View Poll Results: Should the government be allowed to impose a curfew on adults?

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  • Yes

    10 17.86%
  • No

    19 33.93%
  • maybe under certian circumstances

    27 48.21%
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Thread: Should government be able to impose a curfew on adults?

  1. #31
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Excon View Post
    It is.



    Adult Curfews & Strict Scrutiny

    Curfews directed at adults touch upon fundamental constitutional rights and thus are subject to strict judicial scrutiny. The U. S. Supreme Court has ruled that "[t]he right to walk the streets, or to meet publicly with one's friends for a noble purpose or for no purpose at all—and to do so whenever one pleases—is an integral component of life in a free and ordered society." Papachristou v. City of Jacksonville, 405 US 156, 164, 31 L. Ed. 2d 110, 92 S. Ct 839 (1972).

    To satisfy strict-scrutiny analysis, a government-imposed curfew on adults must be supported by a compelling state interest that is narrowly tailored to serve the curfew's objective. Court's are loath to find that an interest advanced by the government is compelling. The more justifications that courts find to uphold a curfew on adults, the more watered-down becomes the fundamental right to travel and to associate with others in public places at all times of the day.

    The U.S. Supreme Court has ruled that this right may be legitimately curtailed when a community has been ravaged by flood, fire, or disease, or when its safety and Welfare are otherwise threatened. Zemel v. Rusk, 381 U.S. 1, 85 S. Ct. 1271, 14 L. Ed. 2d 179 (1965). The California Court of Appeals cited this ruling in a case that reviewed an order issued by the city of Long Beach, California, which declared a state of emergency and imposed curfews on all adults (and minors) within the city's confines after widespread civil disorder broke out following the Rodney G. King beating trial, in which four white Los Angeles police officers were acquitted of using excessive force in subduing an African-American motorist following a high-speed traffic chase. In re Juan C., 28 Cal. App. 4th 1093, 33 Cal. Rptr. 2d 919 (Cal. App. 1994).

    "Rioting, looting and burning," the California court wrote, "pose a similar threat to the safety and welfare of a community, and provide a compelling reason to impose a curfew." "The right to travel is a hollow promise when members of the community face the possibility of being beaten or shot by an unruly mob if they attempt to exercise this right," the court continued, and "[t]emporary restrictions on the right… are a reasonable means of reclaiming order from anarchy so that all might exercise their constitutional rights freely and safely."
    West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

    Curfew legal definition of Curfew
    I think the case law as cited above is reasonable. It should be confined to a the smallest area necessary and people in that area should be allowed to go out for the purpose of leaving the area whenever that is possible safely.

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    Re: Should government be able to impose a curfew on adults?

    I don't know whether government should have authority to impose a curfew. But I've never heard of a state where public safety officials did not have authority to impose a curfew where necessary to maintain law and order. I suppose if the majority of people in a state didn't like that, and wanted to encourage rioting, they could put something in the state constitution prohibiting any municipal government in the state from imposing curfews.

    I would think curfews are useful in maintaining order. Preventing large groups of people from congregating outdoors at night is obviously desirable when they are likely to riot. It's usually harder to get away with criminal violence during broad daylight.

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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Geoist View Post
    If a few adults acted like children should all of the adults be treated like children?
    `
    From my understanding of law, the constitution allows for a governmental body to err on the side of the "prevention of harm" over the existence or expansion of liberty and freedom. A temporary curfew, limiting the legal movement of all people during certain times, to maintain order and peace, during times of civil unrest for example, is perfectly legal and logically sound.

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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Paxaeon View Post
    `
    From my understanding of law, the constitution allows for a governmental body to err on the side of the "prevention of harm" over the existence or expansion of liberty and freedom.


    Well, I am looking at this from a moral viewpoint rather than a legalist one. But even then, I think that is a very broad requirement. Obviously everyone is safer with a curfew no matter the circumstance.

    A temporary curfew, limiting the legal movement of all people during certain times, to maintain order and peace, during times of civil unrest for example, is perfectly legal and logically sound.
    Here in Chicago, we have areas that are in a constant state of civil unrest. It may not be getting the news that Ferguson is getting, but far more die on the average weekend over here.

    7 Killed, 29 Wounded in Spate of Weekend Chicago Violence | NBC Chicago
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Geoist View Post
    No, adults are not children and should not be treated like children.
    I don't know man, I've seen some very childish adults before, my moron brother would be the first.
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Luftwaffe View Post
    I don't know man, I've seen some very childish adults before, my moron brother would be the first.
    Well, as soon as he violates another person's rights then the police should do something about it.
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Hard Truth View Post
    I think the case law as cited above is reasonable. It should be confined to a the smallest area necessary and people in that area should be allowed to go out for the purpose of leaving the area whenever that is possible safely.
    So do I. In substantive due process and equal protection suits involving fundamental rights, the Supreme Court applies its strict scrutiny standard to the government action that restricts those rights. For this purpose, the Court considers all First Amendment rights fundamental, and the ones a challenge to a curfew would probably invoke are freedom of assembly and freedom of association. In some situations, I can imagine the freedom of speech also being involved. And the Court has also recognized a fundamental right to interstate travel, which as the article mentions might come into play.

    As that article also notes, the fact a law restricts a fundamental right does not by itself make it unconstitutional. It just means that the government has to show the restriction is necessary (the Court has also used the phrase "narrowly tailored") to achieve a compelling government interest. In other words, the government has to show there's a very important purpose for what it's doing, and that there is no other effective way of doing it that would intrude less on the right.

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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Geoist View Post
    Well, as soon as he violates another person's rights then the police should do something about it.
    Like a curfew? :P
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by Luftwaffe View Post
    Like a curfew? :P
    Like arrest the offender. How about that?
    "Men did not make the earth ... it is the value of the improvement only, and not the earth itself, that is individual property... Every proprietor owes to the community a ground rent for the land which he holds." -- Thomas Paine, Agrarian Justice
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    Re: Should government be able to impose a curfew on adults?

    Quote Originally Posted by jamesrage View Post
    Should government be able to impose a curfew on adults?


    I say no.Government is the servant of the people not the boss of the people. If a few bad apples are rioting and looting then get the police to arrest those individuals. Government has absolutely no business telling the people when they can and can't leave their homes.
    When justified it's a good way to know who should be out (coming/going to legit personal business) and should not (looters etc. roaming after natural and man-made disasters). A polite stop and check intent would be fine with me. Have been through that with NG after F5 tornado.
    Quote Originally Posted by jet57 View Post
    If certain gun guys are insulted by that? Good, they should be ashamed: the rest of US are sick and tired of having our intelligence insulted[/i].



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