Comment by keernan
10 days ago
My post neither stated or implied the constitutional provisions. The easiest and clearest provision that has been violated is the Government gathering direct data to classify citizens based upon their expression of their First Amendment rights. That is very apparent in every single example in my post.
I'm not going to engaged with someone on HN debating legal principles regarding something so straight forward. And, as I said, this is off the top of my head. It's basic constitutional law which I haven't found necessary to research. After that sentence I googled McCarthyism and found that SCOTUS ruled in multiple cases that Senator McCarthy and his supporters violated the First Amendment rights of the citizens they accused of communism. I haven't read the opinions, but I am confident they ( and many others ) support the very basic principles I speak of.
Respectfully, this is all making me very strongly doubt your bona fides. There are many clues in the above comment that suggest you aren't who you claim to be.
Nice.
The government cannot collect and put the names of peaceful anti-government protestors into a government database; or show up at their homes when they violated no law; or the government issuing a subpoena to google for personal data about a man who wrote a one sentence letter to a DOJ prosecutor asking for leniency for the defendant in a case he read about.
These are all actions taken by the government in response to citizens expressing viewpoints the government did not like. You will never find more classic First Amendment fact patterns.
Then you haven't really studied 1A law in a long time, if you ever did. These fact patterns have not been well tested in court. They look similar to some cases, but are quite distinguishable, too. They might be 1A violations because of the chilling effect they could have on speech, but I'm not going out on a limb to say with certainty that they are; and I don't know any competent attorney who would.
> The government cannot ... show up at [people's] homes when they violated no law
This happens all the time. It depends on the purpose. Is it purely to harass someone, or is it to perform an investigation or for some other legitimate purpose? It's not prima facie unlawful.
You might find this poster to be instructive. It is very difficult under current law to prevail in a harassment case. https://ij.org/wp-content/uploads/2025/09/Infographic_First-...
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