Comment by cultureswitch
2 years ago
Seems like a pretty open and shut case of unconstitutional restriction of speech in the US. Especially when you consider the wording of the Apple communication saying that they can talk about it openly now that it's public knowledge.
> Seems like a pretty open and shut case of unconstitutional restriction of speech
I wish it didn't cost a lot of money and years of your life to beat these over-reaches.
How exactly do you bring suit on this matter?
Hey we would like to bring suit because the government says we can't talk about them doing X. Oh no, that would be talking about doing X!!
https://en.m.wikipedia.org/wiki/Third-party_doctrine
I don’t think third-party doctrine applies to the gag order, but it is relevant to the surveillance being discussed in this post.
Free speech: are you saying it is guaranteed for companies?
Given the US has a 4th Amendment-free zone within 100 miles of all national borders in the name of national security, I expect the same justification and level of oversight here.
https://www.aclu.org/documents/constitution-100-mile-border-...
This is a common misconception. The 100 mile radius does not waive 4th Amendment protection. A reasonable suspicion of immigration law violation is still required to detain, search and ultimately arrest individuals. To wit: please name a single instance of someone having their rights abused by this so-called "zone".
This article [0] lists several cases of warrantless searches, one of which was in Florida. Apparently that 100 mile radius isn't just from the Canadian border or the Mexican border, it's also 100 miles from any coast, which means that 2/3 of the population lives within that radius.
As far as "reasonable suspicion" goes, I'm increasingly unwilling to support the right of law enforcement to independently, without oversight, determine what is "reasonable".
[0] https://www.nationalreview.com/2018/02/border-patrol-warrant...
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https://radiolab.org/podcast/border-trilogy-part-1
Poor school kiddos. :( Anyway, if you prefer text, click the transcript. I recommend listening though, if you have time!
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Not sure why down voted. Even the quoted article states:
> Border Patrol, nevertheless, cannot pull anyone over without “reasonable suspicion” of an immigration violation or crime (reasonable suspicion is more than just a “hunch”). Similarly, Border Patrol cannot search vehicles in the 100-mile zone without a warrant or “probable cause” (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).
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