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The problem is its often not clear that the government is violating the constitution until after a court has ruled that they have violated it. People can have r
by benmmurphy 1y ago
The problem is its often not clear that the government is violating the constitution until after a court has ruled that they have violated it. People can have reasonable beliefs that what they are doing is constitutional and then a court rules differently and suddenly they have a civil liability or potential criminal liability.
- Eddy_Viscosity2 1y agoThere are absolutely situations were there can be constitutional ambiguity and in those cases, that can be taken into account by courts when assessing liability. Like if it was reasonable for a person in that position to assume they were acting in accordance with the law, then the court can find they aren't liable. The problem is that pre-assigning blanket immunity means that government officials can (and do) knowingly violate people's rights because there is no penalty for doing so.