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View Diary: Justice Scalia: Democracy's Not For Babies (234 comments)

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  •  and here's what to do about that: (2+ / 0-)
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    BruinKid, EeDan

    First of all consider the risks of people who are victims of persistent stalkers.   Even when the stalker gets out of prison, he (it's almost always a "he") will carry the grudge and attempt to track down and terrorize the victim.

    I know this well because I helped send a violent stalker to prison: someone with a history of planting bombs to blow up his targets.  I got my address confidentialized under court order, using the same statute that applies to judges and police officers.  So I'm safe.

    But stalking victims and others who have reason to fear for their lives should not be forced to choose between participation and their personal safety.  So here's what to do about that.

    First of all, allow any person to register a legal address consisting of a PO box or private mailbox that is within or as near as possible to their voting district or their zipcode.  As part of the procedure, their physical residential address would have to be registered with the local Registrar of Voters, or with their local police or county sheriff, where it would remain confidential but available for specified legal uses.

    Second, allow use of the legal address for all public records including petition signatures.  

    Third, prohibit "residential protests" as a 4th Amendment violation:  "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."  This is not a prohibition merely on action by Congress, per the 1st Amendment "Congress shall make no law...", it is a broader right, against all who would violate it.  Including mobs who are out to intimidate and threaten.  

    These three components would still provide enough information to enable interested parties to verify petition signatures and communicate with signers (by sending them postal mail to their legal addresses).  It doesn't stop the risk of sending deadly things through the mail (bombs, poison, anthrax) but those things are far more under the potential victim's control than an assassin's bullet aimed through a kitchen window or a bomb planted under one's automobile.

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