Tuesday, June 22, 2004
Hiibel Case Decided
My disappointment with this Supreme Court continues. Yesterday, the Justices decided that anytime a police office asks you for your name you must respond, even if you have done nothing wrong. The consequences for not providing this information may be your arrest and a trip to jail. Think I am kidding? That's what happened to Larry Hiibel and here is an excellent piece about the case written by Cato's Timothy Lynch at the time the case was argued (Please see my March 22, 2004 post on the subject). Tim is also quoted by Linda Greenhouse in the New York Times coverage of the case. The Washington Post also does not side with the Court.
On the way home from work yesterday I heard a law school professor on the radio say that the decision came as a result of 9/11/01 and our need to fight terrorism. This is exactly why Hiibel should have been ruled the other way. When times are tough and the police and military are being pushed to gather personal information about us provides exactly the reason we need the protections contained in the Bill of Rights.
On the way home from work yesterday I heard a law school professor on the radio say that the decision came as a result of 9/11/01 and our need to fight terrorism. This is exactly why Hiibel should have been ruled the other way. When times are tough and the police and military are being pushed to gather personal information about us provides exactly the reason we need the protections contained in the Bill of Rights.