Colin Kaepernick’s Lawfare “Protest”

After being unable to get a job with any team in the NFL this season, Colin Kaepernick has filed a formal grievance against the NFL, each of the 32 team owners, and President Donald Trump—who supposedly “influenced” league management and team owners into not hiring him—alleging that they colluded to not sign him at quarterback, or end-of-bench monitor, this season.

Coincidentally, his filing comes after a year in which he routinely attacked our flag and national anthem and insulted our veterans by taking a knee during the pre-game playing of our national anthem.  Also coincidentally, his filing comes after a year in which he led his last employer, the San Francisco 49ers, to a 1-10 record before the team tired of losing and benched him.

Let’s set aside Kaepernick’s beef against Trump.  Aside from being utterly laughable, it casually insults the team owners as being cowards unable to run their businesses in the face of a Presidential tweet parade.  That’s a minor point.

What illustrates the risible nature of Kaepernick’s grievance is its centering on his free speech rights and his claim that he’s been blackballed as a result of his so-called protests.

Carefully elided is everyone else’s free speech right to object to his behavior, just as vociferously, including with ticket dollars and TV viewing.  This particularly includes team owners, who don’t give up their free speech rights to respond in the same forum to Kaepernick’s, et al., free speech “protests.”

Also: a private company employee’s free speech rights, within very broad limits, are matters of employment contract parameters. The 1st Amendment limits Government, not private entities.

Beyond all of that, neither a broad functional consensus—paralleling the fans’ broad consensus—of owners disliking this particular misbehavior, nor a separate broad functional consensus that employees publicly disparaging our national symbols and insulting those who fought to defend them is bad for business, even remotely approach collusion.

There is no case in this lawfare assault.

Another Bit of Foolishness

And another incentive for businesses to relocate.

San Francisco is looking to tax robots because they are taking rote jobs that humans do.  They’re not the first to consider such a thing, but it’s still foolish.  Never mind, especially with minimum wage laws pricing the unskilled and/or poorly educated out of work, that robots do the jobs more cheaply.  Robots are more reliable, too, as Security guard Eric Leon noted about a security robot:

He doesn’t complain.  He’s quiet.  No lunch break.  He’s starting exactly at 10.

The robot also doesn’t take sick leave or parental leave or any of the other labor froo-froo that San Francisco has mandated, regardless of what an employer and employee might work out between themselves without Know Betters’ dubious help.

If a business is going to be prevented from lowering its cost of doing business, it has little incentive to stay put.  And human consumers, facing artificially elevated prices, aren’t helped a whit.

Some Labor Day Questions

First published in 2015, I’ve updated it for today.  In an ideal world, I’ll be able to update it again next year, with a more optimistic tone.

The Wall Street Journal asked some questions on Labor Day 2012, and supplied some answers.  Here are some of those questions and answers, which remain as valid this Labor Day.

  • Q: How are America’s workers doing? Not good. Over the past decade, over the ups and downs of the economy, taking inflation into account, the compensation of the typical worker — wages and benefits—basically haven’t risen at all. … The Labor Department recently said that 6.1 million workers in 2009-2011 have lost jobs that they’d had for at least three years. Of those, 45% hadn’t found work as of January 2012. … Federal Reserve Chairman Ben Bernanke said Friday that unemployment is still two percentage points higher than normal….
  • Q: Things ARE getting better, though. The US economy is creating jobs, right? Back in December 2007 when the recession began, there were about two jobless workers for every job opening.  When the economy touched bottom in mid-2009, there were more than six unemployed for every job.  At last count, the BLS says there were 3.4 jobless for every opening.
  • Q: How much of this elevated unemployment is because the unemployed just don’t have the skills that employers are looking for right now?  …the bulk of the evidence is a lot of the unemployment really is the old-fashioned kind: the kind that would go away if the economy was growing at a stronger pace. Mr. Bernanke said as much at the [2012] Jackson Hole conference….

The Democratic Party President has taken a bad situation and done little to improve it, even though he’s had four more years in which to do so.  He has, though, actively attacked businesses—the hirers—demonizing them, (over)regulating them, demanding to raise taxes on them.

At least as importantly, the current Democratic Party Presidential candidate has vowed to continue these Democratic policies, and to extend them.  Even with nearly eight years of empirical data demonstrating the bankruptcy of these policies.

Under the new Trump administration, the jobs situation seems, at least superficially, to be improving, although still too slowly.  The headline unemployment rate is at an historic low; however, the labor force participation rate—the denominator in that headline rate—remains at an historic low, also.  And, wages aren’t growing as they would in a normal, more robust economic recovery.

Further, the Federal Reserve Bank management, aided and abetted by the Progressive-Democratic Party Representatives and Senators, are highly resistant to removing job- and job growth-restricting regulations that were emplaced 10 years ago (under Dodd-Frank, for instance) with the ostensible purpose of mitigating the Panic of 2008.  With that dislocation long behind us, those regulations no longer serve a useful purpose.

Happy Labor Day.

Getting Ridiculous

ESPN has withdrawn one of its sportscasters from calling a University of Virginia football game for the sole reason that he bears the evil name of Robert Lee.  Not Robert E Lee, the Civil War evil general’s name, just Robert Lee.  That’s too close to evil for the PC gang.

Instead Lee (if I might be permitted to use that name) was reassigned to “a different game” where he’ll be more out of sight.

ESPN notes that assignments are switched all the time.

Including for racist reasons.

Congress Has 12 Days

There are 12 days left after their 5 September return from vacation, driven by the Obamacare requirement for health plan providers to commit by 17 September to selling their health plans for the next year or withdrawing, for Congress to pass a potful of legislation.

Two proposals regarding Obamacare are in the offing.  One would shore up the funds transfer of Federal dollars to those providers who are losing money in ObamaMart, and the other instead would send that money as grants to the States to help them generate their own health coverage plan programs.  This one also would eliminate the Individual Mandate.

Also looming is the debt funding deadline that necessitates raising the debt ceiling to pay currently committed-to bills.

Also: an immigration bill that rationalizes our immigration policy is in conference.  It severely restricts green card issuance (which is foolish IMNSHO), but it has the beneficial effect of that rationalization.

Also: an infrastructure restoral bill is under construction.

Also: bills to withdraw counterproductive, if not outright mendacious, Federal rules and rulings in the EPA, DoEd, Labor, etc that were intended to destroy whole industries (can you say, “coal,” boys and girls?), cancel rule of law on campuses, much too excessively favor unions over management (NLRB), and on and on.

Twelve days of Christmas?  Or is the Grinch coming? [/snark]  Not all of those necessaries have that 12-day deadline, but all of them need to be done quickly, since Congressmen—of both parties and in both houses of Congress—are too (how to put this delicately) chicken to do anything substantive in an election year.  Even were they around in DC doing their jobs instead of hiding out on their various campaign trails.