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Though the courts can and should be used for the more extreme cases.
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I would suggest that Smog was one of those cases.
The way I see it is freedom should be at the core of everything.
Before you can touch freedom, you should have to break through a number of shells, that question why you want to affect that freedom.
If you bust through all of those shells, then you have to go to democracy (real democracy, not the fake **** we have now), to decide the best way to go.