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The tide is FINALLY starting to turn, as courts begin to address the myriad unconstitutional government infringements of our rights over the past year. The First District Court of Appeal in the State of Florida ruled today that the government can’t simply assert an “emergency” as a justification to violate our fundamental rights. The court further held that IF the government does indeed have a compelling interest in regulating behavior, courts must apply “strict scrutiny” to determine whether it has chosen the least-restrictive means possible to accomplish the desired result.
The case, Green v. Alachua County, was an appeal from a lower court ruling that denied Plaintiff Justin Green’s motion for a temporary injunction against the County to suspend enforcement of its mask mandate. The appellate court reversed the lower court ruling, saying that the trial court did not apply the correct legal standard of strict scrutiny to reach its decision.
In most circumstances, governments are given wide latitude and broad regulatory discretion, and courts will accord due deference to executive branch decisions about the extent of their authority to act, provided that there is “a reasonable, rational nexus” between the end sought and the action taken. However, whenever executive branch action impacts a fundamental right, the standard shifts from “reasonable, rational nexus” to “strict scrutiny” and the burden of proof shifts from the plaintiff alleging that his or her rights have been violated to the executive branch defendant to prove that it chose the least-restrictive means of achieving the desired objective.
Strict scrutiny entails a two-part test. First, does the government have a compelling interest in the regulation issued? An example of a compelling interest would be seizure and drainage of swampland that was a hazard to health, say by being a breeding ground for disease-carrying mosquitoes. Second, if the government meets the compelling interest test, did it select the narrowest, most targeted solution? In our swampland example, did the government seize the least amount of land? Were there other, less-restrictive alternatives, such as spraying insecticide? Or would spraying perhaps pose a bigger health risk than the mosquitoes? Courts frequently are […]
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Yes, We Need Your Help
I hate being “that guy” who asks people to donate because I think our conservative news network is so crucial, but here I am…
When I left my cushy corporate job in 2017, I did so knowing that my family would have to make sacrifices. But I couldn’t continue to watch the nation slip into oblivion and was inspired by President Trump’s willingness to fight the good fight even at his own personal expense. What I didn’t realize then is that conservative media would be so heavily attacked, canceled, and defunded that the sacrifices would be extreme.
Many in this nation are struggling right now even though we weren’t struggling just a few years ago. I’m not alone. But I wake up every morning and operate the sites we’ve been able to build because there’s really no other choice. I refuse to be beholden to Big Tech like so many other conservative news outlets, which is why you won’t see Google ads here. With that said, it’s often challenging to pay the bills and it’s even harder to expand so we can get the America First message out to a wider audience.
The economic downturn has forced me to make a plea for help. Between cancel culture, lockdowns, and diminishing ad revenue, we need financial assistance in order to continue to spread the truth. We ask all who have the means, please donate through our Giving Fuel. Your generosity is what keeps these sites running and allows us to expand our reach so the truth can get to the masses. We’ve had great success in growing but we know we can do more with your assistance.
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I would even be willing to entertain investments and partnerships at this stage. I’ve turned them down in the past because editorial purity is extremely important. I’ll turn them down again if anyone wants us to start supporting RINOs or avoid “taboo” topics like voter fraud, vaccines, or transgender supremacy. But I’d talk to fellow America First patriots who want to help any (or all) of our 10 news sites. Hit me up at jdrucker (at) substack (dot) com if you’re interested.
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