Government, Education, and Freedom
I did the above interview recently with ChoiceMedia.tv on the subject of education tax credits and vouchers, in which I argued that credits are a better way of ensuring universal access to the education marketplace. Credits can either directly reduce the taxes owed by families who pay for their own children’s education (as in Illinois and Iowa), or they can offset donations taxpayers make to non-profit k-12 scholarship programs that provide tuition assistance to the poor (as in Pennsylvania, Arizona, Florida, and several other states).
The interview elicited an important question from a commenter: If financial assistance for the poor comes from scholarship programs, isn’t there a risk that those programs will impose restrictions on how the scholarships can be used, thereby curtailing poor families’ educational options?
Minimizing that problem is actually one of the many reasons to prefer education tax credits over vouchers. Any time someone other than the parents is footing the bill for a child’s education, there is the risk that this third party is going to limit parents’ choices. The worst case, historically, has been when that third party is the government. When governments pay for schooling, there is a single set of regulations on what choices parents can make, and there is no way to avoid those regulations short of rejecting the financial assistance altogether—which the poorest families have difficulty doing. Vouchers bring with them this single set of government rules (and it is often an extensive one as I discovered in this study).
By contrast, scholarship tax credit programs, like the one in Pennsylvania, give rise to a multitude of different organizations that provide tuition assistance to poor families. If any one of those organizations decides to impose a particular set of restrictions on the use of its scholarships, it has no effect on any of the other organizations. Parents looking for financial assistance are thus free to seek it from a scholarship organization that aligns with their needs and values. The multiplicity of different sources of funding is instrumental—in fact it is essential—in ensuring that poor parents’ choices are not curtailed.
I’ve made this argument in a variety of places, most recently in a U.S. Supreme Court brief in the Arizona tax credit case ACSTO v. Winn.
David H. Padden, R.I.P.
All of us at the Cato Institute are saddened to announce the passing of David H. Padden, one of our original Board members, at the age of 84. Dave took Emeritus Director status a couple of years ago, but for our entire 34 years he was closely involved in Cato’s activities, as director, contributor, and constant reminder of the principles on which we were founded. Ed Crane, Cato’s co-founder and president, often called him “the conscience of the Cato Institute.”
Dave was a Chicago businessman, the president and founder of Padden and Co. and Padco Lease Corp. A onetime conservative, he saw the light in the 1970s and became a radical and devoted libertarian. He created the Loop Libertarian League, a group that met monthly at the Union League Club in downtown Chicago to discuss politics and philosophy. At various times he was a director of Citizens for a Sound Economy, the Acton Institute, the Bionomics Institute, the Foundation for Economic Education, and the Center for Libertarian Studies. Besides his long service with Cato, he was best known as the founder of the Heartland Institute, where he served as chairman from 1984 to 1995.
Dave graduated from Loyola University in Chicago and received an MBA from Harvard. And while he devoted a great deal of time to studying liberty and helping build institutions to protect it, he knew that politics isn’t all of life. He was married to Joan for 61 years, a father of 7, a devoted grandfather and great-grandfather, a director of St. Xavier College and the Epilepsy Foundation, and a lifelong supporter of the Lyric Opera of Chicago. R.I.P.
Free or Equal on PBS
In 1980 Milton Friedman made a splash with his 10-part PBS documentary, Free to Choose, which also became a bestselling book. Thirty years later Cato senior fellow Johan Norberg travels in Friedman’s footsteps to see what has actually happened in those places Friedman’s ideas helped transform. From Stockholm to Estonia to India, from New York to Hong Kong to Chile and Washington, D.C., Norberg examines the contemporary relevance of Friedman’s ideas in the 2011 world of globalization and financial crisis. The result is a one-hour documentary, Free or Equal: A Personal View, which is now running on PBS stations across the country.
Visit the Free to Choose Network page to find out more about the documentary. Click on “Carriage Grid” to find showings in your area. Note that it’s arranged by size of media market, so New York is first, then Los Angeles, and so on down through 210 media markets. It’s searchable.
I missed the first Washington showing on Sunday, so check it out today. But note that showings will run into mid-September, so your friends will have many chances to catch the show.
And for a book by Norberg on related issues, check out In Defense of Global Capitalism.
Vive La Revolution?
Today is the 222nd anniversary of the storming of the Bastille on July 14, 1789, the date usually recognized as the beginning of the French Revolution. I’ll be speaking this weekend at FreedomFest on the topic, “Liberty, Equality, Fraternity: A Libertarian Version.” I previewed part of my talk at this week’s Britannica Blog column. So what should libertarians think about the French Revolution? The great Henny Youngman, when asked “How’s your wife?” answered, “Compared to what?”
Compared to the American Revolution, the French Revolution is very disappointing to libertarians. Compared to the Russian Revolution, it looks pretty good. And it also looks good, at least in the long view, compared to the ancien regime that preceded it….
Lord Acton wrote that for decades before the revolution “the Church was oppressed, the Protestants persecuted or exiled, . . . the people exhausted by taxes and wars.” The rise of absolutism had centralized power and led to the growth of administrative bureaucracies on top of the feudal land monopolies and restrictive guilds….
The results of that philosophical error—that the state is the embodiment of the “general will,” which is sovereign and thus unconstrained—have often been disastrous, and conservatives point to the Reign of Terror in 1793-94 as the precursor of similar terrors in totalitarian countries from the Soviet Union to Pol Pot’s Cambodia.
In Europe the results of creating democratic but essentially unconstrained governments have been far different but still disappointing to liberals….
Still, as Constant celebrated in 1816, in England, France, and the United States, liberty
is the right to be subjected only to the laws, and to be neither arrested, detained, put to death or maltreated in any way by the arbitrary will of one or more individuals. It is the right of everyone to express their opinion, choose a profession and practice it, to dispose of property, and even to abuse it; to come and go without permission, and without having to account for their motives or undertakings. It is everyone’s right to associate with other individuals, either to discuss their interests, or to profess the religion which they and their associates prefer, or even simply to occupy their days or hours in a way which is most compatible with their inclinations or whims.
Compared to the ancien regime of monarchy, aristocracy, class, monopoly, mercantilism, religious uniformity, and arbitrary power, that’s the triumph of liberalism.
The President’s Next Middle East Speech
The news media is abuzz with speculation about what President Obama will say in an address this Thursday at the State Department. The topic is the Middle East, and White House Press Secretary Jay Carney explained, “we’ve gone through a remarkable period in the first several months of this year…in the Middle East and North Africa,” and the president has “some important things to say about how he views the upheaval and how he has approached the U.S. response to the events in the region.” The speech, Carney hinted to reporters, would be “fairly sweeping and comprehensive.”
If I were advising the president, I would urge him to say many of the same things that he said in his June 2009 speech in Cairo, this time with some timely references to the recent killing of Osama bin Laden, and an explanation of what the killing means for U.S. counterterrorism operations, and for our relations with the countries in the region.
Bin Laden and Ayman al-Zawahiri, al Qaeda’s long-time number two (now, presumably, its number one) railed for years about overthrowing the “apostate” governments in North Africa and the Middle East. And yet, one of the biggest stories from the popular movements that have swept aside the governments in Tunisia and Egypt, and may yet do so in Libya, Syria, Yemen, and Bahrain, is al Qaeda’s utter irrelevance. President Obama won’t need to dwell on this very long to make an important point.
The killing of Osama bin Laden doesn’t signal the end of al Qaeda, but it might signal the beginning of the end. In reality, al Qaeda has been under enormous pressure for years, but that hasn’t stopped the organization from carrying out attacks—attacks which have mainly killed and injured innocent Muslims since 9/11. It is no wonder that al Qaeda is enormously unpopular in the one place where bin Laden and his delusional cronies sought to install the new Caliphate. How’s that working out, Osama?
Al Qaeda had nothing to do with the reform movements that have swept across North Africa and the Middle East; the United States has had little to do with them either. That is as it should be. These uprisings were spontaneous, arising from the bottom up, and they are more likely to endure because they were not imposed by outsiders. Sadly, the same will not be said of the Libyans who rose up against Muammar Qaddafi, without any special encouragement from the United States. If the anti-Qaddafi forces ultimately succeed in overthrowing his four-decades long rule, President Obama’s decision to intervene militarily on their behalf ensures that some will question their legitimacy. The same would be true in Syria, or in Iran, if the United States were seen as having a hand in selecting the future leaders of those countries.
Barack Obama was elected president in part because he publicly opposed the decision to go to war in Iraq at a time when many Americans, including many in his own party, were either supportive or silent. He had a special credibility with the American people, and among people in the Middle East, because he worried that the Iraq war was likely to undermine American and regional security, cost hundreds of billions of dollars, and claim many tens of thousands of lives. Tragically, he was correct.
There is a right way, and a wrong way, to go about promoting human freedom. In Thursday’s speech, I hope that the president reaffirms the importance of peaceful regime change from within, not American-sponsored regime change from without.
The United States remains, as it has been for two centuries, a well-wisher to people’s democratic aspirations all over the world. But we learned a painful lesson in Iraq, and we should be determined not to repeat that error elsewhere. That is a message worth repeating, both for audiences over there, and for those over here.
Will Indiana School Choice Infringe Upon Liberty?
There’s more bad news about the school choice bill awaiting Gov. Mitch Daniels’ signature in Indiana. Yesterday, Adam Schaeffer wrote about its possible negative fiscal impact if coupled with the state’s tax credit program. Perhaps just as concerning is the law’s requirement that private schools prove that they are sufficiently “American” to participate in the program. This interview with State Sen. Carlin Yoder (R), one of the bill’s sponsors, captures the sentiment behind the requirement:
Perhaps the problem here is that, in all of the education policy community’s obsession with test scores and dollars, we’ve lost sight of what school choice should ultimately be about: freedom. It should be about creating an education system that allows people to choose for themselves what values they will embrace and how they will live, not one that allows the state to dictate — either through hard compulsion or soft bribery — those things. Giving the state that power, though the state might employ it only rarely or gently, is still ultimately giving the state authority over our thoughts and expressions, and that is the basis for, potentially, a most thorough of tyrannies.
There is great irony in this aspect of Indiana’s soon-to-be law, which would curb the ability of educators to freely teach as they please, and of parents and students to freely seek out the education they want. As Sen. Yoder says, to “make sure the students appreciate our great history in the U.S.,” the law would curb that thing that has made it great: individual liberty.
Of course, the very understandable fear animating this is that unless taught the importance of freedom as children, adults will sacrifice liberty. But government coercion to prevent that, even if well intentioned, doesn’t appear to produce the desired results — liberty is sacrificed without even getting the hoped for ends.
According to a recent summary of research compiled by University of Arkansas professor Patrick Wolf on the transmission of “civic values” such as political tolerance, civic knowledge, and even proclivity to perform community service, private-school students come out on top. Why? Most likely because in public schooling people holding lots of different opinions on what constitutes proper “American” values are forced to pay for a single system of government schools, and hence to fight over what the system teaches. All too often the road to peace is to teach, well, nothing, or close to it, in order to anger as few people as possible. Private schools, in contrast, tend to hold set, coherent values parents agree to when choosing them, and it appears that if uncoerced, people will choose to have their children educated to be good citizens.
School choice must be about freedom — the ultimate American value — not, as Indiana is on the verge of doing, undermining liberty in the name of protecting it.
China Cracks Down on Ideas. And Music. And Advertising.
The government of China finally confirmed that it has detained the artist Ai Weiwei. Meanwhile, Evan Osnos writes from Beijing for the New Yorker about China’s “Big Chill”:
Step by step—so quietly, in fact, that the full facts of it can be startling—China has embarked on the most intense crackdown on free expression in years. Overshadowed by news elsewhere in recent weeks, China has been rounding up writers, lawyers, and activists since mid-February, when calls began to circulate for protests inspired by those in the Middle East and North Africa. By now the contours are clear: according to a count by Chinese Human Rights Defenders, an advocacy group, the government has “criminally detained 26 individuals, disappeared more than 30, and put more than 200 under soft detention.”
Indeed, everywhere I turn today, there’s news about Chinese censorship and fear of dissent, of ideas, of art, of words like “luxury.” The Washington Post has a major article on Bob Dylan’s concert Wednesday night in Beijing. Dylan, the troubadour of the peace movement and the Sixties and civil rights, in the capital of the world’s largest Communist party-state. How’d that go? Ask Keith Richburg, whose Post article is titled “The times they are a-censored“:
Rock music icon Bob Dylan avoided controversy Wednesday in his first-ever appearance in Communist-led China, eschewing the 1960s protest anthems that defined a generation and sticking to a song list that government censors say they preapproved, before a crowd of about 5,000 people in a Soviet-era stadium.
Keeping with his custom, Dylan never spoke to the crowd other than to introduce his five-member band in his raspy voice. And his set list – which mixed some of his newer songs alongside classics made unrecognizable by altered tempos — was devoid of any numbers that might carry even the whiff of anti-government overtones.
In Taiwan on Sunday, opening this spring Asian tour, Dylan played “Desolation Row” as the eighth song in his set and ended with an encore performance of “Blowin’ in the Wind,” whose lyrics became synonymous with the antiwar and civil rights protest movements.
But in China, where the censors from the government’s Culture Ministry carefully vet every line of a song before determining whether a foreign act can play here, those two songs disappeared from the repertoire. In Beijing, Dylan sang “Love Sick” in the place of “Desolation Row,” and he ended his nearly two-hour set with the innocent-sounding “Forever Young.”
There was no “Times They Are a-Changin’ ” in China. And definitely no “Chimes of Freedom.”
SCOTUS Issues a Super-Zelman Decision on Education Tax Credits
Today, the Supreme Court of the United States issued the Zelman decision for education tax credits. More than that, it’s Super-Zelman.
The findings in Zelman apply just as well to education tax credit programs, but only credit programs allow taxpayers to spend their own money on education.
As Andrew Coulson explained in detail earlier, the Court ruled that education tax credits are not government funds, and the plaintiffs therefore have no standing to bring suit in the first place. They were not harmed because none of their money was collected and then disburse by the state.
Children are rightly our primary concern, but taxpayers deserve more consideration than they often get in debates over education reform.
Education tax credit programs can expand educational choice and freedom while respecting the preferences and values of the individual taxpayers who earned that money in the first place.
Voucher programs simply cannot provide this kind of accountability to both parents and taxpayers.
Ask Not What Frankenstein Can Do for You…
Today is the 50th anniversary of President John F. Kennedy’s inaugural address, where he implored, “Ask not what your country can do for you, ask what you can do for your country.” People are commemorating the anniversary in various ways. Google is paying tribute to JFK’s address in its logo:

I thought it might be worth reprinting Milton Friedman’s assessment of JFK’s memorable line, taken from the introduction to Friedman’s 1962 book, Capitalism and Freedom:
IN A MUCH QUOTED PASSAGE in his inaugural address, President Kennedy said, “Ask not what your country can do for you — ask what you can do for your country.” It is a striking sign of the temper of our times that the controversy about this passage centered on its origin and not on its content. Neither half of the statement expresses a relation between the citizen and his government that is worthy of the ideals of free men in a free society. The paternalistic “what your country can do for you” implies that government is the patron, the citizen the ward, a view that is at odds with the free man’s belief in his own responsibility for his own destiny. The organismic, “what you can do for your country” implies that government is the master or the deity, the citizen, the servant or the votary. To the free man, the country is the collection of individuals who compose it, not something over and above them. He is proud of a common heritage and loyal to common traditions. But he regards government as a means, an instrumentality, neither a grantor of favors and gifts, nor a master or god to be blindly worshipped and served. He recognizes no national goal except as it is the consensus of the goals that the citizens severally serve. He recognizes no national purpose except as it is the consensus of the purposes for which the citizens severally strive.
The free man will ask neither what his country can do for him nor what he can do for his country. He will ask rather “What can I and my compatriots do through government” to help us discharge our individual responsibilities, to achieve our several goals and purposes, and above all, to protect our freedom? And he will accompany this question with another: How can we keep the government we create from becoming a Frankenstein that will destroy the very freedom we establish it to protect? Freedom is a rare and delicate plant. Our minds tell us, and history confirms, that the great threat to freedom is the concentration of power. Government is necessary to preserve our freedom, it is an instrument through which we can exercise our freedom; yet by concentrating power in political hands, it is also a threat to freedom. Even though the men who wield this power initially be of good will and even though they be not corrupted by the power they exercise, the power will both attract and form men of a different stamp.
Tunisia: An Omen for Other U.S.-Backed Regimes in the Muslim World
The sudden collapse of the Tunisian government on Friday underscores the turmoil toward which the Muslim world seems inescapably drifting. As I wrote earlier today at The National Interest Online:
Today, as during the Cold War, policy makers in Washington seem to expect economic growth to act as a substitute for political liberty, thereby ignoring the instinctive desire for freedom. Despotic leaders love to adopt pseudo-economic “reforms” to mask their coercive measures and perpetuate the status quo, but in the end, the institutionalized oppression imposed by ruling elites cannot be appeased in that way. Time will tell whether Tunisia and its neighbors evolve toward a freer and more prosperous future. But either way, human history confirms that fundamental change is a gradual and often painful process, and that more often than not forces erected to suppress individual freedoms eventually break down or unravel…
Campaign Finance: Don’t Confuse Me with the Evidence
Today POLITICO Arena asks:
Is it worrisome that Americans spend on political advocacy – determining who should make and administer the laws – much less than they spend on potato chips, $7.1 billion a year?
My response:
For decades among modern liberals it has been an article of faith — devoid of evidence — that money corrupts politics and that there is too much money in politics — “unconscionable” amounts, we’ve been told, repeatedly. Thus the crusade to restrict and regulate in exquisite detail every aspect of campaign finance, beginning in earnest with the Federal Election Campaign Act of 1971 and culminating with the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold). Yet after every new restriction along that tortuous course, ever more money has flowed into our political campaigns. But for all that, they’re no more corrupt than they’ve ever been. In fact, the best evidence of the fool’s errand that campaign finance “reform” has been all along is found in comparisons between states with little and states with extensive campaign finance regulations: When it comes to corruption, there’s not a dime’s worth of difference between the regulated and the unregulated states.
But all those regulations have accomplished two things that should give liberals pause. First, by virtue of their sheer complexity and cost, they pose a serious impediment to those who would challenge incumbents, who already have a major leg up on reelection. And second, because we cannot limit private campaign contributions and expenditures altogether, thanks to the First Amendment, the regulations have led to money being diverted away from candidates and parties and into other, often unknown, hands, over which the candidates and parties have no control — by design. As a result, we see candidates today having to disavow messages underwritten by people who would otherwise, but for the regulations, have given directly to the candidate or the party. But that outcome was absolutely predictable – and was predicted. Two good reasons to end this campaign finance regulation folly and let individuals and organizations contribute and spend as they wish. What are we afraid of, freedom?

