Think Tanks Should Be Able to Opine on Public Policy Without Running Afoul of Campaign Finance Regulations

In 2005, political opponents filed a complaint against the Independence Institute for not complying with the Colorado constitution and other campaign finance regulations when it spoke against a state ballot initiative. These regulations require, among other things, disclosure of the identity of anyone who has donated more than $20 to a cause and imposes registration and contribution limits on groups who have major interests in ballot issues.

The Independence Institute challenged the constitutionality of Colorado’s state ballot issue requirements and the issue is petitioning the Supreme Court for certiorari in Independence Institute v. Buescher. Cato has filed an amicus brief, in cooperation with Wyoming Liberty Group, the Center for Competitive Politics, the Sam Adams Alliance, the Montana Policy Institute, and the Goldwater Institute in support of the Independence Institute. We argue that Colorado’s ballot campaign regulations run roughshod over constitutional protections for political speech and association, which lie at the very heart of the First Amendment—particularly for think tanks and other organizations that regularly comment on public policy matters. Loss of these First Amendment protections will chill think tanks’ future attempts to educate the public about issues that are the subject of ballot campaigns. The Court should thus review this case and ensure that citizens maintain their associational rights—including the right to remain anonymous when donating to non-profits—and associations their freedom of expression.

You can download the entire brief here. A special thanks to Cato Legal Associate Travis Cushman for his assistance on this brief.

Ilya Shapiro • October 6, 2009 @ 11:40 am
Filed under: General; Law and Civil Liberties

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Three Worthwhile Health Care Videos

The first comes from the group Patients United Now.  Keep this video in mind the next time you hear someone say that a new “public option” is not about a government takeover of the health care sector.

The next video comes from the Independence Institute in Colorado.  It is a nice complement to my colleague Michael Tanner’s recent study, “Massachusetts Miracle or Massachusetts Miserable: What the Failure of the ‘Massachusetts Model’ Tells Us about Health Care Reform.”

Finally, a really disturbing video showing Christina Romer, chair of President Obama’s Council of Economic Advisors, refusing to admit to a congressman that the president’s reform plan would oust Americans from their current health plans.

It’s a shame what politics does to really smart people.

Michael F. Cannon • June 25, 2009 @ 4:05 pm
Filed under: Cato Publications; Health, Welfare & Entitlements

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“If I Had ONLY a Gun”

ABC’s 20/20 did a hit piece on the Second Amendment and armed citizens on Friday night.  The show responded to the growing sentiment that “if I only had a gun,” maybe an armed citizen could make a difference in a spree shooting such as the incidents at Virginia Tech and Northern Illinois University.  In reality, it ought to be called “if I had ONLY a gun.”  Picking people without concealed carry permits to represent the armed citizen and rigging the scenario to ensure that they don’t defeat your narrative is propaganda, not journalism.

Several college students are selected to represent the “armed student” hypothetical, given some marksmanship training, and armed with training guns that shoot paint bullets. The firearms instructor who trained them plays spree shooter and storms the room.  All of the students are hit before they can effectively engage the mock spree shooter.

The show handicaps this scenario in favor of the attacker in several ways.  First, none of the students selected are actual concealed handgun permit holders who carry daily and practice regularly.  Those with more experience get it from shooting Airsoft guns or from a form of shooting that does not involve drawing from concealment.  The poor performance of the students in hitting the attacker is supposedly explained by the lack of law enforcement firearms training.

The simulation is too narrowly construed to show the full impact of an armed response.  First, the experiment is limited to one armed student in the first classroom that the spree shooter hits.  At Virginia Tech, the spree shooter entered several rooms, so a student in any room other than the first would be able to draw, find a position of cover and concealment, point the gun at the door, and wait for the assailant to enter.  Second, the experiment supposes that an intended victim pulling a gun and shooting back, even if not immediately effective, does nothing to stop the attack.

These results don’t reflect the reality of an armed citizen responding to a spree shooter.  Contrary to what the firearms instructor says, it is not “too much for a normal person” to deal with.  Often, the mere confrontation with an armed response takes them out of their revenge fantasy and derails the killing spree.

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David Rittgers • April 13, 2009 @ 12:33 pm
Filed under: Law and Civil Liberties

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Deadly Canadian Care

An Illinois physician is arguing that actress Natasha Richardson might have survived her skiing accident if it had occurred in the United States rather than Canada. Explains Dr. Cory Franklin:

Canadian health care de-emphasizes widespread dissemination of technology like CT scanners and quick access to specialists like neurosurgeons. While all the facts of Richardson’s medical care haven’t been released, enough is known to pose questions with profound implications.

In the U.S. Richardson likely could have been both diagnosed locally and flown to emergency care in a nearby city.  Adds Franklin:

What would have happened at a US ski resort? It obviously depends on the location and facts, but according to a colleague who has worked at two major Colorado ski resorts, the same distance from Denver as Mt. Tremblant is from Montreal, things would likely have proceeded differently.

Assuming Richardson initially declined medical care here as well, once she did present to caregivers that she was suffering from a possible head trauma, she would’ve been immediately transported by air, weather permitting, and arrived in Denver in less than an hour.

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Doug Bandow • March 27, 2009 @ 8:06 am
Filed under: Health, Welfare & Entitlements

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