Originally Posted by
dbroncos78087
#1 the Constitution grants the federal government the ability to regulate interstate trade. Television, cell signal, etc. are all clearly connected to and aspects of interstate trade.
#2 Pornography, like any other video or communication is part of speech. There is both explicit and implicit speech involved. Flag burning is an expression of one's opinion, which is at the heart of free speech protections. The absolute best, somewhat plausible argument with the existing framework against it would be that burning the flag isn't peaceful protest. It would be incredibly weak, but it's better than anything else I've seen. Most arguments fail because they center around the "I'm triggered so it's bad" argument. The right to privacy is a pulled primarily from the 9th and 14th Amendments. The right to privacy and ability to make one's own medical decisions was based on existing case law and the interpretation of the equal protection clause in the 14th Amendment and the 9th Amendment. Conservatives love the 10th Amendment but often forget the 9th: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." It means that they don't have to list your right to order your eggs over medium for it to be protected.
#3 do you communicate with friends and family over any sort of electronic means? Because that communication can be surveilled without a warrant. The Patriot Act (along with many other laws before) spits on the first and fourth amendments and honestly doesn't treat the due process protections of the 5th Amendment either.
Want me to go into more depth?