Two Oklahoma Law Enforcement Agencies Possess Stingrays; State Legislation Needed to Limit Use

Two Oklahoma law enforcement agencies have acquired or used devices to track and collect information from cellphones. This demonstrates the need for state legislation to limit their use. According to Oklahoma Watch, the Oklahoma Bureau of Narcotics and Dangerous Drugs possesses a stingray device used to collect cellphone data but has never used it, while…

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No REAL ID for Kentucky Thanks to Governor’s Veto

FRANKFORT, Ky. (May 3, 2016) – In a surprise move, Kentucky Gov. Matt Bevin vetoed a bill that would have set the state on the path toward compliance REAL ID. With the veto, the state will continue to refuse to implement the national identification system. The Kentucky Senate passed SB245 by a 26-12 vote on…

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New Rules in States Could Help Expand Marijuana Market; Further Nullify Federal Prohibition in Practice

Recently, several states have taken steps toward expanding their marijuana markets by removing restrictions on out of state investors, a move that will serve to further nullify federal prohibition in effect. According to the LA Times, the Washington State Liquor and Cannabis Board amended its rule to allow out-of-state investors to finance recreational marijuana businesses.…

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Rhode Island House Committee Passes Right to Try Act to Reject Some FDA Restrictions on Terminal Patients

PROVIDENCE, R.I. (May 2, 2016) – Last Wednesday, a Rhode Island House committee passed a bill that would set the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Introduced by Rep. Joseph McNamara, House Bill 7156 (H7156) would give terminally ill…

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Massachusetts Senate Committee Passes Bill to Expand Raw Milk Sales; Set Foundation to Nullify Federal Prohibition Scheme

BOSTON, Mass. (May 2, 2016) – An agriculture bill that would expand raw milk sales in the state was approved by an important Senate committee last week. Passage of the bill into law would facilitate the process of nullifying the federal prohibition scheme in practice. The Senate Ways and Means Committee created Senate Bill 2258 (S.2258)…

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Proposed Manhattan Beach License Plate Tracking System Shows Need for State Limits on ALPRs

MANHATTAN BEACH, Calif. (May 2, 2016) – Last month, the Manhattan Beach City Council approved a measure to fund a network of automatic license plate reader (ALPR) cameras that would scan every vehicle at seven entry points into the city. State legislation could curb such intrusive use of surveillance technology. According to the Beach Reporter, the…

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Podcast: The Incorporation Doctrine and the 14th Amendment

In this episode of Thoughts from Maharrey Head,  I explain the incorporation doctrine and the original intent of the 14th Amendment. More than five decades after the ratification the 14th Amendment, the Supreme Court suddenly pulled an entirely new doctrine from it – virtually out of thin air. The court held that 14th Amendment applies…

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New Hampshire Senate Passes Bill Taking on Drone Spying; Would Also Hinder Some Federal Surveillance

CONCORD, N.H. (May 1, 2016) – Last week, the New Hampshire Senate passed a bill that would restrict the warrantless or weaponized use of drones by state and local law enforcement. The legislation would not only establish important privacy protections at the state level, it would also help thwart the federal surveillance state. Rep. Neil…

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Rhode Island House Committee Holds Hearing on Bill to Limit Warrantless Drone Surveillance

PROVIDENCE, R.I. (April 30, 2016) – A Rhode Island bill that would restrict the use of drones by state and local law enforcement had its first committee hearing this week. The legislation would not only establish important privacy protections at the state level, but would also help thwart the federal surveillance state. Rep. Blake Filippi…

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Missouri House Kills Medical Marijuana Bill; Fight Moving to the Ballot

JEFFERSON CITY, Mo. (Apr. 29, 2016) – A Missouri bill that would have legalized medical marijuana was voted down by the Missouri House of Representatives last week. Had the bill been signed into law, it would have set the stage to nullify in practice the federal prohibition on marijuana. But the fight for medical marijuana…

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