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Retric 23 days ago

> the Court tends to say things that didn’t exist are covered by constitutional rights.

Sure but drivers licenses exist when no similar requirements existed for horse drawn buggies because the clear increase in relative danger to the public. When comparing newspapers with radio, the limited spectrum on radio was accepted as justification for more restricted speech etc.

Really citing when the court ruled one way vs another is less important than recognizing which kinds of arguments tend to resonate with the court as in the end specific cases are arbitrary decisions influenced by the specifics of the case.

kube-system 22 days ago | parent [-]

> drivers licenses exist when no similar requirements existed for horse drawn buggies

They absolutely did.

https://www.tmlw.co.il/db/content/75d5befd0cba51b0639bbf1086...

Retric 22 days ago | parent [-]

Note the “one horse and one seat” bit.

That’s closer to a vehicle registration than a license for the driver.

That example also expires in 1880, but there’s various regulations around carriages going back to England in the 1600’s. They were more about congestion and taxes rather than the capabilities of the drivers the way a drivers license tests vision, knowledge of road rules, and practical skills is focused on just how amazingly dangerous cars are.

Critically, you can legally own a street legal car without a license and a license without a car.