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.
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?”
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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.
Article cross-posted from Reclaim The Net.
Most “Conservative” News Outlets Are on the Big Tech Teat
Not long ago, conservative media was not beholden to anyone. Today, most sites are stuck on the Big Tech gravy train.
I’ll keep this short. The rise of Pandemic Panic Theater, massive voter fraud, and other “taboo” topics have neutered a majority of conservative news sites. You’ll notice they are very careful about what topics they tackle. Sure, they’ll attack Critical Race Theory, Antifa, and the Biden-Harris regime, but you won’t see them going after George Soros, Bill Gates, the World Economic Forum, or the Deep State, among others.
The reason is simple. They are beholden to Big Tech, and Big Tech doesn’t allow certain topics to be discussed or they’ll cut you off. Far too many conservative news outlets rely on Google, Facebook, and Twitter for the bulk of their traffic. They depend on big checks from Google ads to keep the sites running. I don’t necessarily hold it against them. We all do what we need to do to survive. I just wish more would do like we have, which is to cut out Big Tech altogether.
We don’t get Google checks. We don’t have Facebook or Twitter buttons on our stories. We don’t have a YouTube Channel (banned), an Instagram profile (never made one), or a TikTok (no thanks, CCP). We’re not perfect, but we’re doing everything we can to not owe anything to anyone… other than our readers. We owe YOU the truth. We owe YOU the facts that others won’t reveal about topics that others won’t tackle. And we owe America, this great land that allows us to take hold of these opportunities.
Like I said, I don’t hold other conservative sites under too much scrutiny over their choices. It’s easy for people to point fingers when we’re not the ones paying their bills or supporting their families. I just wish there were more who would make the bold move. Today, only a handful of other major conservative news outlets have broken free from the Big Tech teat. Of course, we need help.
The best way you can help us grow and continue to bring proper news and opinions to the people is by donating. We appreciate everything, whether a dollar or $10,000. Anything brings us closer to a point of stability when we can hire writers, editors, and support staff to make the America First message louder. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal or Bitcoin as well. Bitcoin: 3A1ELVhGgrwrypwTJhPwnaTVGmuqyQrMB8
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We are also building partnerships with great conservative sites like The Liberty Daily and The Epoch Times to advance the message as loudly as possible, and we’re always looking for others with which to partner.
Some of our content is spread across multiple sites. Other pieces of content are unique. We write most of what we post but we also draw from those willing to allow us to share their quality articles, videos, and podcasts. We collect the best content from fellow conservative sites that give us permission to republish them. We’re not ego-driven; I’d much rather post a properly attributed story written by experts like Dr. Joseph Mercola or Natural News than rewrite it like so many outlets like to do. We’re not here to take credit. We’re here to spread the truth.
While donations are the best way to help, you can also support us by buying through our sponsors:
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- MyPatriotSupply: Stock up on long-term food, survival gear, and other things that you’ll need just in case things don’t recover and we keep heading towards apocalypse.
We know we could make a lot more money if we sold out like so many “conservative” publications out there. You won’t find Google ads on our site for a reason. Yes, they’re lucrative, but I don’t like getting paid by minions of Satan (I don’t like Google very much if you couldn’t tell).
Time is short. As the world spirals towards The Great Reset, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report and the other sites in the network going. Our promise is this: We will never sell out America. If that means we’re going to struggle for a while or even indefinitely, so be it. Integrity first. Truth first. America first.
Thank you and God Bless,
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