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In reply to the discussion: Many Of You May Be Interested In What THIS Guy Has To Say, Re: FISA/NSA/Snowden... [View all]JDPriestly
(57,936 posts)says whatever they say, but that we would still be ruled by Dred Scott and numerous other cases that are laughed at as they are pulled out of the bin of big historical goofs.
So much for the SCOTUS.
I was a child when Brown v. Board of Education was decided. I remember reading the headline in the paper. I remember seeing that picture of the children going to school in Little Rock surrounded by what looked to me like soldiers at the time. In fact, I was pretty young at the time, and I thought the students were much younger than they actually were. That was my perception of the picture when I was a child.
The SCOTUS's opinions change, sometimes for the worse, sometimes for the better. Precedent is not the golden lock and key that we think sometimes. The fact is that the case, Smith v. Maryland
http://en.wikipedia.org/wiki/Smith_v._Maryland
was decided with regard to facts very, very different from those of our world. I think that is a decision that might be easily distinguished on its facts. I would not rely on it for deciding to invest billions of dollars.