Skip to main content

Why Does Oklahoma License Polygraph Examiners?

Should polygraph examiners be licensed?

In Oklahoma, a license is required to work as a polygraph examiner (a professional who applies lie-detector tests), and it is not at all obvious why.


Generally, an occupation is licensed if it is obviously in the public’s interest to prevent potential bad actors from practicing. So, for example, it is argued that doctors must be licensed because, otherwise, some idiot might open a hospital in his garage and really hurt someone. And it is argued that accountants must be licensed because, otherwise, some college-dropout might offer to do accounting for an unsuspecting mom-and-pop shop, tell them their numbers look great (when, in fact, they don’t), and cause them to go bankrupt.


In short, occupational licensing is supposed to either (1) prevent real, tangible harm, or (2) assure customers that their service-provider is trustworthy. However, interestingly, licensing polygraph examiners does not accomplish either of those goals because polygraph examiners do not do anything remotely dangerous (they don’t use chemicals, break the skin, or subject anyone to discomfort or uncleanliness), nor is their practice very complicated (a short YouTube video can explain how to apply a lie-detector test). The absolute worst thing that a lie-detector test can do is produce a false-positive and assign guilt to an innocent person. We wouldn’t want an incompetent practitioner to destroy a good marriage or cause the termination of a loyal government employee, now would we?

No, but even if licensing really can guarantee that service-providers are competent, the false-positive problem still exists. The absolute best polygraph examiner in the world can’t guarantee perfect accuracy (or even half-good accuracy) because the lie-detector test itself is highly unreliable. It simply doesn’t work very well. According to the U.S. Supreme Court, the rate at which the test fails is about the same as the rate at which a coin-toss produces heads. (That is why the test is not allowed as evidence in most courts and is outright banned in all military courts.)

Therefore, licensing polygraph examiners makes about as much sense as licensing baseball players. The goal of a batter is to get hits, but it is easier said than done. An excellent hitter is still very unreliable. He’s just marginally less unreliable than a bad hitter. In the same way, a good polygraph examiner is still very bad at detecting lies. He’s just not quite as unreliable as a bad polygraph examiner.


So, there is no reason at all why the state of Oklahoma should be in the business of deciding who is allowed to try his hand at detecting lies. There is no public-interest justification whatsoever. And yet, it is indeed illegal to fail to obtain a license. Even more puzzling, the requirements imposed on license applicants are unnecessarily excessive. Acquiring a license takes several years and costs tens of thousands of dollars. In fact, it is much faster and easier to become a paramedic, despite paramedics needing much higher skill and facing much higher stakes on the job.


Not only are the requirements obviously unnecessary; they don’t even make sense. For example, an applicant needs one of either (a) a four-year degree of any kind, or (b) five years of relevant experience. That means that a philosophy major would qualify for a license over someone with four years of actual, relevant experience (one year short of the requirement).


Ultimately, it seems much more likely that polygraph examiners are licensed not because it is in the public’s interest but because it is in the interest of lobbyists. After all, licensing makes it very difficult for new people to enter the occupation. Less competition means established service-providers can raise their prices with impunity. It’s good for them, but it is bad for the rest of us (consumers and job-seekers).


The state should not involve itself in the monopolizing efforts of established practitioners of any trade. Likewise, polygraph examiners should not be licensed.


by Luke Tucker, 1889 Institute Intern and PhD candidate in Philosophy


Popular posts from this blog

Licensing Boards Might Violate Federal Law: Regardless, They Are Terrible Policy

Competition is as American as baseball and apple pie. “May the best man win” is a sentiment so old it doesn’t care about your pronouns. The beneficial effects of competition on economic markets are well documented. So why do we let powerful business interests change the rules of the game when they tire of competing in the free market? Most of the time when an occupational license is enacted, it is the members of the regulated industry who push hardest in favor of the license. Honest competition may be fundamentally American, but thwarting that competition through licensing seems to be fundamentally Oklahoman. Oklahoma doesn’t have the most occupational licenses, but when they do license an occupation, the requirements tend to be more onerous than the same license in other states. But what if, instead of merely breaking the rules of fair play to keep out would-be competition, Oklahoma licensing boards are also breaking the law? Normally a concerted effort to lock out competition would v

Undo 802

Why is it that when conservatives suffer a major loss, they give up, accept the new status quo, and fall back to the next retreat position? When progressives suffer a major loss, they regroup and try again. And again. Until they finally wheedle the American public into giving in. I propose a change in strategy. The Oklahoma Legislature should make undoing State Question 802 its top legislative priority for 2021. This will not be an easy task (legislators seem to prefer avoiding difficult tasks) but it is a critical one. The normal legislative process, with all its pitfalls and traps for the unwary, will only bring the topic to another vote of the people. So why spend so much political capital and effort if the same result is possible? Three reasons.   First is the disastrous consequences of the policy. Forget that it enriches already-rich hospital and pharmaceutical executives. Forget that it gives the state incentives to prioritize the nearly-poor covered by expansion over the des

Oklahoma Mayors Acted Unlawfully With COVID-19 Orders

In response to COVID-19, the mayors of Oklahoma’s three largest cities subjected their citizens to draconian shelter in place orders, restricting their freedom, damaging them financially, and undermining their constitutional rights. The mayoral decrees were more restrictive than those of the Governor, and in significant ways contradicted his policy. To this day, city-mandated social distancing rules remain in place in Oklahoma City, Tulsa, and Norman that are not required by the state’s reopening plan. The mayors claim that where their rules are more restrictive than the state’s, the city rules apply. Was any of this unilateral mayoral activity legally valid? For the reasons examined in my paper published today, An Argument Oklahoma’s Mayors Acted Unlawfully During COVID-19 , the short answer is no. (A summary of the paper can be found here .) A close examination of relevant city ordinances and state laws governing the mayors’ COVID-19 decrees forces the conclusion tha

COVID-1984: Have Americans Become Too Complacent in Our Liberties?

Alongside the coronavirus, another pandemic is gripping our country, one that we will feel the consequences of long after we reach herd immunity. I dub this pandemic COVID-1984, and I fear it will rot the roots of the Tree of Liberty. The consequence will be a government emboldened by a passive citizenry. One of the most surprising aspects of our current situation is how willing people have been to report their fellow citizens to authorities for the most minor and meaningless offenses. I used to wonder how people in authoritarian countries like Stalinist Russia and Maoist China went along with those cruel regimes. It turns out a tiny bit of fear is all you need to be a successful dictator. And now it’s all the easier to report your neighbors for reading alone on the beach with tip lines.   Even as governors and judges begin to lift stay at home orders, mayors are extending them. A county judge issued a temporary restraining order against Illinois Governor J.B. Pritzker’s stay at