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(Some Guy)   Media caught with heads up collective asses. Patriot Act NOT ruled unconstitutional   (volokh.com) divider line 77
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20072 clicks; posted to Main » on 30 Sep 2004 at 5:54 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



77 Comments   (+0 »)
   

Archived thread
 
2004-09-30 10:50:54 AM
To Parrott Farkers from yesterday

WHY WON'T FARK GREEN LIGHT THIS MAJOR NEWS!!!!!!
 
2004-09-30 12:01:31 PM
well thank god this brave new piece of [legislation] wasn't found unconstitutional. i can think of one fascist asshat that needs surveilling, in particular.
 
2004-09-30 12:09:19 PM
I believe the Patriot Act modified 2709, no? He acts like they are almost unrelated. And how is this "MAJOR NEWS" that should be greenlighted? (I had to put in my two cents, but I also must leave the computer for the day, and so will unfortunately be unable to participate in any flaming)

http://www.usdoj.gov/criminal/cybercrime/PatriotAct.htm
 
2004-09-30 01:09:33 PM
To be fair, the Patriot Act did amend some language in this section; just not in a relevant way

This guy's a complete moran. The amended language is what made the law unconstitutional. Not relevant, my ass.
 
2004-09-30 01:41:38 PM
Though the statute at issue, 18 U.S.C. § 2709, was on the books since the 1980s, the statute was significantly amended by the Patriot Act. Prior to the Patriot Act, it applied only to criminal investigations of dealings with foreign powers. The Patriot Act amended it to make it apply to purely domestic investigations, including investigations involving only U.S. citizens. See page numbers 20-21 of the court's opinion. This case--or the "investigation," if you can call it that--probably wouldn't have even come up without that amendment. I think this blogger is a little off base here.
 
2004-09-30 02:01:23 PM
methinks maybe the admin who greenlit this completely unworthy fascist wet dream is either the blogger, or the submitter, or both.
 
2004-09-30 04:28:45 PM
One of these days the world may wake up and realize that Blogs are generally opinion pieces. Unless the blogger happens to be a sitting justice on the supreme court, his view has as much value as the guy who offered to wash my windshield this morning.
 
2004-09-30 05:58:32 PM
Media with head up butt:

Check this out!
http://www.heraldsun.com/

The debate story on the front page is written for tomorrow, and the picture has been replaced by MUPPETS!
 
2004-09-30 05:59:28 PM
Patriot Act NOT ruled unconstitutional

----

It means that the Patriot Act is ruled constitutional. Do not use negations when they are unnecessary.
 
2004-09-30 06:01:01 PM
So the Patriot Act itself wasn't ruled unconstitutional, but a certain part of it was. It's a step in the right direction anyway.
 
2004-09-30 06:01:02 PM
Glad this has all been cleared up by Some Guy With a Website! We are all safe again! Thanks, Some Guy With a Website!

[patriotic music swells]
 
2004-09-30 06:01:05 PM
And in other mainstream media sham news, CBS tries again to fool it's wiewers with fake stories.
 
2004-09-30 06:01:09 PM
DID SOMEONE SAY MUPPETS?
 
2004-09-30 06:01:33 PM
wow. good thing this blog got greenlighted. I'm going to post in my journal about how kerry is a psycho alien here to kill us all. because we all know that blogs are such highly respected and obviously reliable news sources!
 
2004-09-30 06:01:53 PM
Funny, the way I heard it on the news, *portions* of the Act were deemed unconstitutional, not the whole thing...
 
2004-09-30 06:02:10 PM
It means that the Patriot Act is ruled constitutional.

Wrong.

Do not use negations when they are unnecessary.

Don't you mean "Use negations when they are necessary"?
 
2004-09-30 06:03:31 PM
Submitter, you moran! You have mistaken a blog for a legitimate news source.

Until further news, I'll put my faith in that old rag, the NEW YORK TIMES.
 
2004-09-30 06:04:10 PM
Well that kicks balls.
 
2004-09-30 06:04:26 PM
I'd hit it...
 
2004-09-30 06:05:00 PM
 
2004-09-30 06:05:13 PM
Gee, I don't see how anything related to computers has changed since 1986.

?????
 
2004-09-30 06:05:37 PM
Never trust a website with the word Conspiracy in the title.
 
2004-09-30 06:05:52 PM
So let me get this straight....

He's refuting CNN, the NY Times, The NY Post, Reuters, and the AP?

Yup, OK, that makes total sense.
 
2004-09-30 06:06:45 PM
poot_rootbeer

Do not use negations when they are unnecessary.

Don't you mean "Use negations when they are necessary"?

---------------------

Right, I was just trying to illustrate the point...looks like you got it !
 
2004-09-30 06:07:04 PM
Oh sweet jesus, now every blogger thinks they are better than every paper out there...


//doubts that guy read all 120 pages either
 
2004-09-30 06:07:30 PM
Patriot Act Shmatria Act...WHERE CAN I GET SOME CHICKEN WINGS!
 
2004-09-30 06:09:52 PM
now every blogger thinks they are better than every paper out there

they are if they're scissors!
 
2004-09-30 06:10:42 PM
Just in case anyone is wondering...

Orin Kerr is a 4th Amendment expert.
 
2004-09-30 06:10:42 PM
Holy crap, who would guess that a blog run by a bunch of law professors from Harvard, UCLA, George Washington, Duke, George Mason, Temple, and Northwestern would know anything about the law?
 
2004-09-30 06:13:51 PM
Funny Site.. and the person writing it apparently hasn't read the modified sections of the law or the decision if he thinks it was unrelated to the patriot act. Of course, what nobody has pointed out is that this is only a district court case which has not been appealed... and it won't have much weight or affect until its climbed its way through the court system.

The ruling only affects the jurisdiction of the 2nd circuit.
 
2004-09-30 06:14:04 PM
Just in case anyone is wondering...

Orin Kerr is a 4th Amendment expert.


I am a 61 st amendment expert!
 
2004-09-30 06:14:40 PM
us, not them
them, not us
skipping through a landmine
unloading an AK-47 in church

I need instant replay
Sleeping keeps me busy
A human at its best
Needs a puppy to smack

/smoked too much crack
//defective, take it back
///brain chemistry out of whack
////someone put cheerios in my smack
/////five slashes for not saying jack
//////six eyelashes per pack
 
2004-09-30 06:15:25 PM
farked
 
ZAZ [TotalFark]
2004-09-30 06:17:59 PM
18 USC 2709, the law that was declared unconstitutional.
 
2004-09-30 06:19:24 PM
So much for this clown. Farther down the page he has an entry about the infamous yellowcake that he tries to spin. Pitiful. The amount of willful ignorance on display in this blog is just silly.
 
HTH
2004-09-30 06:20:55 PM
MadFarker

No, he means, "Use negations only when they are necessary!"
 
2004-09-30 06:22:34 PM
It means that the Patriot Act is ruled constitutional. Do not use negations when they are unnecessary.

Silly. That would suggest that:
Do not do something unnecessary = Do something necessary. Which, of course, is completely bogus. Cancellation of a negation does not automatically imply a positive.
 
HTH
2004-09-30 06:22:43 PM
Of course, it would help if I realized it should have been addressed to poot_rootbeer instead of MadFarker.
 
ZAZ [TotalFark]
2004-09-30 06:25:42 PM

Here is the section of the PATRIOT Act amending 18 USC 2709:


Sec. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.


(a) Telephone Toll and Transactional Records.--Section 2709(b) of title 18, United States Code, is amended--

(1) in the matter preceding paragraph (1), by inserting "at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director" after "Assistant Director";

(2) in paragraph (1)--

(A) by striking "in a position not lower than Deputy Assistant Director"; and

(B) by striking "made that" and all that follows and inserting the following: "made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and"; and

(3) in paragraph (2)--

(A) by striking "in a position not lower than Deputy Assistant Director"; and

(B) by striking "made that" and all that follows and inserting the following: "made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.".
 
2004-09-30 06:25:59 PM
So let me get this right - you think someone actually has to greenlight a headline before it gets posted here?

No way - they use the tried and true "train the chicken to peck the keyboard" method...
 
ZAZ [TotalFark]
2004-09-30 06:36:08 PM
The ruling only affects the jurisdiction of the 2nd circuit.

I don't think that is correct. The District Court had territorial jurisdiction only over New York City and the immediate surroundings, the Southern District of New York, but it had personal jurisdiction over the government and its order reads in part:
Defendants John Ashcroft, in his official capacity as Attorney General of the United States, Robert Mueller, in his official capacity as Directo of the Federal Bureau of Investigation, and Marion Bowman, in his official capacity as Senior Counsel to the Federal Bureau of Investigation, are hereby enjoined from issuing national security letters under 18 U.S.C. § 2709, or from enforcing the provisions of 18 U.S.C. § 2709(c)...

This order applies nationwide, or worldwide. If not the judge would have said where the order applies.
 
2004-09-30 06:40:56 PM
"This order applies nationwide, or worldwide. If not the judge would have said where the order applies."

Nein. Circuits only cover their own territory. That's why you see the phrase "the circuits are split on the issue" in a number of SCOTUS opinions: the circuits will independently reach varying conclusions on questions of law, and their conclusions will only extend as far as their own circuit.
 
2004-09-30 06:49:06 PM
anyone who cares jump on the wagon please:

 
2004-09-30 07:00:31 PM
Yeah well I'm an expert on the 21st amendment
 
ZAZ [TotalFark]
2004-09-30 07:05:02 PM
kronicfeld

You're confusing two different issues, judgments vs. precedents.

The judgment of a court is final, subject to appellate review, and binding on all other courts.

The legal principle used by the court is binding only on inferior courts within the same judicial district (federal circuit, county,whatever), and is conventionally followed by the same court in subsequent cases. This is the policy called stare decisis.

If the court had ruled that an ISP receiving an NSL may challenge the specific NSL in court, and the second circuit agreed, that would be (1) a judgment finally disposing of the particular NSL, and (2) a precedent that courts in the Second Circuit would use in similar cases in the future. The decision would indeed be limited geographically.

But the court didn't say that. This was a challenge to the general practice of issuing NSLs and the court ordered the government not to do that any more.

If I sue you for $100 for making an incorrect statement of law on the internet and I win, you can't evade that judgment by moving to a circuit where the law is more favorable.
 
2004-09-30 07:09:37 PM
Upon closer inspection it appears that the media didn't quite have their heads up their asses. Maybe in the vicinity of the ass, perhaps in the asscrack, but not in the ass itself.

The ruling did not strike down a part of the Patriot Act exactly, it struck down a law modified by the Patriot Act. The ruling was based (near as I can tell) on the modified sections of the law. So while technically a part of the Patriot Act wasn't struck down, something else was due to a modification made by the Patriot Act.

It'd be nice if someone could dig up the pre-Patriot Act law. The amendment seems to be specifically worded so it's unclear what's been modified.
 
ZAZ [TotalFark]
2004-09-30 07:11:44 PM
I missed a definition above.

The judgment in a case is an order saying that A owes B money, or A does not owe B money, or ordering A to do something, finding that A is not permitted to do something to B, or a similarly concrete order directed at the parties to the case.
 
2004-09-30 07:16:23 PM
for those commenters saying things like "gee thanks, mr. anonymous guy with a website", Gene Volokh is a nationally-renowned Con Law Dude.


/.02
 
2004-09-30 07:17:55 PM
Funny because the case itself mentions the PA several times. Wonder how he missed that????
 
2004-09-30 07:19:06 PM
Okay, so I read the headline, read the linked post, and even read the frigging court's opinion, and now I'm still confused: Where exactly is the media WRONG (i.e., caught with their "heads up [their] asses") when it reports that a judge in NY ruled parts of the Patriot Act unconstitutional?

The 122-page opinion is pretty clear when you winnow away the bullcrap. And even if you don't want to read this whole thing, does this not give it away?:

"ORDERED that the motion of [the Plaintiffs] is granted. Defendants John Ashcroft, in his official capacity as Attorney General of the United States, Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation, and Marion Bowman, in his official capacity as Senior Counsel to the Federal Bureau of Investigation (collectively "Defendants"), are hereby enjoined from issuing national security letters under 18 U.S.C. s 2709, or from enforcing the provisions of 18 U.S.C. s 2709(c)...."

/seems to have missed something
 
2004-09-30 07:25:56 PM
Here's the direct link to the post, for peeps who hate to scroll: [link=http://volokh.com/archives/archive_2004_09_28.shtml#1096581574]More on the Mainstream Media[/link].

And the guy is a law professor at GWU, so ad hominem attacks on him as a "st00pid farking blogger" are, um, st00pid!!11

Attacks on his reasoning and/or reading comprehension skills are also stupid; the reasons why are left as an exercise for the reader.
 
2004-09-30 07:29:52 PM
"for those commenters saying things like "gee thanks, mr. anonymous guy with a website", Gene Volokh is a nationally-renowned Con Law Dude"

nationally renowned does not neccesarily mean respected. After reading the other content on his blog, I have no respect for this Con.
 
2004-09-30 07:29:55 PM
Let's call everyone who disagrees with us fascists!

[patriotic music swells even louder, because we are the TRUE patriots]



So much for this clown. Farther down the page he has an entry about the infamous yellowcake that he tries to spin. Pitiful.

You should really try reading recent news on the 'yellowcake claims' and what was actually going on. You might have to actually read the links, including one on Slate, that he cites, though. And I'm sure you don't want to read anything that might force even a slight re-think on your part.



The amount of willful ignorance on display in this blog is just silly.

That, or someone expressing knowledge that doesn't toe the conventional wisdom of the Dubya bashers makes you really angry. Difficult to believe someone complains of willful ignorance after making your comment about yellowcake.
 
ZAZ [TotalFark]
2004-09-30 07:29:57 PM
Where exactly is the media WRONG...?

Yesterday's reports were not fair because, based on the parts of the decision that I read, the court would have made the same decision without the PATRIOT Act. The Act may have greatly increased the number of national security letters, but it did not authorize an unconstitutional practice that was previously unauthorized.

Well, probably not. The courts might be receptive to an argument that the old scheme was "safer" in terms of rights because decisions had to be made at a higher level within the Executive branch. This is better because (1) there are fewer high level officials and they can do less damage, (2) they have the ability and legal expertise to carefully review each order and are subject to political sanctions if they go too far. But I don't think it would matter, especially because the court found the non-disclosure provision unconstitutional.
 
2004-09-30 07:31:37 PM
A quick survey of headlines indexed by Google News RE: this topic doesn't reflect any misunderstanding on the part of any major news source.

A piece of legislation amended by the Act was ruled unconstitutional, appeal by DOJ is probably pending. I don't see anybody disagreeing on this.

It's pedantic semanticism to argue pick nits over whether this is a ruling against the Act, the amended legislation, or the DOJ.

The ACLU press release is vague, but correct in essence. It's certainly no worse than most news.

Cheers.
 
2004-09-30 07:33:04 PM
Er, yeah. Strike the superfluous 'argue' in that post. I only make sense on my good days.
 
2004-09-30 07:33:35 PM
For those of you who are looking for it,

18 USC 2709 (current form) -- scroll down to see the exact amendments and when they were passed

18 USC 2709 -- as the code provided in 1999

Hope those links work.
 
ZAZ [TotalFark]
2004-09-30 07:40:20 PM
Oh, I somehow missed the point of Cyberluddite's comment up top. Good point there, but I think the court would have struck down the pre-PATRIOT too, at least as it existed after the 1993 amendments.

Senator Cornyn's comments (linked from the law blog).
 
2004-09-30 07:41:48 PM

Uh...even John Ashcroft acknowledged the ruling as a blow to a part of the Patriot Act.

FOX News/AP Article

 
2004-09-30 07:49:52 PM
Okay, I think I understand it now. The ACLU won a lawsuit over a particular act. The big controversy is whether the act was a part of the Patriot Act or not.

Cronyn insists that it's not. (The Act appears to be been authored by Sen. Leahy (D-Vt.).)

So that's the big deal? Yawn.
 
ZAZ [TotalFark]
2004-09-30 08:05:10 PM
So that's the big deal? Yawn.

The question is, did the media let the ACLU spin it into an anti-Bush decision? If yes, that's news. The answer is definitely maybe. Which reminds me that I could be watching Stalker instead of Farking.
 
2004-09-30 08:20:37 PM
Say goodbye to your freedom America!

Come to Canada - we got better beer, women, and pot!
 
2004-09-30 08:31:34 PM
Beer?

Women?

Pot pies?

I'm in!
 
2004-09-30 08:33:58 PM
After looking at the two versions of the law, I've figured out that there were two major changes made to it by the Patriot Act:

1) Extends the scope of the law from investigations of possible terrorist activities by foreign agents to investigations of acts by anyone, regardless of nationality. I don't have much of a problem with this, since as has been shown by events like the Oklahoma City bombing domestic terrorists can be pretty bad.

2) Removes the requirement for official submitting the application to certify that "there are specific and articulable facts giving reason to believe that" the person has terrorist ties. This is the creepy part, since it means that the submitter doesn't have to specify a reason, just that they want the information for an investigation.


Bottom line: good thing this was struck down.
 
2004-09-30 08:39:25 PM
http://www.prosoundweb.com/fun/Photofun/76-head_up_ass.jpg

First thing that comes to mind: Journalistic Yoga

/just one of several examples, chosen at random
 
2004-09-30 09:03:00 PM
2004-09-30 05:59:28 PM MadFarker
Patriot Act NOT ruled unconstitutional
----
It means that the Patriot Act is ruled constitutional. Do not use negations when they are unnecessary.


If the Patriot Act has not been ruled unconstitutional, it does not necessarily follow that it has been ruled constitutional.
 
2004-09-30 09:03:27 PM
nationally renowned does not neccesarily mean respected. After reading the other content on his blog, I have no respect for this Con.


I agreee. After all, there's gotta be a reason that law schools and law school con law textbooks are pretty familiar with his work. And he's only testified before Congress a few times on little stupid things like the 2nd amendment.


/really don't mean to sound like a cheerleader
 
2004-09-30 09:59:10 PM
Hey, according to out government, being a professor does not mean you know what you are talking about. Just look at all the academic oversight gangs - ooops, I mean groups - are being formed and encouraged.

Unless you think they really mean that being a LIBERAL professor does not mean you know what you are talking about.

You don't think they mean THAT, do you?
 
2004-09-30 10:46:21 PM
Site is waay to tinfoil-hatted to waste time reading. Which perhaps is why there are only 68 comments thus far.
 
2004-10-01 12:28:12 AM
Kudos to MadFarker

Do not use negations when they are unnecessary.

This is tantamount to a null class in the class of all classes not members of the given class. (Heinlein)

I am reminded of Eric Blair (a.k.a. George Orwell) who once ridiculed this construction perfectly with the sentence: "The not unquick brown fox jumped over the not unlazy brown dog."

Anyone notice that "blog" is a four-letter word?
 
2004-10-01 12:51:13 AM
2004-09-30 06:14:04 PM lepermassiah

Oh yeah? Well I'm a 212th Amendment expert.

/VERY obscure.
 
2004-10-01 02:07:31 AM
Patriot Act = Nazi Decrees of 1933

"The Decrees of 1933
(a) The February 28 Decree.
One of the most repressive acts of the new Nazi government, this one allowed for the suspension of civil liberties in the wake of the false crisis created by the Nazis as a result of the fire that gutted the Reichstag (parliament) building on the previous day. Without firm evidence, it was put about that it had been set by the Communists as the opening act in the attempt to overthrow the state. The president was persuaded that the state was in danger and, hence, that the emergency measures embodied in the decree were necessary. Even though under Art. 48 of the constitution, the decree would have been withdrawn once the so-called emergency had passed, any hope of this happening was prevented by the establishment of Hitler's dictatorship following the Enabling Act (see below). It was in fact never withdrawn and remained until the end as an instrument of Nazi terror against ordinary citizens who ran foul of the regime.

ARTICLE 1. In virtue of paragraph 2, article 48,* of the German Constitution, the following is decreed as a defensive measure against communist acts of violence , endangering the state:

Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty [114], on the right of free expression of opinion, including freedom of the press [118], on the right of assembly and the right of association [124], and violations of the privacy of postal, telegraphic, and telephonic communications [117], and warrants for house-searches [115], orders for confiscation as well as restrictions on property [153], are also permissible beyond the legal limits otherwise prescribed.

*Article 48 of the German Constitution of August 11, 1919:
If public safety and order in Germany are materially disturbed or endangered, the President may take the necessary measures to restore public safety and order, and, if necessary, to intervene with the help of the armed forces. To this end he may temporarily suspend, in whole or in part, the fundamental rights established in Articles 114, 115, 117, 118, 123, 124, and 153 "

source: http://web.jjay.cuny.edu/~jobrien/reference/ob60.html
 
2004-10-01 03:28:53 AM
Petey4335: nationally renowned does not neccesarily mean respected. After reading the other content on his blog, I have no respect for this Con.

Just because you don't respect him doesn't negate the fact that people who are far more knowledgable than you about constitutional law _do_ respect him.
 
2004-10-01 05:21:46 AM
2004-09-30 06:03:31 PM Miskatonic University

Submitter, you moran! You have mistaken a blog for a legitimate news source.

Until further news, I'll put my faith in that old rag, the NEW YORK TIMES.
So then, you admit to being a total idiot.
 
2004-10-01 05:29:10 AM
The whole reason the Rovian neocons act as they do is because the Moore-fellating libs are such a total joke that the Rovians think they're unbeatable by comparison.

And as usual, the reasonable are caught in the middle, hating both sides for being such self-serving wastes of space...
 
2004-10-01 05:29:12 AM
Beatle_Matt
unfortunately you had to give up your free speech almost entirely and it looks like farkers in the good old usa are about to as well (links pop)
 
2004-10-01 09:51:37 AM
here's another link from a senator on the subject of this ruling not being about the patriot act. senator link

Tha patriot act's amendment to 18 USC 2709 was not relevant to the court's decision.
 
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