In a 5-4 decision, the justices ruled for the first time that the Second Amendment applies to state and local governments. The court ruling — which one gun advocacy group compared to the landmark Roe v. Wade abortion ruling — stemmed from cases challenging ordinances in Chicago and suburban Oak Park, Ill., that effectively ban the possession of handguns.
The court split along its usual ideological lines: the court’s more conservative justices — John Roberts, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito — voted to extend gun rights, while Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor voted to hold the line against such arguments.
“Self-defense is a basic right, recognized by many legal systems from ancient times to the present day,” Alito wrote in the court’s majority opinion. The right to bear arms, he wrote, applied to the states because of the 14th Amendment, adopted in part to ensure uniform national standards of justice after the Civil War.
“It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty,” Alito wrote.
The court’s majority suggested the ruling is a logical extension of the Supreme Court’s decision in 2008 declaring that the right to bear arms is an individual one — and not one that simply acknowledges the existence of state militias. However, in the new ruling, the justices did not give precise guidance about how broadly the right to bear arms applies, and which particular kinds of regulations might be unconstitutional.
In the main dissenting opinion, Breyer wrote that he found “nothing in the Second Amendment’s text, history, or underlying rationale that could warrant characterizing it as ‘fundamental’ insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes.” Ginsburg and Sotomayor joined Breyer’s dissent.
A US Senate committee has approved a wide-ranging cybersecurity bill that some critics have suggested would give the US president the authority to shut down parts of the Internet during a cyberattack.
Senator Joe Lieberman and other bill sponsors have refuted the charges that the Protecting Cyberspace as a National Asset Act gives the president an Internet “kill switch.”
Instead, the bill puts limits on the powers the president already has to cause “the closing of any facility or stations for wire communication” in a time of war, as described in the Communications Act of 1934, they said in a breakdown of the bill published on the Senate Homeland Security and Governmental Affairs Committee website.
One critic said Thursday that the bill will hurt the nation’s security, not help it. Security products operate in a competitive market that works best without heavy government intervention, said Wayne Crews, vice president for policy and director of technology studies at the Competitive Enterprise Institute, an anti-regulation think tank.
“Policymakers should reject such proposals to centralize cyber security risk management,” Crews said in an e-mail. “The Internet that will evolve if government can resort to a ‘kill switch’ will be vastly different from, and inferior to, the safer one that will emerge otherwise.”
Cybersecurity technologies and services thrive on competition, he added. “The unmistakable tenor of the cybersecurity discussion today is that of government steering while the market rows,” he said. “To be sure, law enforcement has a crucial role in punishing intrusions on private networks and infrastructure. But government must coexist with, rather than crowd out, private sector security technologies.”
On Wednesday, 24 privacy and civil liberties groups sent a letter raising concerns about the legislation to the sponsors. The bill gives the new National Center for Cybersecurity and Communications “significant authority” over critical infrastructure, but doesn’t define what critical infrastructure is covered, the letter said.
Fears that the legislation is aimed at bringing the Internet under the regulatory power of the U.S. government in an offensive against free speech were heightened further on Sunday, when Lieberman revealed that the plan was to mimic China’s policies of policing the web with censorship and coercion.
“Right now China, the government, can disconnect parts of its Internet in case of war and we need to have that here too,” Lieberman told CNN’s Candy Crowley.
While media and public attention is overwhelmingly focused on the BP oil spill, the establishment is quietly preparing the framework that will allow Obama, or indeed any President who follows him, to bring down a technological iron curtain that will give the government a foot in the door on seizing complete control over the Internet.
“The Net interprets censorship as damage and routes around it.” – John Gilmore
The only way to stop the net is to shut down all telecomms. The following Nations have tried to shutdown, firewall or otherwise keep information they don’t want from coming in via the net: Iran, KSA, China, Syria. If you have a cellphone system you have a viable network for the net. There is no ‘off’ switch for it, save a massive solar flare that fries all electronics on the planet plus everything in orbit.
It is absolutely frightening that anyone, in the modern era, thinks that there can BE a ‘kill switch’ for the net and demonstrates a lack of technical sophistication that is mind-boggling.
And for all the people that Iran kills it STILL cannot keep things in check. Remember, a Nation with a zealous, committed secret police able to torture and kill as they want can’t stop their own people from communicating freely not only to each other but with the rest of the world.
Now picture the US federal government trying to do that to a population that is armed.
So much for sophisticated elite politicians. You will get unrest over taxation. You will get a revolution by threatining facebook, twitter, youtube and myspace… not to speak of MTV and all other television that offers embedded data streams.
Not just wrong, not just dumb but stupid to boot. About sums it up for the elite.
AJ: technologically, yes, it would be a bitch-kitty to try to pull off; that said, the more frightening aspect of it is the WANT to do it in “emergency situations.” And just WHO “declares” this “emergency”? That would be Mr Obama, or another president. THAT is power I am NOT willing to cede over to government if, perchance, they happen to dislike what I write HERE and on YOUR blog and other blogs.
THAT is my concern.
BZ
P.S., AJ: I very MUCH like that quote.
BZ
YESSSS!!!! 🙂 One more small step forward for us, one more defeat for the Brady bunch! And I’m getting more and more concerned with the continuing right to free speech…
Mr. Z – It is a wonderful quote, and it is one that sticks with anyone knowing the nature of TCP/IP routing. It actually wasn’t designed to withstand a nuclear war, but as a way for different computer systems to communicate with each other on a neutral network, and that network routes data through the fastest route possible. Works great for mixed mode systems as it started out to do just that.
And it is horrific that anyone in government can think that this is either desirable or achievable.
“No dictator, no invader, can hold an imprisoned population by force of arms forever. There is no greater power in the universe than the need for freedom. Against that power, governments and tyrants and armies cannot stand. The Centauri learned this lesson once. We will teach it to them again. Though it take a thousand years, we will be free.” – JMS speaking through one of his characters in Babylon 5 (Source).
That goes for here, on Earth, as well with more terrestrial tyrants.
I have another concern-
If we continue down this path, folks like me will begin to ignore “The Law”. And we all know where that will lead.
(Is that another of Bozama’s goals?)
Greybeard: and you reminded me, sir — if you wish to read an EXCELLENT tome, very small, easy to read in one sitting but a MARVELOUS and FOUNDATIONAL document, please read “THE LAW” by Frederic Bastiat!
BZ
That road that leads to so many regulations that you are, by default, breaking the law in nearly anything you do leads to man becoming homo criminalis. This is the fallout of a fantasy ideology that actually believes that the law can change human nature for the better… and it leads to no good ends at all.