Categories
Fourth Amendment rights litigation

The C-word in Surveillance

Is unconstitutionality like obscenity? — we can’t define it, but know it when we see it.

Take San Jose, California, and its automatic license plate reader system. I might not win an argument explaining how San Jose’s public surveillance relates to the Fourth Amendment to the United States Constitution. But. . . .

That amendment insists that people have a right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and that governments may not search and seize property without a warrant “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

How does one’s public goings-about in cars that are drivable only with a state-mandated license plate amount to something that must not be searched or surveilled? Our driving on roads is all out in the open, after all, not private. 

Maybe we should stress the Fourth’s narrow guideline: warrants must describe the place to be searched, and the persons.

Broad-based tracking flouts that narrow stricture.

But really, I’m biased: mass surveillance is Orwellian. Do we want our government keeping track of us that much?

Especially as in San Jose, where not only can over a thousand police department employees scour the data sans any legal warrant, but the department also shares this resource with over 300 agencies across the state.

Creepy. That’s the word for it.

And that’s the word used by Institute for Justice lawyers who filed a lawsuit against San Jose’s practice.

Jacob Sullum’s article in Reason explains the legal arguments carefully as well as the many ways the information can be weaponized to, for example, retaliate against protesters. 

Information is power, after all. And in the wrong hands . . . creepy.

This is Common Sense. I’m Paul Jacob.


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Categories
Thought

Lawrence Durrell

A state-imposed metaphysic or religion should be opposed, if necessary at pistol-point. We must fight for variety if we fight at all. The uniform is as dull as a sculptured egg.

From the “Obiter Dicta” attributed to the character Pursewarden, in Lawrence Durrell, Balthazar (1958), p. 245.

Categories
Today

New Amsterdam

On April 20, 1657, freedom of religion was granted to the Jews of New Amsterdam, which was later renamed New York City.

Categories
Update

Five-hundred thirty-three to Go?

Not mentioned in Wednesday’s report on withheld information about the Trump “telephone call” is an odd “coincidence”: just a day earlier, one of the main Russiagate-mongers in Washington, D.C., Rep. Eric Swallwell (D-Calif.), resigned from Congress.

His resignation was not about the Russiagate nonsense, of course. Or a telephone call. Or anything of direct relevance to the voters. It was about sex. Sexual misconduct. Rape even. Reaction has included some gallows humor:

I had to laugh when I read this headline from the Babylon Bee, the conservative satire site: “With Swalwell Resigning, Just 534 Perverts Left In Congress.”

It’s funny (and sad) because there is some truth to it. 

Ingrid Jacques, “Swalwell, Gonzales rightly resigned. Let’s elect better people,” USA Today (April 17, 2026).

Swallwell resigned in tandem with Tony Gonzalez (R-Tex.), actually. But the focus of most articles has been on Swallwell. Maybe it’s the name, maybe it’s his prominence as a Trump critic.

While the House investigations against him have ceased, other inquiries are ongoing, “including one announced Saturday by the Manhattan District Attorney’s Office,” reports an article in the San Francisco Chronicle. “The office plans to look into an alleged sexual assault reported by the Chronicle, which the former Swalwell staffer said took place after a charity gala in New York City in April 2024.”

Meanwhile, Sen. Adam Schiff (D-Calif.), the main banana concocting and promoting the Russiagate psy-op, says he is “sickened” and “aghast” at the charges against Swallwell:

Had Schiff known what he now knows, why — he insists — he would not got near Swallwell “with a ten-foot pole.” His and AOC’s comments about partisanship are . . . interesting, if not quite believable.



Categories
Thought

George Saintsbury

The Book of History is the Bible of Irony.

From George Saintsbury: The Memorial Volume (London: Methuen, 1946) p. 120.
Categories
Today

The Revolution Begins

On April 19, 1775, the American Revolution began when the “shot heard around the world” was fired between the 700 British troops and the 77 armed minutemen under Captain John Parker waiting for them on the Lexington town green.

The British troops were on a mission to capture Patriot leaders Sam Adams and John Hancock and to seize a Patriot arsenal.

The Battle of Lexington ended with eight Americans killed and ten wounded, along with one wounded British soldier.

In Concord, a couple of hours later, British troops were encircled by hundreds of armed Patriots. The British commander ordered his men to return to Boston without directly engaging the Americans, but on the 16-mile journey they were constantly attacked by Patriot marksmen firing at them Indian-style from behind trees, rocks, and stone walls. By the time the British reached the safety of Boston, nearly 300 soldiers had been killed, wounded, or were missing in action. The Patriots suffered fewer than 100 casualties.


On April 19, 1782, John Adams secured the Dutch Republic’s recognition of the United States as an independent government.

Categories
Update

Hallucinogenic State

The War on Drugs made another retreat this week, as the Washington Post covered the story early in its development:

President Donald Trump is planning to sign an executive order on Saturday to boost research into psychedelics and potentially make the drugs available in controlled therapeutic environments, according to three people who spoke on the condition of anonymity to discuss the administration’s plans.

Trump’s planned order will direct new steps from the Food and Drug Administration, which regulates drug safety. The agency would issue new guidance to researchers on how to design clinical trials for drugs such as psilocybin, ibogaine and other serotonin receptors. Those drugs, which also include LSD and MDMA, can cause hallucinogenic effects and are illegal in the United States.

Dan Diamond, “Trump plans to ease access to psychedelics like psilocybin, ibogaine,” Washington Post (April 18, 2026).

But a later report in the Washington Examiner shows that the deed’s already been done:

President Donald Trump signed an executive order allowing the use of some psychedelic drugs to treat post-traumatic stress disorder.

Flanked by Health and Human Services Secretary Robert F. Kennedy Jr., podcaster Joe Rogan, and other cabinet officials, Trump said his new executive order “directs the FDA to expedite their review of certain psychedelics already designated as breakthrough therapy drugs.”

Brady Knox, “Trump signs order boosting psychedelic drugs for PTSD with Rogan looking on,” Washington Examiner (April 18, 2026).

According to the New York Post, the signing was today, Saturday. “The drug is currently classified as a Schedule I controlled substance in the United States.” Specifically, the “order will remove legal restrictions that have prevented extensive studies into the medicine and how it works.”

Of course, there exist many hallucinogenic compounds — enough to make the phrase “the medicine” seem a little odd — and the federal government’s stance on its usage has not just been of suppression: consult Stephen Kinzer’s Poisoner in Chief: Sidney Gottlieb and the CIA Search for Mind Control (2019) for some real mind-blowing information.

But the current executive order is astounding enough to blow some minds:

Individuals suffering from major depressive disorder and substance abuse disorder, among other serious mental illnesses, can relapse or not fully respond to standard medical and psychiatric therapies.  Despite massive Federal investment into researching potential advancements in mental health care and treatment, our medical research system has yet to produce approved therapies that promote enduring improvements in the mental health condition of these most complex patients.  Innovative methods are needed to find long-term solutions for these Americans beyond existing prescription medications.

Psychedelic drugs, including ibogaine compounds, show potential in clinical studies to address serious mental illnesses for patients whose conditions persist after completing standard therapy.  Indeed, the Food and Drug Administration (FDA) has granted Breakthrough Therapy designation to specific psychedelic drugs, and there are numerous products currently in the clinical trial pipeline for review of safety and efficacy.  It is the policy of my Administration to accelerate innovative research models and appropriate drug approvals to increase access to psychedelic drugs that could save lives and reverse the crisis of serious mental illness in America.

Donald J. Trump, Executive Order: “Accelerating Medical Treatments for Serious Mental Illness” (April 18, 2026).
Categories
Thought

Lawrence Durrell

Like all young men I set out to be a genius, but mercifully laughter intervened.

Lawrence Durrell, Clea (1960).

Categories
Today

The Mueller Report

On April 18, 2019, a redacted version of the Mueller Report was released to the United States Congress and the public. President Donald Trump claimed that it exonerated him. “It was called, ‘No collusion. No obstruction,’” quoth the president. “I’m having a good day. There never was [collusion], by the way, and there never will be. . . . This should never happen to another president again, this hoax.”

Categories
ideological culture subsidy too much government

The Government Store to Nowhere

New York City Mayor Commie Mamdani is putting into action, sort of, his plan to introduce government-run grocery stores and bring down grocery prices.

Renting a Brooklyn storefront may cost anywhere between $60,000 to $600,000 a year depending on location and square footage. And there are other costs. Investors profit when they’re right about the opportunity and revenue exceeds costs. This means that they must satisfy customers.

Or . . . taxpayers can fund everything regardless of success or failure.

One goal a city official mentioned about the government-run stores: “We will listen to the community, so the food on the shelves will reflect what people in this neighborhood eat.” Meanwhile, stores catering to ethnic-food preferences of neighborhoods abound in New York City. Mission accomplished.

“Listening to the community” means that neighborhood people have to talk. In markets, they need only buy or not buy. Money talks, businesses already listen.

When nobody buys Product X, vendors stop selling it. When many buy Product Y, more units get stocked. Of course, customers can ask a store to carry some product. And the store can either oblige or explain that unfortunately nobody else wants to buy it.

Mamdani’s government-run stores will follow practices that either emulate the market — unnecessary, as plenty of private grocery stores and supermarkets already exist — or interfere with market processes and make everything more cumbersome and expensive. But the government subsidies will make everything seems cheap to the customer waiting in the long line. 

The real costs will be the ever-suffering taxpayers’ job to pay.

This is Common Sense. I’m Paul Jacob.


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