CEI Podcast for October 18, 2012: The Limits of Free Speech


Have a listen here.

Free speech is a core value in any free society. But what are its limits? Senior Attorney Hans Bader discusses a UN resolution to ban anti-religious speech and a court case involving a professor who sent anti-immigration emails. The best remedy for hateful speech, he argues, is not to silence it with laws and courts. It is to rebut it with speech of one’s own.

Slow News Day

Politico: Report: Bush takes up painting

CEI’s Battered Business Bureau: The Week in Regulation

This week in the world of regulation:

  • Last week, 38 new final rules were published, down from 88 the previous week. Note that it was a short work week due to the Columbus Day holiday.
  • That’s the equivalent of a new regulation every 4 hours and 25 minutes — 24 hours a day, 7 days a week.
  • All in all, 2,987 final rules have been published in the Federal Register this year.
  • If this keeps up, the total tally for 2012 will be 3,823 new rules.
  • Last week, 1,187 new pages were added to the 2012 Federal Register, for a total of 62,322 pages.
  • At its current pace, the 2012 Federal Register will run 78,690 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. The 40 such rules published so far in 2012 have compliance costs of at least $17.4 billion. Two of the rules do not have cost estimates, and a third cost estimate does not give a total annual cost. We assume that rules lacking this basic transparency measure cost the bare minimum of $100 million per year. The true cost is almost certainly higher.
  • No economically significant rules were published last week.
  • So far, 296 final rules that meet the broader definition of “significant” have been published in 2012.
  • So far this year, 565 final rules affect small business; 83 of them are significant rules.

Highlights from final rules published last week:

For more data, go to TenThousandCommandments.com.

The Missing Transparency: Where’s the Unified Agenda?

Some stories don’t get the press they deserve. When it comes to government transparency, it is essential to throw at least some sunlight on the problem. Over at the Daily Caller, Wayne Crews try to do just that:

Every spring and fall, as certain as the turning of the seasons, the General Services Administration’s Regulatory Information Service Center (RISC) issues a new edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions. Or it did, until this year. Published in the Federal Register around April and October of every year, the Unified Agenda is one of the more important transparency measures we have for keeping an eye on federal regulations (available online at RegInfo.gov). In it, rulemaking agencies disclose what rules they have at various stages of the regulatory pipeline, along with rules likely to move in the near future.

The problem is that it’s now October, and neither the spring nor the fall 2012 editions of the Unified Agenda have been published. The most recent edition we have is that of fall 2011, and even that was published late.

This might not be a particularly sexy issue (hence the lack of coverage), but it’s very important. The Unified Agenda is one of the most important transparency measures that we have for keeping an eye on regulations.

Read the whole thing here.

CEI Podcast for October 11, 2012: More Americans

Have a listen here.

Policy Analyst David Bier thinks the world could use more Americans. And an easy way make happen is through increasing legal immigration. America’s superior economic institutions give immigrants the ability to create more wealth and value than they could in their home countries. Expanding legal channels would also curb dangerous immigration black markets for labor and human smuggling.

Regulations Lower Manufacturing Output

An unsigned editorial in today’s Investor’s Business Daily describes the impact that federal regulations have on the manufacturing sector. The picture isn’t pretty; a new American Action Forum report estimates that they lower total output from 2 to 10 percent. Along the way, the writers also cite this week’s Battered Business Bureau post:

The Competitive Enterprise Institute tells us that the federal government churned out last week a new regulation at the rate of one every hour and 55 minutes.

By the end of this year, the bureaucratic machine will have produced 3,868 new regulations spread out over 78,783 pages of the federal register.

In Related News, Water Is Wet

Politico: Pentagon contractors defend their own interests

Fact of the Day

While researching for a project I’m working on, I learned that from 1999-2011, the EPA passed 4,995 new regulations. That’s an average of 384 per year — more than a regulation per day.

CEI’s Battered Business Bureau: The Week in Regulation


Just another week in the world of regulation:

  •  88 new final rules were published last week, up from 71 the previous week.
  • That’s the equivalent of a new regulation every 1 hour and 55 minutes — 24 hours a day, 7 days a week.
  • All in all, 2,949 final rules have been published in the Federal Register this year.
  • If this keeps up, the total tally for 2012 will be 3,868 new rules.
  • 1519 new pages were added to the 2012 Federal Register last week, for a total of 61,135 pages.
  • At its current pace, the 2012 Federal Register will run 78,783 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. The 40 such rules published so far in 2012 have compliance costs of at least $17.4 billion. Two of the rules do not have cost estimates, and a third cost estimate does not give a total annual cost. We assume that rules lacking this basic transparency measure cost the bare minimum of $100 million per year. The true cost is almost certainly higher.
  • One economically significant rule was published last week.
  • So far, 296 final rules that meet the broader definition of “significant” have been published in 2012.
  • So far this year, 563 final rules affect small business. 83 of them are significant rules.

Highlights from final rules published last week:

  • Last week’s economically significant regulation only costs an estimated $5.232 to $6.832 million. That’s because, as an anti-bioterrorism regulation, its estimated benefits are automatically estimated in the billions of dollars, well exceeding the $100 million threshold for economic significance. As always, I have used the lower $5.232 million figure for this year’s running compliance cost tally.
  • If you want to volunteer for the federal government’s Senior Companions or Foster Grandparents programs, or for AmeriCorps, you will now have to undergo a “fingerprint-based FBI criminal history check.”
  • The federal government has an Interstate Telecommunications Relay Service Fund to help people with speech and hearing disabilities use telephones. A new rule published on Thursday aims to reduce the amount of fraud and abuse in the program.
  • If you are planning on fishing for silky sharks, read this new regulation first.
  • The Federal Energy Regulation Commission has revised page 700 of FERC Form No. 6.

For more data, go to TenThousandCommandments.com.

Different Visions of Honesty

David Hume was the exemplar of Enlightenment thought. In one of philosophy’s oddest couples, he was good friends for a time with Jean-Jacques Rousseau, who did much to inspire the Romantic movement that arose in reaction against the Enlightenment. Here is one way in which they differed:

Rousseau and Hume were, at one time, the best of friends. But they had a falling out that made waves throughout Europe. The way both men reacted was indicative of their very different philosophical systems:

While both writers invoked the claim of honesty, the word meant very different things to the opposing camps. For Suard and, of course, for Hume, honesty entailed scientific and empirical method – above all, a rigorous fidelity to texts and contexts. On the other hand, Rousseau measured honesty by inward feeling and the subjective criterion of sentiment. The distance between the Enlightenment and the Counter-Enlightenment can be measured in this confrontation of methods.

-Robert Zaresky and John T. Scott, The Philosophers’ Quarrel: Rousseau, Hume, and the Limits of Human Understanding, location 2756 in the Kindle edition.