Quotulatiousness

May 25, 2012

Ottawa assault and robbery victim spent 75 days behind bars after 911 call

Filed under: Cancon, Law — Tags: , , — Nicholas @ 08:57

The Ottawa police have promised an investigation into this weird miscarriage of justice:

Ottawa police are investigating how an elderly victim of a vicious attack in his home ended up spending 75 days in jail after calling 911 for help.

Marian Andrzejewski, 74, called 911 after two men broke into his Ottawa apartment in October 2010, robbed him and punched him repeatedly.

But instead of getting help, Andrzejewski was scolded by the dispatcher when he struggled to communicate in broken English and ended up in handcuffs himself when police finally arrived.

H/T to Mike Brock for the link.

“SWATting”

Filed under: Law, Media, Politics, USA — Tags: , , , — Nicholas @ 08:34

This is a rather disturbing development:

At 12:35 a.m. on July 1, 2011, sheriff’s deputies pounded on my front door and rang my doorbell. They shouted for me to open the door and come out with my hands up.

When I opened the door, deputies pointed guns at me and ordered me to put my hands in the air. I had a cell phone in my hand. Fortunately, they did not mistake it for a gun.

They ordered me to turn around and put my hands behind my back. They handcuffed me. They shouted questions at me: IS THERE ANYONE ELSE IN THE HOUSE? and WHERE ARE THEY? and ARE THEY ALIVE?

I told them: Yes, my wife and my children are in the house. They’re upstairs in their bedrooms, sleeping. Of course they’re alive.

Deputies led me down the street to a patrol car parked about 2-3 houses away. At least one neighbor was watching out of her window as I was placed, handcuffed, in the back of the patrol car. I saw numerous patrol cars on my quiet street. There was a police helicopter flying overhead, shining a spotlight down on us as I walked towards the patrol car. Several neighbors later told us the helicopter woke them up. I saw a fire engine and an ambulance. A neighbor later told me they had a HazMat vehicle out on the street as well.

Meanwhile, police rushed into my home. They woke up my wife, led her downstairs and to the front porch, frisked her, and asked her where the children were. Then police ordered her to stand on the front porch with her hands against the wall while they entered my children’s bedrooms to make sure they were alive.

The call that sent deputies to my home was a hoax. Someone had pretended to be me. They called the police to say I had shot my wife. The sheriff’s deputies who arrived at my front door believed they were about to confront an armed man who had just shot his wife. I don’t blame the police for any of their actions. But I blame the person who made the call.

Because I could have been killed.

A “prank” phonecall that could easily have gotten the victim killed. Difficult to describe that as a mere “prank”. Bordering on terrorism, if not over the line.

It actually happened. The phenomenon is called “SWATting,” because it can bring a SWAT team to your front door. SWATting is a particularly dangerous hoax in which a caller, generally a computer hacker, calls a police department to report a shooting at the home of his enemy. The caller will place this call to the police department’s business line, using Skype or a similar service, and hiding behind Internet proxies to make the call impossible to trace. Anxious police, believing they are responding to the home of an armed and dangerous man, show up at the front door pointing guns and screaming orders.

That is exactly what happened to me. It is a very dangerous hoax that could get the target killed.

May 24, 2012

Losing big to (potentially) win small

Filed under: Law, Technology — Tags: , , , , — Nicholas @ 07:50

ESR on what might be the “beginning of the end” for patent warfare:

It’s all over the net today. As I repeatedly predicted, the patent claims in the Oracle-vs.-Java lawsuit over Android have completely fizzled. Oracle’s only shred of hope at this point is that Judge Alsup will rule that APIs can be copyrighted, and given the extent of cluefulness Alsup has displayed (he mentioned in court having done some programming himself) this seems rather unlikely.

Copyright damages, if any, will almost certainly be limited to statutory levels. There is no longer a plausible scenario in which Oracle gets a slice of Android’s profits or an injunction against Android devices shipping.

This makes Oracle’s lawsuit a spectacular failure. The $300,000 they might get for statutory damages is nothing compared to the huge amounts of money they’ve sunk into this trial, and they’re not even likely to get that. In effect, Oracle has burned up millions of dollars in lawyers’ fees to look like a laughingstock.

Of course, even if this is the beginning of the end, there will be lots of lawyers encouraging their clients to go down this route, as even if it’s not successful, it can be a very lucrative journey for the lawyers.

Giving up Canadian sovereignty: RCMP “to ease Canadians into the idea”

Filed under: Cancon, Law, Liberty, USA — Tags: , , , — Nicholas @ 00:01

Under proposed new rules, US law enforcement could pursue suspects across the Canadian border and exercise police powers on Canadian soil:

According to an article in Embassy Magazine, the Harper government is moving forward on several initiatives that could give U.S. FBI and DEA agents the ability to pursue suspects across the land border and into Canada.

But, according to a RCMP officer, they’re doing it in “baby steps.”

“We recognized early that this approach would raise concerns about sovereignty, of privacy, and civil liberties of Canadians,” RCMP Chief Superintendent Joe Oliver, the Mounties’ director general for border integrity, told the Senate Committee on National Security and Defence on May 14.

“We said ‘Let’s take baby steps, let’s start with two agencies to test the concept, let’s demonstrate to Canadians and Americans that such an approach might work.”

Apparently the problem of suspected criminals fleeing into Canada has become so frequent that Stephen Harper has been persuaded to allow US officials to ignore the international boundary while in pursuit. Or perhaps it’ll only be used in “hot pursuit”. Or — rather more likely — any time a US official decides to exercise the rule. Oh, and the article also mentions that aerial surveillance of Canadian territory is also on the table. One has to assume that drone strikes will soon follow.

May 23, 2012

Chris Selley on the disproportional sentences handed out by the “court of public opinion”

Filed under: Law, Media, Technology — Tags: , , , , — Nicholas @ 09:59

People can be idiots. Some of them are idiots all the time. Others are only idiots every now and again. When the idiotic events happen to co-incide with fluctuating public opinion, the sentence for public idiocy can often vastly exceed the impact of the original idiotic action:

It has been a tough week for notorious, misbehaving young people — well, outside of Quebec anyway. On Monday in a New Jersey courtroom, Dharun Ravi was sentenced to 30 days in jail for having briefly spied, twice, via webcam, on his Rutgers University roommate’s romantic encounters. He was 18 at the time. And on Tuesday, Swansea University, in South Wales, made it clear that 21-year-old Liam Stacey is forever unwelcome on its campus, where he was nearly done studying biology. Mr. Stacey just served half of a 56-day jail sentence for publishing some flamboyantly racist tweets. “Go suck a ni–er d-ck you f–king aids ridden c–t,” one read.

Both individuals are unredeemed pariahs. Yet on either side of the Atlantic, and across the political spectrum, their cases have sparked an interesting debate over whether criminal justice was the proper means through which to express polite society’s revulsion at their actions. I think it was not, for the simple reason that the charges bore little relationship to the true nature of the outrage.

[. . .]

The context of Mr. Stacey’s crimes is less tragic. On March 17, before a television audience of millions, Premier League soccer player Fabrice Muamba collapsed of a heart attack. (He has since made a remarkable recovery.) In response, an admittedly soused Mr. Stacey Tweeted the following: “LOL. F–k Muamba he’s dead!!! #Haha.” That astoundingly insensitive missive was what elicited society’s outrage; it is still quoted at least 100 times in the media for every mention of the torrent of racist abuse that followed, when fellow tweeters complained.

Twitter is not, generally speaking, a racism-free zone; earlier in this year’s NHL playoffs, it hosted some jaw-dropping invective against Washington Capitals forward Joel Ward. And British white trash can match or exceed anything their North American counterparts are capable of. So here it is even clearer: Mr. Stacey’s problem wasn’t “inciting racial hatred,” the charge of which he was convicted, but doing it at the wrong time and getting noticed.

In the end, while two months was a remarkably harsh sentence for mere words, it’s hard to feel sorry for Mr. Stacey. One can argue for unfettered free speech, and equal application of the law, without defending this particular oik.

May 21, 2012

Obama’s drug warrior stance would have destroyed the life of a young Obama if he’d been caught

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 11:07

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard f*cking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-a** college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in f*cking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Partial transcript from the Huffington Post.

May 20, 2012

Self-serving demands for “more diversity” in judges

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 10:26

Karen Selick demolishes the case for mandatory diversity in appointing judges:

Even if the composition of the bench mirrored precisely the general population, this would still not address the complaint voiced by one former judge — himself a Sikh — that minority members feel “less understood or valued” by judges who aren’t of their own minority group. If nobody can understand or value anybody else unless they are members of the same minority group, we would have to take the additional step of matching judges to the personal characteristics of defendants or litigants. Whites would have to be judged by whites, blacks by blacks, aboriginals by aboriginals, and so on. In short, we’d need complete apartheid in our judicial system — hardly a formula for societal harmony.

Besides, litigants don’t come packaged in neat compartments. What if a gay, black, francophone, atheist male sued a straight, white, disabled, anglophone, Catholic female? It would clearly be impossible to find a judge whose personal characteristics matched both litigants. Would we need to appoint a panel of eight to ensure that all bases were covered?

The idea that people are incapable of empathy, understanding or compassion toward others different from themselves is manifestly false. We cry at movies precisely because we are able to empathize with the characters onscreen, even though we ourselves have never experienced the same trials, tribulations or skin colour. If white Canadians were genuinely indifferent or hostile toward the plight of different peoples, Canada would never have adopted a clause in its Charter of Rights and Freedoms outlawing discrimination and promoting affirmative action; it would not have enacted anti-discrimination laws in every province; and The Globe and Mail would not be clamouring for more minority judges.

May 18, 2012

Reputations take years to create, but can be destroyed overnight as Toronto Police have discovered

Filed under: Cancon, Law, Liberty, Media — Tags: , , , , , , — Nicholas @ 11:09

Chris Selley on how the Toronto G20 protest and the still amazingly bad police response has contributed to the decline in public support for all police organizations:

On July 6, 2010, 10 days after the disastrous G20 summit, Toronto’s City Council voted to “commend the outstanding work of [police] chief Bill Blair, the Toronto Police Service and the police officers working during the G20 Summit in Toronto,” and thank them for a “job well done.” The vote was 36-0. The yeas included then-Mayor David Miller and many other left-wing luminaries. At this point in the G20 post-mortem, this seems a bit hard to believe.

We know much more now about how poorly the security operation was planned and executed: This week’s report from Gerry McNeilly, director of Ontario’s Office of the Independent Police Review, lays it out in painstaking detail. But what we knew 10 days later was bad enough: Thugs had wreaked havoc at will; 400 borderline-hypothermic people were held for hours in the pouring rain for no good reason; police cars were burned; journalists were roughed up and arrested; untold numbers of people were randomly and improperly searched and arrested.

Yet no one on a decidedly left-leaning Council saw fit to vote against the absurd “job well done” commendation (though then-councillor Rob Ford, now Mayor, did complain that the police had been too nice). One has to wonder how much longer politicians’ traditional lockstep support for police is going to last last.

[. . .]

People still call the police in hope of honest and brave assistance, and they almost always get it. But in late March, Angus-Reid asked Canadians how much “confidence [they] have in the internal operations and leadership” of their police forces. A minority of 38% had “complete” or “a lot of” confidence in the RCMP. The number for municipal police forces, taken together, was 39%. That’s about half of what it was in the mid-1990s. The respective numbers in B.C. are below 30%.

If that’s not a credibility crisis, I don’t know what is. Politicians are generally not in the habit of blindly supporting entities with those kinds of approval ratings, and police ought to be worried about that for all kinds of reasons. One of the obvious keys to fixing the problem is, simply, accountability. And it is nowhere to be found — not from the officers who witnessed fellow officers’ misdeeds, not from the commanders, not from Chief Blair, and not from the federal politicians who foisted this debacle on an unprepared and unsuitable city.

At the bottom of this post you can find a litany of complaints about the police handling of the Toronto G20 protests.

Conservative arguments for legalization of marijuana

Filed under: Cancon, Economics, Law, Liberty — Tags: , , , — Nicholas @ 00:02

Frances Woolley at the Worthwhile Canadian Initiative blog:

Milton Friedman — Nobel Laureate in Economics and adviser to Ronald Reagan — supported legalizing and taxing marijuana. Stephen Easton’s classic paper advocating marijuana legalization was published by the Fraser Institute. Why do so many right-leaning economists favour marijuana legalization?

Conservative economists typically believe that a person is a best judge of what is in his or her own interests. From this premise it follows that the government should not try to constrain or influence people’s behaviour. Yes, marijuana use has well-documented negative side effects, from memory loss to male breast growth. Yet if fully informed individuals decide that these personal costs are worth accepting for the benefits that marijuana use brings, the government should respect that choice. As Willie Nelson says “I smoke pot and it is none of the government’s business.”

[. . .]

Another reason for conservatives to favour legalization and taxation of marijuana is that they do not like paying taxes. Criminalization costs. According to a 2005 US study, legalization would save state and local governments $5.3 billion annually in reduced enforcement costs, while the federal government would gain another $2.4 billion federally. Locking up people for possession of a small amount of marijuana is a waste of resources, and good fiscal conservatives deplore waste.Taxing marijuana would be a money-maker: $6.2 billion annually, if marijuana were taxed at rates similar to those on alcohol and tobacco, according to this same 2005 report.Those revenues could be used to reduce deficits, or fund reductions in the taxes paid by conservative economists.

Conservatives have lots of good reasons to favour legalization. The people who should be fighting legalization are the small scale growers: little family-run organic pot farms wouldn’t stand a chance against industrial scale agri-business.

May 15, 2012

The Singularity, ruined by lawyers

Filed under: Humour, Law, Liberty, Media — Tags: , , , , — Nicholas @ 00:26

Credit to Tom Scott. H/T to Michael O’Connor Clarke.

May 14, 2012

The shady back alleys of the wine trade

Filed under: Law, USA — Tags: , — Nicholas @ 10:41

Benjamin Wallace (who wrote the fascinating book The Billionaire’s Vinegar, mentioned here in connection with a lawsuit), has a lengthy article in New York magazine about shady practices in the rare wine business, and the even shadier practitioners:

Among a privileged set, though, Kurniawan’s quirks and résumé gaps were of much less interest than his generosity. After one tasting, Wasserman hailed him for having “poured the sickest lineup of wines I have ever had in one evening” and told him that “the scepter, the crown, the ermine cape is yours.” Meadows, too, became a beneficiary of Kurniawan’s largesse, through which he tasted wines even he had never encountered. Grateful, he took pains to field Kurniawan’s often arcane queries about labeling and capsule nomenclature. “I thought at the time, ‘Jesus Christ, he must take these bottles to bed,’ ” Meadows says. Soon, he was publishing tasting notes based on Kurniawan bottles, lending his blue-chip imprimatur to the young man and his wines. Robert Parker, the world’s most powerful wine critic, also drank them and pronounced Kurniawan “a very sweet and generous man.”

[. . .]

In October 2004, Kurniawan posted on Parker’s website under the header “Last weekend where I tried to kill John Kapon with legendary wines!!” He wrote about an extravagant four-day run in New York in which he and a group of wine lovers had gorged on priceless Bordeaux and Burgundy. Kurniawan had brought with him what seemed an inexhaustible supply of hyperrarities from a “magic cellar” — including two cases of the extremely rare 1945 Romanée-Conti—which he said he’d bought from a collector in Asia for $2 million. Every night, the group would drink from Kurniawan’s stash and then end up at Cru, the Greenwich Village restaurant with a 150,000-bottle wine list, which stayed open as late as 3 a.m. as Kurniawan ordered one expensive bottle after another off the list.

For instance, Kurniawan didn’t mention the five FedEx packages he received from Cru that year, containing the empty bottles from his wild nights at the restaurant. It wasn’t unusual for a customer to take away a memorable bottle after it was spent. But over the course of Cru’s six-year run until it closed in 2010, no other customer ordered as many bottles and then systematically claimed the empties. Kurniawan was building a bottle museum in his garage, he explained to the sommelier.

Though Kurniawan presented himself publicly as a mere wine lover, a buyer and not a seller, by the time he made his splash on the wine boards, he was already consigning at auction. And problems had cropped up. As early as 2003, Internet entrepreneur Eric Greenberg was threatening to sue online auction site Winebid over some “suspect/bad mags,” e-mailing, “My goal is to bury the consignor’s reputation in the wine world.” Soon after, he reported that he had spoken to the consignor, Rudy Kurniawan, and was convinced that he, too, had been duped by whoever sold him the wine.

H/T to Bob Tarantino for the link.

May 10, 2012

Megan McArdle on “eyewitness” accuracy, bullying, and the failures of human memory

Filed under: Law, Liberty, Politics, Science — Tags: , , , , — Nicholas @ 11:34

In a fascinating series of Twitter updates, Megan McArdle discusses the inherent problems we encounter when we depend on eyewitness testimony, especially long after the event. This is a long series of separate entries starting with this one:

It’s heartwarming to see all these journalists and twitterers who never did anything morally wrong in high school.

I mean, most of the high school students I knew were pretty much selfish and immoral herd beasts. But maybe things were different elsewhere.

[Responding to a comment from @jbouie] No, just saying that it’s not really backed up. You and I both know what the quality of eyewitness evidence is when given . . . immediately, and by the time it’s 50 years old and delivered in re a presidential election . . . the Swift Boaters had more . . . eyewitnesses who corroborated that Kerry was “lying”. Wouldn’t exactly be surprised to find that those who remember . . . Romney as ringleader were maybe not planning to vote for Mitt Romney.

I don’t think they’re lying as much as motivated cognition plus memory from 50 years ago is not reliable. Dito swiftboaters.

I don’t even think that’s only explanation; just think I can’t reliably distinguish from “they’re remembering accurately”

Note: I actually watched lots of formerly bullied girls become bullies themselves in girls’ camp when social dynamic of cabin . . . shifted for some reason. In most cases difference between bullied and bullies was group support/encouragement, not . . . some fundamental difference in their character. I never saw a bullied girl turn down the opportunity to bully someone else.

[. . .]

[in response to @pjdoland] I am sure that many of my bullies have forgotten it. I don’t think they’re sociopaths. I think they’re humans who grew up.

All the research on memory shows that it’s incredibly unreliable, and very easy to create factitious memories . . . that seem perfectly real. The odds that either Kerry or the Swift Boat vets accurately recalled what happened are zero.

And people who come out of the woodwork decades later with memories that impeach a presidential candidate are almost . . . certainly, either individually or as a group, altering those memories in ways that help the candidate they like.

. . . or they are embellishing memories. Seriously, this is a huge problem with eyewitness testimony, particularly in old trials.

If you tell people what happened, they will report it as if they recall it–they will in fact recall it.

A personal example: my mother was in hospital for an undiagnosed abdominal ailment that turned out to be appendicitis.

I spent the worst 13 hours of my life in the ER with her and would have sworn that it was seared—seared!–into my memory.

But as it happened, I kept a record of what was happening in RT, in case I wanted to write about it. (Fucking journalists, right?)

Three weeks later, I’d forgotten most of the stuff on the list. Some of it came back to me when I read it.

Some of it I still have absolutely no idea what I’m talking about. (I googled snoring? Why?) Memory is not what we think.

It’s a narrative that is constantly being recreated as we tell it, not a record.

The malleability of memory is something that none of us particularly want to face up to: we like to think of ourselves as reliable witnesses to our own lives, yet the evidence is that we are very much not. Some of us are a bit better at accurate recollection, while others consciously remember things as they should have happened instead of how they actually happened.

This, of course, should require us to move the entire “history” section over into the “fiction” part of the mental library…

The Vintner’s Kwality Approximation

Filed under: Bureaucracy, Cancon, Law — Tags: , , , — Nicholas @ 10:15

Michael Pinkus expresses the feelings of a lot of Ontario wine drinkers:

There has been a lot of talk by media-types lately about VQA … about how the VQA symbol is finding its way onto inferior wines; inferior, bland, uneventful, non-descript wine blends — the latest culprit in this category are whites … a growing segment of the LCBO market. These white blends seem to encompass the kitchen and the sink … everything is fair game in them, from Chardonnay Musque to Viognier to Riesling, Sauvignon Blanc (just name a white grape and it’s in there) and of course there’s always some Gewurztraminer thrown into the mix. I find myself on this topic after reading Rod Phillips’ musings, [who] went so far as to accuse the Ontario wine industry and the VQA of dumbing down wine — actually regressing us back to a time when Ontario wine was the laughing stock of the wine world.

[. . .]

Let’s get back to VQA … I’m gonna let you in on another highly guarded secret: VQA is NOT, repeat NOT a sign of quality … it’s a symbol of origin. That’s’ right, according to executive director, Laurie MacDonald, whom the Wine Writers’ Circle of Canada members had a meeting with back in 2011. She was adamant the VQA was all about origin — not quality … so why is the word “Quality” in the acronym? Good question … to which I would hazard a guess there is no really good answer besides it sounded good at the time; but I also offer you this: it sure sounds better than Questionable?

I’m sure, in the past, that you have tasted a wine with a big VQA symbol on it and thought “this is some nasty-ass sh*t … how did that pass VQA?” Yes there’s a tasting component to the process, but I have been assured by many a winery that they just think it’s cash grab by the VQA. It costs a winery $265.50 a shot to run tests through the VQA lab and get authorization to use the symbol on their bottles and a wine can be submitted up to 3 times.

I usually check any Ontario wine for the VQA symbol, and almost always put back any that don’t carry the “stamp of approval”, but I’ve certainly bought more than a few wines carrying the VQA symbol that were unpleasant drinking experiences.

In fairness, I’ve also bought more than a few French wines with AOC designations that failed to live up to expectations, and even more Italian DOC wines that were a waste of money. Wine, by its very nature, can’t be as consistent as other products, so things like the VQA/AOC/DOC are only guideposts, not destination markers. You still have to exercise judgement and roll the dice now and again.

May 7, 2012

Reason.tv: The True Story of Lawrence v. Texas

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 00:07

May 6, 2012

The free speech baby with the Citizens United bathwater

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:32

George Will on the rather impressive sweep of a new proposal to circumvent the US Supreme Court’s decision in Citizens United:

Now comes Rep. Jim McGovern, D-Mass., with a comparable contribution to another debate, the one concerning government regulation of political speech. Joined by Minority Leader Nancy Pelosi, 26 other Democrats and one Republican, he proposes a constitutional amendment to radically contract First Amendment protections. His purpose is to vastly expand government’s power — i.e., the power of incumbent legislators — to write laws regulating, rationing or even proscribing speech in elections that determine the composition of the legislature and the rest of the government. McGovern’s proposal vindicates those who say most campaign-finance “reforms” are incompatible with the First Amendment.

His “People’s Rights Amendment” declares that the Constitution protects only the rights of “natural persons,” not such persons organized in corporations, and that Congress can impose on corporations whatever restrictions Congress deems “reasonable.” His amendment says it shall not be construed “to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.” But the amendment is explicitly designed to deny such rights to natural persons who, exercising their First Amendment right to freedom of association, come together in corporate entities to speak in concert.

McGovern stresses that his amendment decrees that “all corporate entities — for-profit and nonprofit alike” have no constitutional rights. So Congress — and state legislatures and local governments — could regulate to the point of proscription political speech, or any other speech, by the Sierra Club, the National Rifle Association, NARAL Pro-Choice America, or any of the other tens of thousands of nonprofit corporate advocacy groups, including political parties and campaign committees.

Newspapers, magazines, broadcasting entities, online journalism operations — and most religious institutions — are corporate entities. McGovern’s amendment would strip them of all constitutional rights. By doing so, the amendment would empower the government to do much more than proscribe speech. Ilya Somin of George Mason University Law School, writing for the Volokh Conspiracy blog, notes that government, unleashed by McGovern’s amendment, could regulate religious practices at most houses of worship, conduct whatever searches it wants, reasonable or not, of corporate entities, and seize corporate-owned property for whatever it deems public uses — without paying compensation. Yes, McGovern’s scythe would mow down the Fourth and Fifth Amendments, as well as the First.

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