Kids being tortured in government indoctrination centers is rustling my jimmies this episode. What's in the News with stories on cannabis DUIs, Bitcoin regulation in New Hampshire, and government inefficiency. This episode is brought to you by Swarm City, a decentralized commerce meta-platform that allows people to participate in commerce without interference from a third party. Also brought to you by Wry Guys t-shirts, the makers of all of the Pax Libertas Productions t-shirts, including for this show. A wry wit for today's shit.

WHAT’S RUSTLING MY JIMMIES

[1:31]

There are few things that rustle my jimmies more than people who harm kids, so when listener and supporter of the show, Link, sent me this article, I knew I had to talk about it, even though the article is three years old. The article is titled, “Violent and Legal: The Shocking Ways School Kids are Being Pinned Down, Isolated Against Thier Will” and it was published in June of 2014. It tells horrific stories of children being abused in school to a degree I never knew happened. I highly recommend everyone read this article.

WHAT'S IN THE NEWS

[10:00]

This will be a bit of an abbreviated episode since I'm at PorcFest as this is released and have been super busy working on the planning for that event with my awesome wife. I hope to see you guys at PorcFest this week. If you're a listener of this show and you're at PorcFest this week, please find me and say hi! I want my picture taken with you, as many of you as I can! 

In cannabis news, a landmark Arizona court ruling says that THC in your blood is not sufficient ground to charge you with a DUI. 

In speaking of Swarm City news, I had the honor of attending the launch party for Swarm City's phase two product called Boardwalk last week. And this week, at PorcFest, I will have the ability to actually test out the product by seeking rides from the Swarm City golf cart around the campgrounds using the hashtag “needaride.” You can check out the full video from the live stream of the launch event.

In New Hampshire news, New Hampshire’s governor Chris Sununu signed a bill, HB 436, which makes NH the first state to explicitly protect cryptocurrency like Bitcoin from regulation. 

“Freedom in the 50 States” study

In government inefficiency news, the federal government is finally getting out of the Y2K bug preparation business, seventeen years after the bug came and went. 

 

Read Full Transcript

TEASER INTRO

Kids being tortured in government indoctrination centers is rustling my jimmies this episode. What's in the News with stories on cannabis DUIs, Bitcoin regulation in New Hampshire, and government inefficiency. This episode is brought to you by Swarm City, a decentralized commerce meta-platform that allows people to participate in commerce without interference from a third party. Also brought to you by Wry Guys t-shirts, the makers of all of the Pax Libertas Productions t-shirts, including for this show. A wry wit for today's shit.

INTRO 

“Welcome to The LAVA Flow, channeling the flow of information to the Libertarian, Anarcho-capitalist, Voluntaryist, and Agorist community. Find us at thelavaflow.com. Here’s your host, Rodger Paxton.”

Thank you for joining me this week, coming to you from the state that is America's Stonehenge in Salem, New Hampshire, this is the show that will bring you the people, places, and events that everyone in the liberty revolution needs to know. You can catch me on Twitter @TheLAVAFlowPod.

This is episode sixty-four, Torture in Government Indoctrination Centers, and it's Tuesday, June 10th, 2017, when there have already been more than 560 people killed by police this year. What's Rustling My Jimmies this week? You're about to find out! Let’s Do It To It!

WHAT’S RUSTLING MY JIMMIES

There are few things that rustle my jimmies more than people who harm kids, so when listener and supporter of the show, Link, sent me this article, I knew I had to talk about it, even though the article is three years old. The article is titled, "Violent and Legal: The Shocking Ways School Kids are Being Pinned Down, Isolated Against Thier Will" and it was published in June of 2014. It tells horrific stories of children being abused in school to a degree I never knew happened. I highly recommend everyone read this article. A link will be in the show notes to this episode at thelavaflow.com/64. It's a long article but well worth the read.

Before moving to New Hampshire, I worked IT for a company that owned psychiatric hospitals around the country. The company had some facilities specifically for kids facing psychiatric emergencies, and some facilities that held kids for months at a time in an effort to work on long-term mental illness. There were kids as young as 5 and 6 years old in some of these facilities. Now, these kids were, in a lot of ways, really messed up. They were at the point where their parents could no longer care for them in an appropriate way. They had harmed themselves or others. They were unable to function in society. I had to interact with a lot of these kids in the course of my duties, and it was never easy. Before I could start working there, I had to become certified in a course called Handle with Care, which emphasized tension reduction and preventative actions over the need for physical interaction. If the tension reduction did not work and the child became a danger to himself or others, it allowed for the use of prompt skillful and appropriate intervention when physical restraint is necessary, in order to minimize injuries to clients, children, and staff. The Handle with Care course taught appropriate ways to handle that physical restraint to minimize the injury to patients or staff. The entire time I worked there, not a single child or staff member was injured during a physical restraint, with kids that were, in a lot of ways, the worst of the worst at understanding and controlling their emotions.

Of course, comparing the private physiatric setting with government interaction of children isn't fair, because a private company has an incentive to not harm the kids. They want people to use their services, and they don't want to be sued. The government has none of these incentives, so how do you think they fair? Hint: not very well. And we're not even talking about government mental institutions, we're talking about government indoctrination centers, i.e. public school.

For more than a decade, mental-health facilities and other institutions have worked to curtail the practice of physically restraining children or isolating them in rooms against their will. Indeed, federal rules restrict those practices in nearly all institutions that receive money from Washington to help the young—including hospitals, nursing homes, and psychiatric centers. But such limits don't apply to public school, apparently. They can get away with pretty much anything in the guise of educating our children.

Restraining and secluding students for any reason remains perfectly legal under federal law. And despite a near-consensus that the tactics should be used rarely, new data suggests some schools still routinely rely on them to control children. The practices—which have included pinning uncooperative children facedown on the floor, locking them in dark closets and tying them up with straps, handcuffs, bungee cords or even duct tape—were used more than 267,000 times nationwide in the 2012 school year, a ProPublica analysis of new federal data shows. Three-quarters of the students restrained had physical, emotional or intellectual disabilities. 

Children have gotten head injuries, bloody noses, broken bones and worse while being restrained or tied down—in one Iowa case, to a lunch table. A 13-year-old Georgia boy hanged himself after school officials gave him a rope to keep up his pants before shutting him alone in a room.

Are you fucking kidding me right now? You give a distraught, out of control kid a fucking rope and you see no issue with this? And not to mention using restraints that restrict breathing. This is how kids die. Hell, this is how people die. People need to breathe to live. Just ask Eric Garner. One of the first things that Handle with Care teaches is how not to restrict breathing when retraining someone. It is very simple to do and it should be required training for anyone in the government who may ever have to restrain a kid. I mean, for fuck's sake, I was in IT for the company and had to learn these things.

At least 20 children nationwide have reportedly died while being restrained or isolated over the course of two decades, the Government Accountability Office found in 2009.

"It's hard to believe this kind of treatment is going on in America," says parent and advocate Phyllis Musumeci. A decade ago, her autistic son was restrained 89 times over 14 months at his school in Florida. "It's a disgrace."

The federal data shows schools recorded 163,000 instances in which students were restrained in just one school year. In most cases, staff members physically held them down. But in 7,600 reports, students were put in "mechanical" restraints such as straps or handcuffs. (Arrests were not included in the data.) Schools said they placed children in what are sometimes called "scream rooms" roughly 104,000 times.

Those figures almost certainly understate what's really happening. Advocates and government officials say underreporting is rampant. Fewer than one-third of the nation's school districts reported using restraints or seclusions even once during the school year.

As you can see, this is out of control in a big way. We're not talking psychiatric patients here. We're talking average kids who are attending public school. 

Most critics of restraints agree they are sometimes unavoidable. But they say schools too often fail to try alternatives for calming students and use the tactics for the wrong reasons—because children failed to follow directions, for instance, or had tantrums. Indeed, in a recent survey, nearly 1 in 5 school district leaders approved of using restraints or seclusion as punishment.

And this is the difference, right here, in what we did as a private institution dealing with at-risk kids and the government dealing with the average kid. In our company, having to resort to restraining a kid was seen as a failure. It was a failure of de-escalation, which was priority number one. Even recognizing that sometimes restraint is absolutely necessary, it was always a last resort. It was never ever considered as a punishment because it's not punishment, it is torture and only appropriate to be used to stop someone from harming themselves or others. But our government indoctrination centers are using this torture because kids won't follow directions. What the actual fuck?

And often, parents remain unaware their child has been restrained or put in a scream room. That's because, in many states, schools aren't required to notify parents. And this is reason enough on its own to keep your kids out of government indoctrination centers. 

The good news is that if you absolutely must use public schools, some states are better than others in this respect. For example, the state I moved from, Arkansas, has no restrictions on several key indicators for this issue. Arkansas does not limit restraint or seclusion only to emergencies, which is the only reason you should ever use restraint or seclusion on a child. Arkansas does not require parental notification. Arkansas does not prohibit seclusion in any way, nor do they prohibit restraints that restrict breathing or mechanical restraints. As a matter of a fact, Arkansas, along with sixteen other states received the lowest scores in a chart on restraints and seclusions for kids.

New Hampshire, on the other hand, does restrict restraints only to emergencies, they do require parental notification if your child is ever restrained or secluded, they do prohibit restraints that restrict breathing and mechanical restraints at all, scoring in the top 20% of states on the list as being the best in this area. Only 8 states scored better than NH, and Georgia was the best state of all, believe it or not.

My best advice here is the same as I've given over and over again on this show. If you have kids in government indoctrination centers, please consider getting them out of that environment. This s perhaps the most important thing you can do for the future of liberty. Keeping your kids from being indoctrinated into the thinking of government is a really important step. And yes, I know it's tough. I know it's not practical for everyone, and I know it may require some sacrifices. I know it does for my family. But it is the most rewarding thing I've ever done with my life. 

WHAT'S IN THE NEWS

This will be a bit of an abbreviated episode since I'm at PorcFest as this is released and have been super busy working on the planning for that event with my awesome wife. I hope to see you guys at PorcFest this week. If you're a listener of this show and you're at PorcFest this week, please find me and say hi! I want my picture taken with you, as many of you as I can! 

In cannabis news, a landmark Arizona court ruling says that THC in your blood is not sufficient ground to charge you with a DUI. 

Medical marijuana users cannot be convicted of driving while under the influence of the drug absent proof that they were actually impaired, the Arizona state Court of Appeals ruled Thursday.

In a major setback for prosecutors, the judges pointed out that Arizona, unlike some other states, has no law that spells out that at a certain level of tetrahydrocannabinol (THC) in the blood a person is presumed to be impaired…

What that means is every case where prosecutors charge a medical marijuana user with breaking the law requires expert testimony to show that particular individual was impaired at that particular level of THC.

This is a huge win for citizens and for rationality itself, as it negates the government’s assumption that an arbitrary number means a driver is impaired, which provided grounds for criminal conviction.

Judge Diane Johnsen at the Court of Appeals wrote:

Nothing in the statute … requires a cardholder to present expert testimony (or precludes a cardholder from offering non-expert testimony) on the question of whether the cardholder was impaired due to THC. Further supporting this conclusion is the reality that, at present, there is no presumptive impairment limit established by (Arizona) law. And, according to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being.

Indeed, there is no widely accepted way to test cannabis impairment in drivers, as THC metabolites can show up in the blood long after a person has ingested cannabis. Also, experienced users can be completely unimpaired even if they test above an arbitrarily-derived blood-THC limit.

Here’s a novel idea. Cops and prosecutors should stop harassing medical cannabis patients and focus on real criminals. And while we're at it, let's remove all impaired driving laws period.

__________________
This episode of The LAVA Flow Podcast is brought to you by Swarm City. Swarm City is a decentralized commerce meta-platform. What it does is it allows people to participate in commerce; to communicate and transact, without interference from a middle party. To give you an example, platforms like Amazon and Uber give global users a safe place to conduct business, but they’re centrally organized. And as we all know central organization is never the most efficient, so these platforms extract a lot of value from the transacting parties, sometimes greater than 25% of each transaction! Swarm City solves this issue by letting people organize, communicate, and transact in a decentralized way. Would you like more info? Stay updated via our Facebook page, or join the community on slack. You can find the link for both at the bottom of our website ‘swarm.city’.
________________
In speaking of Swarm City news, I had the honor of attending the launch party for Swarm City's phase two product called Boardwalk last week. And this week, at PorcFest, I will have the ability to actually test out the product by seeking rides from the Swarm City golf cart around the campgrounds using the hashtag "needaride." You can check out the full video from the live stream of the launch event in the show notes to this episode. The launch event was really cool and I got to meet most of the main players in the Swarm City product. These guys are sharp and they have the right idea for Swarm City's future. A huge thank you to Matt for inviting me to the event. 

In New Hampshire news, New Hampshire’s governor Chris Sununu signed a bill, HB 436, which makes NH the first state to explicitly protect cryptocurrency like Bitcoin from regulation. 

As FreeKeene.com reported:

This is a historic day and this move clearly positions New Hampshire as the most bitcoin-friendly state in the United States. NH was already the #1 most free state according to the “Freedom in the 50 States” study and this makes it even more free. New Hampshire also now stands in even more stark contrast to New York, the least free state, since New York a couple years ago did the opposite and attacked cryptocurrency businessess with their oppressive “bitlicense”, which drove bitcoin businesses OUT of NY. Now those businesses can escape safely to NH as this just-passed bill offers them a safe haven from the ravaging, destructive effects of government interference.

Essentially, the new law exempts "Persons who engage in the business of selling or issuing payment instruments or stored value solely in the form of convertible virtual currency or receive convertible virtual currency for transmission to another location" from being labeled as a money transmitter. 

This is fixing a bill from 2015 that added cryptocurrency to the money transmitter status in the first place. This caused  Free State Project participants and many others in the state to fight back by showing up at hearings, lobbying for change, and recording sessions to get the word out on this new bill to fix the problem. As FreeKeene.com said:

After hearing from multiple NH bitcoiners in the committee meetings, state representative Barbara Biggie stepped up and filed this bill. As Darryl and I pointed out at the hearing, the bill as filed wasn’t quite what we’d hoped for. It created a new definition and exemption for “virtual currency” in the statutes, but still left in statutes a definition and regulation for “convertible virtual currency”. We explained to them that this was confusing and they should be striking the regulation for “convertible virtual currency” rather than creating the additional terminology.

You know what? They listened AND did us one better! The commerce committee amended the bill and turned it into the best possible protection for bitcoin businesses in New Hampshire!

This is just one more reason that New Hampshire is the best state in the country for libertarians. After other major wins this year including cannabis decriminalization and constitutional carry, it is clear that New Hampshire will most likely remain at the top the Cato "Freedom in the 50 States" list for 2017 as well. If you're into cryptocurrencies, or you want to get involved in cryptocurrency businesses, New Hampshire is literally the best state in the country for you. Why haven't you made your move yet?

________________

ADD WRY GUYS AUDIO

________________

In government inefficiency news, the federal government is finally getting out of the Y2K bug preparation business, seventeen years after the bug came and went. The Trump administration announced Thursday that it would eliminate dozens of paperwork requirements for federal agencies, including an obscure rule that requires them to continue providing updates on their preparedness for a bug that afflicted some computers at the turn of the century.

Seven of the more than 50 paperwork requirements the White House eliminated on Thursday dealt with the Y2K bug, according to a memo OMB released. Officials at the agency estimate the changes could save tens of thousands of man-hours across the federal government.

Office of Management and Budget Director Mick Mulvaney said, “Many agencies have forgotten how to deregulate,” he said. “It’s been so long since somebody asked them to look backwards.”

Mulvaney also said the effort isn’t intended to reduce the federal workforce but should free up employees for more productive tasks. He said his agency would begin a second review of requirements imposed by presidential executive orders and by Congress, with the hope of identifying more that could be eliminated.

So, let me get this straight. Literally, tens of thousands of man hours have been spent each year on filing paperwork for an unimpressive bug that went away nearly two fucking decades ago and the government isn't looking at reducing the federal workforce? I say start by firing all of the congress-critters and the executive branch. That would be the best place to reduce government. 

OUTRO

Thank you for listening to the show this week. As always, I need to thank my favorite cat herder, Jessica, for her help with this show. For the show notes to this episode, where I put links and other information that has been on this show, go to thelavaflow.com/64.

I have three new iTunes reviews this week!

Gearedaddiction had this to say:

A Great Podcast! I love the podcast and while I don't always totally agree with what you say on the show I still like to listen. There is however one thing I very much disagree with, you have said on more than one occasion that you think the Constitution has failed us and you quote Mencken, I think that's it although I can't find the quote. Well allow me to quote Wendell Phillips, "Eternal Vigilance is the price of liberty." You see it isn't the Constitution that has failed us, our forefathers and we ourselves have failed it, by continually allowing the government to step outside of its bounds, because without the will of the American people to enforce its laws on our government the Constitution means nothing and is nothing.

Thanks, Gear. I disagree with your assessment of the Constitution. It was designed, supposedly and specifically to reign in government, and it has failed at that spectacularly and continues to fail every day, as I talk about on this show. If it were successful, shows like mine wouldn't even exist. 

NSAMETLOC said:

Voice of Liberty! Best Libertarian podcast around. Everyday I wake up and check to see if Roger has provided me with a new episode. Solid and clear thinking. Excellent analysis of the news.

Thanks, NSA! I hope you're not really part of the NSA, or maybe I do. I hope you woke up today happy with a new episode in your feed! 

And finally, herkenhoff said:

Spectacular! This is, along with the Tom Woods Show and Anarchast, my top Liberty Podcasts. Very well written, perfectly narrated in a very dynamic manner, allowing you to get good information quickly and sound. I can't recommend it more. For us who live in Brazil, getting to know what happens in the Empire's own backyard is great and enlightening.

Thank, herkenoff! You really put me up there with some top notch names and shows. I can't even. WOW!

iTunes helps to steer people to this podcast based on ratings and reviews, so please go to thelavaflow.com/itunes and leave me a rating and a review. Thank you to everyone who has left me a rating and a review so far. You guys rock!  To all of you who haven't, can you guys help me out and go leave a review for me? Go to thelavaflow.com/itunes to do that now.

I also have a couple of new supporters this week as well! Paul added a $1 per episode donation using Patreon. Thanks so much, Paul! And Charles added a $5 per episode donation using Patreon! WOW! Thanks, Charles, that's huge! Thanks to you guys, and all of my awesome supporters, I am now at $200 per episode or 80% of the way towards my next goal of $250. 

And, if you, like Paul and John, want more of the LAVA Flow, exercise your free-market muscles by going to http://thelavaflow.com/support and giving a per-episode donation of as little as a buck an episode using Federal Reserve Notes through Patreon or Bitcoin through Coinbase. I want to be able to bring you more content soon, so make sure to add your donation today to help make that happen!

Until next time... keep striking the root.

This has been a Pax Libertas Productions Podcast.

 

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