_Griswold v. Connecticut_ and Radar Detectors

This will be the 50th Anniversary of the monstrous _Griswold v. Connecticut_ (1965) case that established the fictional “right to privacy” and the notion of the “penumbral shadow” of the Bill of Rights, giving us _Roe v. Wade_ and a string of other anti-family and anti-life decisions.

The fundamental premise of the _Griswold_ case, which I was taught concerned a married couple who tried to purchase contraceptives at a pharmacy but actually was started by a Planned Parenthood director, is that laws banning the use of items that are used in private are unconstitutional, because to enforce them requires violating the 4th and 5th Amendments–yet the law, which ha been rarely enforced, was enforced in Griswold’s case by targeting the public business that provided the “private” service, not the couples using it.

Just as it is still technically illegal in South Carolina and some other states to privately own or use a deck of cards or a set of dice, even without gambling, there are plenty of things that are illegal to use in private but haven’t been ruled unconstitutional, and are legal to sell but not to use.  While I could come up with several examples, the one that comes most readily to mind is those radar detectors.  Another one that struck me a few years ago was when the federal government made it no longer a crime to change the SIM card in a cell phone (which had previously been considered hacking, yet seemed to be a common practice among some tech-savvy people).  Indeed, the entire “War on Drugs” should be “unconstitutional” according to _Griswold v. Connecticut_.

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2 responses to “_Griswold v. Connecticut_ and Radar Detectors

  1. One very local to me- it is illegal to *sell* certain classes of fireworks in Oregon, and illegal to *own* certain classes of fireworks in Washington- leading to a big fireworks warehouse store in Vancouver, Washington that sells mainly to fire departments for 4th of July celebrations, but which anybody with an Oregon license can shop at.

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