In my personal opinion, We have another state senator who has no concept of the Constitution and the fact that it is designed to protect individual rights, not the rights of the majority and not the rights of the popular or powerful people and most definitely not the rights of the government. The Declaration of Independence the Constitution and the Bill of Rights are designed to protect individuals, and this includes the rights of people that others distrust of or dislike. Apparently this senator has no concept of Voltaire’s comment on freedom of speech “I do not agree with what you have to say, but I’ll defend to the death your right to say it.” The senator and his cronies would just as soon limit the use of information by denying access to information available to others in the country to those people that he considers undesirable. Notwithstanding that this group has been proven to be the group least likely to be involved in a new similar type of crime again. Legislators that have no conscience and try taking away constitutionally protected rights have no business being in office. Soon if they are not held accountable for their actions, you may be among the next group of people who lose your constitutional rights to them.
Senator Hueso, a Democrat, who represents southern San Diego County, including National City, has chosen to put himself above the Constitution and court decisions, decisions that were in both the California court system and the federal system. He is now attempting to pass a law SB 448 requiring groups of people to give up their freedom of speech, to satisfy his need for bigotry against a specific class of person. I predict that if this law is passed, it will be fought in the court system and again the state will lose at a very high cost to the taxpayers.
The thing is that similar laws have already been found to be unconstitutional. Not only in the state of California, but in other states as well, and this was not only done in state courts but in federal courts as well. Example: In October of 2012 a decision was handed down in the United States District Court for the District of Nebraska, finding that the state requirement to force people to give up their Internet identifiers is unconstitutional. An interesting facet of this case was the fact that the plaintiffs stated that the legislative intent was in fact, to be punishment, and this was proven to be true by forcing the legislators and the state attorney general to give up memos between their offices.
Judge Kopf in this case, found the Nebraska law pertaining to Internet identifiers to be unconstitutional on several constitutional issues: The First Amendment, The Ex-post facto Clause, the Fourth Amendment, and the Due process Clause of the Fourteenth Amendment.
Click here to see the Nebraska-Ruling It is a large PDF file, so please be patient while it downloads.