Is Suing The Answer To Fixing Freedom Issues?
Compelling on it’s face the idea of mass lawsuits has difficultly in practical reality
A lot of folks approach us at the American Freedom Information Institute, Inc. about potential lawsuits.
The idea is usually something like “if we sue everyone, especially if we sue lots of people at once - the courts will find out they are wrong and we’ll win everything.”
While enticing there are a number of practical issues.
For one thing most ideas involve suing the government. And the government generally has lots of resources to defend cases.
Second, the courts have often agreed with the government. We are far enough into the pandemic to see the courts often side with the government.
And in many places, like Florida, the written laws are often terribly anti-freedom (see our prior posts on this).
If the written law is bad it’s hard to get a court to do much but follow the law. Invalidating laws on constitutional grounds is always possible. But, to date, constitutional challenges to anti-freedom measures for Covid haven’t done terribly well with the courts.
Court cases have their time and place but they have serious limitations.
We believe here at the American Freedom Information Institute, Inc. that the most likely path to victory is changing the laws or constitution.
Shawn
NOTE: While legal issues are discussed this is education and is not legal advice. It is not a substitute for the advice of an attorney. Please consult your own attorney on your situation and to get legal advice about your circumstances. Courts are unpredictable may disagree with the author’s opinions.
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