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2006's Bill of Wrongs

Jamie continued the never ending flow of year-end recap stories, this one is the Bill of Wrongs which lists the 10 most outrageous civil liberties violations of the year, according to Slate. Several of these aren't news to Slashdot readers, but it's still worth a read.

25 of 605 comments (clear)

  1. What about bans? by Blakey+Rat · · Score: 4, Insightful

    Banning trans-fats in New York, banning smoking in Seattle. This has been the year of banning activities in the name of public health. Talk about violating civil liberties! (And, natch, in every single case the ACLU was behind it 100%.)

    1. Re:What about bans? by Guppy06 · · Score: 4, Insightful

      "Banning trans-fats in New York, banning smoking in Seattle."

      Considering how many of the people in the states of New York and Washinton have their health care paid for by the state, typically the elderly and infirm who are receiving expensive treatments for the effects of trans-fats and smoking, these bans seem to be a justified cost-saving measure to me.

      It's like state seatbelt and motorcycle helmet laws; it's not the state saying "These things are good for you" so much as "Ambulance rides are expensive and our emergency rooms are full."

    2. Re:What about bans? by fotbr · · Score: 4, Insightful

      Neither of those are constitutionally protected rights, which is what TFA is about.

    3. Re:What about bans? by Phantom+of+the+Opera · · Score: 5, Insightful
      (And, natch, in every single case the ACLU was behind it 100%.)


      Is that a troll or do you actually have a reference to show that the ACLU was actively supporting such bans?
      Would you be against a ban of mercury in food as a seasoning?
    4. Re:What about bans? by jav1231 · · Score: 4, Insightful

      First of all, the article takes a lot for granted that I personally do not. Basically, it rips the taglines from the media and comments on them as fact. The U.S. media hardly exposes the facts, at least not all of them.
      As for "these bans seem to be a justified cost-saving measure to me"...
      Now that is a liberal. Bitch at the Republicans accusing them of "trading liberty for security" but if it saves money, why not!?

    5. Re:What about bans? by Guppy06 · · Score: 5, Insightful

      "Now that is a liberal. Bitch at the Republicans accusing them of "trading liberty for security" but if it saves money, why not!?"

      If the state is to be exptected to pay for a steady stream of oxygen tanks, heart stints and bypasses and the like, then the state is justified in reducing the costs to the taxpayers by reducing their frequency.

      I would also be more than willing to accept a designation on your driver's license, similar to the markings for organ donors, that marks you as a (e. g.) smoker, thereby exempting you from both state-funded medical care or from the responsibility of any group healthcare programs you may be a part of, requiring you to pay for everything out-of-pocket as well as lowering your priority in gaining access to treatment for your self-inflicted ailments. But the hue and cry against such a measure from indignant smokers (et al) would keep it from ever being enacted.

      I don't particularly mind people doing stupid things that kill them where they stand (unless the local morgue is particularly overtaxed), but in the case of activities that place an undue burden on public health resoures, resoures that must be shared between all citizens of the state, then the rest of the people have the right to take action, in their own self-interest, to prevent that burden. Whether they treat the demand side of the problem (by segregating off abusers into their own "separate but equal" healthcare system) or the supply side (by banning the materials in question) is up to them, but one way or the other, your right to smoke ends where it effects the livlihood of others.

    6. Re:What about bans? by timeOday · · Score: 4, Insightful
      Considering how many of the people in the states of New York and Washinton have their health care paid for by the state, typically the elderly and infirm who are receiving expensive treatments for the effects of trans-fats and smoking, these bans seem to be a justified cost-saving measure to me.
      That's a horrible argument because it can be used to ban absolutely anything. Every thing you do has an effect on other people. Freedom is nothing more or less than the willingness to tolerate some level of imposition by other people in return for them doing the same for you.
    7. Re:What about bans? by aztracker1 · · Score: 4, Insightful

      Then by your own argument... Terrorists flying planes into big buildings costs the tax-payers a lot of money, ergo it is okay to do whatever is necessary to reduce terrorism... Same argument..

      Personally, I am more for a vastly smaller government, and that they stay the hell out of people's private lives... I'm also against the current system of socialized medicine.. how about a government sponsored non-profit insurance company... or even one that isn't govt sponsored? Reduce the tax burden on people to something below the 50% or so most people pay now (between income, fica, utility, and taxes on goods at more local level that's a lot of f-ing tax burden), then people could actually *pay* for their health care... also, if people were directly responsible for health care, they'd be more likely to shop around, instead of bowing to whatever the local hospital wants to charge...

      I live in a more rural community, and the local hospital charges more than 2x what a hospital in phoenix charges in most cases... this is with an overhead that is actually *lower*... Also, if the federal (and state) government wasn't so wasteful to begin with, it wouldn't matter so much. As for smoking affecting others, do like GB, and put smokers at the bottom of any list for aid when it comes to smoking-related illness (at least as far as govt sponsored health issues) .... Also, many retired/older smokers were "hooked" during their involvement with the US Army in wars last century... the Army issued cigarettes with their rations, and encouraged smoking as a way to help cope, claiming it was a safe thing to do... we (as a nation) have a responsibility to these people.

      --
      Michael J. Ryan - tracker1.info
    8. Re:What about bans? by KillerDeathRobot · · Score: 3, Insightful

      I'm yet to be convinced that second-hand smoke harms anybody, except perhaps workers at restaurants and bars who *choose* to work there despite the smoke, in which case I don't think the government should swoop in and "save" them from themselves.

      Oh right, I forgot that everyone always has the choice to have a different job than they currently have. No one ever gets stuck, unable to find a better job and unable to quit and live with no job.

      --
      Thinkin' Lincoln - a web comic of presidential proportions
    9. Re:What about bans? by WhatAmIDoingHere · · Score: 4, Insightful

      If my license got a stamp that said I was a smoker and couldn't take part in any state funded healthcare... If it meant I didn't have to pay for anyone else to get it either? I'd start smoking.

      Get rid of the state sponsored crap, let people choose their own insurance providers, let people deal with the consequences of their choices, and let people live their own lives.

      --
      Not a Twitter sockpuppet... but I wish I was.
    10. Re:What about bans? by Anonymous Coward · · Score: 3, Insightful
      Groveman was extremely proud that he had the full support of the ACLU for his civil-liberties-smashing ordinance. If the ACLU was for the most draconian anti-smoking law in the US, it stands to reason they were also for the Seattle and New York bans.
      Mr. Groveman points out that if you go to the American Civil Liberties Union, you will find that they dont oppose actions like this, because they know that civil liberties do not extend to actions that hurt other people.

      Emphasis added. Your own link undercuts your claim that the ACLU supports draconian bans on private actions in one's own house.

      Also, a google on "seattle smoking ban" and "ACLU" shows that the ACLU is fighting the ban, not supporting it as you claimed. Get your facts straight.

      You have also failed to state a case that the New York ban on hydrogenated oils in restaurants is a civil liberties issue. You have furthermore failed to state a case that this ban is a greater violation of civil liberties than kidnapping people and torturing them, listening in on other peoples' private telephone calls without a warrant, or trying to undermine the justice system itself. That was your original argument.

      So far you have done nothing but draw extreme conclusions without sufficient or accurate information, lie when pressed to support your conclusions, and irrationally condemn the ACLU for things they have not done.

      Final grade in logic: F. You are either trolling or stupid. I suspect stupid.

    11. Re:What about bans? by sporkme · · Score: 3, Insightful

      Fine by me. Prices would drop pretty quickly as competition was reintroduced to the market.

    12. Re:What about bans? by bmac83 · · Score: 4, Insightful

      Reductio ad absurdum. The GP was speaking about removing the government from a mainstream market that is already filled by the private sector. You are speaking of a government service I cannot "purchase" from Blue Cross and Blue Shield.

      In my opinion, the CDC is the perfect example of where the government should get involved. And, I would suspect that people opposed to direct government competition with the private sector would mostly agree.

  2. My responses to the Slate article. by The+Living+Fractal · · Score: 3, Insightful
    From the top down.

    10. Attempt to Get Death Penalty for Zacarias Moussaoui
    Long after it was clear the hapless Frenchman was neither the "20th hijacker" nor a key plotter in the attacks of 9/11, the government pressed to execute him as a "conspirator" in those attacks. Moussaoui's alleged participation? By failing to confess to what he may have known about the plot, which may have led the government to disrupt it, Moussaoui directly caused the deaths of thousands of people. This massive overreading of the federal conspiracy laws would be laughable were the stakes not so high. Thankfully, a jury rejected the notion that Moussaoui could be executed for the crime of merely wishing there had been a real connection between himself and 9/11.

    Yes, "the government" tried to execute someone. Everyone in the entire government was in on it. They all wanted to slay him mercilessly. But wait.. The jury decided against it. Hrmm. And the jury is technically part of "the government". Remember, the three parts of the US government? Yeah, one of them being judicial? Apparently "the government" decided not to execute him after all. Because once you are selected for a jury you are in the government, being paid by the government, performing a government role. So, let's get a little more specific, shall we Slate? It wasn't "The Government" that tried to execute him. It was overzealous prosecutors riding a power-trip straight to hell.

    9. Guantanamo Bay
    It takes a licking but it keeps on ticking. After the Supreme Court struck down the military tribunals planned to try hundreds of detainees moldering on the base, and after the president agreed that it might be a good idea to close it down, the worst public relations fiasco since the Japanese internment camps lives on. Prisoners once deemed "among the most dangerous, best-trained, vicious killers on the face of the earth" are either quietly released (and usually set free) or still awaiting trial. The lucky 75 to be tried there will be cheered to hear that the Pentagon has just unveiled plans to build a $125 million legal complex for the hearings. The government has now officially put more thought into the design of Guantanamo's court bathrooms than the charges against its prisoners.

    Way to misrepresent the facts. The prisoners were deemed potentially to be the so-called vicious killers. Given the attacks on the USA, can you really expect us not to be at least a little sensitive to the possibility? So we found out many of them weren't. That is why we released them. And, what do you expect, we should yell at the top of our lungs that they were innocent? Nobody really cares. The USA is out for blood after 9/11. If we find people to be innocent we release them. There's really no reason to go out of our way to release them any way *but* quietly.

    8. Slagging the Media
    Whether the Bush administration is reclassifying previously declassified documents, sidestepping the FOIA, threatening journalists for leaks on dubious legal grounds, or, most recently, using its subpoena power to try to wring secret documents from the ACLU, the administration has continued its "secrets at any price" campaign. Is this a constitutional crisis? Probably not. Annoying as hell? Definitely.

    This point at least has some reasonable balance to it. There's no doubt the Bush administration is having serious trouble with their information intelligence. Whether their motives are pure or not we cannot say. Do you have proof they are injuring civil liberties out of mere selfish political drive? I don't see it anywhere if you do.

    7. Slagging the Courts
    It starts with the president's complaints about "activist judges," and evolves to Congressional threats to appoint an inspector general to oversee federal judges. As public distrust of the bench is fueled, the stripping of courts' authority to hear whole classes of cases--most rec

    --
    I do not respond to cowards. Especially anonymous ones.
  3. Re:I love #2 by 0rbit4l · · Score: 4, Insightful

    Apparently the point of our civil liberties is to protect everyone on earth, including the terrorists, huh?

    The stance that the liberties asserted in the US Constitution and Bill of Rights somehow only apply to citizens is flatly at-odds with those documents. Nowhere does it say anything to the effect of "for US Citizens only". Furthermore, these documents go so far as to say that our rights are inherent, by virtue of us being human - not because some government authority (US or otherwise) grants us those rights. Try going back to Civics class, and leave your xenophobia at the door this time.

  4. How did the song go? by passthecrackpipe · · Score: 4, Insightful

    I for one, am happy to be a European right now - although the Blair Government is currently contemplating putting people predispositioned to crime in jail before they actually commit a crime. Nice....
    Anyway, some people in Washington may need a reminder of what they claim the USA is about:

    O say, can you see, by the dawn's early light,
    What so proudly we hailed at the twilight's last gleaming,
    Whose broad stripes and bright stars, through the perilous fight,
    O'er the ramparts we watched, were so gallantly streaming?
    And the rockets' red glare, the bombs bursting in air,
    Gave proof through the night that our flag was still there;
    O say, does that star-spangled banner yet wave
    O'er the land of the free and the home of the brave?


    On the shore, dimly seen thro' the mist of the deep,
    Where the foe's haughty host in dread silence reposes,
    What is that which the breeze, o'er the towering steep,
    As it fitfully blows, half conceals, half discloses?
    Now it catches the gleam of the morning's first beam,
    In full glory reflected, now shines on the stream
    'Tis the star-spangled banner. Oh! long may it wave
    O'er the land of the free and the home of the brave!


    And where is that band who so vauntingly swore
    That the havoc of war and the battle's confusion
    A home and a country should leave us no more?
    Their blood has washed out their foul footstep's pollution.
    No refuge could save the hireling and slave
    From the terror of flight, or the gloom of the grave,
    And the star-spangled banner in triumph doth wave
    O'er the land of the free and the home of the brave.


    Oh! thus be it ever, when freemen shall stand
    Between their loved homes and the war's desolation,
    Blest with vict'ry and peace, may the Heav'n-rescued land
    Praise the Pow'r that hath made and preserved us a nation!
    Then conquer we must, when our cause it is just,
    And this be our motto--"In God is our trust."
    And the star-spangled banner in triumph shall wave
    O'er the land of the free and the home of the brave.

    --
    People who think they know everything are a great annoyance to those of us who do.
  5. Re:I love #2 by potat0man · · Score: 5, Insightful

    let me fix this:

    Apparently the point of our civil liberties is to protect everyone on earth, including the alleged terrorists, huh?

    Yes.

  6. Re:I love #2 by Anonymous Coward · · Score: 5, Insightful

    "Apparently the point of our civil liberties is to protect everyone on earth, including the terrorists, huh?"

    Actually, yes, that is the point, and the fact that so many Americans don't understand this is precisely why they will eventually have no civil liberties at all. Because the moment you decide that it's "some men are created equal" rather than "all men are created equal," the only thing left is to decide who the privileged "some" will be... and history tells us that it will always end up being the richest and most powerful, who invariably get that way by being the most despotic.

    Human rights for one requires the value of human rights for all. Otherwise, all rights are just granted by whatever dictator happens to be in charge at the moment.

  7. Cry me a river by benhocking · · Score: 3, Insightful

    How in the world does your "civil liberty" to eat trans-fats or stick a cancer stick in your puss compare with being tortured or having habeas corpus revoked? If this ranks as one of the more serious problems you have with the ACLU, then they must be a remarkable group.

    I'm sorry, I just don't see these as civil liberty issues. Of course, there are things the ACLU fights for that I also think don't qualify, but still, to claim silence on such petty issues is the same as support, is like saying that you obviously supported Kenneth Kaunda since you never spoke against him.

    --
    Ben Hocking
    Need a professional organizer?
  8. Re:Missing from the list... by Hogwash+McFly · · Score: 4, Insightful

    What a stupid fucking argument. Who said said that such violations happen only in the USA? Nobody did. Saying 'XYZ is worse than us' when the article is about the US means jack shit. The fact that you're somehow proud that you're beating North Korea for human rights is very telling. You should compare yourself to the best, not the worst, if you want to prove your excellence.

    If you were a true patriot you'd be looking for ways to improve your country, not waving the flag and shouting 'BUT WE'RE STILL BEATING CUBA, YEEEEAHHHH!'

    --
    Mother, do you think they'll like this sig?
  9. Smoking bans: reducing freedom, or increasing it? by Anonymous+Brave+Guy · · Score: 5, Insightful

    In my country, the majority of people do not smoke. Smoking is known to cause many health problems, and we've long since debunked the myth that passive smoking is harmless. So is banning smoking in a public place -- something that directly prevents harm to the health of the majority, at the expense of some convenience for the minority -- really an infringement of freedom?

    Hint #1: Will my non-smoking, asthma-suffering friend who will finally be able to go to a bar in the evening have her freedom restricted?

    Hint #2: Will a family member who gave up smoking years ago and no longer has to suffer the smoky atmosphere he wanted to leave behind every time he goes out for a drink have his freedom restricted?

    Hint #3: Will the many non-smokers who will now be able to take work in the hospitality trade without risking their own health to do it have their freedom restricted?

    There are lots of rights and freedoms, and by default we should defend them all for everyone. But sometimes they come into conflict. Sometimes resolving that conflict is difficult, particularly when it involves an important principle (such as a right to privacy) clashing with a very practical need (such as the right to travel safely, even if it means your fellow passengers have to be searched/background checked/whatever).

    But sometimes, the decision is very easy for most people. Should the freedom of movement of a tried and convicted murderer outweigh the right of his neighbours not to be killed, or should we throw him in prison until he's no longer a danger to others? I believe the decision in that case would be near unanimous anywhere.

    There are no right answers on these ethical issues, no black and white, always shades of grey. But you're wrong that the argument can be used to ban anything, at least if you mean used effectively. Some things are worth spending money on, even though it means compelling everyone to contribute. If a strong majority really did not agree with this (rather than just whinging about paying taxes, while at the same time being happy to use facilities funded through taxation) then chances are that we would long since have reverted to a completely private, insurance-based, very multi-class society.

    For an argument about cost-saving to be effective, there has to be a clear moral case that the consequences are justified. In the case of smokers, as long as they were genuinely aware of the consequences and capable of making a reasoned decision independently, I don't see that there's much moral argument for putting their interests ahead of others who are given no choice about the smoker's actions, yet who suffer in health and potentially financial terms as a consequence.

    If you want a more difficult argument with smokers, try the case of an older person, who smoked in their youth before the dangers were fully understood, but who has long since given up and who now gets lung cancer. But for current smokers, it seems to me that banning them from doing so (at least when non-smokers are nearby) can be easily justified in health grounds, and the financial argument is compelling (given that the public money you aren't spending treating smokers can then be spent on helping others who may not have had any choice about their misfortune).

    (Footnote: The financial argument here assumes, of course, that the net cost of smoking to the health service is positive. This may or may not be a valid assumption, given that smokers tend to die younger and therefore not need increasing amounts of more expensive treatment in their old age. I've seen good arguments, backed by real statistics, on both sides of this argument. I'm not going to get into it again here, since my point is that the financial argument cannot be used automatically to justify arbitrary bans as the parent claimed, and smoking merely serves as a convenient example for discussion.)

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  10. Re:Smoking bans: reducing freedom, or increasing i by Anonymous+Brave+Guy · · Score: 4, Insightful

    You took away their ability to exercise a legal habit so that some other group could go to bars and feel comfortable - people don't have the right to be comfortable.

    Which is exactly what smokers have been doing to non-smokers for years. The only differences are that (a) passive smoking doesn't just make non-smokers uncomfortable, it actually damages their health, and (b) there are a hell of a lot more people who don't want smoking venues than do. By your own argument, banning smoking is exactly what we should do.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  11. Re:No fair. Wrong on many levels. by ahodgson · · Score: 4, Insightful

    The reason that the Republicans don't turn on him publicly is that they have some semblance of respect for the office of the presidency

    Yeah, I took note of that respect during the Clinton years. Good job.

  12. Re:CDC by zCyl · · Score: 3, Insightful
    Many of the others I'd rather see vanish off the federal registry, two of those being the FCC and the FDA!

    Can you imagine for a second the crap that would be put in our food and mislabeled or deceptively labeled? It's already pretty bad WITH the FDA stopping much of it, and without them, it would be a field day of cost-cutting at the expense of the health and safety of the consumer.

    Don't think for a second that your freedom of choice will protect you, because your freedom of choice doesn't mean anything if there is no agency enforcing the availability of accurate and detailed information so you can make an informed choice.
  13. Re:well said by misanthrope101 · · Score: 4, Insightful
    Yes, but the post I responded to specified "a murder he didn't commit." People have been cleared of their crimes while on death row, but the only groups pushing to clear these old cases are basically left-wing. There aren't any right-wing organizations I know of that even address the issue of innocents being sent to death row.

    And it's easy to get bogged down on defining when a fertilized ovum becomes a person. What I find interesting is that the closer you look at the right-to-life movement, you start seeing trends. People in this movement are the same ones giving alarmist, erroneous "information" that condoms don't protect against disease, and so on. The abortion thing is the biggest item, but it is still one item on a continuum, and the continuum is their agenda. They oppose sex-ed, condom availability, and so on. They don't mix messages, and you won't see this in an anti-abortion spot, but if you look at both movements you see that they are the same movement.

    They want a world where sex outside of marriage is outright dangerous because they think that "sin" is dangerous and should have consequences. This is why right-wing groups (not all of them, to be fair) object to the Day After pill and the HPV vaccine--they want "Jezebels" to pay for their sins, so other women won't be Jezebels. They don't want a world where women can have casual sex with no consequences. The abortion crusade is only the most marketable element of this larger agenda.