weight: 400;">NBA player Terry Rozier</span></a><span style="font-weight: 400;"> and </span><a href="https://www.justice.gov/usao-edny/pr/two-current-major-league-baseball-players-charged-sports-betting-and-money-laundering"><span style="font-weight: 400;">MLB pitcher Emmanuel Clase</span></a><span style="font-weight: 400;">, which were detected and resulted in federal charges. The </span><a href="https://www.commerce.senate.gov/press/rep/release/commerce-committee-announces-upcoming-hearing-on-sports-betting/"><span style="font-weight: 400;">witnesses</span></a><span style="font-weight: 400;"> include the head of the American Gaming Association (pro–sports betting, anti–prediction markets), a former GOP congressman who's now a "senior advisor" to The Coalition for Prediction Markets, a gambling counselor who says there's a gambling "</span><a href="https://www.harrylevant.com/"><span style="font-weight: 400;">public health crisis</span></a><span style="font-weight: 400;">," the head of Tennessee's sports betting regulator, and the co-CEO of Integrity Compliance 360 (a company that flags suspicious bets for possible match-fixing or insider trading).</span></p>
<p><span style="font-weight: 400;">The hearing might not result in any kind of legislation—it may just be yet another chance for politicians to get on camera and get a soundbite in on whatever their opinion may be.</span></p>
<h1><b>Private Equity and the 'Travel Team Trap'</b></h1>
<p><span style="font-weight: 400;">Admittedly, I have not been personally exposed to the alleged evils of private equity in youth sports, although I've seen stories about changes that have made me think "I would probably not want to give that organization my money anymore." Sen. Chris Murphy (D–Conn.) and Rep. Chris Deluzio (D–Pa.) have a </span><a href="https://www.murphy.senate.gov/imo/media/doc/let_kids_play_act_bill_text.pdf"><span style="font-weight: 400;">new bill</span></a><span style="font-weight: 400;"> to make sure no one can give any money to private equity in youth sports, because the bill would ban private equity firms from getting involved in youth sports in almost any way: leagues, facilities, tournaments, and player platforms (which leaves equipment and uniforms, I guess). Private equity would have two years to get out of youth sports.</span></p>
<p><span style="font-weight: 400;">The private equity firms, naturally, say they're saving leagues and venues from closing altogether, while parents say they're getting hit with higher costs and more restrictive rules. "We are growing youth hockey at four times the national rate, providing free and low-cost programs and letting more kids play by saving and revitalizing ice rinks," a spokesperson for Black Bear, a private firm that runs youth hockey leagues and tournaments, </span><a href="https://www.usatoday.com/story/news/politics/2026/05/13/private-equity-youth-sports-federal-bill/90051854007/"><span style="font-weight: 400;">told </span><i><span style="font-weight: 400;">USA Today</span></i></a><span style="font-weight: 400;">. Murphy's son plays in a Black Bear-run league, which sounds awkward for everyone involved.</span></p>
<p><span style="font-weight: 400;">Private equity makes for an easy bogeyman, especially in a sacred space like youth sports. But parents who are perturbed by what my friend </span><a href="https://thelampmagazine.com/issues/issue-22/the-travel-team-trap"><span style="font-weight: 400;">Timothy P. Carney calls the "travel team trap"</span></a><span style="font-weight: 400;"> are always free to exit instead. Kids should play sports as long as they're having fun, and as long as their parents are having fun instead of thinking about the cost. Parenting is hard—kids and parents are never going to get everything they want. A ban on private equity in youth sports isn't going to solve all the problems.</span></p>
<h1><b>Replay of the Week</b></h1>
<p><span style="font-weight: 400;">The only guarantees in life are death, taxes, and the New York Yankees fumbling away 5–10 important games a year because of bad fielding.</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">METS WALK OFF THE YANKEES TO TAKE THE SERIES <a href="https://t.co/XLHEsks7TH">pic.twitter.com/XLHEsks7TH</a></p>
<p>&mdash; Talkin&#39; Baseball (@TalkinBaseball_) <a href="https://twitter.com/TalkinBaseball_/status/2056116355426926858?ref_src=twsrc%5Etfw">May 17, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><span style="font-weight: 400;">That's all for this week. Enjoy watching the real event of the weekend, the </span><a href="https://reason.com/2026/01/13/the-company-behind-the-steroid-olympics-wants-to-make-enhanced-pro-athletes-mainstream-and-amateurs-too/"><span style="font-weight: 400;">Enhanced Games</span></a><span style="font-weight: 400;"> (</span><a href="https://www.enhanced.com/newsroom/how-to-watch-enhanced-games-2026"><span style="font-weight: 400;">streaming all evening long on Sunday</span></a><span style="font-weight: 400;">, with the main events starting at 9 p.m. Eastern).</span></p>
<p>The post <a href="https://reason.com/2026/05/19/the-congressional-black-caucus-opposes-a-college-sports-bill-because-of-gerrymandering/">The Congressional Black Caucus Opposes a College Sports Bill Because of Gerrymandering</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Bill Clark CQ Roll Call/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Eight members of the Congressional Black Caucus stand next to each other at a press conference, with chair Rep. Yvette Clark standing at the lectern.]]></media:description>
		<media:title><![CDATA[Black-Caucus-5-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump Settles His Own Lawsuit Against the IRS for $1.8 Billion of Your Money			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/" />
		<id>https://reason.com/?p=8382291</id>
		<updated>2026-05-19T16:03:32Z</updated>
		<published>2026-05-19T16:15:54Z</published>
			<category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="IRS" /><category scheme="https://reason.com/latest/" term="Settlements" /><category scheme="https://reason.com/latest/" term="Treasury" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The government says the money will go to a fund for those "who suffered weaponization and lawfare," but it's more likely a slush fund for Trump and his cronies.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">
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		<p>This week, President Donald Trump agreed to drop his lawsuit against the IRS, and in exchange the government would set up a fund for victims of overly aggressive federal law enforcement actions. But the entire affair reeks of corruption, and the money is most likely to become a slush fund for Trump and his cronies.</p>
<p>"The U.S. Department of Justice today announced that as a part of the settlement agreement in <em>President Donald J. Trump v. Internal Revenue Service, </em>the Attorney General established 'The Anti-Weaponization Fund' to provide a systematic process to hear and redress claims of others who suffered weaponization and lawfare," according to a DOJ <a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund">press release</a>. It would receive $1.776 billion from the <a href="https://fiscal.treasury.gov/payments-from-government/judgment-fund">Judgment Fund</a>, an intragovernmental account funded by taxpayer money that <a href="https://fiscal.treasury.gov/payments-from-government/judgment-fund/about">pays out</a> claims against the government.</p>
<p>"The machinery of government should never be weaponized against any American, and it is this Department's intention to make right the wrongs that were previously done while ensuring this never happens again," said Acting Attorney General Todd Blanche. "As part of this settlement, we are setting up a lawful process for victims of lawfare and weaponization to be heard and seek redress."</p>
<p>The case originated in January, when Trump sued the IRS and the Department of the Treasury. In 2020, <em>The New York Times</em> <a href="https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html">reported</a> on the contents of Trump's tax returns, which the authors said "reveal the hollowness, but also the wizardry, behind the self-made-billionaire image."</p>
<p>According to a 2023 Department of Justice <a href="https://www.justice.gov/criminal/media/1318931/dl?inline">indictment</a>, the <em>Times</em>' source was IRS contractor Charles Littlejohn, whom a federal judge later <a href="https://www.cnn.com/2024/01/29/politics/charles-littlejohn-trump-taxes-leak">sentenced</a> to five years in prison.</p>
<p>In his <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">lawsuit</a>, Trump sought $10 billion in damages, claiming the IRS "had a duty to safeguard and protect [his] confidential tax returns" and "failed to take&hellip;mandatory precautions."</p>
<p>But this was an awkward ask: As the sitting president, Trump was effectively negotiating on both sides of the table.</p>
<p>"For a lawsuit to be valid, the two parties must actually be on opposite sides; otherwise, the judge can throw out the case," <em>The New York Times</em> <a href="https://www.nytimes.com/2026/05/12/business/trump-suit-irs.html">reported last week</a>.</p>
<p>The presiding judge in the case had the same concern. "Although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction," Judge Kathleen Williams of the U.S. District Court for the District of Florida <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0_2.pdf">wrote in an order</a> last month. "Accordingly, it is unclear to this Court whether the Parties are sufficiently adverse to each other."</p>
<p>Williams <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.43.0_3.pdf">appointed</a> six attorneys, unrelated to the case, to weigh in. The <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.45.0.pdf">resulting memo</a>, filed last week, did not make a definitive determination, but its tone was decidedly skeptical.</p>
<p>The attorneys noted that all the principal players involved—the secretary of the Treasury, the attorney general, and the commissioner of the IRS—are appointed by the president, who may fire them at any time. They also noted objections to any sitting president suing his own government, much less one who demands such fealty from his subordinates.</p>
<p>"Since taking office, President Trump has significantly expanded the President's oversight and control over the Attorney General and DOJ, including in ways that blur the line between fidelity to the President's policy priorities and fidelity to the President himself," they wrote. "There is also reason to believe that the President is, in fact, exercising his control over the Defendants in this litigation. President Trump's own statements suggest that he believes he has control over the Defendants and the DOJ lawyers charged with defending this case."</p>
<p>As to the merits of the case itself, the attorneys noted that the government had already asserted multiple "substantial defenses" in related litigation. Last year, for example, the government <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.574467/gov.uscourts.mdd.574467.31.0.pdf">successfully argued</a> that under the doctrine of sovereign immunity, it was not liable for Littlejohn's actions. In addition, "DOJ has also successfully argued in a related case" that Trump "did not sufficiently plead damages traceable" to a criminal act. Further, Trump's claims "are based on conduct that occurred more than two years ago" and therefore may be outside the statute of limitations.</p>
<p>Other than the fact that Trump sat on both sides of the negotiating table, there was no reason at all for the government to take the lawsuit seriously, much less settle for nearly $2 billion of taxpayer money.</p>
<p>It seems clear that the settlement was timed to avoid judicial oversight. In her April order, Williams ordered attorneys for both Trump and the government to explain if there was "adverseness" sufficient to justify the court hearing the case. She set a deadline of May 20; the parties announced the settlement just two days before. And in the <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.52.0_5.pdf">motion</a> withdrawing his lawsuit, Trump said it "is self-executing, terminates the action upon filing, and divests the district court of jurisdiction," and further "does not require judicial action."</p>
<p>The Anti-Weaponization Fund's <a href="https://www.cbsnews.com/news/who-could-benefit-from-trumps-1-7-billion-weaponization-fund/">most likely</a> beneficiaries are the rioters who stormed the U.S. Capitol on January 6, 2021. Over the <a href="https://www.lawfaremedia.org/article/the-high-water-mark-of-the-jan.-6-prosecutions">following four years</a>, over 1,500 were arrested, and 1,270 were convicted, for attempting to prevent Congress from certifying the election Trump lost. Of the total arrests, 38 percent were charged with assaulting or impeding law enforcement.</p>
<p>Trump <a href="https://www.washingtonpost.com/national-security/2022/09/01/trump-jan-6-rioters-pardon/">vowed</a> that if reelected, he would grant the rioters "full pardons with an apology." He <a href="https://reason.com/2025/01/21/trumps-blanket-clemency-for-capitol-rioters-excuses-political-violence/">pardoned</a> the rioters on his first day back in office, wiping away their federal criminal convictions. And this week, the IRS <a href="https://www.documentcloud.org/documents/28132616-sdfl-settlement-signed/">settlement agreement</a> granted the Anti-Weaponization Fund the power to not only "issue monetary relief owed to claimants as a result of their legal rights" but also "to issue formal apologies."</p>
<p>But it's also possible that Trump could avail himself of some of that cash. The settlement agreement notes that Trump is still pursuing two other claims against the government, relating to the <a href="https://reason.com/2022/08/09/fbi-raids-mar-a-lago-fueling-claims-of-political-persecution/">2022 raid</a> on his Florida home "and the Russia-collusion hoax throughout his first term as President, and beyond." If Trump also decides to settle with himself in one of those other cases, there's no guarantee he won't seek a portion of the money—which, again, would come from taxpayers.</p>
<p>According to the DOJ, the fund would be administered by five members, with a three-person quorum required for any settlements. But it's not clear what oversight function this is supposed to serve: The attorney general appoints each member, and the president can remove any of them at any time without cause.</p>
<p>In fact, while it could be beneficial to have a dedicated form of recourse for anyone subjected to selective or vindictive prosecution by the federal government, it's clear Trump is only interested in rewarding his allies and correcting the perceived wrongs of the Biden administration: The settlement agreement notes that all claims must be received by December 2028, and all funds must be disbursed by January 1, 2029—Trump's final month in office.</p>
<p>But it's not as if weaponization is entirely a thing of the past. Right now, Trump's DOJ is <a href="https://reason.com/2026/04/29/the-james-comey-indictment-looks-like-vindictive-prosecution/">vindictively prosecuting</a> former FBI Director James Comey. After news broke of the Anti-Weaponization Fund, Comey facetiously <a href="https://x.com/NewsHour/status/2056501698173055077?s=20">asked</a>, "Do I get to apply?&hellip;<span class="css-1jxf684 r-bcqeeo r-1ttztb7 r-qvutc0 r-poiln3">If it's for people who have been targeted for reasons other than the normal standards of the Department of Justice, I'm ready to get in line."</span></p>
<p>"I say without hyperbole that this is the most brazenly corrupt action in US Presidential history," <a href="https://bsky.app/profile/ryanenos.bsky.social/post/3mm5flzkkgc2h">wrote</a> Harvard University government professor Ryan Enos. "That it does not immediately lead to impeachment is a dangerous sign of how far the rule of law has declined."</p>
<p>It appears that even members of the administration see the potential for abuse: Just hours after the fund was announced, Treasury Department general counsel Brian Morrissey <a href="https://www.nytimes.com/2026/05/18/business/anti-weaponization-fund-brian-morrissey-treasury.html">resigned</a>.</p>
<p>The post <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">Trump Settles His Own Lawsuit Against the IRS for $1.8 Billion of Your Money</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Sipa USA/Newscom/Oliver Contreras/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump superimposed against the Internal Revenue Service (IRS) building in Washington, D.C.]]></media:description>
		<media:title><![CDATA[trump-irs]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/filming-cops-is-a-first-amendment-right-the-feds-keep-harassing-people-for-it-anyway/" />
		<id>https://reason.com/?p=8382295</id>
		<updated>2026-05-18T19:03:50Z</updated>
		<published>2026-05-19T16:00:13Z</published>
			<category scheme="https://reason.com/latest/" term="Deportation" /><category scheme="https://reason.com/latest/" term="Excessive Force" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Protests" /><category scheme="https://reason.com/latest/" term="Qualified Immunity" /><category scheme="https://reason.com/latest/" term="War on Cameras" /><category scheme="https://reason.com/latest/" term="ACLU" /><category scheme="https://reason.com/latest/" term="Border patrol" /><category scheme="https://reason.com/latest/" term="Cameras" /><category scheme="https://reason.com/latest/" term="Customs agents" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Free Press" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Litigation" /><category scheme="https://reason.com/latest/" term="Search and Seizure" />		<summary type="html"><![CDATA[Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.]]></summary>
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		<p><span style="font-weight: 400;">Renée Good had just died. Hours after Immigration and Customs Enforcement (ICE) agent Jonathan Ross </span><a href="https://reason.com/2026/01/07/ice-shoots-and-kills-woman-in-minneapolis/"><span style="font-weight: 400;">fatally shot</span></a><span style="font-weight: 400;"> the Minneapolis protester on January 7, Kristi Noem, then the secretary of homeland security, </span><a href="https://www.rev.com/transcripts/noem-speaks-on-mn-ice-shooting"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> Good had been engaged in "domestic terrorism." She had "weaponize[d] her vehicle," Noem claimed, and "attempted to run a law enforcement officer over." President Donald Trump soon chimed in, </span><a href="https://perma.cc/LLH9-3KCY"><span style="font-weight: 400;">averring</span></a><span style="font-weight: 400;"> that Good "violently, willfully, and viciously ran over the ICE Officer" and that "it is hard to believe he is alive."</span></p>
<p><span style="font-weight: 400;">A couple of weeks later, a U.S. Border Patrol agent and a Customs and Border Protection (CBP) officer </span><a href="https://reason.com/2026/01/25/the-trump-administration-is-lying-about-gun-rights-and-the-death-of-alex-pretti/"><span style="font-weight: 400;">fatally shot</span></a><span style="font-weight: 400;"> another Minneapolis protester, Alex Pretti. Noem promptly </span><a href="https://www.facebook.com/reel/2396984887448890"><span style="font-weight: 400;">claimed</span></a><span style="font-weight: 400;"> that Pretti had been "brandishing" a gun and had "attacked those officers." A statement from the Department of Homeland Security (DHS) </span><a href="https://x.com/DHSgov/status/2015115351797780500?s=20"><span style="font-weight: 400;">portrayed</span></a><span style="font-weight: 400;"> him as a would-be murderer who "wanted to do maximum damage and massacre law enforcement." Sen. Markwayne Mullin (R–Okla.), who would later replace Noem as DHS secretary, echoed that assessment the day of the shooting, </span><a href="https://x.com/Acyn/status/2015245390082343176"><span style="font-weight: 400;">describing</span></a><span style="font-weight: 400;"> Pretti as "a deranged individual" who "came in to cause max damage."</span></p>
<p><span style="font-weight: 400;">Both of those narratives quickly collapsed under the weight of video evidence. Cellphone </span><a href="https://www.nytimes.com/video/us/100000010631041/minneapolis-ice-shooting-video.html"><span style="font-weight: 400;">footage</span></a><span style="font-weight: 400;"> of Good's encounter with Ross did not definitively confirm that she "clipped" him (as the </span><i><span style="font-weight: 400;">New York Post</span></i> <a href="https://nypost.com/2026/01/14/us-news/ice-agent-who-shot-renee-good-suffered-internal-bleeding-was-hospitalized-after-she-clipped-him-with-car-dhs/"><span style="font-weight: 400;">put it</span></a><span style="font-weight: 400;">). But it showed she did not actually run him over and suggested she was not trying to do so, since she was steering her car away from him and the other officers at the scene when he shot her. In Pretti's case, the </span><a href="https://www.nytimes.com/video/us/100000010668660/new-video-analysis-reveals-flawed-and-fatal-decisions-in-shooting-of-pretti.html"><span style="font-weight: 400;">videos</span></a><span style="font-weight: 400;"> showed he never "attacked" the officers or drew his holstered pistol, which he was licensed to carry. The officers </span><a href="https://reason.com/2026/01/29/dhs-retreats-from-the-claim-that-the-agents-who-killed-alex-pretti-faced-a-violent-riot/"><span style="font-weight: 400;">did not see the weapon</span></a><span style="font-weight: 400;"> until after they tackled Pretti, and he had been disarmed by the time the shooting started.</span></p>
<p><span style="font-weight: 400;">Those episodes highlighted the crucial role that bystander video can play in resolving questions about the use of force by law enforcement officers—a benefit that was already clear from nationally notorious incidents such as the 1991 beating of </span><a href="https://reason.com/1991/05/01/la-lawless/"><span style="font-weight: 400;">Rodney King</span></a><span style="font-weight: 400;"> in Los Angeles and the 2020 murder of </span><a href="https://reason.com/2020/05/26/minnesota-man-dies-after-video-shows-cop-pressing-knee-to-his-neck-for-nearly-8-minutes/"><span style="font-weight: 400;">George Floyd</span></a><span style="font-weight: 400;"> in Minneapolis. Such documentation is not just useful but constitutionally protected: Most federal appeals courts, including all that have squarely addressed the issue, have held that the First Amendment </span><a href="https://www.freedomforum.org/recording-law-enforcement/"><span style="font-weight: 400;">encompasses</span></a><span style="font-weight: 400;"> the freedom to record the public conduct of on-duty police officers.</span></p>
<p><span style="font-weight: 400;">That does not mean those officers are always inclined to recognize that right. A decade and a half after Radley Balko wrote a </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> story </span><a href="https://reason.com/2010/12/07/the-war-on-cameras/"><span style="font-weight: 400;">chronicling</span></a><span style="font-weight: 400;"> the war between camera-wielding observers and camera-shy cops, the latter are still </span><a href="https://www.youtube.com/watch?v=445yh0frtUQ"><span style="font-weight: 400;">threatening</span></a><span style="font-weight: 400;">, </span><a href="https://www.youtube.com/watch?v=GcFHh8dERWs"><span style="font-weight: 400;">assaulting</span></a><span style="font-weight: 400;">, </span><a href="https://reason.com/2019/11/11/dallas-transit-agency-pays-345000-to-settle-lawsuit-by-photographer-arrested-for-taking-pictures/"><span style="font-weight: 400;">arresting</span></a><span style="font-weight: 400;">, and </span><a href="https://www.youtube.com/watch?v=f3AsNtOSLpY"><span style="font-weight: 400;">forcibly interfering</span></a><span style="font-weight: 400;"> with the former.</span></p>
<p><span style="font-weight: 400;">The people in charge of law enforcement agencies are not necessarily any more enlightened. Noem </span><a href="https://reason.com/2026/01/08/you-have-the-right-to-record-ice/"><span style="font-weight: 400;">maintained</span></a><span style="font-weight: 400;"> that "videotaping" ICE officers is a form of "violence." Her underlings, who frequently </span><a href="https://www.spotlightpa.org/news/2026/01/ice-agents-kill-man-filming-minneapolis-immigration-federal-government/"><span style="font-weight: 400;">reacted</span></a><span style="font-weight: 400;"> to cellphones as if they were </span><a href="https://www.wired.com/story/how-to-film-ice/"><span style="font-weight: 400;">dangerous weapons</span></a><span style="font-weight: 400;">, seemed to be taking their cues from her.</span></p>
<p><span style="font-weight: 400;">Even after Noem was </span><a href="https://reason.com/2026/03/05/trump-fires-kristi-noem-from-dhs/"><span style="font-weight: 400;">fired</span></a><span style="font-weight: 400;"> on March 5, DHS harassment of observers recording immigration enforcement operations persisted. According to a lawsuit that the American Civil Liberties Union (ACLU) </span><a href="https://www.aclu.org/press-releases/memphis-residents-challenge-pattern-of-retaliation-for-recording-memphis-safe-task-force-agents"><span style="font-weight: 400;">filed</span></a><span style="font-weight: 400;"> on May 13, members of the Memphis Safe Task Force, which includes ICE agents, CBP officers, and U.S. marshals as well as Tennessee Highway Patrol (THP) officers, have systematically tried to deter activists from documenting their public conduct.</span></p>
<p><span style="font-weight: 400;">The ACLU's </span><a href="https://assets.aclu.org/live/uploads/2026/05/1.pdf"><span style="font-weight: 400;">complaint</span></a><span style="font-weight: 400;">, which describes incidents extending beyond Noem's tenure, says the intimidation tactics include photographing activists and their license plates, calling them out by name, using vehicles to box them in, surveilling their homes, shining bright lights at their phones and cameras, detaining and grilling them without reasonable suspicion, and threatening them with arrest. In one case, the ACLU says, a THP officer tackled an observer and arrested her, after which she spent 27 hours in jail.</span></p>
<p><span style="font-weight: 400;">Noem's equation of peaceful recording with violent aggression was no more accurate than the stories she told about Good and Pretti. But until the Supreme Court definitively upholds the right to record armed agents of the state as they earn their taxpayer-funded paychecks, law enforcement officers will have a license to continue treating that right as a crime.</span></p>
<h2><b>'The Right to Gather Information'</b></h2>
<p><span style="font-weight: 400;">The first circuit court victory for the right to record the police was also a defeat. James and Barbara Smith complained that cops in Cumming, Georgia, had prevented them from videotaping public police activity, thereby violating their First Amendment rights. U.S. District Judge Julie Carnes granted summary judgment for the city and its police chief, concluding that the right asserted by the Smiths did not exist. In the 2000 case </span><a href="https://media.ca11.uscourts.gov/opinions/pub/files/19998199.OPN.pdf"><i><span style="font-weight: 400;">Smith v. City of Cumming</span></i></a><span style="font-weight: 400;">, the U.S. Court of Appeals for the 11th Circuit disagreed. It nevertheless sided with the defendants.</span></p>
<p><span style="font-weight: 400;">"We agree with the Smiths that they had a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct," the 11th Circuit said. "The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest." In support of that proposition, the three-judge panel cited prior decisions by the 11th Circuit and other courts upholding the right to film public meetings or "matters of public interest" and recognizing that the right applies to all Americans, not just professional journalists.</span></p>
<p><span style="font-weight: 400;">"The district court erred in concluding that there was no First Amendment right," the 11th Circuit said. But "although the Smiths have a right to videotape police activities," the panel added, "they have not shown that the Defendants' actions violated that right." Exactly why the 11th Circuit reached the latter conclusion is not clear from the four-page opinion, which is short on details. </span></p>
<p><span style="font-weight: 400;">The appeals court noted the skimpiness of the </span><i><span style="font-weight: 400;">Smith</span></i><span style="font-weight: 400;"> panel's reasoning 21 years later in </span><a href="https://cases.justia.com/federal/appellate-courts/ca11/17-13526/17-13526-2021-04-20.pdf"><i><span style="font-weight: 400;">Crocker v. Beatty</span></i></a><span style="font-weight: 400;">, which involved a Florida man who was taking pictures of a fatal car crash while standing in the median of Interstate 95. Martin County Deputy Sheriff Steven Beatty grabbed James Crocker's cellphone and told him to leave, which Crocker refused to do until he got his phone back. As punishment for Crocker's disobedience, Beatty arrested him for "resisting an officer" and "left him in a hot patrol car for about 30 minutes."</span></p>
<p><span style="font-weight: 400;">Although Beatty showed little respect for the right that the 11th Circuit had recognized two decades earlier, the appeals court held that he was protected by qualified immunity, a doctrine that shields police officers from federal civil rights claims unless the plaintiff alleges a violation of "clearly established" law. "</span><i><span style="font-weight: 400;">Smith</span></i><span style="font-weight: 400;">'s declaration of a right to record police conduct came without much explanation," the appeals court said. "The dearth of detail about the contours of the right announced in </span><i><span style="font-weight: 400;">Smith </span></i><span style="font-weight: 400;">undermines any claim that it provides officers 'fair warning' under other circumstances."</span></p>
<p><span style="font-weight: 400;">As that case illustrates, vindicating "the right announced in </span><i><span style="font-weight: 400;">Smith</span></i><span style="font-weight: 400;">" can be a challenge even in circuits where that right has been acknowledged. But </span><i><span style="font-weight: 400;">Smith</span></i><span style="font-weight: 400;">, despite its "dearth of detail," started a trend. By 2023, eight of the 12 regional circuit courts had recognized a First Amendment right to record police.</span></p>
<h2><b>'You Have Taken Enough Pictures'</b></h2>
<p><span style="font-weight: 400;">Just as Beatty did not like it when Crocker took pictures of a car crash, Boston cops </span><a href="https://reason.com/2012/01/11/four-years-after-busting-a-guy-for-recor/"><span style="font-weight: 400;">did not like it</span></a><span style="font-weight: 400;"> when Simon Glik recorded an arrest. But unlike Crocker and the Smiths, Glik </span><a href="https://reason.com/2012/03/19/camera-crime/"><span style="font-weight: 400;">got a green light</span></a><span style="font-weight: 400;"> to sue the officers who were vexed by his videography.</span></p>
<p><span style="font-weight: 400;">On a Monday evening in October 2007, Glik was walking by the Boston Common when he saw three police officers arresting a young man. Glik stopped, he said, because he heard a bystander remark that the officers were hurting the arrestee. He began recording video of the encounter with his cellphone from about 10 feet away. After the suspect was in handcuffs, one of the cops turned to Glik and said, "I think you have taken enough pictures."</span></p>
<p><span style="font-weight: 400;">Glik corrected him: "I am recording this. I saw you punch him." When Glik confirmed that he was recording audio as well as video, the cops arrested him for violating a Massachusetts law against "wiretapping." Since that law applied only to surreptitious recordings, a municipal judge dismissed the charge, along with a charge of disturbing the peace. The fact that the officers "were unhappy they were being recorded during an arrest," the judge noted, "does not make a lawful exercise of a First Amendment right a crime."</span></p>
<p><span style="font-weight: 400;">But was Glik exercising a First Amendment right? Yes, a federal judge ruled after Glik </span><a href="https://reason.com/wp-content/uploads/2026/02/Glik-complaint-2010.pdf"><span style="font-weight: 400;">sued</span></a><span style="font-weight: 400;"> the cops who had arrested him on bogus charges. In the 1st Circuit, U.S. District Judge William G. Young said, "this First Amendment right publicly to record the activities of police officers on public business is established."</span></p>
<p><span style="font-weight: 400;">The U.S. Court of Appeals for the 1st Circuit agreed. "Is there a constitutionally protected right to videotape police carrying out their duties in public?" the appeals court asked in the 2011 case </span><a href="https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/10-1764P-01A.pdf"><i><span style="font-weight: 400;">Glik v. Cunniffe</span></i></a><span style="font-weight: 400;">. "Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."</span></p>
<p><span style="font-weight: 400;">The Supreme Court had made it clear that the First Amendment "encompasses a range of conduct related to the gathering and dissemination of information," the 1st Circuit noted. In the 1978 case </span><a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep438/usrep438001/usrep438001.pdf"><i><span style="font-weight: 400;">Houchins v. KQED</span></i></a><span style="font-weight: 400;">, for instance, the justices said "there is an undoubted right to gather news 'from any source by means within the law.'" As the 1st Circuit saw it, "the filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles."</span></p>
<p><span style="font-weight: 400;">That conclusion was consistent with the 1st Circuit's 1999 ruling in </span><a href="https://law.justia.com/cases/federal/appellate-courts/F3/193/14/477548/"><i><span style="font-weight: 400;">Iacobucci v. Boulter</span></i></a><span style="font-weight: 400;">, which involved a journalist who was arrested for filming in the hallway outside a public meeting of the Pembroke, Massachusetts, Historic District Commission. Although that case hinged on other legal issues, the decision noted that the videographer was exercising "his First Amendment rights." </span><i><span style="font-weight: 400;">Glik</span></i><span style="font-weight: 400;"> also cited "the decisions of numerous circuit and district courts" recognizing "a right to record matters of public interest," including "what public officials do on public property."</span></p>
<p><span style="font-weight: 400;">Like the 11th Circuit in </span><i><span style="font-weight: 400;">Smith</span></i><span style="font-weight: 400;">, the 1st Circuit said "the right to film is not without limitations" and "may be subject to reasonable time, place, and manner restrictions." But unlike the 11th Circuit in </span><i><span style="font-weight: 400;">Crocker</span></i><span style="font-weight: 400;">, the 1st Circuit said that right was clearly established, giving the officers who had arrested Glik "fair warning" that their conduct was unconstitutional. In fact, it said, "the brevity of the First Amendment discussion" in </span><i><span style="font-weight: 400;">Iacobucci</span></i><span style="font-weight: 400;"> and other appeals court decisions recognizing the right to record public officials "implicitly speaks to the fundamental and virtually self-evident nature of the First Amendment's protections in this area."</span></p>
<h2><b>'Retaliation by Officers'</b></h2>
<p><span style="font-weight: 400;">Glik's experience illustrated the threat that wiretapping laws could pose to people who record the police. Unlike the Massachusetts statute under which he was wrongly charged, Illinois had a law that criminalized audio recordings, surreptitious or not, without the consent of all parties. The ACLU of Illinois, which planned to record on-duty officers as part of a "police accountability program," challenged that law in federal court. Although U.S. District Judge Suzanne Conlon did not perceive a relevant constitutional right, the U.S. Court of Appeals for the 7th Circuit did.</span></p>
<p><span style="font-weight: 400;">"The Illinois eavesdropping statute restricts a medium of expression commonly used for the preservation and communication of information and ideas, thus triggering First Amendment scrutiny," the appeals court said in the 2012 case </span><a href="https://cases.justia.com/federal/appellate-courts/ca7/11-1286/11-1286-2012-05-08.pdf?ts=1411041480"><i><span style="font-weight: 400;">ACLU v. Alvarez</span></i></a><span style="font-weight: 400;">. "The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests; as applied to the facts alleged here, it likely violates the First Amendment's free-speech and free-press guarantees."</span></p>
<p><span style="font-weight: 400;">Five years later, the U.S. Court of Appeals for the 5th Circuit considered a First Amendment claim by Phillip Turner, who was arrested in 2015 after two officers saw him recording video of a Fort Worth police station while standing on the sidewalk across the street. In the 2017 case </span><a href="https://www.ca5.uscourts.gov/opinions/pub/16/16-10312-CV0.pdf"><i><span style="font-weight: 400;">Turner v. Driver</span></i></a><span style="font-weight: 400;">, the appeals court ruled that the officers were protected by qualified immunity because the right to record them was not clearly established in the 5th Circuit at the time of Turner's arrest. But it also said that would no longer be true going forward: "First Amendment principles, controlling authority, and persuasive precedent demonstrate that a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions."</span></p>
<p><span style="font-weight: 400;">Three months later in </span><a href="https://cases.justia.com/federal/appellate-courts/ca3/16-1650/16-1650-2017-07-07.pdf?ts=1499446805"><i><span style="font-weight: 400;">Fields v. Philadelphia</span></i></a><span style="font-weight: 400;">, the U.S. Court of Appeals for the 3rd Circuit noted that observers like Turner were still being harassed by police. The opinion opened by citing George Holliday's momentous </span><a href="https://www.pbs.org/video/riots-and-rebellions-rodney-king/"><span style="font-weight: 400;">1991 video</span></a><span style="font-weight: 400;"> of Rodney King's encounter with Los Angeles cops. Such recordings "have both exposed police misconduct and exonerated officers from errant charges," the appeals court noted. Yet "despite the growing frequency of private citizens recording police activity and its importance to all involved, some jurisdictions have attempted to regulate the extent of this practice. Individuals making recordings have also faced retaliation by officers, such as arrests on false criminal charges and even violence."</span></p>
<p><span style="font-weight: 400;">The incidents at the center of that case were especially striking because they involved cops in Philadelphia, where the police department had recognized that "private individuals have a First Amendment right to observe and record police officers engaged in the public discharge of their duties." Despite that acknowledgement, an officer forcibly prevented Amanda Geraci, a member of the police watchdog group Up Against the Law, from recording an arrest during a 2012 anti-fracking protest at the Philadelphia Convention Center. Another officer likewise flouted department policy in 2013, when Temple University student Richard Fields used his iPhone to photograph police as they broke up a house party. Although Fields was standing across the street at the time, the officer who confiscated his phone arrested him for "obstructing" a "public passage."</span></p>
<p><span style="font-weight: 400;">The 3rd Circuit noted that "every Circuit Court of Appeals to address this issue" had "held that there is a First Amendment right to record police activity in public." The court joined that "growing consensus," ruling that "the First Amendment protects the act of photographing, filming, or otherwise recording police officers conducting their official duties in public." It rejected U.S. District Judge Mark Kearney's assumption that such conduct is protected only when it includes an "expressive" intent. The issue, it said, was not whether Geraci and Fields "expressed themselves through conduct" but "whether they have a First Amendment right of access to information about how our public servants operate in public."</span></p>
<p><span style="font-weight: 400;">That right, the 3rd Circuit duly noted, is "subject to reasonable time, place, and manner restrictions." But it said there was no need to "address at length the limits of this constitutional right" because the defendants "offer nothing to justify their actions."</span></p>
<p><span style="font-weight: 400;">The 3rd Circuit nevertheless granted the officers qualified immunity. Although the Philadelphia Police Department had "adopted official policies recognizing the First Amendment right of citizens to record police in public," the commissioner's policy adviser testified that "officers didn't understand that there was a constitutional right." And since the 3rd Circuit had not specifically upheld that right prior to this case, the appeals court said, "we cannot say that the state of the law" in 2012 or 2013 "gave fair warning so that every reasonable officer knew that, absent some sort of expressive intent, recording public police activity was constitutionally protected."</span></p>
<h2><b>'Clearly Established Law'</b></h2>
<p><span style="font-weight: 400;">While the 3rd Circuit saw no need to address the question of which restrictions on the right to record are "reasonable," that issue was at the center of a case that the U.S. Court of Appeals for the 9th Circuit decided in 2018. The dispute involved two activists who were detained by CBP officers because they were taking pictures near ports of entry in California. In both cases, the officers deleted the photos, ostensibly for security reasons.</span></p>
<p><span style="font-weight: 400;">The 9th Circuit ruled that U.S. District Judge Thomas Whelan had improperly dismissed the resulting lawsuit. Because "the First Amendment protects the right to photograph and record matters of public interest," it said in </span><a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/14/16-55719.pdf"><i><span style="font-weight: 400;">Askins v. DHS</span></i></a><span style="font-weight: 400;">, the government "had the burden of demonstrating that its restrictions on speech were the least restrictive means necessary to serve a compelling government interest." The appeals court remanded the case for further consideration of the facts necessary to determine whether the government could meet that test.</span></p>
<p><span style="font-weight: 400;">No such analysis was necessary when the U.S. Court of Appeals for the 10th Circuit decided </span><a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110708555.pdf"><i><span style="font-weight: 400;">Irizarry v. Yehia</span></i></a><span style="font-weight: 400;"> in 2022. That case involved Abade Irizarry, "a YouTube journalist and blogger" who ran into trouble while recording a DUI stop in Lakewood, Colorado, early on a Sunday morning in May 2019. Officer Ahmed Yehia, evidently displeased, stood in front of Irizarry, obstructing his view. When Irizarry and another reporter objected, Yehia aimed a flashlight at Irizarry's camera and "then drove his police cruiser at the two journalists."</span></p>
<p><span style="font-weight: 400;">Because Irizarry's lawsuit "alleged a First Amendment retaliation claim under clearly established law," the appeals court held, "Officer Yehia is not entitled to qualified immunity." Although the 10th Circuit "has not recognized a First Amendment right to film the police performing their duties in public," it said, "we recognize that the right exists and was clearly established when the incident occurred." In reaching that conclusion, the court relied on the prior decisions recognizing that right in other circuits, a 10th Circuit precedent noting that "an individual who records a police encounter" is "creating speech," and the Supreme Court's rulings regarding newsgathering.</span></p>
<p><span style="font-weight: 400;">The following year, by contrast, the U.S. Court of Appeals for the 4th Circuit granted qualified immunity to Myers Helms, a Winterville, North Carolina, police officer who tried to prevent motorist Dijon Sharpe from livestreaming his own traffic stop. Helms claimed he was enforcing a town policy aimed at protecting officer safety. "Creating and disseminating information is protected speech under the First Amendment," the 4th Circuit noted in the 2023 case </span><a href="https://www.ca4.uscourts.gov/opinions/211827.p.pdf"><i><span style="font-weight: 400;">Sharpe v. Winterville Police Department</span></i></a><span style="font-weight: 400;">, "and other courts have routinely recognized these principles extend the First Amendment to cover recording—particularly when the information involves matters of public interest like police encounters."</span></p>
<p><span style="font-weight: 400;">The 4th Circuit embraced that view, ruling that "livestreaming a police traffic stop is speech protected by the First Amendment." It overturned a lower court's contrary conclusion and remanded the case for further consideration of Winterville's justification for restricting that right. But the court dismissed Sharpe's claim against Helms, noting the lack of precedents recognizing the specific right to livestream your own encounter with police.</span></p>
<p><span style="font-weight: 400;">By the beginning of 2012, Thomas A. Perez, the assistant attorney general in charge of the Justice Department's Civil Rights Division, </span><a href="https://www.justice.gov/sites/default/files/crt/legacy/2012/04/12/Sharp_SOI_1-10-12.pdf"><span style="font-weight: 400;">thought</span></a><span style="font-weight: 400;"> it was already clear that "private citizens have a First Amendment right to record police officers in the public discharge of their duties." At that point, just two federal appeals courts had explicitly recognized that right. The six decisions since then add further weight to Perez's conclusion that such conduct is "unquestionably protected by the First Amendment."</span></p>
<p><span style="font-weight: 400;">During the Biden administration, the Justice Department </span><a href="https://www.justice.gov/crt/case-document/file/1458396/dl"><span style="font-weight: 400;">reiterated</span></a><span style="font-weight: 400;"> that "the First Amendment protects the right to record police officers performing their duties in public, subject to reasonable time, place and manner restrictions." That right, it noted, had been upheld by "every court of appeals" that had addressed the issue.</span></p>
<p><span style="font-weight: 400;">The Trump administration's lawyers, by contrast, have not shown much interest in defending the right to record law enforcement officers. To the contrary, they have questioned whether protesters who object to the administration's immigration crackdown can assert such a right. In response to </span><a href="https://www.courtlistener.com/docket/72047643/tincher-v-noem/"><i><span style="font-weight: 400;">Tincher v. Noem</span></i></a><span style="font-weight: 400;">, a lawsuit alleging that DHS employees retaliated against Minnesota protesters for constitutionally protected conduct, the Justice Department </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.229758/gov.uscourts.mnd.229758.46.0.pdf"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> that claim "fails at the threshold because the Eighth Circuit has not recognized a '</span><i><span style="font-weight: 400;">First Amendment</span></i><span style="font-weight: 400;"> right to observe police officers.'"</span></p>
<p><span style="font-weight: 400;">That was a reference to </span><a href="https://cases.justia.com/federal/appellate-courts/ca8/21-1830/21-1830-2023-02-02.pdf"><i><span style="font-weight: 400;">Molina v. Book</span></i></a><span style="font-weight: 400;">, a 2023 decision by the U.S. Court of Appeals for the 8th Circuit, which includes Minnesota. But as U.S. District Judge Katherine Menendez </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.229758/gov.uscourts.mnd.229758.85.0_5.pdf"><span style="font-weight: 400;">noted</span></a><span style="font-weight: 400;"> when she granted the </span><i><span style="font-weight: 400;">Tincher</span></i><span style="font-weight: 400;"> plaintiffs a preliminary injunction in January, </span><i><span style="font-weight: 400;">Molina</span></i><span style="font-weight: 400;"> merely addressed the question of whether, for purposes of qualified immunity, the right to record police officers was clearly established in the circuit as of 2015. "Whether a right was clearly established is a separate inquiry from whether a right is constitutionally protected," she wrote.</span></p>
<p><span style="font-weight: 400;">Menendez ruled that "the First Amendment protects a right to peacefully observe and/or record law enforcement officers who are engaged in their official duties in public." In support of that conclusion, she cited several 8th Circuit precedents that she deemed relevant and noted the consensus among other appeals courts that have considered the question.</span></p>
<h2><b>'You're Not Free To Record'</b></h2>
<p><span style="font-weight: 400;">Outside court, the Trump administration has shown even less regard for the First Amendment rights of protesters who record immigration agents. In a 2025 </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.975245/gov.uscourts.cacd.975245.34.19_1.pdf"><span style="font-weight: 400;">bulletin</span></a><span style="font-weight: 400;">, the Federal Protective Service, a division of the DHS, described "surveillance" of law enforcement officers (LEOs), including the production and sharing of videos, as a "tactic" used by "demonstrators" and "violent offenders" who were fomenting "unlawful civil unrest." The bulletin also cited "livestreaming LEO interactions" as a "common method" of "threatening LEOs."</span></p>
<p><span style="font-weight: 400;">Noem employed </span><a href="https://reason.com/2026/01/08/you-have-the-right-to-record-ice/"><span style="font-weight: 400;">similar rhetoric</span></a><span style="font-weight: 400;"> at a July 2025 press conference. "Violence is anything that threatens [ICE agents] and their safety," she </span><a href="https://abc3340.com/news/nation-world/secretary-kristi-noem-addresses-surge-in-attacks-on-ice-agents-in-tampa-dhs-us-immigration-and-customs-enforcement-agents-florida-department-of-homeland-security-july-13-2025"><span style="font-weight: 400;">told</span></a><span style="font-weight: 400;"> reporters, "so it is doxing them, it's videotaping them where they're at when they're out on operations, encouraging other people to come and to throw things, rocks, bottles."</span></p>
<p><span style="font-weight: 400;">A couple of months later, Tricia McLaughlin, then the assistant DHS secretary for public affairs, likewise </span><a href="https://prospect.org/2025/09/09/2025-09-09-dhs-claims-videotaping-ice-raids-is-violence/"><span style="font-weight: 400;">described</span></a><span style="font-weight: 400;"> "videotaping ICE law enforcement and posting photos and videos of them online" as a form of "doxing." The government, she added, "will prosecute those who illegally harass ICE agents to the fullest extent of the law." In January, McLaughlin </span><a href="https://www.wired.com/story/how-to-film-ice/"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Wired</span></i><span style="font-weight: 400;"> that "videoing our officers in an effort to dox them and reveal their identities" is "a federal crime and a felony."</span></p>
<p><span style="font-weight: 400;">During a hearing in February, Sen. Rand Paul (R–Ky.), chairman of the Senate Homeland Security Committee, wondered how that could be true. He noted that Pretti was "filming in the middle of the street" immediately before his deadly encounter with immigration agents. "Is filming of ICE or Border Patrol either an assault or a crime in any way?" Paul </span><a href="https://www.commondreams.org/news/ice-admits-filming-legal"><span style="font-weight: 400;">asked</span></a><span style="font-weight: 400;"> CBP Commissioner Rodney Scott and Todd Lyons, then the acting ICE director. "No, sir," they both replied.</span></p>
<p><span style="font-weight: 400;">CBP and ICE employees often seem to disagree with that assessment. In Illinois last November, David Brooks was </span><a href="https://www.cbc.ca/player/play/video/9.6996996"><span style="font-weight: 400;">recording</span></a><span style="font-weight: 400;"> an immigration arrest when a Border Patrol agent turned to face him and said, "Get back, or I'm going to shoot you." The agent, who refused to give his name or badge number, then drew his pistol and aimed it at Brooks.</span></p>
<p><span style="font-weight: 400;">"Shame on you," Minnesota protester Abigail Salm tells an ICE agent in a </span><a href="https://x.com/mollyploofkins/status/2009958610672161060?s=46"><span style="font-weight: 400;">video</span></a><span style="font-weight: 400;"> posted on X a few days after Good's death. "Listen," he replies, "have y'all not learned from the last couple of days?" When Salm wonders "what's our lesson here," he grabs her phone. The agent then "told me I needed to leave," according to a </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.229758/gov.uscourts.mnd.229758.69.0_1.pdf"><span style="font-weight: 400;">declaration</span></a><span style="font-weight: 400;"> that Salm submitted in support of the </span><i><span style="font-weight: 400;">Tincher</span></i><span style="font-weight: 400;"> plaintiffs. When she refused to leave without her phone, she says, he "grabbed me, slammed me down on the hood of my car, and handcuffed me."</span></p>
<p><span style="font-weight: 400;">A </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.229758/gov.uscourts.mnd.229758.66.0_1.pdf"><span style="font-weight: 400;">declaration</span></a><span style="font-weight: 400;"> that Minnesota protester Ann Kreitman submitted in the same case includes video stills showing an ICE agent grabbing a woman by the arm and shoving her into a snowbank. Kreitman says the woman, who "had her phone out like she was recording or attempting to record," was not "doing anything violent or aggressive."</span></p>
<p><span style="font-weight: 400;">In a </span><a href="https://x.com/krassenstein/status/2010483101676478626"><span style="font-weight: 400;">video</span></a><span style="font-weight: 400;"> posted on X in January, an ICE agent in Minneapolis approaches a man who is standing in the street, holding up his cellphone, and shoves him to the pavement. A cellphone-wielding protester in St. Paul got a </span><a href="https://x.com/ScooterCasterNY/status/2010469244560146488?s=20"><span style="font-weight: 400;">similar reaction</span></a><span style="font-weight: 400;"> from an ICE agent, who told him to "get back," shoved him, ran after him, and tackled him.</span></p>
<p><span style="font-weight: 400;">Yet </span><a href="https://x.com/thewarmonitor/status/2013091480466854317?s=46"><span style="font-weight: 400;">another video</span></a><span style="font-weight: 400;"> shows an ICE agent telling a driver who is holding a cellphone to stop recording, saying, "You're detained right now, so you're not free to record." When the driver disagrees, saying "we're not detained," the agent reaches into the car to grab the phone, then opens the door, precipitating a struggle. "Give me your phone," he says.</span></p>
<p><span style="font-weight: 400;">These videos do not necessarily show the full context of what happened, but they do suggest that DHS employees precipitously resorted to the use of force because they were angry at protesters. DHS officials encouraged such hotheaded reactions by describing peaceful recording of immigration agents as "violence" and felonious "doxing." Although it is no doubt irritating to be scolded for doing your job, such speech is indisputably protected by the First Amendment, and so is the "surveillance" that the DHS views as contributing to "unlawful civil unrest."</span></p>
<p><span style="font-weight: 400;">Constitutional issues aside, this sort of harassment is apt to have a chilling effect on the DIY documentation that can be crucial in uncovering the truth about government violence. "There's an element of necessity here for accountability," Will Creeley, legal director at the Foundation for Individual Rights and Expression, </span><a href="https://www.spotlightpa.org/news/2026/01/ice-agents-kill-man-filming-minneapolis-immigration-federal-government/"><span style="font-weight: 400;">noted</span></a><span style="font-weight: 400;"> the day after Pretti's death. "If we didn't have video footage of what happened to Mr. Pretti yesterday, what would the government tell us? What would we know about it?"</span></p>
<p>The post <a href="https://reason.com/2026/05/19/filming-cops-is-a-first-amendment-right-the-feds-keep-harassing-people-for-it-anyway/">Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Derek French/SOPA Images/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[A protester records immigration agents]]></media:description>
		<media:title><![CDATA[ICE-protest]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/ICE-protest-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				The Dangerous Allure When Untalented People Use AI			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382488</id>
		<updated>2026-05-19T15:34:56Z</updated>
		<published>2026-05-19T15:34:56Z</published>
					<summary type="html"><![CDATA[Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/">
			<![CDATA[<p>I recently spoke at my daughter's Girl Scouts troop about America's 250th birthday. I brought a box of tea bags, and hid them in the students' backpacks. I then had the girls search through everyone's bags to illustrate the dangers of the writs of assistance. We then threw all the tea bags into a bucket of water to simulate the Boston Tea Party. (I wanted to simulate the Boston Massacre with nerf guns, but I was overruled.) My daughter often complains that no women signed the Declaration of Independence, so I brought a huge parchment copy of the Declaration, and had all the girls sign them with ballpoint quills. They really felt part of the movement.</p>
<p>At the end of the session, I showed them the classic Schoolhouse Rock video, "The Shot Heard Round The World." I wondered how these young kinds would react to such an old school video from 1975. The animation is crude but the narrative is timeless. The music is still entertaining and the lyrics are clear. The Scouts were enraptured and understood exactly what happened. Plus they connected my lesson earlier about the Revolutionary War with the video. They all booed at the Red Coats and King George.</p>
<p><iframe loading="lazy" title="Schoolhouse Rock - America Rock - The Shot Heard &#039;Round the World" width="500" height="281" src="https://www.youtube.com/embed/ts7JU41OiSY?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>There is a reason we still watch these videos five decades later. Great care, art, and attention was put into producing this video.</p>
<p>This brings me to the Federal Circuit's <a href="https://reason.com/volokh/2026/05/19/chief-judge-moore-commissions-bizarre-ai-cartoon-about-the-federal-circuit-without-judge-newman/">attempt</a> at a "School House" rock video. I've since learned that Judge Newman was in the room when Chief Judge Moore played the video. The consensus was "WTF?" They literally erased a federal judge from the video. I understand there is a Senate Appropriations Committee hearing coming up with the Judiciary. The Administrative Office should be held to account for Moore's narcissistic taxpayer-funded fever-dream.</p>
<p>But beyond the substance, I have to criticize the art. It is obvious someone asked AI to generate a theme song about the Federal Circuit. And the output reflects that process. The tune was so bland and boring. The lyrics were completely unmemorable. Even now, I can't remember a single line from the song. The animations were clean enough, but the motions were so unnatural. And the imagery made no sense. Why was Ronald Reagan leading a Conga Line with Uncle Sam in the caboose? Why did the Judges wave glow sticks at Studio 54? Why did Chief Judge Moore fly off the bench to do a dance routine?</p>
<p>Anyone with artistic talent would have realized this video was terrible. But that is the dangerous allure of AI: it allows people without talent to pretend to be talented. Before AI, this video could have never been made. With AI, this video should never have been made. And, because everyone at the Judicial Conference was a captive audience, they have to dutifully applaud. No one will be watching this video in fifty years. I doubt anyone will be watching it in five days.</p>
<p>If I may draw a contrast, the award-winning Garland Walker Inn of Court in Houston puts on an annual musical review. This year, in honor of America 250, the Inn produced a show about those who signed the Declaration of Independence, and those who did not. It was funny, moving, and always entertaining. We are blessed in Houston to have such talented judges and lawyers (some of whom are my former students). Chief Judge Elrod and Judge Charles Eskridge were among the leads. One of the lead singers had performed on Broadway. The group did a reprise at the Fifth Circuit Judicial Conference. It was a rousing success.</p>
<p>Even during the pandemic, members of the Houston bench were able to produce a hilarious video inspired by Hamilton.</p>
<p><iframe loading="lazy" title="&quot;We&#039;ll Be Back&quot; performed by the federal trial and appellate judges in Houston and Galveston." width="500" height="281" src="https://www.youtube.com/embed/-TJ1ohwAsgY?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video. Also, they should stop erasing Pauline Newman.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/">The Dangerous Allure When Untalented People Use AI</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Bill Maher On The Blatant Double Standard For Antisemitism			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382480</id>
		<updated>2026-05-19T14:59:09Z</updated>
		<published>2026-05-19T14:59:09Z</published>
					<summary type="html"><![CDATA["But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse.  And that's how you know it's anti-Semitism. It's the inconsistency."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/">
			<![CDATA[<p>I am not a fan of Bill Maher. I saw him perform when I was a Summer Associate in 2008 in Washington, D.C. I found him far more smug than funny. Whatever. Not my cup of tea. But I was moved by his recent <a href="https://www.youtube.com/watch?v=BHOJCbRJu28">segment titled</a> "New Rule: No Jews, No News." He makes the obvious, and powerful point, that modern discourse about "colonialism" and "genocide" is simply anti-semitism dressed up in academic garb. It is also noteworthy that there were only scattered applauses in the crowd. The reliably liberal audience was unsure whether it was safe to laugh. Watch it all, or read the transcript after the jump.</p>
<p><iframe loading="lazy" title="New Rule: No Jews, No News |  Real Time with Bill Maher (HBO)" width="500" height="281" src="https://www.youtube.com/embed/BHOJCbRJu28?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><span id="more-8382480"></span></p>
<blockquote><p>Since yesterday was Israel's birthday, having become a nation on May 14th, 78 years ago, everyone must either wish her a happy birthday or admit they're anti-Semitic.</p>
<p>Now, it's everyone's right in a free country to be anti-Semitic, but enough with hiding behind Israel or Zionism or Netanyahu.</p>
<p>If you think, as so many do now, that when it comes to human rights, Israel is the monster country of all time, you either don't read or you don't care about your own hypocrisy.</p>
<p>Because there are so many worse places. But that's where we are these days. No Jews, no news.</p>
<p>But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse.</p>
<p>And that's how you know it's anti-Semitism. It's the inconsistency.</p>
<p>People talk about Jews these days like something out of Stormfront, except it's not Stormfront.</p>
<p>It's an editor from The American Prospect, which is a venerable liberal publication that launched the careers of journalists like Ezra Klein.</p>
<p>And yet no one blinks when one of their editors says, "Israel is a brainwashed, psychopathic death cult that might need to be nuked to save the human race." Uh-huh.</p>
<p>People say the left and the right can't agree on anything these days. Well, there is this one thing they agree on. Right-winger Tucker Carlson has Nick Fuentes and Holocaust deniers on his podcast and wonders along with them,"Who really was the bad guy in World War II?" And The New York Times has on their podcast super leftist Hasan Piker, who they call "a progressive mind," and who says Zionists "should be treated the same as Nazis," which I assume means hung at Nuremberg.</p>
<p>That's what progressive is now? I guess so. The kids are sure into it. They went nuts last year at Coachella for Kneecap. That's the name of an Irish rap group. As if Ireland hasn't suffered enough. Their stage set is a sign that says, "Fuck Israel." And then they send a beach ball around the crowd.</p>
<p>Again, ha ha.</p>
<p>Because again, Israel is the only country in the world doing anything bad. I see why the meathead manosphere and the Code Pink people are on the same page. Because they both went to high school in America and they don't know anything.</p>
<p>So we really could someday soon have the tiki torch "Jews will not replace us" crowd and the Queers for Palestine people working together to elect the next Hitler. There's a North Carolina teenager who's been charged with plotting to drive through a synagogue to fulfill her life goal of killing "as many Jews as possible," because a kid's gotta have a dream. I'm just asking why in the world would this be the dream of some kid in North Carolina?</p>
<p>Why is it the dream of Dan Bilzerian, who's running as a Republican to win a House seat in Florida? Who's Dan Bilzerian? Well, he's a professional douchebag who's attracted 30 million followers by doing this all day and posting it. Yes, he'll fit in fine with the current congress And Dan is fairly typical of the guys in the manosphere when he says, "The only real battle in the world today that I see worth fighting is, fuckin', you know, exterminating Israel. I would sign up tomorrow to go fuckin' put boots on the ground and go fuckin' kill Israelis." Why? Why is this asshole's life about two things, getting more Viagra and exterminating the Jews?</p>
<p>Israel was founded on the idea that anti-Semitism made a Jewish state necessary because Jews would never be safe without one. Can you honestly listen to this rhetoric and not see why that turned out to be true? If you don't have the right-wingers on your side and you don't have the progressives, what do you have?</p>
<p>What's more progressive than college, where professors now say things that would make Kanye wince? Osman Umarji calls Zionists "bloodthirsty animals." Who's he, the leader of ISIS? No, he's a professor right here in California at UC Irvine. And Candace Owens agrees with his assessment of Jews as animals because she says, "Wherever they go, they bring their filth with them." Another "professor," Hamid Dabashi, says of Israelis, "They have a vulgarity of character that is bone deep and structural to the skeletal vertebrae of its culture." These are the kind of statements Goebbels would have read and said, "No notes." I mean, where are the Jewish space lasers when you need 'em?</p>
<p>Now, there are absolutely horrible things said about Muslims, too. That should also be, of course, roundly condemned, like Republican Congressman Randy Fine saying, "If they force us to choose, the choice between dogs and Muslims is not a difficult one." That's awful. But it's not the same as, "They need to be nuked," and "Let's exterminate them."</p>
<p>This is why Jewish people here and in Europe now say they sometimes hide their identity, afraid that the Star of David will get them attacked, as has happened in almost too many places to mention lately. Leave your Star of David at home. But the keffiyeh? You can wear that anywhere. You can wear it to Fiddler on the Roof and you'll get applause. Jew hatred isn't just acceptable now, it's cool. Celebrities love it and make it trendy. It's the new Che Guevara t-shirt.</p>
<p>The "Islamophobia is just as bad" argument is simply a false equivalency. Can you name a Jewish professor who talks about Muslims the way they get talked about? No. Anti-Jewish crimes, hate crimes, now outpace anti-Muslim hate crimes nine to one. It's not a contest, and I'm certainly not saying do more of the other.<br />
I'm just saying these are the numbers, the facts, the reality.</p>
<p>There is a frothing anxiousness for the literal extermination of this one group. And Democrats, where are you? If any other minority group was being talked about this way, you'd break out the kente cloth and have ten benefit concerts. But because you see that so many of your brainwashed-by-TikTok constituents now have an unfavorable view of Israel, you indulge them when you should be correcting them. You don't tell your woke idiots Israel isn't a colonizer or an apartheid state or committing genocide, and that if you brats had to spend a week anywhere in the Middle East other than Israel, you would understand what liberalism is not. All the people likely running for president now on the Democratic side want it known they don't take money from AIPAC, the Israeli lobby, a stance which gives permission to actual anti-Semites to say, "See? We're right about Israel. hat's dirty money from a dirty country." Oh, please, you take money from crypto, and factory farmers, and big tech, from Diddy, and Weinstein, and Epstein, but AIPAC is too far?</p>
<p>Let me just say this to all who ask me, "Why are you harder on the Democrats than you used to be?" Until you fix this whole issue, stop asking me.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/">Bill Maher On The Blatant Double Standard For Antisemitism</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				What I Learned Shadowing California's Katana-Wielding Anti-Squatter Enforcers			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/" />
		<id>https://reason.com/?p=8382472</id>
		<updated>2026-05-19T18:13:35Z</updated>
		<published>2026-05-19T14:35:32Z</published>
			<category scheme="https://reason.com/latest/" term="Eviction Moratorium" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Property Rights" />		<summary type="html"><![CDATA[California's failure to eject squatters from the properties they've seized undermines the state's new housing laws. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/">
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		<p><span style="font-weight: 400;">Happy Tuesday, and welcome to another edition of </span><i><span style="font-weight: 400;">Rent Free</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">In this week's newsletter, I wanted to share a recent <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">feature story</a> I wrote for </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> about the strange world of California's professional squatter removal services. </span></p>
<p><span style="font-weight: 400;">For some time in February this year, I was camped out in an Airbnb in Oakland, California, shadowing James Jacobs, founder of ASAP Squatter Removal, as he went about his work of reclaiming properties from squatters with his trusty katana.  </span></p>
<p><code></code></p>
<p><span style="font-weight: 400;">It was a fascinating story to report out, and one that involved being in slightly dicier situations than this housing and zoning reporter is typically used to. The experience taught me a lot about the extreme edges of California's housing crisis and the limits of what </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> will allow me to expense for a story. (Body armor, yes. A sword, no.) </span></p>
<p>Truly, we are living in Neal Stephenson's <em><a href="https://en.wikipedia.org/wiki/Snow_Crash">Snowcrash</a>. </em></p>
<p><span style="font-weight: 400;">The reporting process yielded a few observations that didn't make it into the final draft, one of which I'll share here. </span></p>
<p><span style="font-weight: 400;">A major setting of the story is an apartment building off Oakland's International Boulevard that had been overrun by squatters. Jacobs had been hired by the owner to attempt to remove them. </span></p>
<p><span style="font-weight: 400;">Running down the middle of International Boulevard is a dedicated lane for the new Tempo bus rapid transit line. The lane was completed in 2020 for a <a href="https://web.archive.org/web/20201206094140/http://www.actransit.org/2020/08/07/ac-transit-tempo-opens-to-riders-sunday-august-9/">total cost of $232 million</a>. </span></p>
<p><span style="font-weight: 400;">That's a significant investment in new public transit infrastructure. Its presence means that properties along International Boulevard now qualify for new transit-oriented height and density allowances created by last year's <a href="https://reason.com/2025/09/16/in-california-yimbys-pass-holy-grail-zoning-reform/">Senate Bill 79</a>. </span></p>
<p><span style="font-weight: 400;">Thanks to S.B. 79, one can now build a six-story apartment building, at a density of 100 dwelling units per acre, within a quarter mile of the Tempo line. </span></p>
<p><span style="font-weight: 400;">The apartment building that features heavily in my story should be a prime candidate for redevelopment into more, better housing under S.B. 79. The two-story building that currently occupies the land is badly deteriorated, thanks in no small part to the presence of squatters there. </span></p>
<p><span style="font-weight: 400;">Unfortunately, no one is in a position to do anything productive with the property so long as squatters continue to occupy it. It'll continue to be what it is today, a badly run-down apartment building that the owner and neighboring business owners say has been overrun by criminal activity. </span></p>
<p><span style="font-weight: 400;">As I detail in my story, California's law enforcement agencies typically refuse to remove squatters. Property owners who report squatters are invariably told they need to file for eviction in civil court to remove them. </span></p>
<p><span style="font-weight: 400;">That's inherently not unreasonable. But California's civil court process is long. In that process, squatters can claim a host of procedural rights granted to legal tenants (which they are not) that stretches out the process for months, and in extreme cases, years. </span></p>
<p><span style="font-weight: 400;">The upshot is that the state does very little to protect the basic property rights of owners who see their units fall prey to squatters. </span></p>
<p><span style="font-weight: 400;">That's an injustice all on its own. It leads to a law-and-order problem when desperate property owners turn to gray-market squatter removal services to solve a problem the courts and the cops won't. </span></p>
<p><span style="font-weight: 400;">This lack of orderly property rights protections also undermines the efforts California's policymakers have put </span>into making its urban areas more affordable and transit-served.</p>
<p><span style="font-weight: 400;">All the upzoning laws and transit investments in the world won't induce the development of badly needed housing on a property that cannot be reclaimed from squatters who are occupying it illegally. </span></p>
<p><span style="font-weight: 400;">Even the best-conceived urban planning can't make up for the nonenforcement of basic property rights. </span></p>
<p><span style="font-weight: 400;">My feature is a little too long to fully include in this newsletter. Below is a short excerpt. If it piques your interest, I'd encourage everyone to read the <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">whole thing</a> at </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. </span></p>
<hr />
<h1><b>Samurai vs. Squatters</b></h1>
<p><span style="font-weight: 400;">"We're probably not going to use grenades on this one, right? Because I got 'em."</span></p>
<p><span style="font-weight: 400;">James Jacobs had hired a motley crew of toughs online to help him clear squatters out of an Oakland, California, apartment building. None of the hired muscle accept the offer of smoke grenades. They intend to complete this job with the baseball bats and firearms they brought from home.</span></p>
<p><span style="font-weight: 400;">"All right, let's do this," says Jacobs. He grabs his katana and sets off in his long black leather jacket toward the apartment. His improvised militia follows single-file behind him. Half a minute later, they confidently walk through the front door of a two-story building off of Oakland's busy International Boulevard.</span></p>
<p><span style="font-weight: 400;">From across the street, I watch them enter and wait anxiously for the sound of gunshots. </span></p>
<p><span style="font-weight: 400;">It was another battle in California's low-burning turf war between the squatters who invade homes and the enforcers hired to reclaim them.</span></p>
<p><span style="font-weight: 400;">Across the Golden State, uninvited occupants have taken over countless residential properties and then refused to vacate. Homes undergoing renovations, vacant rental units, and even whole apartment buildings have fallen prey to squatters. Once they move in squatters are very difficult to dislodge. The legal process to remove them is expensive and can take months or years.</span></p>
<p><span style="font-weight: 400;">In their desperation, owners are increasingly turning to a rising crop of private rights enforcers to solve the problem. That includes Jacobs and his company, ASAP Squatter Removal.</span></p>
<p><span style="font-weight: 400;">Jacobs claims to have developed a long list of tools and tactics that enable him to remove squatters far faster than the court system, all while staying within the bounds of the law. Chief among them is a weapon he carries on every job: a katana, a curved Japanese sword that's more synonymous with samurai warriors than clearing squatters.</span></p>
<p><span style="font-weight: 400;">"In most industries, swords just don't make any damn sense," Jacobs says. "In this particular one, it actually does." The lightly regulated katana, he explains, is an ideal weapon for indoor self-defense and intimidation.</span></p>
<p><span style="font-weight: 400;">It's also an ingenious marketing ploy in the competitive world of squatter removal services. Jacobs' company has received a healthy amount of media attention from local and international outlets that never fail to mention his sword in the headline.</span></p>
<p><span style="font-weight: 400;">According to Jacobs, his company has had a near-perfect success rate of removing squatters. </span></p>
<p><span style="font-weight: 400;">If they were Jacobs' only adversary, his katana might be the only weapon he needs. But ASAP Squatter Removal is engaged in a two-front war. His main competition comes from law enforcement agencies that are none too keen on ceding their monopoly on the use of force to people like Jacobs.</span></p>
<p><span style="font-weight: 400;">Every job that ASAP Squatter Removal performs requires it to dodge criminal charges. The company has had only mixed success on the latter front. In January, Jacobs and two associates were charged with a long list of felonies stemming from one of their jobs.</span></p>
<p><span style="font-weight: 400;">The legal and physical risks inherent in anti-squatter work are why California's landlords have called for more systemic reforms that would make Jacobs' business obsolete.</span></p>
<p><span style="font-weight: 400;">But with reforms stalled in the state Legislature, many property owners feel they have no choice but to turn to gray market services and the unique set of characters, with a very particular set of skills, willing to take on this dangerous work.</span></p>
<p><span style="font-weight: 400;">On the streets, it's samurai vs. squatters.</span></p>
<p>(Read the whole thing <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">here</a>.)</p>
<hr />
<h1><b>Quick Links </b></h1>
<ul>
<li>The latest House version of the 21st Century Road to Housing Act <a href="https://www.politico.com/live-updates/2026/05/13/congress/house-releases-housing-bill-text-vote-next-week-00920285">removes</a> an effective ban on build-to-rent housing that the Senate had included it's version of the bill. The bill retains restrictions on large institutional investors purchasing homes. A vote on the House's bill is expected this week.</li>
<li>Tokyo's housing is cheap, even if its land is incredibly expensive, <a href="https://www.abundanceandgrowth.org/p/tokyo-land-is-still-85-million-an?r=1af4e&amp;utm_campaign=post&amp;utm_medium=web&amp;utm_source=substack">writes</a> Alex Armlovich in a new essay.</li>
<li>In Illinois, a state upzoning <a href="https://www.wsj.com/politics/policy/yimby-has-arrived-in-illinois-and-some-cities-dont-like-it-1d21f742">bill</a> supported by Gov. J.D. Pritzker is encountering predictable opposition from the state's cities and towns.</li>
<li>The Trump administration <a href="https://www.msn.com/en-us/news/insight/trump-administration-sues-catholic-diocese-over-sacred-border-site/gm-GM8FCE47CF?gemSnapshotKey=GM8FCE47CF-snapshot-7&amp;ocid=ob-fb-dede-1519655180769">is using eminent domain</a> to seize a Catholic pilgrimage site on the U.S.-Mexico border as part of a border wall project.</li>
<li>The City Council of Providence, Rhode Island, failed to <a href="https://www.wpri.com/news/local-news/providence/last-ditch-effort-to-override-smileys-rent-control-veto-fails-at-providence-city-council/">overcome</a> Mayor Brett Smiley's veto of a rent control ordinance it had passed. On X, the mayor had some wise words about the failure of rent control in other cities.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The rent in Providence is too high and we need real solutions to bring down costs for families. And I understand why rent control sounds compelling, but the reality is that it has consistently been shown to hurt those it is meant to help. In Cambridge, in Berkeley, in Portland,&hellip; <a href="https://t.co/vEagSDrXca">pic.twitter.com/vEagSDrXca</a></p>
<p>&mdash; Mayor Brett Smiley (@PVDMayor) <a href="https://twitter.com/PVDMayor/status/2055432486591606976?ref_src=twsrc%5Etfw">May 15, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/">What I Learned Shadowing California&#039;s Katana-Wielding Anti-Squatter Enforcers</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Christian Britschgi]]></media:credit>
		<media:description type="html"><![CDATA[In two separate photos, split down the middle, the left photo has a man in a leather jacket holding a baseball bat, and another man is wearing body armor and a baseball hat, while in the photo on the right stands a man wearing body armor, a long black jacket, and a holstered sword.]]></media:description>
		<media:title><![CDATA[Squatters-Removal-5-15]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Union Summer			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/union-summer/" />
		<id>https://reason.com/?p=8382202</id>
		<updated>2026-05-19T13:24:07Z</updated>
		<published>2026-05-19T13:30:27Z</published>
			<category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Plus: Massie's race, self-driving cars, disputed bets, and more...]]></summary>
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										alt="Striking LIRR workers | Credit: Anthony Behar/Sipa USA/Newscom"
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		<p><strong>They're at it again: </strong>Yesterday, the unions representing the Long Island Rail Road (LIRR) workers <a href="https://www.nytimes.com/live/2026/05/18/nyregion/lirr-strike-update-long-island#lirr-strike-long-island">reached an agreement</a> with the Metropolitan Transportation Authority, the state agency that runs the railroad. It's not yet clear what's in the agreement, but the demands of the striking workers were rather extraordinary: Pay raises of 5 percent, plus three years of retroactive raises since their last contract was hammered out in 2022. This might make sense if they were destitute, but they are not: "More than 325 Long Island Rail Road workers are raking in over $100,000 a year in overtime on top of their lucrative salaries, with 11 of them netting at least twice that huge figure in OT," <a href="https://nypost.com/2026/05/18/us-news/hundreds-of-picketing-lirr-workers-make-100k-plus-in-overtime/">reports</a><em> New York Post</em> (below yesterday's perfect headline: "Gravy Train").</p>

<p>"The LIRR workers are already the best-compensated transit workers in the United States," the Manhattan Institute's Ken Girardin told the <em>Post. </em>Not wrong. Workers routinely game the overtime system to rake in huge amounts of cash beyond their (already-huge) union-negotiated sums: Supervising foreman Leonardo Espinosa, for example, earned $244,954 in overtime last year on top of his $129,483 salary. Jeffrey Davies (working the same role) brought in $233,808 in overtime on top of $130,291 base. And we haven't even started talking about pensions, and how overtime reporting factors in:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Sounds like they're working hard, right? Thing is though, LIRR has had repeated scandals about overtime fraud. And they look for ways to report massive overtime in their final years approaching retirement, massively spiking their pension payments for the rest of their lives. <a href="https://t.co/tYdzE4HZCA">https://t.co/tYdzE4HZCA</a></p>
<p>&mdash; Josh Barro (@jbarro) <a href="https://twitter.com/jbarro/status/2056343765380468937?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The LIRR—with its 270,000 daily commuters—brings a lot of value to the many residents of New York City's eastern suburbs (even if it does <em>us </em>the disservice of bringing the Lawnguylanders in*). But in this case, like many others, unions representing public employees have bilked taxpayers.</p>
<p>But wait, there's more!</p>
<p>Yesterday, union representatives advocating for hotel housekeepers reached a deal with management: The average pay of housekeepers at New York City hotels will, per the terms of the agreement, increase to over $100,000.</p>
<p>"The owners of nearly 250 hotels in the city reached agreement with the union, the Hotel and Gaming Trades Council, on an eight-year contract that would increase wages by more than 50 percent for workers, union officials said," <a href="https://www.nytimes.com/2026/05/18/nyregion/nyc-hotel-housekeepers-pay.html?smtyp=cur&amp;smid=tw-nytimes">reports</a> <em>The New York Times. </em>"The hotel owners will continue to pay the full cost of providing health-care benefits for 27,000 union members and their families." Here's another highlight: The new deal will "raise the pay of housekeepers from slightly below $40 an hour to more than $61 an hour by 2034."</p>
<p>New York City's average hotel room rates run around $335 a night. The union representatives seem confident that there's room for prices to be raised without demand being affected. I doubt this is true, and I think this type of market distortion will have bad results in the long run:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">These feel like the early innings of UK-style destruction of the price mechanism.</p>
<p>Regulatory capture + unions extracting fees through means that are not legible to the general public. The results — college grads can't find work, but housekeepers get $100K+ — are counterintuitive <a href="https://t.co/8gIAg2GNKK">https://t.co/8gIAg2GNKK</a></p>
<p>&mdash; John Loeber <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f3a2.png" alt="🎢" class="wp-smiley" style="height: 1em; max-height: 1em;" /> (@johnloeber) <a href="https://twitter.com/johnloeber/status/2056519188664250670?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>*I am sorry for lightly poking fun at Long Island but I will not stop. My husband is from there, so I've seen a little too much.</p>
<hr />
<p><strong>Voters' choice: </strong>Today, freedom fighter and national debt lapel pin wearer Thomas Massie goes up against former Navy SEAL Ed Gallrein in what has become <a href="https://www.washingtonpost.com/politics/2026/05/19/thomas-massie-faces-ed-gallrein-kentucky-gop-primary-with-massive-spending/">the most expensive U.S. House primary</a> on record down in Kentucky.</p>
<p>Followers of this newsletter are surely aware of how President Donald Trump absolutely hates Massie's guts. Massie has proven himself no sycophant, challenging the president first on the passage of a massive COVID relief bill, then on his spending, his relationship to Jeffrey Epstein, and his penchant for sinking boats in the Caribbean (the legality of which the Pentagon's internal watchdog <a href="https://www.bloomberg.com/news/articles/2026-05-18/pentagon-watchdog-will-probe-us-attacks-on-boats-in-the-caribbean?utm_source=website&amp;utm_medium=share&amp;utm_campaign=twitter">will investigate</a>).</p>
<p>Campaign spending has totaled over $32 million, mostly due to Trump-aligned and pro-Israel organizations attacking Massie. "Give me somebody with a warm body to beat Massie," Trump said back in March. ("And I got somebody with a warm body, but a big, beautiful brain and a great patriot," he <a href="https://www.nbcnews.com/politics/2026-election/rep-thomas-massie-confronts-full-force-trumps-wrath-republican-primary-rcna345257">followed up</a>.)</p>
<p>"When President Trump needs backup, Massie wants to debate process," <a href="https://www.washingtonpost.com/politics/2026/05/19/thomas-massie-faces-ed-gallrein-kentucky-gop-primary-with-massive-spending/">said</a> Secretary of War Pete Hegseth at a rally yesterday. "When the movement needs unity, especially at the biggest moments, Massie's willing to vote with Democrats." Yes. That's exactly why some of us like him: It's about principle, not blind allegiance to party. The role of a member of Congress is not to just give the president "backup."</p>
<p>"On Saturday, Trump successfully ousted Sen. Bill Cassidy, R-La., after <a href="https://www.nbcnews.com/politics/2026-election/trump-encourages-rep-julia-letlow-primary-sen-bill-cassidy-rcna254633" target="_blank" rel="noopener">recruiting and backing</a> a primary opponent, GOP Rep. Julia Letlow," <a href="https://www.nbcnews.com/politics/2026-election/rep-thomas-massie-confronts-full-force-trumps-wrath-republican-primary-rcna345257">notes</a> NBC News. "And earlier this month in Indiana, Trump <a href="https://www.nbcnews.com/politics/2026-election/indiana-legislators-primary-election-trump-redistricting-state-senate-rcna343321" target="_blank" rel="noopener">helped unseat GOP state lawmakers</a> whom he blamed for foiling his redistricting there." It looks very likely that Massie will be out come tomorrow, and Trump's power over Republicans in Congress will be further solidified.</p>
<hr />
<p><strong><em>Scenes from Texas: </em></strong>I got back from Texas yesterday, and on the transportation front, it's a glimpse of the future. I mentioned the peace of mind Tesla's self-driving capabilities gave me when having those cars around my toddler, playing on the driveway. But driverless Waymos have overtaken Austin, too (which may be <a href="https://www.bbc.com/news/articles/cwy2011dl4xo">in danger of being recalled</a> due to an incident in nearby San Antonio where a car got swept away in floodwaters, thankfully with no person inside), and <a href="https://en.wikipedia.org/wiki/Tesla_Cybercab">Tesla Cybercabs</a>—two-passenger driverless robotaxis—could be seen on the road, though it's not clear whether they're legal yet or in testing or what. Uber seems like it's basically going to be replaced by driverless fleets, and soon. Meanwhile, in my city, Mayor Zohran Mamdani has <a href="https://www.bloomberg.com/opinion/articles/2026-04-15/waymo-s-ban-in-manhattan-shows-how-not-to-regulate-autonomous-vehicles">stopped road testing</a> of Waymos.</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"Disputed bets are a growing headache for prediction markets, including Polymarket, as they contend with a <a class="ekxajjj0 css-i0lbhy-OverridedLink" href="https://www.wsj.com/finance/stocks/prediction-markets-options-be6d35c3?mod=article_inline" target="_blank" rel="noopener" data-type="link">surge of new traders</a> and dizzying growth in trading volume," <a href="https://www.wsj.com/finance/polymarket-bet-disputes-fb1b8c6a?mod=hp_lead_pos3">reports</a> <em>The Wall Street Journal. </em>"The platforms aim to write clear yes-or-no questions for traders to wager on. But the messiness of real-world events means it isn't always obvious which side was right." (More from "<a href="https://www.wsj.com/finance/polymarket-bet-disputes-fb1b8c6a?mod=hp_lead_pos3">The Mysterious Crypto Judges Who Settle Polymarket Disputes</a>.")</li>
<li>It looks like Hungary might be trying to <a href="https://www.bloomberg.com/news/articles/2026-05-18/hungary-central-bank-chief-says-he-won-t-hinder-magyar-euro-plan?srnd=homepage-americas">use the euro</a>.</li>
<li>"<a class="gtmContentClick" href="https://www.axios.com/2026/05/11/trump-cuba-pressure-military-action-talk" target="_self" data-vars-link-text="Cuba" data-vars-click-url="https://www.axios.com/2026/05/11/trump-cuba-pressure-military-action-talk" data-vars-content-id="61792edc-d271-446a-bcda-e371f12fe9e4" data-vars-headline="Exclusive: U.S. eyes attack-drone threat from Cuba" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link">Cuba</a> has acquired more than 300 military drones and recently began discussing plans to use them to attack the U.S. base at Guantanamo Bay, U.S. military vessels and possibly Key West, Fla., 90 miles north of Havana," <a href="https://www.axios.com/2026/05/17/us-military-drones-cuba">reports</a> <em>Axios</em>, having received some classified intelligence.</li>
<li>"Three people were killed at a mosque in San Diego on Monday in a shooting authorities said they were investigating as a hate crime," <a href="https://www.wsj.com/us-news/san-diego-mosque-shooting-50142167?mod=hp_lead_pos6">reports</a> <em>The Wall Street Journal. "</em>Two teenage gunmen are believed to have killed three men, including a security guard, at the Islamic Center of San Diego, Police Department Chief Scott Wahl said at a news briefing Monday. Authorities said one of the shooters was a teenager whose mother reported him missing hours earlier."</li>
<li>The only group of refugees the president seems to like:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">SCOOP: The Trump administration is proposing increasing the refugee admissions ceiling for fiscal year 2026 to 17,500 for White South Africans, according to an emergency determination sent to Congress and obtained by CNN. That&#39;s an increase of 10,000.</p>
<p>&mdash; Priscilla Alvarez (@priscialva) <a href="https://twitter.com/priscialva/status/2056525692041298122?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Kind of a strange rhetorical turn on Taiwan (and allegations of chip stealing make no sense):</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Trump on Taiwan: When you look at the odds, China is very, very powerful, big country. That&#39;s a very small island. Think of it, it&#39;s 59 miles away. We&#39;re 9500 miles away. That&#39;s a little bit of a difficult problem. Taiwan was developed because we had presidents that didn&#39;t know&hellip; <a href="https://t.co/bKhDQ65vTS">pic.twitter.com/bKhDQ65vTS</a></p>
<p>&mdash; Acyn (@Acyn) <a href="https://twitter.com/Acyn/status/2055412013715825116?ref_src=twsrc%5Etfw">May 15, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/19/union-summer/">Union Summer</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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