@camhigby Your'e not that guy.
Multiple federal courts have allowed 4A challenges to ALPR/Flock systems, noting similarities to Carpenter v United States. A 2025 Virginia case (Schmidt v. City of Norfolk ) found plaintiffs plausibly alleged a privacy violation from vehicle tracking.
@TheLastRefuge2 Sure, i'll spell it out for you. CCTV systems that are restricted to localized environments, instantiated and administered by State and Local governments, is wildly different than a private company building a nationwide network open to most any entity paying a subscription.
@Drogdor1 Really tired of the "don't hurt the independent owners" argument. This is basically using them as a human shield to try to protect corporate shenanigans.
@zkwerrell@TheDronetek@thevivafrei You cant say in one hand "it can be used persuasively" and it "literally has no bearing" in the other.
Conversely you've provided nothing that unequivocally binds bens actions to "stalking".
Feel free to continue to throw derogatory epithets. Speaks volumes about you
@zkwerrell@TheDronetek@thevivafrei Utah has no case law and follows IIED, So a plaintiff must prove:
-Outrageous and intolerable conduct
-Intent or reckless disregard of causing distress.
-Severe/extreme emotional distress.
-The defendant's conduct PROXIMATELY caused the distress.
https://t.co/oDy1Jgi2Nb
@zkwerrell@TheDronetek@thevivafrei https://t.co/LH33bVS4y8
Similar logic applies: anxiety from "being caught" for malfeasance isn't distress from the investigator's (alleged) smear.
Hustler Magazine v. Falwell and Snyder v. Phelps: the Court set high bars for emotional distress claims involving 1A
Ignore me
@zkwerrell@TheDronetek@thevivafrei No, it is neither literally nor figuratively emotional distress. Its a physiological response. Regardless, what matters is what is causing the claim of distress. Is it ben "smearing" them or is it ben "exposing" real malfeasance?
The root of the "distress" seems to be the latter
@Drogdor1 Its Brandon Best, co owner with Josh. This is when Ki from corporate was on the phone stating he (Brandon) was responsible for taking on the consignment.
@zkwerrell@TheDronetek@thevivafrei The statute defines “emotional distress” as “significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.”
Its still entirely subjective.
A reasonable innocent person wouldn't be distressed, they'd be angry.
@zkwerrell@TheDronetek@thevivafrei Define emotional distress.
Is it Ben causing distress? or is it Josh and BaM's collective actions coming to light that is causing emotional distress?
Would a reasonable person commit white collar crime and actively work to cover it up?
If he's innocent he wouldnt be distressed.
@NewsBlast17 No, the Caduceus is not a sign for medicine. It is Hermes' staff who is associated with commerce, thieves, and travelers. The caduceus could put people to sleep to receive messages from the gods.
The single snake rod of Asclepius is associated with medicine.
@ArcherSys@pnwguerrilla Dude seems to be pushing a lot of FUD... ostensibly to "build awareness" but in reality engagement farming so he can hock his wares.