"[I]t would establish restraining orders as de facto Constitutional entitlements, the enforcement of which are guaranteed by procedural due process; and, second, it would hold state police federally liable for actions they did not take rather than for their bad acts."
As tragic as this story is, the cure is worse than the disease. Innocent victims could be denied fundamental rights without due process--based solely on the say-so of a spiteful accuser. RO's are routinely issued in divorces, even though a spouse may be the most gentle soul in the world.
Society does not have the resources to provide everyone a 24/7 bodyguard, and imagine the totalitarian outcome if it tried. The truth is, we're each of us ultimately responsible for our own defense. That's the way it's always been. To deny that is to deny reality.
This proposal makes about as much sense as balcony control.
Thursday, March 31, 2005
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