Psychic Science has become a popular topic of discussion in the media recently. Several specials and reality shows have presented their expertise as psychics, while some individuals have been practicing “psychic shopping” at local shops and businesses. While this is a legitimate and useful business practice, and it is worth talking about, the same cannot be said for it being a legal precedent. There are some arguments on both sides of the issue. I will explore these below and hope that by the time you are finished reading this, you will have a better idea of whether or not psychic science is legal.
The first argument, which many are familiar with, is that the practices of psychic science, like so many other things in the world today, are a violation of the first amendment. That is, the right to free speech and expression in our country is not unlimited. There are some types of expression that are, on the surface, allowed, such as freedom of speech on the internet, and the press. However, there are often vices creeping into that concept, such as when a publisher sells ebooks containing only false and misleading information about a product to the public bieu do ngay sinh.
Proponents of psychic readings and mediumship claim that psychic reading and mediumship are protected under the first amendment. The second amendment, as interpreted by the federal constitution, secures the right to keep and bear arms and protects the right to worship. The court has previously ruled that the constitutional guarantee of the right to speech can extend to the states and has held that the regulation of the press was within the realm of the constitution. Therefore, proponents argue that under the California state constitution, a ban on mediumship would be unconstitutional.
Opponents argue that the ordinances are an overreaching exercise that is designed to stifle the free speech rights of citizens. This is based upon the argument that since the ordinances passed by the voters do not fall under the first amendment, or any other applicable clauses, they cannot withstand scrutiny under the scrutiny of the constitution. They further argue that a ban on any form of voodoo or fortune telling is clearly within the scope of the constitution, as it infringes upon the right to free speech. These claims have been largely dismissed by the courts, and no court has ever ruled that the constitution protects against all forms of speech, including scientific or intuitive predictions about the future.
Unfortunately, the California State Supreme Court has now stepped into this debate by ruling that the California Highway Patrol has a First Amendment right to ban anything it deems to be an improper influence on its roadways. While the court did not actually say that the ordinance was unconstitutionally written, they did conclude that the ordinance was a violation of the first amendment’s guarantee of the right to free speech. In essence, they found that the wording of the ordinance violates the guarantee of free speech because it prohibits anyone from influencing the highway. The court found that the ban placed an undue burden on drivers, especially in terms of safety, by making it impossible for them to make informed decisions about their own safety. The court further ruled that it was within the power of the state to ban the ban, because it infringes on the right of drivers to remain safe and keep themselves safe on the roads.
Many lawyers and scientists believe that the court’s reasoning is flawed, primarily due to the fact that the court only found one problem with the ordinance, namely the fact that it banned the practice of certain religions. However, the court did not rule out the possibility of banning all religion from the roadways. As a result, scientists are left with the difficult choice of appealing the decision to the United States Supreme Court or losing the case in California, and having the law declared unenforceable. If you are faced with this dilemma, you should contact a skilled criminal defense attorney who specializes in this area of the law. Together with a qualified attorney, you can determine if there is a valid argument for a dismissal of the case in California, and fight to keep your freedom and rights protected.