Showing posts with label 4th amendment. Show all posts
Showing posts with label 4th amendment. Show all posts

Friday, August 24, 2018

On When Speech Becomes Threatening and Incites Violence

     Maybe the Berkeley riots and fires of 2017 – called “leftists destroying their own communities”, even though only a small area was burned - were in response to people who are known to routinely dox people, demanding the right to surreptitiously out vulnerable people to mobs of angry xenophobia-trendies.
     Milo Yiannopoulos's speech was blockaded by anti-Alt-Right and anti-fascist protesters because Yiannopoulos had become infamous for speaking ill of transgender people, undocumented immigrants, and others. In late 2016 in Milwaukee, Yiannopoulos publicly named a transgender individual, and publicly mocked that person for filing a Title IX complaint about discriminatory bathroom access rules at the University of Wisconsin at Milwaukee. According to The Independent (UK), protesters at Berkeley argued that Yiannopoulos had threatened to out undocumented immigrants.
     Yiannopoulos denied those claims. But whether that accusation is true or not, outing transgender people or undocumented immigrants, and spreading personal information about them, does potentially threaten their safety, especially if done in a mocking way. This behavior not only hints that such people should be targeted; it creates every element of a realistic, credible, and possibly even imminent risk of violence, by giving potential attackers virtually all of the information they will need to successfully target the vulnerable person who has been outed.
     I am not totally convinced of ideas like "fighting words", "suicide by cop", nor even necessarily "hate speech". But I do firmly believe that only speech which does not advocate harm against others should be protected.
     And telling a crowd of people the location and previous name of a transgender person, or telling a crowd of students that an undocumented immigrant attends their school and giving out their name and address, would look like deliberate attempts to provoke and incite people to commit acts of violence to me.
     While Yiannopoulos, Richard Spencer, and others in the Alt-Right have not exactly done that, they have helped to create an environment in which speech that incites violence is being increasingly accepted, and arguably even normalized, and thought of as part of our freedom of speech, and thus deserving of protection by the authorities.
     All of this demonstrates the purposes of the 4th and 9th Amendments to the Constitution perfectly; that we are supposed to remain secure in our persons, houses, papers, and effects; that our rights do not come from a piece of paper; that we have the right to live without constantly having to show our papers to the authorities; and that we ought not have the obligation to reveal things about our identity which could endanger us. Especially when we are just trying to use the restroom.


Post-Script:
     Please click the link below to watch Milo Yiannopoulos dox a transgender student in late 2016 in Milwaukee:
    http://www.youtube.com/watch?v=CulQgP8JZKs&feature=youtu.be
    Click this link to read about reactions:
   http://www.thecut.com/2016/12/milo-yiannopoulos-harassed-a-trans-student-at-uw-milwaukee.html
    Click this link to watch the full video (the relevant part of the video begins at the 49:52 mark):
     http://youtu.be/-t1ufzttyUM



Originally Written on August 24th, 2018
Edited, and Post-Script Added, on February 15th, 2019

Thursday, May 8, 2014

Wiretaps, Searches, and the P.A.T.R.I.O.T. Act

The following was written in April 2014, as part of a response to the Campaign for Liberty's 2012 survey questionnaire for candidates running for federal office.



15. Will you oppose federal power grabs like roving wiretaps and warrantless searches, and oppose PATRIOT Act renewal that includes such items?

     Yes, I will oppose roving wiretaps and warrantless searches by the federal government; and vote to repeal the PATRIOT Act, to oppose its renewal and similar legislation.
     I will criticize the PATRIOT Act on the basis of its lacking both constitutionality and transparency. Given the short duration of time which members of Congress were given to read and consider the bill, the stipulation that only those members who voted for the bill would be permitted to participate in its subsequent amendment, and the fragmented manner in which the bill was constructed – as well as the content of the bill itself - I see no reason to support the act or its renewal.
     I believe that unless danger is imminent and reasonable suspicion of violent crime is present, a wiretap or search is not permissible unless and until a judge has signed a warrant issuing authorization for such an action. Federal agents must not write their own search warrants and enter and occupy people's homes without either permission of the homeowner or a warrant signed by a judge, as did the agents of King George III during the American Revolutionary War.
     Contrary to the attitudes of supporters of the PATRIOT Act, the need to protect our 5th Amendment liberties should never be superseded by the need of law enforcement agencies to gather information quickly and efficiently, nor by the need of judges who sign such warrants to get a full eight hours of sleep at night.
     I will sponsor legislation to augment the protection of the civil liberties enumerated in the 4th, 5th, and 6th Amendments, strictly prohibiting government surveillance without cause, as well as all illegal activities of the National Security Agency's programs, in particular the PRISM data collection program.
     I will also urge states and local governments to legalize the filming of police officers and all elected and appointed public officials, and I will support increased congressional oversight of the Continuity of Operations Plan, in order to prevent the suspension of the Constitution and basic civil liberties in the event of a State of National Emergency. Additionally, I will support review and revision of which agencies the U.S. considers terrorist groups hostile to our country, in order to ensure sufficient domestic homeland security absent the politicizing effects of our military and trade policies towards other nations.




For more entries on homeland security and terrorism, please visit:
http://www.aquarianagrarian.blogspot.com/2011/03/911-heres-what-i-think-happened.html
http://www.aquarianagrarian.blogspot.com/2014/05/identification-and-travel-documents.html

For more entries on high-profile corruption and conspiracy theories, please visit:

Sunday, April 20, 2014

Airport Security and the Expectation of Harm

Written on June 7th, 2011



   I've been told that it's acceptable for airport security personnel to search travelers without permission, a judge's warrant, or reasonable suspicion because those travelers have the expectation that when they go to the airport, they will be searched.

   I've also heard G.G. Allin say that people know when they walk into one of his shows, they have the expectation that they may be beaten or raped by the performer, and that they enter at their own risk. And, being that people are prone to mosh at such shows, they should not be able to blame one another for hitting them because they should have the expectation that when they get close enough to the mosh pit, they might get drawn into what would normally be considered a fight.

   I gather that the general principle here is that expectation makes violation of personal safety acceptable. That's why I'm willing to make a compromise.

   I'm willing to accept being given the illusory choice between being given cancer and seen naked versus being molested, as long as musicians are allowed to rape their fans on stage and punk and metal shows are classified as Temporary Autonomous Zones.


   Be consistent; either all forms of public rape are legal, or none are.




For more entries on homeland security and terrorism, please visit:
http://www.aquarianagrarian.blogspot.com/2011/03/911-heres-what-i-think-happened.html

How to Fold Two Square Pieces of Card Stock into a Box

      This series of images shows how to take two square pieces of card stock (or thick paper), and cut and fold them into two halves of a b...