top | item 25353128

(no title)

dk1138 | 5 years ago

I don't think "first class" citizens is the right classification. There are certain fields/work that are inherently more risky or serve a critical component of society. We are seeing this exact thing pan out now with medical care--doctors and nurses are precious resources and if we don't protect them, we put our overall societal health at risk. Same is true for judges--if you don't protect them, you put the rule of law at risk which is a way of protecting everyone.

discuss

order

rsync|5 years ago

No.

Equal protection under the law and freedom of speech.

It's a terrible story being told here and I am saddened by her loss but this judge and you, and I, and everyone else are peers.

Judges may be interesting and special for brief periods of time while they adjudicate on their bench but out in the world they are normal people just like everyone else. If privacy laws are inadequate for them then they are inadequate for all of us.

I can't imagine a situation where I would know, much less disseminate, the address of a judge but that is without any question speech protected by the first amendment.

dalbasal|5 years ago

I think it's worth noting that attacks on judges is probably more detrimental to society than most murders. It's similar for elected office, which is one reason we have these special protections.

That said, I agree with you. As Judge Salas says herself in this article, this is about the foundations of democracy. Peerage is certainly that too.

Also, since prosecutors and police are covered by this law, we need to think of this as mostly relating to law enforcement. They are the vast majority of this population.

Meanwhile, privacy is obviously an area that needs 21st century attention. We should at least get a reason why we don't get these protections too. Extending their rights to privacy separately from everyone else doesn't sit right with me.

bb88|5 years ago

> Equal protection under the law and freedom of speech.

The reality is that certain types of people are in fact more important than others. POTUS gets secret service protection -- something that most citizens won't get.

Does a federal judge deserve extra protection under the law than an average citizen? Probably. It's just a question of how much -- precisely for the reasons given in the article.

Now whether or not we should all have that right may be a question worth asking, but it seems pretty certain that federal judges are worthy of this kind of protection.

GavinMcG|5 years ago

How much First Amendment history and jurisprudence do you know? There's a naive view that speech is speech, and it's all protected, but that is an absolutely radical view compared to what "free speech" has meant for most of the post-Enlightenment period.

freshhawk|5 years ago

But those jobs aren't more risky, not by any measurement. What they are are positions of authority.

So it's hard to say "first class citizens" isn't the right term. Maybe "rulers"?

TheOtherHobbes|5 years ago

You don't think a job which massively inconveniences petty and violent criminals - some of whom will be part of larger crime families and networks - is inherently risky?

giantg2|5 years ago

I'm not saying we shouldn't protect them. But why not extend these protections to the general public?

I used the term first class citizens because people in power tend to grant themselves more of it over time or have privileges (official or unofficial) which benefit them, and not just to protect them. For example, how often do you hear about police being given a ticket? Many laws explicitly except the people in Congress as well.

huffmsa|5 years ago

Better let the police remove their name tags and hide behind qualified immunity too then.

For their protection, and the stability and security of our society.

dalbasal|5 years ago

I see your point. "First class" is loaded, but I don't this is just about risk. That's evident in the content of the law and in both judge Salas' explanation for it.

"The federal government has a responsibility to protect all federal judges because our safety is foundational to our great democracy"

Indeed it is. It's not just about likelihood of an attack occurring. It's about potential consequences. Killing judges is destabilizing... both directly and via reaction. They are an actually weakening to the governing system as a whole.

We do actually have totally separate ways of protecting elected officials, including unique laws. They are, essentially, "first class citizens." It's because attacks are likely and because the consequences of such attacks are dangerous.

That said, I sympathize with the OP. Separate laws for the specific protection of certain classes of citizens is well... also relevant to the foundations of democracies. Why can't these protections^ be extended to everyone?

"“Daniel’s Law,” which prohibits the distribution of personal information, including home addresses and phone numbers, for judges, prosecutors and law enforcement personnel."

patrickm129|5 years ago

The solution to this is sentence enhancements.

For example, pass a law making the distribution of PII unlawful if the intent of the distribution is to cause violence or unrest. The law itself would cover everyone evenly.

With a few sentence enhancement clauses, the same statute that protects everyone equally can add additional terms of incarceration or mandatory minimums for judges and law enforcement.

baybal2|5 years ago

You cannot do so because US congress is prohibited making laws "abridging the speech."

Such law abridges what somebody says, and thus cannot be made.

centimeter|5 years ago

"Enhancing" punishments on accusations as vague as "causing unrest" surely won't be abused...

asab|5 years ago

demonstrating intent in court can often be quite difficult. focusing instead on outcomes for the judges may help

throwawaygh|5 years ago

> There are certain fields/work that are inherently more risky or serve a critical component of society.

You mean like grocery delivery drivers and cashiers?

What about virologists? Or what about all of the PhD students in Field X, where X is not virology but some other thing that will be at the focal point of the next crisis but which everyone today thinks is unnecessary and figures we should stop over-produce PhDs for? 12 months ago you could probably come to a place like HN, complain that you can't find a good paying job with your phd in coronaviruses, and be told that academia is a pyramid scheme, that no one owes you anything and you should just learn to code and go work on a labor law arbitrage product at the center of an even bigger pyramid scheme.

Since we're on a technology forum, what about the engineers who implement the software/hardware that's used to manufacture PPE, or run simulations to help design mRNA vaccines, or write firmware for the machinery and devices used to mass produce vaccines? Or even more mundane but none-the-less useful stuff like designing and implementing intuitive UX for no-contact payment methods?

Anyways, what's the point of drawing this line between "useful resource" and "everyone else"? What if the role of government were to treat humans citizens with natural rights that should be protected by law, instead of as economic resources to be deployed?

Also, have you asked any essential workers how they feel about being treated as a useful resource? Instead of, you know, a human with natural and legal rights?

Perhaps judges don't need special treatment. Maybe, perhaps, personal privacy is incredibly important component of human dignity.