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

OKC Public Schools Elevating a Privileged Elite over Oklahoma Taxpayers

The hypocrisy of the Soviet Union’s pretense of egalitarianism was well known enough to be the subject of mockery and parody. Ronald Reagan never tired of the jokes . Soviet communism espoused equality, but the reality is that party apparatchiks and government officials enjoyed special perks that no one else had access to. This special class wasn’t officially paid much more than the average skilled worker, but enjoyed privileges like dachas on the coast or countryside, special stores with imported goods and without the endless lines that were commonplace everywhere else, and more advanced medical treatment. For all their talk about eliminating class distinctions, the Soviet nomenklatura —those “doing the people’s work”—could feather their nest with the best of ‘em. Apparently, a similar attitude reigns in our government schools. Our friends at OCPA report that Oklahoma City Public Schools (OKCPS) will not offer in-person instruction to students for the first nine weeks of school this ...

Religious Freedom and School Choice in the Nation's High Court

When the Supreme Court of the United States (SCOTUS) begins its term next week, one of the many important cases it will consider is that of Espinoza v. Montana Department of Revenue , which addresses Montana’s Tax Credit Scholarship program, and gives the high court an opportunity to decide whether Blaine Amendments (which generally prohibit any state money from going to a “sectarian” purpose) violate the establishment and free exercise clauses of the first amendment, as well as the and equal protection clause of the 14th Amendment. At the very least, the justices should rule on whether Blaine Amendments (like Section II-5 of the Oklahoma Constitution) can be used to exclude religious schools from school choice programs which insulate the state from direct subsidy of religious organizations through the “genuine, independent choice of private individuals.”   The question presented to the court is “Whether it violates the religion clauses or the equal protection clause of th...

When It Comes to the Cox Center, “What if I Get to Meet a Movie Star?” Isn’t Good Enough

In a recent   post , 1889 Institute expounded on the fiduciary duty of elected officials “to act in the best interest of the people of the state as a whole,” a “high duty, executed as a public trust … wherein one puts the people’s interest above one’s own.” This fiduciary duty must not stop with elected officials. Once an elected body or an elected official – the legislature, a city council, the governor, or a mayor – has taken final action, the faithful implementation of each enacted law, policy, or program falls to an army of bureaucrats. Thus, a fiduciary duty to execute laws and policies with diligence and integrity, tantamount to that of elected officials, must extend to government employees. Recently, I had a few moments to sit down and watch a show with my children. Unsurprisingly, my son picked a series entitled “The Stinky and Dirty Show.” I was naturally skeptical that the show would yield any real value. However, as I watched, I found myself pleasantly surprised. Each ep...

Gratitude for Restrained Government, and Restraints on Government

We at the 1889 Institute spend a lot of time critiquing government . I mean a lot . It’s what we do: we want to make government the best it can be, and that starts with identifying its flaws . But it is important, from time to time, to acknowledge that on the whole, Americans have it pretty good when it comes to governance. Here’s what I’m thankful for in government this year:   National defense . We live in perhaps the freest society that has ever existed. That would assuredly not be so if it were not for our strong commitment to deterring every foreign threat to our national sovereignty. What use is restrained government if a country is not safe from foreign invaders? Courts . Courts not only determine who is guilty of a crime and who is not, they also provide a forum to resolve sometimes vicious disputes without violence. If free trade is the bridge to human flourishing, then a legal system that upholds property rights, enforces contracts, and deters crime forms t...