The Oregon Board of Examiners for Engineering and Land Surveying said Järlström practiced engineering without a license each time he critiqued the traffic-light system and identified himself as an engineer in correspondence. The board, a semi-independent panel whose members are appointed by the governor, funds itself through licensing and registration fees. The licensing board said that without an engineering license from the state, Järlström broke the law if he even referred to himself using the word engineer. [More]See, he's neither an "Only One" nor has he been "authorized."
A formality is first required:
Unless you're a gunquack.
[Via Matthew L]
Legal Scholars indicate that 'the right to work', to contract your labor, your skill, and your time as one sees fit, is a guarantee of the first amendment. Marbury v. Madison, 5 U.S. 137 says that the Constitution and the Bill of Rights are the supreme law of the land. Yea, I know, preaching to the choir, but "No state may convert a secured liberty into a privilege, and issue a license and fee for it." MURDOCK v. PENNSYLVANIA, 319 U.S. 105 and "If the state does convert a right into a privilege and issue a license and charge a fee for it, you can ignore the license and fee and engage in the right with impunity." SHUTTLESWORTH V. BIRMINGHAM, ALABAMA, 373 U.S. 262, so Mr. Jarlstrom need only hire a good attorney and win his case.
ReplyDeleteHinMO
In fact, Mr. Jarlstrom has hired one of the best law firms in the USA — for free.
ReplyDeletehttp://ij.org/case/oregon-engineering-speech/
Chicken*t government harassment like this is routinely and throughly trounced by the able litigators at the Institute for Justice, who prosecute outrageous economic liberty, first amendment, school choice, and property rights cases on an entirely pro-bono basis.
Donations from appreciative lovers of liberty keep these lawyers fighting for us. I donate majorly to these people because they win majorly. Probably their most famous case — Kelo — was actually a loss… which they proceeded to turn into a win in 45 state legislatures (https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/06/04/the-political-and-judicial-reaction-to-kelo).