Typically, courts being asked to implicate a fundamental right, like not to have something injected into your body against your will, require the state to prove that its plan is the least restrictive alternative. You don’t go from zero to 60 when it comes to rights; you first go to 10.
In other words, the state has to show not only a compelling interest, and I mean really compelling, but that its plan is the only possible way to achieve the necessary results. But libs do not even try to do that. They attempt to establish a basic principle, but never actually apply it. They just assume it applies because it could, possibly.
This is very common when liberals challenge fundamental rights. For instance, when they talk about your right to keep and bear arms, they will point to the rare situations where someone might not be allowed to keep and bear arms, and then assume that this applies in every situation. “We can keep felons from having guns, so we can regulate guns however we want and take your AR15!”
The giveaway to look for is when their focus is entirely on the exceptions to the right, rather than the basic principle embodied by the right itself. They never wanna talk about that.
With guns, it’s the few times guns can be regulated. With free speech, it’s always that idiotic fire in a crowded theater thing from a long-superseded case where the SCOTUS allowed the government to jail you for protesting the government. No wonder the libs love it.
The default is the right. It’s only in the rarest [of] circumstances that the right can be overcome.
— Kurt Schlichter in Liberals Hate That You Have Rights
