All posts tagged law.

This makes me extremely sad.

(via hilker:kevintwohy)

I’m a little surprised it took this long but the Union’s largest state finally legalized same sex marriage.

This guy, Kurt Denke, used to be a litigator and now runs an AV cable company named Blue Jeans Cable. While no web designer this guy apparently makes good cables at a reasonable price.

The interesting thing happened when Monster Cables sued him for patent infringement. The link forwards you to the response he gave to Monster Cable which completely indicts their suit as unethical and hit and run with no merit. He responded that he’s going to see this though to judgement regardless of anything and is not afraid of litigation.

A nice article describing what rights you have when photographing things.

One question I still have is whether taking pictures on the subway are legal. Since they’re private and you have to pay to get in, unlike malls.

Permalink

In relation to the supreme court case coming up with regard to the handgun ban in the District of Columbia many people have brought up the slippery slope that could happen to individual rights if guns are made illegal. I know most of you have never read the constitution or the bill of rights so here’s the first and second amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

N.B. the first amendment does not protect you from private infringement or even state infringement, the 14th amendment protects you from the states and nothing protects you from private infringement.

The first amendment is fairly straightforward and unambiguous as to the rights it protects. Compare this to the second amendment, as passed by the House and Senate:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

This is fairly ambiguous statement. First of all is it one statement or two? what shall not be infringed? The modern militia is the national guard, does this protect their right to bear arms or all person’s rights. Or assuming the national guard is not the modern militia do you have to belong to a militia to qualify for this protection? what constitutes a militia?

This question becomes even more diluted when you look at state vs federal governments. Unlike the first amendment the second does not explicitly specify whom shall not infringe said rights. Then, if the 2nd amendment only applies to the federal government does the 14th amendment apply to the second as it does to the first? If that wasn’t confusing enough several different states ratified different versions of the 2nd amendment from the one passed by the congress.

In large part the states have taken charge with regard to gun regulation legislation. It’s worth noting that it is legal to own a gun in the district but it is illegal to own a handgun. This was largely prompted by the fact that for a while DC had the highest murder rate in the nation. Since enacting this ban the murder rate has dropped dramatically and DC is no longer a contender for the murder capital of the nation.

Constitution of the United States, Amendment I:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That’s all it says.

So next time some business or non-governmental group of people tells you there are things you aren’t allowed to say on their premises, physical or virtual, do not claim that your constitutional rights are being violated, because they’re not.

Thanks.

The interesting thing is that the bill of rights is that it doesn’t even protect you from state governments impeding your rights. It’s actually the 14th amendment which protects you from the states.