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some_guy_nobel 5 days ago

Courts have repeatedly held that the government cannot chill lawful protest activity by imposing undue surveillance or intimidation. Sure, there is no explicit “right to anonymity,” but the Supreme Court has recognized in cases like NAACP v. Alabama (1958) that forced disclosure of membership lists can violate First Amendment rights, because it deters participation and chills association.

Of course, the Fourth Amendment also has clauses against “unreasonable searches and seizures.” I'm not a constitutional lawyer, but it's easy to see, from modern cases like Carpenter v. United States (2018) (which limited warrantless cellphone location tracking) why this could be perceived poorly.

But the Constitution tries to ensure that risk doesn’t come from government retaliation against lawful expression. I would ask why you're so keen to allow it.

xp84 5 days ago | parent [-]

> forced disclosure of membership lists

Sure, that sounds bad. But also very different than a mob of masked protestors who feel entitled to anonymous protest.

Protestors should be proud to be there and shouldn't feel the need to hide their identities. Not in this country at least. For all the hysterical comparisons, this isn't Putin's Russia. They aren't just kidnapping random citizens and disappearing them for participating in a protest. On the other hand, during "peaceful protests" when people start destroying the city under cover of the protest, yeah, I do want those people to be arrested and tried.

some_guy_nobel 4 days ago | parent | next [-]

> But also very different than a mob of masked protestors who feel entitled to anonymous protest.

Well, the links above explain exactly why there is debate around whether or not protestors are entitled to anonymous protests.

> On the other hand, during "peaceful protests" when people start destroying the city under cover of the protest, yeah, I do want those people to be arrested and tried.

I agree, but I would not trade my constitutional rights for some small (or large) property damage, that happens very rarely. (The last few weekends saw hundreds of protests across the nation - how much looting or other did you see?)

Unfortunately, this country is full of people that fall prey to newsroom propaganda, become emotional, and would gladly trade away their rights. It's a shame that those decisions affect everyone else, as well.

8note 5 days ago | parent | prev | next [-]

it seems prudent to protect your identity from that collection, when in 6months time, the government might be kidnapping and disappearing citizens.

even still, not everyone is a citizen and the government seems to believe that protesting is a reason to remove a greencard. Not everyone wants to spend a month incorrectly detained

nxobject 5 days ago | parent | prev [-]

> Protestors should be proud to be there and shouldn't feel the need to hide their identities. Not in this country at least. For all the hysterical comparisons, this isn't Putin's Russia. They aren't just kidnapping random citizens and disappearing them for participating in a protest. On the other hand, during "peaceful protests" when people start destroying the city under cover of the protest, yeah, I do want those people to be arrested and tried.

We're less than a year into the administration: think it's a little bit early to be assuming that those abuses of power won't happen.