alt Hacker NewsOne of the hallmarks of authoritarianism is to have laws that are virtually impossible to not break.
I hope this gets tested in court and declared unconstitutional for being overly vague and arbitrary. For example, Montana used to have some maximum speed limits that were just "reasonable and prudent", but they were eventually rejected by courts as being too vague (what's prudent to you may not be prudent to someone else). This is similar, in that the FAA has a no fly zone but they don't actually publish what it is.
Catch-22 and 1984 weren't supposed to be instruction manuals.
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One time I was racing across the country in a moving van because my wife was injured. The truck was speed-governed to 75 mph, which I was sitting at for most of the trip. I have a picture of the back of a school bus that handily passed me by on highway 90 :-)
The gun free school zone act has been upheld even though you could be within 1000 ft of one with no real indication there is one there. Supposedly you can only be convicted for doing it knowingly, but IIRC knowingly has been interpreted to mean as little as you live near the area so reasonably should have known.
Also note, i.e. stuff like statutory rape has been upheld even in cases where the perpetrator in all good faith thought the victim was 18+, the victim initiated selling the services, and the victim provided fake ID showing they were 18+.
So there is not necessarily any need for mens rea in the US legal system.
Speed limits are biology and physics derived. The eye has a max speed, over which it starts to rewrite the history of what you saw. Everytime you have been "frozzen in fear" the first few milliseconds are just the eye rewriting the logs.
So you take that the saccade speed (https://en.wikipedia.org/wiki/Saccade) + speed of visual buffer reaction + reasonable time to break and you get a max speed for that.
Same goes when you have two points of attention, like traffic in front of you and merging traffic, the speed gets reduced to compensate.
> I hope this gets tested in court and declared unconstitutional
The rule of law has left the building. The SC is willing to rubber-stamp nearly anything right now.
Waiting and hoping for common sense to prevail is what allows authoritarian regimes to bulldoze through existing laws and norms. Even if the courts were an avenue for redress, they are being overwhelmed by the daily barrage of new illegal and unconstitutional actions. Once the courts get around to addressing these cases, the damage has been done and the precedent has been set.