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In oral arguments in Mexican Gulf v. US Department of Commerce, the panel of the US Appeals Court for the Fifth Circuit argued that a federal regulation requiring charter boats taking clients on recreational fishing trips to be tracked by the government 24/7 via GPS tracking is a violation of the constitution. The tracking is required whether the charter boats are being used for non-fishing and personal reasons.
The case hinges on the “closely regulated” exception to the Fourth Amendment. The exception was created because certain industries are so closely regulated that the expectation of privacy has been diminished.
Over the years, lower courts have expanded the “closely regulated” exception to include many industries just because the industries have some regulation.
In 2015, the Supreme Court attempted to stop the expansion of “closely regulated,” by ruling that the exception should not apply to an industry just because it is regulated. It said the exception was supposed to cover industries that are closely regulated because of the public danger risk it carries.
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In the Mexican Gulf v. US Department of Commerce case, a district court ruled in favor of the agency, arguing that fishing, whether commercial or recreational, is closely regulated.
However, Judge Elrod, of the Fifth Circuit, disagreed with the district court, arguing that commercial fishing is closely regulated, not fishing in general. She also noted that “constant tracking is different from periodic inspection,” adding that “constant monitoring of your every move by the government is frightening to most people.”
Another member of the panel, Judge Oldham, said that there was no “conceivable justification” for the GPS tracking requirement,” and justification for warrantless searches is required even for closely regulated industries.
Before leaving dock, charter boats are required to leave trip declaration reports and state whether or not they are taking their clients to fish. Government agencies claim that GPS tracking is required to verify the reports.
Chief Judge Richman asked how the GPS tracking is “necessary and appropriate” to government agencies regulatory purposes, as required by the applicable statute, without evidence of inaccurate reporting.
Judge Oldham asked, “what is the evidence that the trip declarations and the logbooks are inaccurate such that you need to validate them with a GPS tracker that applies 24/7 whether they are taking their families to dinner or they’re going across the cove to get gas?”
He concluded that GPS tracking is “a solution in search of a problem.”
The oral arguments indicate what direction the case will take. However, a ruling has not been handed down yet.
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Article cross-posted from Reclaim The Net.
Will America-First News Outlets Make it to 2023?
Things are looking grim for conservative and populist news sites.
There’s something happening behind the scenes at several popular conservative news outlets. 2021 was bad, but 2022 is proving to be disastrous for news sites that aren’t “playing ball” with the corporate media narrative. It’s being said that advertisers are cracking down, forcing some of the biggest ad networks like Google and Yahoo to pull their inventory from conservative outlets. This has had two major effects. First, it has cooled most conservative outlets from discussing “taboo” topics like Pandemic Panic Theater, voter fraud, or The Great Reset. Second, it has isolated those ad networks that aren’t playing ball.
Certain topics are anathema for most ad networks. Speaking out against vaccines or vaccine mandates is a certain path to being demonetized. Highlighting voter fraud in the 2020 and future elections is another instant advertising death penalty. Throw in truthful stories about climate change hysteria, Critical Race Theory, and the border crisis and it’s easy to understand how difficult it is for America-First news outlets to spread the facts, share conservative opinions, and still pay the bills.
Without naming names, I have been told of several news outlets who have been forced to either consolidate with larger organizations or who have backed down on covering certain topics out of fear of being “canceled” by the ad networks. I get it. This is a business for many of us and it’s not very profitable. Those of us who do this for a living are often barely squeaking by, so loss of additional revenue can often mean being forced to make cuts. That means not being able to cover the topics properly. Its a Catch-22: Tell the truth and lose the money necessary to keep telling the truth, or avoid the truth and make enough money to survive. Those who have chosen survival simply aren’t able to spread the truth properly.
We will never avoid the truth. The Lord will provide if it is His will. Our job is simply to share the facts, spread the Gospel, and educate as many Americans as possible while exposing the forces of evil.
To those who have the means, we ask that you please donate. We have options available now, but there is no telling when those options will cancel us. We have our GivingFuel page. There have been many who have been canceled by PayPal, but for now it’s still an option. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!
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