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Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

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191–200 of 617 posts

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#191

Earlier quoted context omitted.

Heller vs DC: https://s3.amazonaws.com/oyez.case-media.ogg/case_data/2007/...

I'd appreciate a summary of this 23 minute long audio recording ;)

I added the title, but I wouldnt do it justice, Scalia gives a fantastic overview of what the militia is in the first few minutes.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#192

Earlier quoted context omitted.

It's not even a circuit yet, this is a district court judgement. It is not a final say.

Hypothetically if it weren't appealed would it be the final say?

Only in the same federal district that issued the ruling. And even then its not binding. A different judge in the same district could come to a different conclusion.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#193
post #52
post #20

But are travelers (foreigners) part of "the people"?

There are cases of doing this to U.S. Citizens, in some cases, quite disturbingly, to journalists .

And a NASA scientist with top secret info on his device, too

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#194
post #56
post #32

Earlier quoted context omitted.

Unpopular opinion: why is profiling bad in context of airplane security? If 100% of airplane terrorist attacks are carried out by people of X country (Xians), and 0% of airplane terrorist attacks are carried out by people from Y country (Yians), it seems like a pointless charade of political correctness to check Xians and Yians with equal frequency. I say profile the heck out of Xians. Stop and frisk 100% of Xians an…

Certainly an unpopular opinion, but perhaps the comment you're responding to means profiling in a different way? The way I typically understand profiling is that it's done to anyone who has features (skin tone, facial hair, clothes, etc) similar to Xians regardless of those people's actual origin. And since it's trivial to change your appearance from Xian to whatever-ian it seems pretty useless to profile in that way…

>And since it's trivial to change your appearance from Xian to whatever-ian

Sorry, I don't buy this at all. It is not "trivial" to change your appearance to look like a totally different ethnic group. You seem to have a pretty fantastical idea about the state of today's plastic surgery technology. You might try to hide by shaving and wearing different clothes, but you can't hide what your face looks like or what you skin tone is.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#195
I support this ruling very strongly, and am super-glad it went the way it did.

But at the same time, if it were as obvious as just quoting the constituion, it wouldn't have made it to the Supreme Court in the first place. The SC decides cases that are difficult, not cases that are easy.

Again, I believe this is the right decision, but it was no layup.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#196
post #20

But are travelers (foreigners) part of "the people"?

Good question. I was going to say "yes" but the Heller decision has made that less clear.

My understanding of Heller was that it expanded rather than contracted the rights of the people against the excessive regulation of the state?

[EDIT:] great link, thanks!

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#197

Earlier quoted context omitted.

Hmm...I thought they actually were a special class of protected people.

They'd like us to believe that. That's why they appropriated the term "the press" for themselves when it originally referred to a machine that was used to print. When 1A mentions "freedom... of the press", it's as one of a group of rights that apply to all people, not a group of different parties that have rights. That is, 1A protects everyone's freedom to operate a printing press, or use some other means of publishi…

I’d like to learn more about your interpretation of what “the press” is referring to; it strikes me as interesting that “operating a printing press” would be the explicitly enumerated right in such a (mostly) broad text, but then I am aware of the cultural differences over that many years means it’s not out of the realm of possibility. Do you have any articles or books I could read about this?

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#198
post #174

Earlier quoted context omitted.

But they don’t need to take you to court to refuse you entry and put you on the first flight back home...

To add to that, as a foreigner you don't even have a right to an attorney as long as they do not arrest you. So yes they can just send you back, it is in their capabilities and there's nothing the foreigner can do to counter that decision.

Of course not. Every country has the right to determine who is admissible. There is no right to enter a country where you're not a citizen.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#199
post #139

Earlier quoted context omitted.

That's a silly (mis)characterization of what this is. Some rights are only afforded to the citizenry, and that is not inherently evil and is often the only reasonable approach. Other rights are afforded to everyone. The discussion centers around teasing out what the Constitution means when it uses person/people.

I don’t think it’s silly to suggest that maybe all humans should have the same protections against their rights being violated.

Depends on what you consider a "right" to begin with, which brings us full circle. I think some things are easy and most reasonable people will agree on (like here) but there are many which aren't so clear cut.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#200
post #183
post #139

Earlier quoted context omitted.

I don’t think it’s silly to suggest that maybe all humans should have the same protections against their rights being violated.

> I don’t think it’s silly to suggest that maybe all humans should have the same protections against their rights being violated. Don't different countries have different views of rights? What happens when those rights are at odds? For example, Turkish people can't speak ill against their governments [0]. This contrasts with countries that have fewer restrictions on speech, like America. So I think the main issue is,…

What is your argument here? The fact that human rights are not respected in all countries doesn't mean that humans don't have rights.
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