Posts tagged ‘canada’

Great Moments in Crazy Stock Bubbles -- Are These Investors On Drugs?

As of this moment, Canadian tulip bulb marijuana company Tilray is trading at $146 a share for a total market capitalization of $11.2 Billion.  This is a company that had $10 million in revenues last quarter.   It is trading at a 420x multiple of last year's revenues.  It is up 20% today alone.  The race to own Canadian marijuana stocks in advance of the January 1, 2019 legalization in Canada is simply insane.  I would have attributed this to millenial dumb money leaving Tesla and looking for a new home, but a couple of weeks ago, American alcoholic beverage company Constellation Brands paid $4 billion for just a piece of another Canadian weed company.

Investments at this sort of valuation before the market even is opened are speculative in the extreme.  People will use the argument that "wouldn't you have wanted to be in on the ground floor of Coke or Pepsi or Phillip Morris or Anheuser Bush?"  A few responses:

  1. Buying in at an $11 billion valuation is not really the "ground floor".  $11.2 billion is a higher market cap than Whirlpool or Hyatt or Alcoa.
  2. The beer and cigarette and soft drink industries all started with hundreds, even thousands of competitors.  When RJ Reynolds started his tobacco company, there were 15 other tobacco companies in Winston-Salem alone.  Without your current hindsight, you would have been hard-pressed in the early stages of those industries to pick the winner.
  3. This goes without saying, but we have no idea of the future size of the marijuana market, and even without the risk of trying to predict consumer behavior it is really hard to predict regulatory behavior
  4. Usually only one part of the value chain of a new industry really makes the profits.  We have no idea where that will be in the marijuana business.  In beer and tobacco, the big profits are not with the growers of tobacco and hops, for example.
  5. Early pioneers in an industry are often not the survivors.  Your computer today, is it a Tandy?  Kaypro?  Commodore?  IBM and Compaq don't even make PC's any more.  Apple does but only because it reinvented itself as a phone maker.  And how about those cell phone pioneers?  Is your phone a Nokia?  Motorolla?  Blackberry?

December $145 put options on Tilray are trading around $72 dollars, which essentially means that there are folks betting that the company will lose half its value in the next 90 days.  I can't remember ever seeing anything that extreme.

Update:  Well, a day later it is at over $200 and a $20 billion valuation.  Incredible.

 

Life in the Trump Era: Conservatives Now Define Raising Taxes as "Progress"

John Hinderaker of Powerline writes approvingly of Trump's apparent trade deal with Mexico.  First, he quotes the New York Times celebrating the higher taxes:

Under the changes agreed to by Mexico and the United States, car companies would be required to manufacture at least 75 percent of an automobile’s value in North America under the new rules, up from 62.5 percent, to qualify for Nafta’s zero tariffs. They will also be required to use more local steel, aluminum and auto parts, and have 40 to 45 percent of the car made by workers earning at least $16 an hour, a boon to both the United States and Canada and a win for labor unions, which have been among Nafta’s biggest critics.

I am not sure how narrowing the scope of products subject to lower taxes is a "boon" to this country, though I suppose labor unions might be happy and one is suspicious that this is sufficient reason for the NYT to support it.  My suspicion is that these numbers are incredibly carefully tailored by Ford and GM lobbyists to hit a couple of their competitors while missing themselves -- this has all the fingerprints of a classic crony deal that benefits very few powerful groups to the detriment of most consumers.

So the NYT can be expected to cheer for bad crony economics that helps a few unions, but what about Conservatives, who are supposed to understand markets and trade.  Hinderaker writes:

So, from 62.5% to 75% to qualify for zero tariffs. Not exactly radical, but positive.

So broadening a US government tax on US consumers is "positive."  Powerline in the past has rightfully chided Paul Krugman for abandoning his understanding of economics in favor of cheerleading the Democratic team.  Now Powerline is doing the same for Trump.

The Ideological Turing Test: How to Be Less Wrong

If you plotted my "certainty" curve over time, it probably hit a low point in high school, climbed to peaks during college and just afterwards, slid over time as my face got pressed up against the glass of the real world, and dropped even lower when I discovered RSS readers and put a wide variety of feeds into it.  That is not to say I am not confident -- at least as long as we are talking about intellectual and not social skills -- but I am more open to being wrong than I have been since I was about 18.  I am fairly sure I still greatly overestimate my own correctness.

I was thinking a while back about why I perceived myself to have had this period in high school when I was less certain of my infallibility.  One reason had to be my finally coming to terms with nagging questions about the religion I grew up with.  Another was probably due to high school debate, where after vociferously defending a policy position for an hour one immediately had to walk into another room and defend the opposite side.  Even then high school debate was becoming broken, but being forced to argue both sides of every issue was a great experience.

All this is an introduction to a nice work by Charles Chu called "The Ideological Turing Test: How to Be Less Wrong."  It is hard to excerpt, because it covers a lot of ground, but I wish in retrospect my high school had printed something like this on my locker door.  If I had a billion dollars and wanted to found a new university**, I would make the ideological Turing test the core of the educational philosophy.  Think of what goes on in colleges nowadays and being a professor and saying "OK, class half over.  Nice discussion.  Now everyone switch sides."***

 

** Name a major private university with a national reputation or that your friends' kids have considered attending that was founded after 1900.  I can come up with only a couple: Rice University in Houston and several of the Claremont Colleges (e.g. Claremont-McKenna) in California.  Only one school in the Ivy League is less than 250 years old. Most folks can perhaps name one in their local city (ie Grand Canyon University here in Phoenix) that is newer but does not have a national reputation.  I guess that it could take a while to develop a national reputation, but 100 years?  Really?  In the art school world (which aren't generally considered universities) I can name at least 4 schools with a national reputation (at least in the art world) that were founded much more recently, several in my lifetime (SCAD, Ringling, Art Center, Cal Arts).

*** I did very well at Harvard Business School, better than I have done at anything else in my life (they did not have class ranks but I was pretty damn close to #1 out of 900, after being literally the last person they let in off the waiting list).  It helped that I love the format and loved the subject matter.  Also, to be honest it helped that I could do math (which held back half the class but led to my marrying someone I was tutoring) and that English was my first language (I had great respect for foreign students who even attempted to survive the case method in a second language).  But the real trick to success was to shine in the discussions, which were 70% or so of the grade.  And I did so with a simple trick.  I watched the discussion, and jumped in on whatever side was losing or had the fewest supporters, irregardless of what I might believe.  Not only was this a ton of fun, but it was appreciated by the professors -- they did not want to intervene in a discussion but felt like they had to if the argument got too unbalanced.  I took all kinds of positions against my true beliefs.  I argued that the only mistake "neutron" Jack Welch made at GE was not firing more people.  I slammed Steinway for ignoring new technology and fetishizing hand craftsmanship.  And I convinced everyone I must hate Canada when I opened a rant on the nation with "Canada is like a whole other state," riffing off the then-current Texas travel ad that said "Texas: It's Like A Whole Other Country."  I am not sure how one would do such a thing today when comments in class are seen more as virtue-signalling to your crowd than they are thought-out policy positions, and when taking the "wrong" side, even as an intellectual exercise, can lead to nationwide social media shaming.  By the way, my keys to succeeding at HBS are embedded in my novel BMOC, currently free on Kindle.

What Tesla Is Doing This Week

I do not have any insider knowledge, so this is pure speculation, but I have worked in a lot of organizations that did insane things to try to reach milestones or goals, and so I think it is educated speculation.

A lot of Tesla's market valuation comes from the prospects of getting a lot of volume with their mid-priced (sort of) Model 3.  They need to get production rates up both to reduce costs and to try to get ahead of a huge oncoming rush of competitors entering the BEV space.  Last year, they promised to have Model 3 production at 5000 a week by the first of this year, a goal they missed by a mile.  So now they have set the expectation that they will be at 5,000 a week production by the end of the second quarter, which is basically this week.

One of the weird things about Tesla is the difficulty in getting good information about its operations, particularly since it is a public company.  So many investors, for example, were trying to figure out Model 3 production numbers that an entire cottage industry of VIN analytics and delivery reporting has arisen.   But the basic story is that they are not there yet and that's not going to change by the end of the week.

But that does not mean they won't be trying to achieve something that looks like 5,000.  In the past Tesla has resorted to the "run-rate" claim, that their run rate for a day or an hour was at such and such much higher number.  So that is, I think, what is going to happen this week.  Parts and subassemblies are likely being stored up so that in a great burst 714 can be completed in one day or if not that, 30 or so can be completed in an hour so that the company can claim a 5,000 unit weekly run rate was achieved.  This is obviously BS -- any bottlenecked process can usually be juiced for a short period of time (examples:  Transcontinental Railroad track laying record, Liberty ship build time record) -- but I predict we will see it.  I also wouldn't be surprised if you found the numbers for last week were actually below trend due to Tesla hoarding sub-assemblies and parts for huge one-off production push this week.

As an aside, we are coming up to June 30, which for taxpayers can be considered Tesla subsidy day.   I have written about this before, but if Tesla can manage its deliveries down a bit in the second quarter, it can extend the taxpayer subsidy of its vehicles another 3 months (the subsidy starts winding down after the 200,000th electric vehicle sold in the US and Telsa is right about there, so much so that rumors are it is sending all its output to Canada this week so it doesn't put them over the US number.  Bloomberg estimates that pushing the 200,000th sale from June 30 to July 1 will cost US taxpayers hundreds of millions of dollars:

In my previous post I wrote about Tesla's attempt to prolong the $7,500 U.S. incentive for electric cars by pushing sales into the next quarter. A reader on Twitter who goes by the handle @Smack_Check did the math on how much such an effort would be worth to Tesla's customers: $366 million.

That's the value of additional credits available if Tesla waits just one day (July 1, instead of June 30) to record its 200,000th sale in the U.S. Here are @Smack_Check's fairly conservative assumptions:

Tesla will produce an average of 5,000 cars a week in the third quarter, all models combined (that means about 3,000 Model 3s/week, on average).
Each quarter after that, total weekly production will rise by 1,000.
U.S. sales will account for half of all Tesla sales worldwide during the subsidy period.

Disclosure:  I am short Tesla via the ownership of one (1) put option which in my mind constitutes more of a bar bet than an investment.  Shorting fan-boy stocks is risky, as is shorting companies the CA legislature is probably scheming right now to bail out somehow with their taxpayer money.  If it were not for these two problems I would be all-in on the short like James Bond at the end of Casino Royale holding a straight flush.   The odds that Tesla will really be worth $60 billion * (1+i)^10 in ten years is pretty much zero.  Also, it's amazing how many of Elizabeth Holme's behaviors at Theranos as documented in Bad Blood one can observe in Musk.

Update:   Fixed Tesla current market value, which is closer to $60 billion today.

Canadian Authoritarianism: Prosecuting People With the Wrong Opinions

This comes to us from that bastion of freedom called Canada, where half of Americans wanted to run when Trump got elected.

It’s like something out of George Orwell’s 1984**.

Canada’s Competition Bureau, an arm’s length agency funded by Prime Minister Justin Trudeau’s government to the tune of almost $50 million annually, investigated three organizations accused of denying mainstream climate science for over a year, following a complaint from an environmental group.

The bureau discontinued its 14-month probe in June, citing “available evidence, the assessment of the facts in this case, and to ensure the effective allocation of limited resources”, according to Josephine A.L. Palumbo, Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate.

But it will re-open its investigation should it receive relevant new information from the public.

The complaint was filed by Ecojustice on behalf of six “prominent” Canadians, including former Ontario NDP leader and UN ambassador Stephen Lewis.

It accused three groups, Friends of Science, the International Climate Science Coalition, and the Heartland Institute of making false and misleading claims about climate change, including that the sun is the main driver of climate change, not carbon dioxide, and that carbon dioxide is not a pollutant.

When it launched its complaint in December, 2015, Ecojustice told the National Observer it would press the Commissioner of Competition to refer the matter to the Attorney-General of Canada for “criminal charges against the denier groups”.

**I presume the author is referring to the general understanding of what 1984 was about, rather than Hillary Clinton's revisionist opinion that 1984 was a cautionary tale about the danger of not having enough respect for government authority figures.

Cultural Appropriation is Progress

I have written before about the absurdity of folks who demand cultural apartheid by hoping to ban what they call "Cultural Appropriation."  Of all the stupid sh*t the is circulated around a deeply broken academia nowadays, this is probably the stupidest.

Take note of this entirely reasonable editorial from an author in Canada.  I think he actually has a great idea:

Hal Niedzviecki, editor of Write — a publication for the union’s members — published an opinion piece in the spring 2017 issue titled “Writer’s Prompt.” In the article, in an issue dedicated to indigenous writing, Niedzviecki wrote: “In my opinion, anyone, anywhere, should be encouraged to imagine other peoples, other cultures, other identities.

“I’d go so far as to say there should even be an award for doing so — the Appropriation Prize for best book by an author who writes about people who aren’t even remotely like her or him.”

He went on to argue that Canadian literature remains “exhaustingly white and middle class” because writers are discouraged from writing about people and places they don’t know.

A sociological term, cultural appropriation is used to describe the adoption of elements or practices of one cultural group by members of another.

This is really a good idea.  I find it amazing that ethnic minorities simultaneously want sympathy for their various victimizations while at the same time don't want anyone imagining what it is like to be them.  So of course the response was to run him out of town on a rail

On Wednesday, the Writer’s Union of Canada issued an apology for the piece, announcing Niedzviecki’s resignation and pledging to review the magazine’s policies.

“The Writer’s Prompt piece offended and hurt readers, contributors to the magazine and members of the editorial board,” said the statement. “We apologize unequivocally. We are in the process of contacting all contributors individually.

Canada May Fine Me $42,000

Via Steven Green at Instapundit, comes this story of a comedian getting fined $42,000 by Canada for telling a joke:

Canadian comedian Mike Ward was fined a whopping $42,000 by Quebec’s Human Rights Tribunal for jokes he made about a disabled boy.

The child, Jérémy Gabriel, who suffers from Treacher Collins Syndrome, is a bit of a national celebrity in Canada after he sung for the pope in 2006 essentially because everyone thought he did not have long to live. Ward’s joke was a rant about how the child was supposed to die, that he “stole a wish” and is unkillable.

Hmm, I believe I have made this same joke about Keith Richards at least a hundred times in the context of messing up my dead pools.  I better not travel to Canada.

The Perfect Keynesian Stimulus

Hardcore Keynesian theory says that even paying someone to dig a hole one day and fill it in the next is stimulative.  This has always seemed insane to me -- how could it possibly be a net gain in growth and wealth to shift resources from productive activities to unproductive ones?  But in line with this theory, the Keynesians in the Obama Administration have hit on the perfect stimulus:

A cargo train filled with biofuels crossed the border between the US and Canada 24 times between the 15th of June and the 28th of June 2010; not once did it unload its cargo, yet it still earned millions of dollars... The companies “made several million dollars importing and exporting the fuel to exploit a loophole in a U.S. green energy program.” Each time the loaded train crossed the border the cargo earned its owner a certain amount of Renewable Identification Numbers (RINs), which were awarded by the US EPA to “promote and track production and importation of renewable fuels such as ethanol and biodiesel.”

Whole thing here

Actually Dr. Krugman, They Are Unrelated

Via Cafe Hayek, Paul Krugman says:

And surely the fact that the United States is the only major advanced nation without some form of universal health care is at least part of the reason life expectancy is much lower in America than in Canada or Western Europe.

If I were a cynical person, I might think that the tortured and overly coy syntax of this statement is due to the fact that Krugman knows very well that the causation he is implying here is simply not the case.  Rather than rehash this age-old issue here on Coyote Blog, let's roll tape from a post a few years ago:

Supporters of government medicine often quote a statistic that shows life expectancy in the US lower than most European nations with government-run health systems.  But what they never mention is that this ranking is mainly due to lifestyle and social factors that have nothing to do with health care.  Removing just two factors - death from accidents (mainly car crashes) and murders - vaults the US to the top of the list.  Here, via Carpe Diem, are the raw and corrected numbers:

lifeexpectancy

And so I will fire back and say, "And surely the fact that the United States is the only major advanced nation without some form of universal health care is at least part of the reason life expectancy related to health care outcomes is so much higher in America than in Canada or Western Europe.

And check out the other chart in that post from that study:

US cancer survival rates dwarf, yes dwarf those of other western nations.    Even black males in the US, who one would suppose to be the victims of our rapacious health care system, have higher cancer survival rates than the average in most western nations (black American women seem to have uniquely poor cancer survival rates, I am not sure why.  Early detection issues?)

All this data came originally from a post at Carpe Diem, which I refer you to for source links and methodologies.

Creative Destruction

I thought this was an interesting example of creative destruction.  Five years ago, Time and Newsweek were running cover stories about the "Blackberry" culture and how ubiquitous the device was in modern business.  Now, people are making fun of it for being outdated tech.  If only we could get the average voter to truly appreciate creative destruction.  We might have fewer bailouts and more economic growth.

By the way, Canada says it won't bail out Blackberry, which is good, but is interesting given that it did bail out the Canadian automotive sector just a few years ago.  In terms of total market value I would guess the Canadian automotive sector is way smaller than Blackberry at its peak.  Only a cynic would suggest the difference is that the auto sector is unionized and therefore politically organized to generate campaign donations and grass roots get-out-the-vote efforts, while RIM is not.  That would imply that bailouts were due to political pull rather than sound and consistent economic reasoning, which I am sure can't possibly be true.

PS- there are still good and valid reasons for enterprises, like the Administration and government agencies, to use the Blackberry over smartphones.  Just because they are out of favor with 16-year-old girls does not mean they don't have utility. Oddly, though, given this particular niche and comparative advantage, RIM seems to be obsoleting its installed base of enterprise servers.   I am not an expert, but I think a lot of enterprises would stick with Blackberry for quite a while just out of inertia and lack of desire to change.  But now that Blackberry is forcing them to rethink their whole enterprise platform anyway, it seems to allow other competitors solutions into play.  Or am I missing something?

Update:  Apparently RIM is saying the previous paragraph is incorrect, that the new servers will support all the old devices ... except for email, calendar, and contacts.  Unfortunately, this seems to encompass the entire Blackberry functionality.  I have had one or two of the devices, and you are a nut if you are trying to surf the web on one as your main usage.

The City of Glendale is Pathetic

For years now I have lampooned the crazy money Glendale, AZ has thrown at the Phoenix ice hockey team in a desperate attempt to trade taxpayer money for prestige.  Let me bring you up to date:

Years ago a town of about 250,000 people committed about $200 million in taxpayer money to build a stadium for a professional ice hockey team, to attract it away from Scottsdale or downtown Phoenix to what is frankly the ass-end of the metropolitan area  (I have no problems with the west side of town, but from a geographic, demographic, and economic logic standpoint this was roughly equivalent to moving the LA Lakers to Riverside or San Bernardino).

For some weird reason, moving an ice hockey team to the desert with no base of hockey fans and locating it a good 45 minutes from the wealthier parts of town caused the team to go bankrupt.  Lots of people were willing to pay good money to haul the team back to Canada where there are, you know, ice hockey fans, but few wanted to pay good money to keep it on the west side of Phoenix.

So enter the NHL, which took the team over.  The NHL commissioner promised the other owners that it would not lose money on the deal, so it set the price of the team not at the market price (which appears to be around $100 million based on the Atlanta sale) but based on its costs, which were about $200 million.   It has agreed to try to keep the team in Glendale, but only if the city covers its operating losses of $25 million each year, which incredibly, the city has done for two years (note this is $100 a year for every man, woman, and child in the city to subsidize a hockey team).

The team may be worth $200 million in Canada, but it is only worth $100 million in Glendale (at most) so it does not sell.  The city agreed to make up the $100 million difference  with a bond issue (and throw another $90+ million in to boot), which almost closed the deal with one buyer until the Goldwater Institute pointed out that this kind of subsidy was illegal under the AZ constitution.  And so the situation sits.  The asking price is still $200 million, which no one will pay if they have to keep the team in Glendale.  And the city keeps forking over $25 million a year to the NHL to keep the team running.

OK, so that is the background.  Here is the new news.

The league, which purchased the Phoenix Coyotes at a bankruptcy court auction in 2009, has been managing the team and city-owned arena until an owner willing to keep the team in Glendale can be found. The city paid $25 million to the NHL during the 2010-11 season and pledged another $25 million for the current season, which is expected to come due in May.

To fulfill that pledge, the city put $20 million in escrow and still needs to come up with $5 million.

The hefty payouts have nearly drained the city's reserves, leading to a recent drop in the city's bond rating.

And the city is looking at a deficit next fiscal year that one councilwoman has estimated could reach $30 million. A possible sales-tax hike, furloughs and program cuts are on the table to close the spending gap....

During Tuesday's budget talks, [Glendale Mayor] Scruggs asked council members to join her in signing a letter to NHL Commissioner Gary Bettman to "release us from that $20 million in escrow and let us pay over time."

None of the councilmembers responded to her request. Councilman Manny Martinez later told The Republic he would "have to think about it in light of what is going on."

Scruggs said if the city can get back the $20 million from escrow and pay the NHL an initial $5 million, "our problems and everything our employees are fearful of would pretty much go away."

Translation:  Dear NHL, we are idiots and committed a bunch of money to a stupid purpose that we can't really afford.  Would you pretty please let us out of our commitment?  Hilarious and pathetic.  The chickens are coming home to roost by the millions.

Even funnier, the Glendale mayor is trying to blame the NHL for bad faith

The mayor said she and four others councilmembers pledged the second payout last May because city staff and NHL Deputy Commissioner Bill Daly said a deal with a team owner was nearly complete and that "we should never have to pay that $25 million."

Scruggs said the city was told the money was just a place holder so that the NHL wouldn't move the team out of Glendale.

"Given the stress that our budget is under, there should be a payment plan developed," Scruggs said. "They have no right to that money. They held us hostage for a year."

She said the NHL never intended to do business with Chicago businessman Matt Hulsizer, who wanted to buy the team but walked away from the negotiation table in frustration just weeks after the council pledged the second payment to the NHL....

Scruggs said the NHL last spring "misled us and they can't do this to our city."

In fact, the NHL was totally serious about the Hulsizer deal.  That deal fell through not because the NHL screwed up, but because Glendale did.  The deal fell through because Glendale had committed to a subsidy of the deal which may not have been Constitutional, and even if it had proved legal, became impossible when Glendale's bond ratings started tanking and they realized they could not move the paper.  Glendale officials have been amateurish and dishonest through this entire process.

By the way, several years ago, Jim Balsillie offered a deal worth over $200 million for the team, PLUS he offered to pay off something like $150 million of Glendale's stadium debt.  Glendale opposed the deal, because they would have been left with an empty stadium and tens of millions in debt (given the crash in RIM's fortunes, the offer is unlikely to be renewed).

Glendale is likely going to wish they had taken the first offer.  There is a very good chance that Glendale will lose the team without any sort of payment on their debt and after paying $25 million a year to the NHL.  Glendale will end up with hundreds of millions in debt, an empty stadium, a junk-level bond rating and a busted budget.

There is a saying in the investment world - your first loss is your best loss.  Glendale is about to learn this very expensive lesson.

It Was Never About the Ogallala Aquifer

A few weeks ago, I wrote that opposition to the Keystone was never about the Ogallala Aquifer.  Polluting the water was a simply a convenient talking point that might play better with the American public than the true goal, which is to shut down the development of new sources of North American oil.  I got a lot of comments and email that I was making this up, but in fact its pretty clear that opposition to the pipeline pre-dated knowledge even of its route.  Here is a environmental group's presentation from 2008 which advocates opposition to all pipelines (without any reference to their routes) out of the Canadian tar sands as a strategy to halt their development.

Postscript:  I really have little use for discussions about funding amounts and sources of various causes.  I find it largely irrelevent.  So I post this only because this week we are talking about the Heartland Institute's funding of climate skeptics as revealed by hero (if you are an environmentalist blog) or thief Peter Gleick.  Heartland sends a portion of its $6 million budget to support various climate skeptics, and somehow this "revelation" has environmentalists running in circles screaming rape.  But Heartland's pitiful few millions seem a joke in comparison to the environmental funding torrent.  Take this example from the Canadian tar sands issue, just a single one of a myriad of climate-related issues getting millions, even billions of dollars of funding.

Northrop’s presentation promised funding from the Rockefeller Brothers Fund and the William & Flora Hewlett Foundation in the amount of $7 million per year. Named in the presentation were 12 participating environmental pressure groups, including the Natural Resources Defense Council, Greenpeace, the World Wildlife Fund and the Sierra Club.

According to Canadian writer and researcher Vivian Krause, U.S. foundations have poured more than $300 million into Canadian environmental groups since 2000. One foundation, endowed by Intel co-founder Gordon Moore, has been single-handedly responsible for $92 million of that total, Krause wrote Jan. 17 in Canada’s Financial Post. Foundations flush with the wealth of computer pioneers William Hewlett and David Packard, she added, sent another $90 million to wage green-politics wars in the Great White North....

Tax records from the Rockefeller Brothers Fund indicate that it sent $1.25 million to Michael Marx’s organization, Corporate Ethics International, between December 2007 and November 2010. The money was earmarked “to coordinate the initial steps of a markets campaign to stem demand for tar sands derived fuels in the United States.” The Fund has not yet filed its tax return for 2011.

Among other initiatives, Corporate Ethics International launched a campaign in July 2010 to persuade American and British travelers to avoid visiting Alberta while tar sands exploration was underway. Tourism brings $5 billion to Alberta, making it one of the Canadian province’s biggest industries.

The William and Flora Hewlett Foundation, the second philanthropy Northrop mentioned in 2008 as a partner in the concerted effort to stop tar sands oil development, contributed far more.

Its tax returns indicate expenditures of more than $17.5 million targeted at tar sands oil development, including more than $15.4 million to the left-wing Tides Foundation and the affiliated Tides Canada Foundation. At the time, Tides was led by progressive millionaire Drummond Pike, and by ACORN co-founder and AFL-CIO organizer Wade Rathke.

A newer philanthropy, the Sea Change Foundation, also sent Tides $2 million in 2009, all of it to “promote awareness of an opposition to tar sands.” Another $3.75 million to Tides followed in 2010.

Funded by Renaissance Technologies hedge fund founder James Simons and his son, Nathaniel, Sea Change gave away $120 million between 2008 and 2010 in connection with energy-related issue activism. More than $18 million more of the Simons’ philanthropic funding in 2009 and 2010 went to organizations named in Northrop’s 2008 presentations, including the Natural Resources Defense Council, the Sierra Club, the World Wildlife Fund and Ceres, Inc., although Sea Change did not disclose the specific purpose of those grants.

Smaller tar sands-related contributions to Tides came from the Oak Foundation, endowed by Duty Free Shoppers tycoon Alan Parker; the New York Community Trust; and the Schmidt Family Foundation, whose millions come from Google CEO Eric Schmidt and his wife Wendy.

Tides, in turn, made at least $8.6 million in grants to 44 different organizations, each time specifically mentioning its “tar sands campaign.” Funds went to Greenpeace, the Natural Resources Defense Council, the Sierra Club, Forest Ethics, the Rainforest Action Network and dozens of others. Fully $2.2 million of that total went to Michael Marx’s Corporate Ethics International.

I have no problem with private people spending money however they want, but after throwing around sums of this magnitude, it seems amazing they feel the need to stop Heartland from spending a couple of million dollars in opposition.  It's like a rich guy telling you that your Chevy Nova is in the way of his Ferrari and could you please get it off the road.

Chickens Roosting in Glendale

Via the WSJ

Glendale, Ariz., is selling about $136 million in debt in the municipal-bond market this week, just days after Moody's Investors Service cut its bond rating because of the desert city's obligations to cover losses on a National Hockey League franchise.

In exchange for the NHL's promise to manage team operations and keep the team in Glendale until a new owner is found, the city agreed to compensate the league, the city's executive communications director, Julie Frisoni, said.

The Coyotes filed for bankruptcy protection in 2009, and that spring, the NHL became the owner of the team. In exchange for keeping the team, the city signed an agreement to absorb up to $25 million of the team's losses in both 2011 and 2012, in anticipation of finding a new owner, Moody's analysts said.

Glendale is slowly sinking itself in a mountain of debt to pursue its insane strategy to subsidize every billionaire sports owner in Arizona.  The town of 225,000 people is spending $25,000,000 to fund the operating losses of a freaking hockey team -- that's nearly $500 a year for every 4-person family in the city.  Nuts.  And this is just their operating subsidy, it does not include debt service on the $300 million stadium it built for the team.

The problem is that the team is worth less than $100 million in Arizona (based on recent sales comps of other NHL franchises in warm cities like Atlanta) but might be worth $300-$400 million if moved to Canada (Jim Balsillie made an offer in this range, including an offer to pay down $150 million or so of the city's debt, before RIM stock started to crash).  The NHL, which owns the team now, has promised owners that they will not take a penny less than $200 million for the team, and that they will not suffer any operating losses.

So, because they simply cannot admit they were wrong to subsidize the team the first time around, to keep the team in Glendale the city must either fund $25 million a year in team operating losses or it must pony up $100 million or so to bridge the team's $100 million value in Arizona and the league's $200 million price tag (something they tried and failed to do last year when the Goldwater Institute pointed out that such a subsidy was unconstitutional in AZ.

I repeat, what a big freaking mess.  How do you avoid it?  The only way is the Wargames strategy, ie the only winning move is not to lay the sports team subsidy game in the first place.

Political Correctness Gone Wild

Apparently, the Dire Straits song "Money for Nothing" has been banned from the Canadian airwaves:

The Dire Straits song "Money for Nothing" was ruled by the Canadian Broadcast Standards Council to be "extremely offensive" and thus inappropriate for airing on radio or television because it uses an anti-gay slur.

The decision against St. John's radio station CHOZ-FM in Newfoundland was released Wednesday. In it, the panel ruled that the word "faggot" "contravened the Human Rights Clauses" and its ethics code and is "no longer" permitted "even if entirely or marginally acceptable in earlier days."

This is stupid on its face, and even stupider if the song in question is understood.  If you have never heard the song before, it may seem an odd juxtaposition at first -- why does it alternate between jabs at rock stars on MTV and talk about moving appliances?  Because the song is exactly what it sounds like -- Mark Knopfler overheard some workers in an appliance store watching MTV and heckling the performers they saw for being rich and spoiled and overpaid and not working very hard.

The song is interesting not just because it has a great opening that is fun to play at maximum volume, but because Knopfler is one of those guys on MTV the workers are heckling.  Does he secretly agree with them, is he hurt by them, does he find them funny?   Anyway, the word "faggot" in the piece is essentially aimed at the performers themselves -- they are describing a critique they have received, repeated in all its salty blue-collar flavor.  As such the words feel utterly authentic, perhaps because they are -- Knopfler reportedly grabbed a piece of scratch paper right at the store and started jotting down notes.

I cannot imagine a less offensive use of the word.  There is absolutely no way to read the lyrics of the song and come to the conclusion the word was aimed at gays, or really at anyone else but the author and performer.   I presume by this standard  that Canada expects to ban the entire body of hip hop music?

I could have easily titled this post "the Left and Right converge," because in it I see the Left acting exactly like the religious Right I grew up around in the South that would try to ban any number of books and songs, often out of an incredibly poor understanding of what the story or song was really about.

By the way, the statists among you will be happy to know that this ban only applies to private companies -- the state is still allowed to play the song because, you know, government motives are pure and thereby sanitize any harm that might come from playing this song

Ron Cohen, the CBSC's national chairman, told The Washington Times on Thursday that the decision effectively sets a "nationwide" precedent binding on all private license holders for TV, cable-TV and radio broadcasting. It does not cover the state-run Canadian Broadcasting Corp. or "community and university" stations.

I have seen Knopfler live many times live.  To be fair, Knopfler himself seems to have some sympathy for this position, as I have seen him change the offending word to others in more recent live performances.  I don't know if this is an achnowlegement the word should be changed or he is knuckling under to pressure.    Here is the original video on YouTube.  Here is a live version where faggot is replaced.  Extra bonus cameo - Clapton in a pink suit.
Postscript: It is a fairly commonly-known bit of trivia that the first song played on MTV was "Video Killed the Radio Star."  But this was new to me:

When MTV Europe began airing in 1987, "Money for Nothing," which begins with Sting's opening falsetto whisper "I want my MTV," was the first video played.

It's Not Over When it's Over

So the head of the IOC declares the Olympics over, the flame is out, but there still seem to be people on the stage.  It seems that Canadians, so long without an overt sense of nationalism, have decided to use the stage to hold a pep rally for their country.   Can you imagine how unbelievably creepy, and probably scary, it would have been had the Chinese closed the Olympics in a similar China-uber-alles manner.  But since the Canadians are thought to be (mostly) harmless, I suppose its OK.

Postscript: Not 30 seconds before this started, I was lamenting the fact that Rush was not a musical act, with the silver lining that we had not seen William Shatner either, when lo and behold he rises onto the stage.

PPS: I thought the way they opened the show, with the clown fixing the broken torch, was much more consistent with the Canadian style, and more flattering in a sense than the goofy show at the end.  It is particularly funny, to me at least, to see that all the people who they have chosen so far to extol the virtues of Canada actually left the country for the US to make their fortune.  What are they selling, that Canada is a great place to be from?  They couldn't have found someone like Jim Balsillie who actually mad his fortune and reputation, you know, in Canada.

PPPS:  OK, it was only the talking quasi-celebrities I thought was odd.  Who couldn't love the giant inflatable beavers that followed?

And We'll Never Know What We Are Missing

Perhaps the scariest potential effect of the proposed health care bills is the negative effect they likely will have on innovation.  And if we adopt the bill, we will never know what we have lost.  Unlike budgets, which with near certainty will become overdrawn quickly, we will never be able to point to the health care innovation we didn't have.

I want to quote liberally from a Ronald Bailey post, but I encourage you to read the whole thing:

Yet, the elements of market competition that still manage to survive have had the salubrious effect of driving medical innovation and improving patient health outcomes. A new study by the free market Cato Institute, "Bending the Productivity Curve: Why America Leads the World in Medical Innovation" reports:

...In three of the four general categories of innovation examined in this paper "” basic science, diagnostics, and therapeutics "” the United States has contributed more than any other country, and in some cases, more than all other countries combined. In the last category, business models, we lack the data to say whether the United States has been more or less innovative than other nations; innovation in this area appears weak across nations....

...Harvard University economist Kenneth Rogoff observed:

"[I]f all countries squeezed profits in the health sector the way Europe and Canada do, there would be much less global innovation in medical technology. Today, the whole world benefits freely from advances in health technology that are driven largely by the allure of the profitable U.S. market. If the United States joins other nations in having more socialized medicine, the current pace of technology improvements might well grind to a halt."

In my column, "2005 Medical Care Forever," I suggested this thought experiment:

...what if the United States had nationalized its health care system in 1960? That would be the moral equivalent of freezing (or at least drastically slowing) medical innovation at 1960 levels. The private sector and governments would not now be spending so much more money on health care. There might well have been no organ transplants, no MRIs, no laparoscopic surgery, no cholesterol lowering drugs, hepatitis C vaccine, no in vitro fertilization, no HIV treatments and so forth. Even Canadians and Britons would not be satisfied with receiving the same quality of medical care that they got 45 years ago....

As Rogoff suggests, the nationalized health care systems extolled by progressives have been living off the innovations developed by the "only country without a universal health care system." I wonder how Americans would vote if they were asked if they would be happy freezing medical care at 2005 levels forever?

23 Different Health Reform Plans, and Not One Mentions Torts

It is amazing to me that there can be numerous health care plans in Congress plus a jillion speeches on the topic by the President and not once does anyone mention "torts."  Now, I am not one to ascribe all cost problems in the medical field to defensive medicine and tort settlements.  Buthey t certainly are a factor.  It is just stunning that a President can stand up and talk numerous times about "unnecessary tests and procedures" and ascribe all of these to some weird profit motive by the doctors - weird because generally, the doctor gets no extra revenue from these tests, so somehow he or she is motivated by the profits of a third party lab.

But I think the rest of us understand that American tort law, which allows juries to make multi-million dollar judgements based on emotions and empathy rather than facts and true liability, has at least a share of the blame.   Not just the settlements, but the steps doctors go through to try to protect themselves from frivolous suits down the road.  Here are two interesting stories along these lines.  The first from Carpe Diem:

Zurich University Hospital has stopped treating North American "medical tourists," fearing million-dollar claims from litigious patients if operations go wrong. Hospitals in canton Valais have also adopted measures to protect themselves against visitors from the United States, Canada and Britain.

"The directive applies only to patients from the US and Canada who come to Zurich for elective, non-essential health treatments," said Zurich University Hospital spokeswoman Petra Seeburger.

"It is not because treatment is not financed; it is because of different legal systems." In a statement the hospital said it was "not prepared to risk astronomical damages or a massive increase in premiums." Seeburger emphasised that the restrictions only affected people not domiciled in Switzerland.

Apologies to Mark Perry for quoting his whole post, but if you are not reading Mark Perry, you should be.  The second example comes from Overlawyered:

Oh, I miss the days when you got a radiology report that said, "fracture right 3rd rib, no pneumothorax". Because of frivolous lawsuits radiologists have learned to be vague, noncommittal and to pass the buck of possible litigation. So now you get a 2 page report that says "linear lucency in right 3rd rib, clinical correlation recommended, underinflated lung fields cannot exclude underlying interstitial disease and or masses. CT recommended for further evaluation, if condition warrants." along with several other paragraphs of lawyer imposed legalmedspeak"¦.

The US Has The Greatest Health Care in the World

Via Steve Chapman at Reason:

[President Obama] says though the United States spends more per person on medical care than any other nation, "the quality of our care is often lower, and we aren't any healthier. In fact, citizens in some countries that spend substantially less than we do are actually living longer than we do."

That's one of the favorite rationales for a government-led overhaul. But it gives about as realistic a picture of American medicine as an episode of Scrubs.

It's true that the United States spends more on health care than anyone else, and it's true that we rank below a lot of other advanced countries in life expectancy. The juxtaposition of the two facts, however, doesn't prove we are wasting our money or doing the wrong things.

It only proves that lots of things affect mortality besides medical treatment. Heath Ledger didn't die at age 28 because the American health care system failed him.

One big reason our life expectancy lags is that Americans have an unusual tendency to perish in homicides or accidents. We are 12 times more likely than the Japanese to be murdered and nearly twice as likely to be killed in auto wrecks.

In their 2006 book, The Business of Health, economists Robert L. Ohsfeldt and John E. Schneider set out to determine where the U.S. would rank in life span among developed nations if homicides and accidents are factored out. Their answer? First place.

That discovery indicates our health care system is doing a poor job of preventing shootouts and drunk driving but a good job of healing the sick. All those universal-care systems in Canada and Europe may sound like Health Heaven, but they fall short of our model when it comes to combating life-threatening diseases.

Real Options for Health Insurance

Two large drivers of high health insurance costs in certain states is 1) bans on interstate competition for health insurance and 2) state-by-state mandates for minimum coverage.  These two government actions lead to some states having remarkably higher health insurance prices than others.  Via Carpe Diem:

The average health insurance ranges from a low of $1,254 in Wisconsin to a high of $8,537 in Massachusetts, and the national average is $2,613. That kind of variation couldn't exist in a competitive market for health insurance. Interstate competition for health insurance would go a long way towards bringing health insurance costs down.

That Massachusetts model sure is doing wonders, huh?  If reimportation of drugs from Canada makes sense, why not of policies across state lines? See where your state ranks here.

The Emergency Room

We often hear that one of the reasons health care "reform" is necesary in the US is because the uninsured overwhelm emergency rooms.  We hear horror stories of overcrowded emergency rooms with long wait times, which would only be better if we had a national health care system like Canada.

A couple of interesting facts:

Average US emergency room wait time:  4.05 hours

Average Canada emergency room wait time:  8.9 to 23 hours

I confess the numbers are not apples-apples, but they are certainly in the ballpark and highly illustrative.   Have any commenters seen a direct comparison?

Update: OK, the numbers are more apples-apples than I thought.  The US 4 hour number is total time from coming in the door to leaving or getting a bed, the same as the Canadian numbers.  The CNN report linked above got their data from here.

The Silver Lining

TJIC has the silver lining nailed for libertarians:

Let us not forget the good news from the election: one statist, speech limiting, freedom-agnostic candidate lost.

I'm kind of ambivalent this morning -  I knew in advance that freedom was going to lose again in this election, no matter what the outcome.

If I am depressed this morning, it is more about propositions and side issues than about the President and Congress.  Had this been a leftward shift in the county, I could have been satisfied that at least losses in freedom in one area might be substituted by gains in others  (though for me personally, changes in economic freedom tend to have far more direct and immediate impact than changes in social freedoms).

But the only pattern I could see yesterday was not leftward but government-ward.  In the same states where Democratic candidates won with economic interventionist messages, Constitutional bans on gay marriage also won by sizable majorities.   In Arizona, gay marriage was banned, an initiative to limit future tax increases was defeated, an initiative to protect health care choice was defeated, an initiative to soften last year's anti-immigrant legislation was defeated, and a payday loan ban was confirmed.  The voting in some way defies a traditional left-right explanation and is only consistent in that it was almost all the reverse of the libertarian position.  And to make the results even more irrational, nearly the biggest defeat of any ballot initiative in Arizona was for a pay increase for state legislators -- the voters seem to like government but don't trust or respect the individuals employed there.

After the last Bush election, a number of leftish folks claimed they were moving to Canada or France or wherever.  But that's the problem for libertarians in this country -- there is not place to run.  Those who want to run away to a country with a more controlling government have 180 or so choices.  Those of us who seek more freedom have approximately none.

Update: This slight paraphrase from the movie Zoolander encapsulates my thought on this election:

They're the same! Doesn't anybody notice this? I feel like I'm taking crazy pills!

I am actually less frightened by the candidates than by people who seem to get so excited by one or the other of them.

If I Had to Leave the United States

There is a quote from Robert Redford in Three Days of the Condor** that honestly reflects my opinion on the topic of leaving the US  (Redford is Joe Turner, running away from the CIA, while Joubert is an assassin-for-hire):

Turner: I'd like to go back to New York.

Joubert: You have not much future there. It will happen this
way. You may be walking. Maybe the first sunny day of the spring. And a
car will slow beside you, and a door will open, and someone you know,
maybe even trust, will get out of the car. And he will smile, a
becoming smile. But he will leave open the door of the car and offer to
give you a lift.

Turner: You seem to understand it all so well. What would you suggest?

Joubert: Personally, I prefer Europe.

Turner: Europe?

Joubert: Yes. Well, the fact is, what I do is not a bad occupation. Someone is always willing to pay.

Turner: I would find it"¦ tiring.

Joubert: Oh, no "” it's quite restful. It's"¦ almost peaceful.
No need to believe in either side, or any side. There is no cause.
There's only yourself. The belief is in your own precision.

Turner: I was born in the United States, Joubert. I miss it when I'm away too long.

Joubert: A pity.

Turner: I don't think so.

A great line, particularly in a movie steeped in cold war weariness.  Anyway, I was listening to some rant on NPR about leaving the US if McCain won the election, and I asked myself if I had to leave the US, what would be my rank order of countries to which I might move.  My list is highly influenced by language (at 46 I hardly feel like learning a new language) and by countries of which I am knowledgeable.  Here is what I came up with:

  1. Australia
  2. Bermuda
  3. UK
  4. Canada
  5. Singapore
  6. the Netherlands
  7. Switzerland
  8. Spain
  9. Germany / Austria
  10. Costa Rica

Here are some notes on the list, as well as some explanations of countries left off:

  • I have yet to meet an American who did not enjoy living in Australia (and many long to go back).  I came within about 5 minutes of living in Bermuda about seven years ago.  I have always liked the UK and have spent many summers there.
  • Ireland might belong high on the list, but I have never been there and am not that familiar with it.  But my sense is that if I really were to research it, Ireland would make the top 5.  I could also probably have rattled off a number of other British island colonies, but kept it to Bermuda.
  • Canada ... its like a whole other state   (this is a line I uttered at business school once, echoing the then-current "Texas ... its like a whole other country" advertising campaign.  It was not well-recieved by our northern neighbors.  I still think a few Canadians are trying to hunt me down up there
  • Been to Singapore a few times.  An odd place, but certainly a liveable one.  Last gasp of the English speaking choices on the list.
  • Netherlands and Switzerland are both fairly capitalist-friendly nations with good support for a displaced English speaker.  I have spent more time with the Dutch, so it is a bit higher, but Switzerland is freaking gorgeous.
  • Spain is on the list mostly as a language play.  Not a huge fan of the Spanish government, but I speak the language well enough to pick it up quickly.  Good beaches, and the south coast has many of the appeals of Provence without the prices (and the French).  A couple of years ago this probably would have been Argentina.  I really loved Argentina when I was there, but I am scared a bit by the current political and economic climate.
  • I like Austria, and Germany is OK.  Not America but perfectly reasonable places to live.
  • If I am really running not just form the US but the first world in general, I might pick Costa Rica.  A pretty good government, particularly for Latin America, beautiful, and plenty of places to be secluded (and/or hide, if the need were to arise).
  • I considered the Czech Republic.  Prague seems to be the white-hot destination for American tourists, and they certainly know their beer.  But I suspect that Eastern Europe has several more decades of work before the every day conveniences and creature comforts to which I have become accustomed in the US are prolific there.
  • Scandinavia is too freaking cold.  Maybe if I were single I might find some appealing reasons to reconsider...
  • There may be some country like Monaco that would suit me perfectly but of which I am wholly unfamiliar.

Readers are welcome to propose their own priorities in the comments.

** Postscript: Three Days of the Condor is one of my favorites, for a couple of reasons.  First, I always loved Faye Dunaway.  Second, and more important, I like thrillers that have a more languid pace.  I know that sounds weird to say, and if I were a film critic I might have the right words, but there is something about the music and the editing and the pacing that almost stands in contrast to the urgencies of the plot itself.  Despite being on the run through the movie, Redford never actually runs.  No car chases either.  Sort of the antonym to the shaky rapid-cut camera action of, say, the Bourne movies.  Other movies I would put in this same category are LA Confidential (maybe my favorite movie) and perhaps the newer version of the Thomas Crowne Affair. I might put Chinatown on this list too, but then since 3 of the 4 would include Dunaway, one might think my first rather than my second criteria was driving the list.

By the way, even action movies could learn something from this.  The first Indiana Jones movie was great in part because the action scenes were interspersed with quiet scenes.  The audience gets to rest from time to time, and the action is highlighted by the contrast.  You can even have some token character development.  Later Indiana Jones movies fell into the trap of going for non-stop adrenalin.

Canada to Join EU Free Trade Zone?

If so, great for them.  The more free trade in the world, the better:

Canadian and European officials say they plan to begin
negotiating a massive agreement to integrate Canada's economy with the
27 nations of the European Union, with preliminary talks to be launched
at an Oct. 17 summit in Montreal three days after the federal election.

Trade Minister Michael Fortier and his staff have been engaged for
the past two months with EU Trade Commissioner Peter Mandelson and the
representatives of European governments in an effort to begin what a
senior EU official involved in the talks described in an interview
yesterday as "deep economic integration negotiations."

If successful, Canada would be the first developed nation to have
open trade relations with the EU, which has completely open borders
between its members but imposes steep trade and investment barriers on
outsiders"¦

A pact with the United States would be politically impossible in Europe, senior European Commission officials said.

I would have said that changing the last statement would be a great goal for an Obama administration that wants to make Europe love us again (did they ever?)  But he has made clear that trade does not count in his definition of good relations, and in fact has already committed to initiating trade wars against our neighbors Mexico and Canada.

Update on the Massachussetts Health Insurance Mandate

Via Michael Tanner:

  • Slightly less than half of Massachusetts' uninsured population
    actually complied with the mandate. True, the number of people without
    health insurance was reduced from 13% of the state's population to 7%,
    but when the bill was passed, advocates promised that "all Massachusetts citizens will have health insurance."  Perhaps it depends on your definition of "all."
  • Most of those who are signing up are low-income individuals, whose
    coverage is fully or partially subsidized, proving once again that if
    you give something away for free people will take it. It certainly
    appears that it is the expensive and generous Massachusetts subsidies
    (up to 300% of the poverty level), not the unprecedented individual
    mandate that is responsible for much of the increased coverage.
  • Adverse selection remains a big problem, with the young and healthy
    failing to comply with the mandate. The state refused to change its
    community rating laws which drive up the cost of insurance for young,
    healthy individuals. Not surprisingly, they don't find this a good deal.
  • The program is far exceeding its projected costs, with at least a 33% budget overrun in its first year.
  • The program has increased demand for health care services without
    increasing the supply of providers. As a result, patients are having
    trouble finding providers and waiting lists (Canada here we come) are
    beginning to develop.

Really a Joke

I am finding Andrew Coyne's live blog of the Canadian hate speech "trial" to be endlessly fascinating.  Imagine taking the the most self-important but dysfunctional local school board you can find, give them a knowledge of court procedure and the rules of evidence mainly through watching People's Court reruns, and put them in charge of enforcing speech and censorship, and you will about have duplicated this proceeding.

Interestingly, the current evidence being entered in the proceeding seems to be blog comments made on non-Canadian blogs.  Every so often, we have to go through an educational process with the MSM to help them understand that commenters on blogs do not necessarily represent the opinion of the blogger.  It may be OK to use blog comments as evidence that the community at the Free Republic or the Democratic Underground are loony, but not to say that blogger X or Y is a racist because racist comments have been posted on his blog.

It appears that the government of Canada needs a similar education, but I can see this being hard to do.  Remember, each of the hearing "judges" are essentially people who make their living as government censors.  Their job is wiping out speech with which they do not agree.  It is therefore quite likely difficult for them to comprehend that many bloggers (like myself) have no desire to edit or control the content of our commenters.