We’ve got due process (except OMG HOMELAND SECURITY!!!), so what?

Don’t get me wrong, I am a huge fan of due process. Having personally had my rights read to me under the pretense of suspicion of such trifles as treason and espionage, I certainly appreciate the fact that the U.S. Government frowns upon letting people rot away in an oubliette indefinetely without a trial (unless you’re an Arab). Instead they send you home and let you worry that they will just make shit up to make their case(which they did) and it will be you versus federal law enforcement and you can’t win (surprisingly, you can).

They give you a long time to worry too. Due process can take ages; take a look at trial scheduling after all but the most heinous of crimes. Unless you can make bail, or are not judged a flight risk, you will likely be spending that time in jail (which is so much better than prison mind you).

Anywho, I digress. The point I wish to make today is best illustrated by a quote from Judge Joseph L. Tauro in Rogers v. Okin:

“The right to produce a thought — or refuse to do so — is as important as the right protected in Roe v. Wade to give birth or abort […] The First Amendment protects the communication of ideas. That protected right of communication presupposes a capacity to produce ideas. As a practical matter, therefore, the power to produce ideas is fundamental to our cherished right to communicate and is entitled to comparable constitutional protection […] whatever powers the Constitution has granted our government, involuntary mind control is not one of them”

Now you will ask: “Under what circumstances would a district court judge feel compelled to say something like that? What kind of horrible fucked up society do we live in which that even comes into question?”

Exactly.

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One thought on “We’ve got due process (except OMG HOMELAND SECURITY!!!), so what?”

  1. Now some of you will have immediately pinged on Roe v. Wade and are already missing the point. Good for you, you’re the kind of constituent the media loves. If you stick around, I’ll address abortion to your satisfaction. Keep your eyes out for a post entitled “Abortion: Inefficient?”

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