Comment by observationist
Comment by observationist 3 days ago
These people are so ridiculous. It'll fail on 1A and 2A grounds, not to mention challenges implicit from 4A and 5A considerations. They can't ban arbitrary information, even dangerous information, and there's a presumption of regularity - you're presumed innocent of wrongdoing absent evidence, so they can't legislate the assumption of criminality by default. They can't ban private creation of firearms and weapons, so long as other aspects of the law are being followed. They can't assert control over private property and mandate being online, this is equivalent to a warrantless search of private home activity. Arbitrary compliance costs and increased prices can amount to violations of 5A takings clause, and you can't bake in a violation of your right to refuse to incriminate yourself, especially with the vague, subjective nature of the proposed legislation. There's also 5A due process concerns, with the legislation being overbroad and arbitrary. 14A presents equal protections and lays the basis for discrimination between hobbyists and manufacturers and interstate commerce concerns.
The whole notion is about as anti-American and authoritarian as laws get, I don't see it as anything more than political grandstanding, and even if Washington passes it with statewide, unanimous endorsement, it won't last a year before 9th circuit court strikes it down on purely 2A grounds.
Do any A’s matter under this administration?