Use the SCOTUS cell data ruling to teach!

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  • Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    We've all heard the argument: that the founders were only thinking about muskets when they affirmed the 2A's protections from government infringement on self defense. We all know that's nonsense, but some of the grabbers really do seem to think that's a viable approach to supporting local restrictions, etc. Even when you counter with, "Well, they didn't have the radios, television, or even photocopiers in mind when they codified the 1A's protections, either ..." you'll get blank stares, but the occasional very dim little light bulb will turn on.

    It's always nice to have multiple examples to cite, so that not only can we draw the distinction between originalist/textualist and activist judges, but we can show how these things are a matter of principal rather than necessarily practicality. In this (the Carpenter) case, the mix of judges that did or didn't agree with the "you need a warrant to get hold of cell tower location data" is a bit odd, and suggests how complex the topic can be, because of the competing interests of personal liberty and law enforcement/investigation. But the right outcome occurred.

    It's another VERY good example of the PURPOSE of the Bill of Rights being upheld despite its authors having no possible concept of a given technological development down the road. The justices found that our expectation of protection from prying investigations (in this case, into where we've been and when we were there) without a warrant exposing that information is just as valid today as it was two centuries ago, despite then-unimaginable technologies coming into play centuries later.

    The founders understood self defense, free expression, association, freedom from capricious search and seizure, and so much more as PRINCIPLES, not as practical rules based on particular objects, technologies, or circumstances. It's every bit as true for the 2A as it is for the 4A.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    Agreed. We also need to teach the reasons the specified rights are protected (not GRANTED, but PROTECTED). As always, those who do not study are bound to repeat.
     

    River02

    One Ping Only...
    MDS Supporter
    Sep 19, 2015
    3,924
    Mid-Maryland
    es..it's a great example. My sincere doubts as to whether "they" can even begin to listen after they hear the words "gun" or "firearm" or 2nd amendment. Such is the state of their inability to employ logic and critical thinking skills to overcome the absolute indoctrination--foisted on them by...themselves.
     

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,332
    Good point, and while there is hope for our future there are too many Anti 2A people that absolutely refuse to listen to reason. Much like the recent story about the Press Secretary Sanders being kicked out of a restaurant because they don't like Trump's policies... The party of "tolerance" simply cannot tolerate anything but what they are pushing. They are up in arms because a bakery doesn't want to make a cake for a gay couple, but they justify and shout from the rooftops when the Press Secretary is refused service at a restaurant.

    If you think you can reason with that, you are a bigger optimist than I am!
     

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