Another Reason to Shoot Down Drones

Deer Trail, CO, is looking at passing an ordinance allowing its residents to shoot down drones.  It seems those good folks have a proper disdain for government fishing expeditions masquerading as “surveillance.”

But it’s not just the government that’s intruding objectionably.

When Tina Turner got married at her estate in Switzerland over the weekend, she wanted to keep paparazzi away.  But photographers used drones and other aircraft to get the exclusives they [wanted].

And [emphasis added]

Drones are gradually becoming established in Germany as a tool of photographers and television crews….  Drones are cheaper and quieter than helicopters and can be navigated unnoticed over gardens or in front of windows.

And

“They can be very helpful—it works well in the US,” says Heiko Schoenborn of the photo agency WENN.

Maybe Deer Trail should expand its target list.

Corporations and Religion

On Friday, the Philadelphia-based US Court of Appeals for the Third Circuit ruled that “for-profit, secular corporations cannot engage in religious exercise….”

The case centered on a complaint concerning the HHS/Obamacare contraceptives mandate brought by Conestoga Wood Specialties Corp,

a manufacturer of wood cabinets based in East Earl, PA, and its owners…Mennonite Christians [who] say the requirement violates the Free Exercise Clause of the First Amendment as well as the Religious Freedom Restoration Act, which guards against laws that substantially burden that right.

The majority held that

while there is a history of the courts protecting the rights of for-profit companies to engage in speech, the same can’t be said for religious rights.

“Even if we were to disregard the lack of historical recognition of the right, we simply cannot understand how a for-profit, secular corporation—apart from its owners—can exercise religion[.]”

Judge Kent A Jordan dissented, noting that Supreme Court decisions, in fact, have recognized corporations’ right of free exercise of religion.  Further,

The government takes us down a rabbit hole where religious rights are determined by the tax code, with non-profit corporations able to express religious sentiments while for-profit corporations and their owners are told that business is business and faith is irrelevant.
…
It is the profitmaking character of the corporation, not the corporate form itself, that the Majority treats as decisively disqualifying Conestoga from seeking the protections of the First Amendment or RFRA.  That argument treats the line between profit-motivated and non-profit entities as much brighter than it actually is, since for-profit corporations pursue non-profit goals on a regular basis.
…
[I]t said that…any harm to the Hahns’ religious liberty is “too attenuated to be substantial” because it is Conestoga, not they, that must face the Mandate.

Charles Proctor, who was among those representing Conestoga, asked an important question:

How do you parse separate those three sentences in the First Amendment?  They are only separated by a semicolon. In my opinion, you can’t.

The answer is plain: in fact, they aren’t three sentences; they’re one sentence, and the clauses are “not even separated by a longer pause than a semicolon[.]”

Moreover, too many on the Third Circuit plainly do not understand the concepts of ownership or property.  Companies are nothing more than agents of their owners.  Religious rights—and free speech rights and any other rights—denied men’s agents are rights denied the agents’ owners by constricting those owners’ capacity to act through their agents.

It’s also clear, on a point not raised in the WSJ Law Blog article, that the contraceptive mandate also violates the Establishment Clause by placing the government’s determination of appropriate religious behavior above the agent company’s—or individual’s.

The full appellate opinion can be seen here.

2nd Amendment Denial, Personal Type

Following a request from the FBI, the Sanford Police Department reported Thursday that it has halted its plan to return George Zimmerman’s gun and other pieces of evidence used at his murder trial.

Never mind that Zimmerman was acquitted of all charges, and so the State of Florida has no grounds for refusing to return to him his property and no grounds for withholding from him his concealed carry permit.

Never mind that the same FBI that asked the SPD to retain Zimmerman’s property has already completed an extensive investigation into Zimmerman’s racial bias as part of a general investigation into the man prior to his arrest and trial, finding no hint of racial bias.

Zimmerman is to be denied his property, “pending…DOJ investigation.”

And so the persecution continues.  Within a broader theme to facilitate the Progressives’ attack on the 2nd Amendment.

They Don’t Get It, Local Edition

In an article about police’s increasingly routine use of automatic scanners,

which can be affixed to police cars, bridges, or building to amass millions of digital records on the location and movement of vehicles…includ[ing] such details as location and license plate numbers[,]

comes this little tidbit.

The Mesquite Police Department, in Texas, has vehicle records stretching back to 2008, though the city plans to begin deleting files older than two years.

“There’s no expectation of privacy” for a vehicle driving on a public road or parked in a public place, said Lt Bill Hedgpeth, a police spokesman.  It’s just a vehicle.  It’s just a license plate.”

There’s also no expectation that police—our employees—will surveill us constantly, building a permanent database (some might say, a dossier) on us while on an idle fishing expedition, for future prurient curiosity.  There’s no expectation that government—our employee—will track our movements, and thereby track our meetups, and with whom, just because it feels like it.

What Was He Thinking?

Attorney General Eric Holder said this at the annual NAACP convention on Tuesday:

There has always been a legal defense for using deadly force if—and the “if” is important—no safe retreat is available.   But we must examine laws that take this further by eliminating the common sense and age-old requirement that people who feel threatened have a duty to retreat.

Say what!?  What age-old requirement?  Whence this?  Has he never read John Locke?  Does he think Locke wrong?  If so, based on what?

Has he never read US law?  Does he think US law is wrong?  Oh, wait….

What logic of his underlies this outlandish claim?

If we retreat when we have the means to resist, all we do is reward the criminal for his crime.  Our right to our lives and our property create in us no obligation at all to retreat, or to cede them to another solely on the basis that another wants them more than do we.

On the other hand, if “we” have a duty to retreat when threatened, surely “we” includes that threatener: he has a duty to retreat if we threaten him.