If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
Be sure to enter the NES/MFS June Giveaway ***Keltec SUB2000***
I read the article but I guess I'm a little thick. Can someone put this in layman's terms for me.
Our own Derek was served a takedown notice by the state of California
--Edit: I should preface the following with the standard "IANAL," which is to say, the below is MY laypersons' understanding:
California has a law that makes illegal the publishing of personal information of the protected (elected) class of citizens, while mere plebes may be published at will. This includes home addresses, names, phone numbers, etc...
If my rememberies are correct, there was JUST an instance of a California Sheriffs office providing all this information to the media for concealed carriers in his county, but court officers, judges, and other members of the Elite remain protected.
Two issues, last first because Derek is near and dear to our community:
Whether a State can force a citizen to censor his speech or otherwise limit free speech. This gets in to Article 10 territory and the sovereignty of individual states... Our own Derek was served a takedown notice by the state of California, in their effort to cease debate about their (illegal, immoral, and in violation of equal protection) "special people shall not be exposed in their tyranny" law.
Derek challenged the interstate enforcement of a California law, as applied to a Massachusetts citizen, and won.
The bigger challenge was whether the law itself is constitutional, even if applied to residents of California, and it appears that the law itself is judged unconstitutional.
I think that sums it up!
Um, Derek is a free man and not a subject of Commiechusetts! He escaped North a long time ago . . . more power to him.
. . . and Massachusetts has NO citizens . . . we are all merely "subjects" here!
Not quite accurate - he won a preliminary injunction barring enforcement until the case is tried and a decision rendered.Derek challenged the interstate enforcement of a California law, as applied to a Massachusetts citizen, and won.
Volokh Conspiracy's take: Restriction on publishing officials’ home addresses blocked on First Amendment grounds
Fairly long for Volokh, but worth the read and certainly shorter and more concise than the decision.