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Old 12-14-05, 10:18 PM
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Bruce Rosar
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Originally Posted by nicomachus
[...] what Supreme Court case established the right to travel.
Quoting from a state Supreme Court decision:
The right to travel has long been recognized by the courts as inherent in our constitutional concepts of personal liberty...Because that right is fundamental, the [U.S. Supreme] Court reasoned, "any classification which serves to penalize the exercise of that right, unless shown to be necessary to promote a compelling government interest, is unconstitutional."
U.S. courts have consistently held that the extraordinary danger to others and their property posed by heavy equipment operation (including driving heavy motor vehicles) in a public area (such as a road) is such a compelling government interest. In contrast, human powered travel (whether on foot or wheel) has not been held to create a level of danger to others that would allow the state (i.e., government) to infringe upon a person's right to travel on that basis.
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Last edited by Bruce Rosar; 12-14-05 at 10:42 PM.
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