Most Popular Choices
Share on Facebook 28 Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 3/25/22

Why Is It You Can Host Terrorist Attacks & Drug Sales On the Web, But Not At Your Home?

By       (Page 1 of 3 pages)   No comments
Message Thom Hartmann
Become a Fan
  (139 fans)

Reprinted from hartmannreport.com

It's past time to update the "castle doctrine" for the internet

Internet
Internet
(Image by Pixabay: LoboStudioHamburg)
  Details   DMCA

There are castles on the Internet, and the rules they live under are quite different from those of your home or your business.

In this age of "Stand Your Ground" laws, and after the murder a decade ago last month of Trayvon Martin by a racist invoking them, most Americans are familiar with the concept of the "Castle Doctrine."

Sir Edward Coke, in The Institutes of the Laws of England, laid it out in 1628: "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge]." In that Latin phrase, he was citing a law ratified in 1275 by England's King Edward III.

For almost a thousands years, first British common law and today American constitutional law - and the laws of most nations around the world - have applied this simple concept, that you have a right to defend your home just as a castle can defend a royal family.

And while most people know explicitly about the protection offered by the Castle Doctrine in its various forms at law, most also know - although they rarely connect the two - the other face of that idea:

Not only is your home your refuge, but you are also responsible for what happens in it.

This is not particularly controversial. Consider this thought experiment:

Friday night your neighbor puts a sign out in front of his house saying, "Big Party Tonight! No Rules! Everybody Welcome!"

By 2 a.m. the whole house has filled up with criminals doing their thing: somebody's selling child porn in the kitchen, one bedroom has turned into a shooting gallery filled with addicts, while a heroin dealer has taken up residence in the living room. There's a knife fight going on in the backyard.

When the police show up they'll not only bust the reprobates; they'll also haul off your neighbor. After all, it was his home and he knew that criminal activity was going on inside it.

Like I said, that's not particularly controversial; it's been an aspect of the doctrine and laws around it since at least 1275 and probably for millennia before.

The same is true of businesses. If the manager of your local Home Depot, for example, decided to open the large spaces inside the store to criminal activity she would go to jail along with the criminals themselves.

Next Page  1  |  2  |  3

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Rate It | View Ratings

Thom Hartmann Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Thom Hartmann is a Project Censored Award-winning New York Times best-selling author, and host of a nationally syndicated daily progressive talk program on the Air America Radio Network, live noon-3 PM ET. www.thomhartmann.com His most recent books are "The Last Hours of Ancient Sunlight," "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," "We The People," "What Would Jefferson Do?," "Screwed: The Undeclared War Against the Middle (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

S&P Blames Republicans, Mainstream Media Fails to Report It

Globalization Is Killing The Globe: Return to Local Economies

The Uncanny, Frightening Ways That Trump's America Mirrors Hitler's Germany

The Great Tax Con Job

The Truth about the Trust Fund-- Destroying Social Security to Destroy the Two Party System

The Deciding Moment: The Theft of Human Right

To View Comments or Join the Conversation:

Tell A Friend