Tag: Civil Rights Act

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(You can read Chapter 1, focused on leading Washington politicians and the media here) Last year started with a couple of big bangs, politically. The January 6th violence at the US Capitol, of course. Buckle up for a cavalcade of first anniversary media this week, even though we’re still learning from and litigating that. Some […]

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Join Jim and Greg as they cheer Missouri Sen. Josh Hawley for calling out the Supreme Court’s recent judicial activism but also for upbraiding legislators for being too fearful to take up difficult issues and leaving them to the courts to resolve. They also slam NBC for attempting to get Google to deplatform The Federalist and Zero Hedge – largely based on objectionable content in the comments section.  And they discuss NFL Commissioner Roger Goodell suddenly encouraging teams to sign Colin Kaepernick.

Why Markets Work Better Than Anti-Discrimination Laws

 

Given the ongoing controversy over the Religious Freedom Restoration Acts in Indiana and Arkansas, I chose to use the newest installment of my weekly column for Defining Ideas to conduct a deeper examination of the principles that ought to inform our anti-discrimination laws. As I note there, the all-too-common invocation of Jim Crow as a precedent elides the fact that the pre-Civil Rights Act South was an exception to the general rule:

In the run-up to the 1964 Civil Rights Act the great impetus behind the passage of Title II was the widespread and conspicuous stories of motels and restaurants refusing to provide service to their black customers on equal terms with white customers, assuming that they were willing to provide for them at all. At this point, there is an evident breakdown in the operation of competitive markets, because it seems evident that some merchants—most notably national restaurant and hotel chains—that provided open service in the North were unable to do so in the South. The explanation in large measure rested on the combined threats of a segregationist establishment backed by private violence, which made entry of new businesses into the market to serve disfavored groups a near impossibility. The great achievement of the Civil Rights Act of 1964 was to smash these official and private barriers to open services. Once released, competitive forces took over, and the short-term crisis came to an end.

The Libertarian Podcast: Indiana, Discrimination, and Religious Liberty

 

This week on The Libertarian podcast, Professor Epstein takes on the controversy over Indiana’s Religious Freedom Restoration Act. Is it a vital protection for religious liberty? Is it an overbroad statute that needlessly opens the door to discrimination? Exactly how far should government be able to go in forcing individuals to interact with others against their will? And what are the limits to religious exemptions to broadly applicable laws? Those are just a few of the topics that we cover in this week’s episode. Listen in below or subscribe to The Libertarian via iTunes or your favorite podcast app.