Civil Liberties – Page 13 – Shall Not Be Questioned

Doctors Sue to Overturn Florida Gun Gag Law

I believe this should be an easy case for our opponents to win, and it was for this reason, plus a general conviction that we have a thing called free speech in this country, that I oppose NRA pushing these bills in state legislatures.

That said, I can see the strategic value in our opponents having to spend money they are short on to fight it. Even though the case should be fairly slam-dunk from their point of view, and for the First Amendment’s sake, I hope it is, it’s still money they won’t be able to spend fighting a case I really do care about.

In addition, it’s a shot across the bow to the medical establishment that they really ought not insert themselves into a contentious social issue that has absolutely nothing to do with the field of medicine. It’s not the AMA, AAP or ACP the press touts as the country’s most powerful lobbying group, and they would do well to remember that.

Foundation for the Defense of Some Democratic Values?

The Foundation for Defense of Democracies says they are “dedicated exclusively to promoting pluralism, defending democratic values, and fighting the ideologies that threaten democracy.” It doesn’t say anything about being an organization dedicated to promoting and defending due process before depriving people constitutional rights. That’s good,Â because it they said that, they’d be hypocrites. I’ll leave it to the readers to decide whether that fundamental principle is among the “democratic values” that this organization claims to defend.

Good to See the GOP Has Their Priorities Straight

While New York State is busy hemorrhaging money due to serious budget shortfalls, some in the NY GOP have decided to flog the gay marriage deceased equine a few more times. This is what the GOP does best when they can’t balance budgets. Unfortunately for them, this issue increasingly rings hollow with younger generations, and is probably doing more to alienate younger voters than any of their other failings.Â I predict this will be a winning issue for Democrats, especially downstate, if the GOP chooses to press it.

In other news, it would seem the term being used now is “marriage equality” rather than “gay marriage,” or “same-sex marriage.” This makes sense from a PR perspective. Kind of like how we framed the term “modern sporting rifle” when our opponents started using the word “assault weapon” to describe anything under the sun that hurled a projectile out of a long barrel that had a few ugly accessories attached to it. After all, who can be against equality? And who doesn’t like modernity, and sportsmanship? I mean other than Andrew Goddard.

Let us hope that the GOP does not borrow an idea from our opponents and adopt “assault marriage,” to describe same-sex marriage. Some of them are getting close.

More 4th Amendment Weakening

Burgers and Boomsticks has a summary of a recent SCOTUS case that further weakens Fourth Amendment protections. Now it would seem of the police can come knocking on your door without a warrant, and provided they report hearing some kind of noise inside, will be able to enter claiming exigent circumstances claiming they had probable cause to believe you were destroying evidence. That has been the law for a while now, but I don’t think it’s right. Ginsburg was the only dissenter.

The 4th Amendment has been out of favor for a while now, and it’s one of the great travesties of the more conservative court in recent years. I am, for the most part, a Fourth Amendment absolutist. I don’t really agree with how Terry v. Ohio has been structured, nor do I agree with police being able to enter a private residence without a warrant except under emergency conditions, like someone calling 911 for a health emergency, the house being on fire, or hearing someone inside screaming for help. To me the Fourth Amendment means being able to live your life with your property and privacy safe from the depredations of governments. It is not a problem for law enforcement to look for ways around, with full help by American courts.

Quote of the Day

Via Volokh commentary on the decision by the Indiana Supreme Court to eliminate the right to resist unlawful entry of a government agent. This quote is attributed to William Pitt, Earl of Chatham, after whom the city if Pittsburgh is named:

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter â€“ all his force dares not cross the threshold of the ruined tenement!

Indiana is not alone in eliminating common law provisions in regards to resisting unlawful intrusions by the state on property or person. A number of states had already eliminated this right by statute, including, in part, Pennsylvania (no right to resist an unlawful arrest). We’ve strayed from William Pitts’ ideal, and I don’t think we’re better off for it.

Bitter Irony

I doubt the officials who are responsible for this ever gave it a moment of thought.

Your Government, Working for You

Looks like there is going to be new requirements for getting a passport:

The U.S. Department of State isÂ proposing a newÂ Biographical Questionnaire for some passport applicants: The proposed new Â Form DS-5513 asks for all addresses since birth; lifetime employment history including employersâ€™ and supervisors names, addresses, and telephone numbers; personal details of all siblings; motherâ€™s address one year prior to your birth; any â€œreligious ceremonyâ€ around the time of birth; and a variety of other information. Â According to the proposed form, â€œfailure to provide the information requested may result in â€¦ the denial of your U.S. passport application.â€

Looks like I will be adding overseas travel onto the list. I’m already curtailing of airlines use, to the greatest extent I am able. I love flying and traveling, generally speaking. I just can’t stand what our oppressive government has turned it into. Tell me why I shouldn’t believe the terrorists have won?

Hat Tip to Cam Edwards

Pennsylvania Anti-TSA Bill

Not to be outdone by New Jersey, a bill has been introduced in the Pennsylvania House to criminalize the TSA nude-o-scope and grope. Now, apparently, with 10x the radiation, absolutely free!

They Have Some Nerve

Via Clayton Cramer, the Las Vegas Sun has some latest news from the Righthaven nonsense:

â€œDefendants have elected to needlessly increase the burden on this court and its staff and to increase the litigation costs incurred by the parties by escalating the litigiousness of the action. Righthaven contends that this is precisely defendantsâ€™ desired effect in this case â€” to drive up their attorneysâ€™ fees and costs in an attempt to burden Righthaven with an astronomical fee award,â€ Righthaven said in a filing.

I have the world’s smallest violin here playing for these guys. It’s so small I don’t think Jason’s 3D printer could print it. Sucks when the table is turned, doesn’t it, Mr. Steven Gibson? I hope the Democratic Underground and the Electronic Frontier Foundation make Righthaven their bitch. This shakedown racket Righthaven has going should not be a viable business model.

TSA In Hot Water

Apparently Amtrak is none too pleased with a TSA stunt at a Savannah Train Station:

In late February, the Transportation Security Administration took over the Amtrak station in Savannah, Ga., and thoroughly searched every person who entered. None of the passengers got into trouble, but the TSA certainly did â€” big time.

Amtrak Police Chief John Oâ€™Connor said he first thought a blog posting about the incident was a joke. When he discovered that the TSAâ€™s VIPR team did at least some of what the blog said, he was livid. He ordered the VIPR teams off Amtrak property, at least until a firm agreement can be drawn up to prevent the TSA from taking actions that the chief said were illegal and clearly contrary to Amtrak policy.

I would imagine there would be Fourth Amendment implications as well. Imagine if they had done this at, say, Amtrak’s 30th Street Station in Philadelphia. How many armed passengers are proceeding through that station on a daily basis? The status of Amtrak is actually a matter of dispute. In a First Amendment context, they are considered a government actor. But for the purposes of prohibiting firearms, they claim to be a private corporation and are thus can exclude people with firearms from their property, including their stations, as a matter of private property.

It’s probably a good idea if you’re carrying in an Amtrak station to leave if they ask you to. But I really wonder with what statutory authority TSA thought it was operating under. And could you be arrested for carrying a gun through their checkpoint, as you would be at an airport?

UPDATE: Hat tip to Ian Argent for the story.