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Your Local DMV May Have No Sense of Humor

A collection of license plates from different states | Sebastian Kahnert/dpa/picture-alliance/Newscom

For the price of $77 to $224, Pennsylvania residents can get a personalized license plate that "contain[s] a combination of up to seven letters and/or numbers," per the state's Department of Transportation (PennDOT). 

That is unless your application for a vanity plate is among the 2,872 rejected over the years.

The department keeps a "Do Not Issue" list, effectively banning thousands of "unacceptable configurations" that they interpret as euphemisms, epithets, or obstructions to law enforcement.

These restrictions are backed by PennDot's loosely defined list of 16 criteria, which the department's staff strictly adheres to, using internet slang dictionaries to check if the acronyms pass.

To be fair, it's not the entire list that raises eyebrows. Restrictions on libel or slander—as well as text that meddles with the license plates' primary purpose "to provide a State-issued, visible, and unique alpha-numeric identification mark for display in a uniform manner"—make sense.

But then you have "words which inflict injury or tend to incite an immediate breach of the peace." What does that include, exactly? It includes what the department staff says it includes. 

Also not allowed are acronyms that suggest sexual innuendo, like BLOWME, or contain profane or obscene intent, like DZZNUTZ. Don't even think about references to excretory functions.

Pennsylvania is far from the only state that has banned acronyms from vanity plates. New York doesn't allow NOTPOLCE or, for whatever reason, AY000000. Tennessee banned ILVTOFU back in 2014 for a vegan application. In 2017, Georgia banned Donald Trump's infamous COVFEFE gaffe. Kentucky said no to KARMA.

The examples don't end there; a list of banned personalized plates is commonplace across the U.S. But the constitutionality of the matter is not necessarily settled.

In 2015, a Texas nonprofit argued that displaying the Confederate flag on the organization's special license plate was their First Amendment right. In a 5-4 vote, the court disagreed. 

"In our view, specialty license plates issued pursuant to Texas's statutory scheme convey government speech," former Justice Stephen Breyer wrote for the majority. "Were the Free Speech Clause interpreted otherwise, government would not work."

The dissent argued that most people do not recognize speech on a license plate as government policy. "The Court's decision passes off private speech as government speech," wrote Justice Samuel Alito, "and, in doing so, establishes a precedent that threatens private speech that government finds displeasing." 

The Court's ruling, however, applied to special plates with names and logos, not personalized plates. There is thus no official ruling at a national level as to whether vanity plates are private or government speech. This leaves plenty of room for state officials to interpret the propriety of applications for approval, and even to rescind vanity plates to address complaints.

Without an official distinction, however, there have been many instances of successful lawsuits to reverse rejections, from striking down Kentucky's rejection of IM GOD to stopping California's crackdown against messages "offensive to good taste and decency."

Eugene Volokh, a professor of law at the University of California Los Angeles School of Law, wrote that lower courts, upon petition, have typically recognized the design of the plate as government speech, but not the text itself. But until there's an official distinction by the Supreme Court, rejected applicants who are upset can try suing. Otherwise, the next-best option is taking it up to the department.

And though PennDOT is willing to discuss rejections with applicants, they have a disclaimer: "PennDOT reserves the right to limit or reject certain requests."

The post Your Local DMV May Have No Sense of Humor appeared first on Reason.com.

Biden Pours Out Another $6.5 Billion for the CHIPS Act's Costly Protectionism

A semiconductor | DIRK WAEM/Belga/Sipa USA/Newscom

The White House this month announced plans for how it will direct billions of dollars in funding toward semiconductors, marking a new phase in the implementation of the CHIPS and Science Act.

The $280 billion legislation, signed into law in 2022, aims to bolster semiconductor production in the U.S. President Joe Biden's administration said Monday that it will funnel $1.5 billion to GlobalFoundries, a semiconductor manufacturing and design company, to increase its domestic output. Perhaps more significant, however, was Biden's dispatch earlier this month announcing the administration will use at least $5 billion to establish a National Semiconductor Technology Center (NSTC), which will, among other things, support "the design, prototyping, and piloting of the latest semiconductor technologies," according to the White House. 

This latest effort is part of the government's expensive and protectionist public-private partnership meant to address concerns over a reliance on foreign countries, like China, for chips.

"Semiconductors were invented in America and serve as the backbone of the modern economy," the White House said in a statement. "But today, the United States produces less than 10 percent of global supply and none of the most advanced chips."

The NSTC will supposedly also play a crucial role in expanding the semiconductor workforce to manufacture computing chips that can complement advances in artificial intelligence and related industries. Semiconductors are projected to become a $1 trillion industry by 2030, according to McKinsey & Company.

The CHIPS and Science Act has several eyebrow-raising elements, including $81 billion for the National Science Foundation—doubling the agency's budget over five years. Another $24 billion will go toward tax credits meant to subsidize and incentivize private companies to invest in semiconductors.

While the legislation was likely well-intentioned, it was doomed to have protectionist ramifications. "To defeat China, the argument goes, the U.S. must adopt the tactics of the Chinese Communist Party, at least when it comes to high-end manufacturing," Reason's Eric Boehm wrote in January 2023. But that ham-handed approach to industrial policy and corporate welfare drives up the deficit and hampers economic growth at very little benefit to the taxpayer, who are forced to fund these initiatives. 

It's likely unsurprising that many large corporations lobbied for the CHIPS and Science Act, including Meta, Microsoft, Google, Amazon, Apple, Northrop Grumman, Carrier, Trane, and General Dynamics, as well as labor unions like the American Federation of Labor and Congress of Industrial Organizations and the Communications Workers of America. "Big government means big lobbying," wrote David Boaz, a senior fellow at the Cato Institute. "When you lay out a picnic, you get ants. And today's federal budget is the biggest picnic in history."

The CHIPS and Science Act passed with bipartisan support. But its detractors were also made up of strange bedfellows. Sen. Bernie Sanders (I–Vt.) and then-Rep. Kevin McCarthy (R–Calif.) both referred to the law as "corporate welfare" and a "blank check." Sanders went as far as to call it a "bribe."

"When the government adopts an industrial policy that socializes all the risk and privatizes all the profits, that is crony capitalism," Sanders said.

He's not wrong. The law "is another episode of politicians granting favors to their friends in the semiconductor industry," Veronique de Rugy, a contributing editor at Reason and a senior research fellow at the Mercatus Center, wrote last year. Such an approach "punishes those who aren't elite or can't organize to extract favors from politicians."

Michelle Nuzzo-Kelly is an apt example. She was among the residents of Burnet Road near Syracuse, New York, who received several offers to purchase her home. But those offers didn't come from private buyers: They came from the government, as Onondaga County sought to expand a plot of land so it could attract a developer. Micron, one of the world's largest semiconductor manufacturing firms, is now set to build a facility there, thanks to lucrative taxpayer-funded subsidies from the state and federal government.

"The offers to buy Nuzzo-Kelly's home were never really just offers," Boehm wrote when covering the case in November 2022. "They were demands backed by a threat to use government power to force her to sell."

The post Biden Pours Out Another $6.5 Billion for the CHIPS Act's Costly Protectionism appeared first on Reason.com.

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