Cato @ Liberty
Don't Compel Doctors to Promote State-Favored Programs
Sun, 23 Apr 2017 18:24 EDT

Like all states, California has licensed medical centers of every kind. One particular type, often known as a “crisis pregnancy center,” provides pregnancy-related services with the goal of helping women to make choices other than abortion. Based on opposition to these centers, the California legislature enacted a law requiring licensed clinics “whose primary purpose is providing family planning or pregnancy-related services” to deliver to each of their clients the following message: “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women.” But the law also creates an exception for clinics that actually enroll clients in these programs—so, in effect, it applies only to clinics that oppose the very program they must advertise.

Several of these crisis pregnancy centers sued to block the law, arguing that it violated their First Amendment rights by forcing them to express a message to which they are opposed. But the U.S. Court of Appeals for the Ninth Circuit upheld the law, holding that it regulates only “professional speech” and therefore should be reviewed under a more deferential standard, rather than the normal strict judicial scrutiny that applies to laws compelling speech. The centers have petitioned the Supreme Court to review their case; Cato has filed a brief supporting that petition.

In our brief, we explain that the definition of “professional speech” that the Ninth Circuit applied is dangerously overbroad. Regulation of patient-physician speech is justified by the notion that when doctors speak to their patients, they assume a special obligation to communicate their expertise fully and truthfully. These regulations protect patients, who can’t be expected to have the same specialized knowledge as their medical providers. But they can’t be extended beyond that bright line of specialized knowledge: if a state can force its doctors to read a pre-written advertisement to their patients, it can force them to say anything the state wants.

Compelling licensed professionals to speak the government’s message is dangerous for precisely the reasons compelled speech is always dangerous. Most importantly, it allows the government to impermissibly put its thumb on the scale in a social debate, by conscripting individuals to help spread a particular message. (Tellingly, California has no equivalent law forcing clinics to advertise adoption agencies or other choices.)

Further, the law burdens the conscience of speakers, by forcing them to promote programs that they morally oppose. This is precisely the invasion of “the sphere of intellect and spirit” that Justice Robert Jackson warned of 70 years ago, in the first Supreme Court case to strike down a compelled-speech law, West Virginia Board of Education v. Barnette (1943). The Court should review National Institute of Family & Life Advocates v. Becerra, reject the Ninth Circuit’s dangerous “professional speech” doctrine, and apply the lesson of Barnette in striking down this law.

Good News for Earth Day: A Negative Result from Ocean Acidification
Sat, 22 Apr 2017 10:00 EDT

In 2012, Stanford’s Daniele Fanelli published a provocative paper, “Negative Results are Disappearing in Most Disciplines and Countries” in the prestigious about-science journal Scientometrics. It demonstrated a remarkable increase in the number of papers reporting “positive” results, meaning those that found data in support of a prior hypothesis.

The reasons are manifold and in part to do with the way that we fund science. Research proposals usually include some statements of hypotheses that serve as the rationale for funding. For example, one might hypothesize that global warming will increase heat-related death, reduce crop yields, or cause wars. And, almost always, the funded scientists will find evidence to support each hypothesis.

Part of this has to do with the way agencies dole out the dough. There’s usually a meeting of five or so folks who wade through maybe a hundred proposals. There’s general discussion about which ones are worth funding, often centering around objectives and hypotheses. Upon funding, research that does not support a funded hypothesis will threaten a grant renewal.

“Ocean Acidification” will be, in our humble opinion, the next in a long line of ends-of-the-worlds that we have come to be used to. Global cooling, acid rain, stratospheric ozone depletion, tropospheric ozone increases, and global warming come to mind, in sequential order, soon to be followed by ocean acidification as our environmentalist friends become frustrated with any real meaningful policies to forestall our heretofore torpid warming.

Oddly enough, there are vast areas of the central Atlantic and Pacific oceans with naturally very low pH, or relative acidity, compared to the rest of the sea, and their relative acidity changes are large, compared to any small changes that humans have foisted on the ocean. Given that there’s often considerable biodiversity in these regions, isn’t it odd that virtually all research findings show ocean acidification to be deleterious? Kloekel (2010) performed a meta-analysis of nearly 600 findings and found approximately 97% deleterious results. That only 3% were salutary seems odd on a world where ocean pH naturally varies so much.

A recent “exception” was just published—deVries et al. (2016) in Scientific Reports. They set out to “examine the long-term effects of moderate increases in pCO2 and temperature” on the stress physiology and the hard exoskeleton of shrimp. It is a standard meme that decreasing pH, in general, is bad for hard-shelled organisms. They varied the pH and the temperature in a controlled laboratory setting. The working hypothesis was that lowered pH (more “acidic”) along with high temperature would elicit a stress response and render the shell more brittle.

Didn’t happen. Contrary to their initial thinking, the mantis shrimp exhibited an “apparently large tolerance range for changes in environmental pH and temperature.” More specifically, they found that “N. bredini showed no changes in growth, molting, enzymatic and protein indicators of oxidative stress, exoskeleton morphology, calcium content, or mechanical properties in response to experimental pH and temperature stressors,” which findings, in their words, suggest “that this species has evolved compensation mechanisms to cope with significant environmental change.” And if this one species has developed compensation mechanisms, it is not an illogical stretch to assume that other intertidal species have done so too.

Consequently, alarmist concerns for the future well-being of marine life in response to the twin evils of ocean acidification and warming are tempered (again) by observations showing that life tends to find a way to cope with the many challenges it faces.



deVries, M.S., Webb, S.J., Tu, J., Cory, E., Morgan, V., Sah, R.L., Deheyn, D.D. and Taylor, J.R.A. 2016. Stress physiology and weapon integrity of intertidal mantis shrimp under future ocean conditions. Scientific Reports 6: 38637, DOI:10.1038/srep38637.

Kroeker, K.J., et al, 2010. Meta-analysis reveals negative yet variable effects of ocean acidification on marine organisms.  Ecology Letters, (2010) 13: 1419–1434 doi: 10.1111/j.1461-0248.2010.01518.x

Corporate Tax Cuts: Canada’s Experience
Fri, 21 Apr 2017 16:50 EDT

President Donald Trump and congressional Republicans are proposing to cut the corporate tax rate. With any tax cut, members of Congress want to know how much revenue the government may lose from the reform. I do not think that cutting our 35 percent federal corporate tax rate to 20 percent or so would lose the government any money over the long term. U.S. and foreign corporations would invest more in the United States, which would boost our economy, and corporations would avoid and evade taxes less.

Canada provides us with a real-world trial run of corporate tax cuts, and new budget data includes the latest revenue estimates. The nation slashed its federal corporate tax rate from 38 percent in the mid-1980s, to 29 percent by 2000, to 15 percent by 2012, as shown in Chart 1 below. Has the government lost revenue?

You be the judge. Chart 2 shows that corporate tax revenues in Canada have fluctuated with the ups and downs in the economy—revenues fell, for example, during recessions in the early 1990s and 2009. But even with the modest Canadian economic growth of recent years, revenues have held up under a much lower rate. Corporate tax revenues are 2.1 percent of gross domestic product (GDP) today, which is a bit higher than in the mid-1980s when the rate was more than twice as high.

Let’s compare to the United States. While Canada’s 15 percent federal corporate tax will raise 2.1 percent of GDP this year, the 35 percent U.S. federal corporate tax will raise just 1.7 percent. Thus, the Canadian corporate tax raises relatively more than the U.S. tax—even though the rate is less than half the U.S rate.



Canada historic tax revenues here. New Canadian budget data here.