law

Book discussion: Classified by David E. Bernstein

This entry was posted in Book discussion and tagged books history law on by

Cover, Classified by David BernsteinRace, we’re often told, is a social construct. Sometimes it’s even more arbitrary; it’s a government construct. Since the days of slavery, governmental units in the US have assigned people racial designations based on bizarre criteria. The civil rights era and the introduction of affirmative action only made it crazier. Iranians, Afghanis, and Arabs aren’t Asian, even though they’re mostly from Asia. Instead, they’re “white.” You can be from Spain, yet not be Hispanic. Native Hawaiians aren’t Native American. Members of recognized minority groups lobby to keep other people from being recognized as minority groups.

Official designations of racial and minority status in the United States are insane, but David E. Bernstein keeps a straight face as he documents them in Classified: The Untold Story of Racial Classification in America.
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Can freelance writers work in Lakeway, TX?

This entry was posted in Writing Writing as business and tagged business law writing on by

The Institute for Justice has launched a lawsuit against the city of Lakeway, Texas, over its heavy restrictions on home-based businesses. The business at the center of the controversy is a daycare center, but it got me wondering how freelance writers are affected. The city had nineteen criteria to be met, recently reduced to ten. I can’t find a full list, but the hints I’ve seen suggest that writers are OK in principle. Freelance writers don’t normally have customers come to their homes, make lots of noise, or emit clouds of toxic fumes.
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The state of business licensing for writers

This entry was posted in Writing Writing as business and tagged business law writing on by

Most writers are freelancers. In many places in the United States, you need the government’s permission, in the form of a business license, to be a freelance writer. Convincing the government to let you earn money writing generally requires paying money. This is a direct violation of the First Amendment’s guarantee of freedom of the press. You aren’t free if you need to pay for permission to earn a living. Don’t count on the courts to agree with you, though.

If you choose to incorporate, that’s a separate issue; this article applies only to sole proprietorships. By definition, incorporation involves registration with a government office.

Zoning can be another concern. In some places, people aren’t allowed to operate a business from their home, even if it has no impact on anything beyond its walls. You can try to stay under the radar, but a neighbor could snitch on you. I don’t cover zoning issues here.

Some states require a license to operate any kind of business, but freelance writing may or may not be considered a “business” for that purpose. To a large extent, governments realize it would be bad publicity to ban people from writing or fine them for lack of permission, but it can happen. I’ve seen people say on freelancer boards that their state required them to get a license.

Corrections and additional information in the comments are welcome.
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A writer’s guide to freedom of speech and press in America

This entry was posted in Commentary and tagged copyright law liberty writing on by

People in the United States enjoy some of the strongest legal protections on their speech and writing in the world. Saying some things is illegal, though, and others open you to getting sued. There’s a lot of misinformation around on what is and isn’t considered free speech. Here’s a quick rundown of some common claims. US Constitution

Standard disclaimer: This isn’t legal advice. It’s my best understanding. See a lawyer when in doubt. In some cases, I’ve cited court cases you can look up and study.
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Non-compete clauses for freelancers

This entry was posted in Writing Writing as business and tagged contracts law writing on by

Recently I got into a Reddit discussion that included a question about a non-compete clause for a freelance writer. Such clauses have legitimate uses, but broadly written ones can be nasty. They can damage a writer’s ability to earn an income. I’m not an expert in this area, so I’ve gone looking for reliable material.

PublishLawyer.com has an informative article, primarily addressing fiction writers. It quotes a “typical provision”:

During the term of this Agreement, Author has not prepared or published, and shall not prepare or publish, or participate in the preparation or publication of any work that directly competes with the sales of the Work.

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Judges assault First Amendment

This entry was posted in Commentary Writing Writing as business and tagged First Amendment law liberty on by

A recent ruling by the U.S. Court of Appeals for the 10th circuit should seriously worry writers. It says that the government can ignore the First Amendment when it feels like it. In the case in question, the court acknowledged that website design work is “pure speech,” which means it’s protected by the First Amendment. “Appellants are forced to create websites — and thus, speech—that they would otherwise refuse.” But then it argued that the State of Colorado has a “compelling interest” in forcing a website designer to work for the plaintiff. It ruled that, in spite of the plain First Amendment violation, the designer can be forced to create speech.
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The “Pro Act” bill threatens free expression

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

The more I hear about the “Pro Act” bill (it’s not an act till Biden signs it), especially from its supporters, the more convinced I am that it’s a threat not just to writers’ livelihoods but to free expression.

As I wrote in an earlier post, the bill is a wolf in sheep’s clothing. On the surface, it just grants freelancers a freedom we didn’t have before, the freedom to deal with clients through organizations. This ignores the reality of labor law, which gives unions the power to compel employers by force of law to enter into agreements. Outsiders often have the choice of joining the union, giving the union money without joining, or not working for a unionized employer.
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An assault in Congress on freelance writers

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

Previously I’d written about California’s AB-5, which put heavy restrictions on the number of articles freelance writers could sell. That was ultimately amended, after some major companies stopped using freelancers.

A bill now in Congress is raising similar concerns. It’s different from AB-5 in important respects but is still disturbing. The “PRO Act” has passed the House of Representatives and gone to the Senate. It would require clients to treat freelance writers as employees, but only in certain respects. To be exempt, writers would have to pass all three requirements of the “ABC test”:
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Book discussion: The State Against Blacks by Walter Williams

This entry was posted in Book discussion and tagged books law liberty on by

Economist Walter Williams died on December 2, 2020. As with my post on James Randi, this article is more a memorial to him than a discussion specifically of The State Against Blacks. If you haven’t heard of Williams, Thomas Sowell’s essay on him is a good place to start. It’s worth reading even if you have. (Sowell is 90 years old himself. I hope I don’t have to do a similar piece on him too soon.)
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Book discussion: Free to Move

This entry was posted in Book discussion and tagged books freedom law liberty on by

Darth Vader saying: Not happy with the Empire? Then move to Another GalaxyIt’s a curious thing that the people who say you should leave the country if you don’t like it are so often the ones who favor legal barriers to doing it. Having the option is a valuable freedom, though.

We take for granted the freedom of Americans to travel from one part of the country to another, or at least we did until 2020. Now governments are imposing interstate travel restrictions in a futile attempt to contain a virus which is already on both sides of every state line. Shortly before I started writing this, I learned that if I travel six miles to Massachusetts, I now have to show a recent negative COVID-19 test or quarantine for 14 days. I don’t know how they plan to enforce it. Putting checkpoints on every road that crosses the state line would be ridiculous. Maybe they’ll pull over cars with out-of-state plates and demand test documentation. Maybe friends and family members will start standing on opposite sides of the state line to talk to each other as the police watch to make sure they don’t step over the border.

The freedom to “vote with your feet” is the topic of Ilya Somin’s book, Free to Move. Somin is probably best known for his writing in the collaborative legal blog “The Volokh Conspiracy.” He presents an argument for maximizing the freedom to relocate from one country, state, or town to another.
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