Laws & Freedom: In Practice

At the very top there exists the fundamental rights that the laws of the Liminal State must not violate. These are inherent, universal, and inalienable rights belonging to every Sentient Being, simply by virtue of being sentient, and are detailed under current international law as The Universal Declaration of Human Rights (UDHR).

Note: the Liminal State recognizes the language replacement of “Human Being", "Person", or "All” with “Sentient Being,” and enforcement is upheld to this standard. Any references within the Liminal State documentation to “people” assumes “Sentient Beings.”

The following are expansions, additions, and modification to the UDHR under the Liminal State, and apply to Citizens and Non-Citizens alike:

Article 1 Expansion

1. The Liminal State regards all people as inherently equal and all must be treated with absolute equality in public, business, and government matters.
   1. No laws may be enacted that overtly or in effect targets a subset of one or more of the pre-defined groups. These groups are Non-Citizens, Protected Citizens, and Emancipated Citizens.
   2. In no case shall the delineation of these pre-defined groups be used as pretext to deprived any person of their intrinsic rights given them by virtue of the UDHR.
      1. The Citizens may choose to limit their own freedoms for the benefit of their community. They will be given wide latitude when it comes to laws impacting Protected Citizens and Emancipated Citizens within their communities, so long as these laws respect the fundamental laws of the Liminal State.
      2. The Liminal State will be entirely responsible for any laws governing Non-Citizens, as this group cannot vote and does not have representation, therefore they are considered a protected group.
   3. All businesses must serve the Citizens equally.
      1. Only by virtue of the Citizens (via their power vested in the government) are businesses authorized to exist and operate, therefore business are prohibited from limiting service to any subset of the predefined groups.
      2. Protected Citizens may have additional rights and protections in regards to business practices.
   4. Any laws or regulations enacted that regulate businesses must be applicable to all related businesses.

Example 1: No law may specifically target TikToc, though a law targeting all social media would be allowed.

Article 3 Modification

1. Any person or entity that would sue another individual or entity must first go through the following steps before a lawsuit will be permitted to move forward:
   1. The plaintiff must prove to the court that they have a reasonable chance of winning.
   2. If successful, the defendant must then be given 60 days following their notification to file a rejection of the claim on the grounds that it is an attempt at harassment, silencing free or protected speech, intimidating the defendant, or for some other unlawful reason.
   3. If the defendant is successful in this action, the plaintiff must pay to the defendant whichever of the following is the greatest amount:
      1. 10x the amount of fees paid by the defendant for legal council.
      2. 10x the fees that would have been paid at the average community rate, whether the defendant retained council or not.
      3. 10x the amount the plaintiff paid to their lawyers to take this unlawful action.
2. The Liminal State, as the representation of society's will, may require certain actions that could be interpreted as a violation of a person's right to security where this overlaps with society's other rights and welfare.
   1. Only society may over-rule an Emancipated Citizen's right to security of person using the 80% rule - for example in the case of vaccine requirements.
      1. Communities have the right to pass laws that restrict the behavior of outsiders within their community, even if that outsider has that right in their own community.
      2. Communities have the right to restrict access to their community only in vary narrow circumstances where the physical health of that community could be adversely impacted by the entrance of non-conforming outside Citizens, and only after review and pre-approval by the Justice Branch.
         1. For example, if one community requires all residents receive a vaccine, then entrance by outsiders could be restricted to only those who have also received the vaccine, even if the outsider's community does not require the vaccine.
         2. The community restricting access to outsiders must provide the remedy for the restriction to outsides.
            1. Example 1: outsiders not having taken a vaccine could take the vaccine and follow appropriate protocol before entering the community.
            2. Example 2: if a community does not allow guns in their community, then outsiders must be allowed to lock up their guns at the Political Boundary of that community and retrieve them on their way back out.
   2. The Liminal State is the final authority on safeguarding the Non-Citizen's and Protected Citizen's security of person.

Article 5 Expansion

1. The Liminal State will only use compassion, empathy, and rehabilitation in conjunction with violations of the law.
2. Execution and physical, mental, or social punishments will never be used on Citizens or Non-Citizens.

Article 7 Expansion

1. All people before the law have the right to communicate in their native language, therefore interpreters (people or artificial) shall be made available to anyone in need.
2. Non-Citizens will be afforded the same protections and rights as Citizens in regards to violations of the law.
3. All Non-Citizens will be obligated to test and see if they qualify as Emancipated (although this does not grant citizenship), to determine if they will be treated as Protected or Emancipated individuals under the law.

Article 10 Expansion

1. Detention facilities shall immediately allow the detainee to notify (without charge) a family member or closest contact, based on the detainee's preference, of their detention and be provided reasonably immediate access. The detainee may contact as many people as necessary until contact has been successful.
2. A detainee will meet with a group of three (a lawyer, a social worker, and a health worker) within 24 hours of their detainment.
   1. The all three shall assess the situation and provide appropriate help and resources.
      1. Under the law, detainees are afforded the same protections in regards to these three as is currently the case with a lawyer.
         1. These three may never be compelled to testify against the detainee.
         2. These three are to keep anything the detainee tells them in strict confidence, except as necessary to render appropriate care (in which case those included in that care are also bound to confidence).
      2. The first step in rehabilitation will be to determine the circumstances prompting the individual to violate the law and then to get them whatever help is necessary to ensure further violations don't continue (rehab, counseling, financial services, etc.).
      3. The primary goal of this methodology is to catch Citizens in need before they fall, and prevent additional crimes and societal costs that might come of their otherwise diminished situations.
3. The detained shall not be moved to another facility outside the local Political Boundary unless found guilty and then by court order, or if the three deem it in the best interest of the detainee for their rehabilitation and with the agreement of the detainee.
4. No legal processes may begin against a detainee until the detainee has met with the three and then with their lawyer present.
5. Law enforcement will not question a detainee following their arrest without their lawyer present.
6. A detainee who has not met with the three within 24 hours of their detainment (including weekends) will be immediately freed on a personal recognizance bond (electronic tracking is permissible at the Liminal State's expense).
7. A detainee who has not been seen by a judge within 24 hours of their detainment (including weekends) will be immediately freed on a personal recognizance bond (electronic tracking is permissible at the Liminal State's expense).
8. Monetary bonds will never be used.
9. A detainee may only be held longer if:
   1. The courts have deemed the detainee an immediate threat to themselves or others and no technological remedy exists to prevent that threat.
   2. The rehabilitation experts have deemed the detainee in need of immediate rehabilitation and have reasonable evidence (as judged by the Justice Branch) that the detainee will not follow through with the rehabilitation if released.
   3. The detainee has violated the terms of a personal recognizance bond for any open case.

Article 11 Expansion

1. Protection Against Self-Incrimination - The accused will not be forced to testify against themselves nor shall anyone be forced to incriminate themselves.
2. Family Testimonial Privilege - The immediate family of the accused will not be forced to testify against the accused.
3. Right To The Best Council - There are no public defenders in the Liminal State to ensure the very best legal representation for all defendants, regardless of situation or their status. All lawyers, permitted to practice law by virtue of the Liminal State, are obligated to provide counsel to defendants.
   1. A lottery system will be used among all registered defense lawyers within the district to determine which lawyer will represent a defendant.
   2. Lawyers of defendants will be paid by the Liminal State the industry average wage within that community, which will be updated and set at least twice a year.
   3. Defendants may choose to employ other/additional counsel at their discretion and expense.

Article 12 Expansion

1. There will be no use of general surveillance within the Liminal State.
   1. The Liminal State, or any third party acting on behalf of the Liminal State, may never use general surveillance or general data collection of the people.
      1. Personalized data may only be collected in connection with the delivery of public services, law enforcement, and to carry out administrative responsibilities (i.e.: voter rolls, driver license issuance, benefit distribution, birth and death certificates, etc.), and only at the time service is rendered.
         1. No person shall otherwise be compelled to provide their personalized information.
         2. Any personalized data collected will be prohibited from external access and searches.
         3. All internal access or searches will be for official purposes only.
            1. Access and searches will require the confirmation from three authorized people.
            2. All access and searches will be logged, with that logged data being immutable.
            3. The person searched shall be immediately notified if this action is not directly relate to a service they are requesting.
      2. Non-personally identifiable information may be collected from the people in aggregate as part of normal government functions, such as issuing census reports, population information, and other statistical data.
   2. The Liminal State shall always work to collect less or no data rather than using lawful justifications to collect more.
2. Businesses operating within the Liminal State may not sell personally identifiable information, or any information (in part or aggregate) that could be used to personally identify individuals without the person's prior knowledge and approval.
   1. The government will maintain an opt-in database for Citizens that will obfuscate personally identifiable information for participating Citizens.
      1. Businesses will be compelled to use this database to verify age, city, or other general information about Citizens, thereby not having to collect this data from the Citizens directly.
      2. The database will be protected from being wide-searchable by the government or businesses, and personal information will be modifiable only by the Citizens themselves.
   2. The collection of data must always be an opt-in feature with a clear explanation of usage.
   3. The government will maintain an opt-out database on behalf of the Citizens that wish to have their information removed from business databases, and in which businesses must regularly check (no less than once a month) to remain compliant with regulations.
3. Citizens may not publish personally identifiable information about other Citizens without that person’s prior explicit permission.
4. Non-Citizens or businesses or other entities not entirely based and operating within the Liminal State may not collect nor publish any personally identifiable information about Liminal State Citizens.

Article 16 Expansion

1. All Emancipated Citizens or Citizens of legal age have a right to marry any other Emancipated Citizen or Citizen of legal age.
2. All married Citizens have the right to divorce.
3. All married Citizens and Emancipated Citizens have a right to adopt children. Further, non-discriminatory, qualifications are understood.
4. No person shall be compelled to have children.

Article 17.2 Modification

1. The Liminal State reserves the right to assume real estate property ownership and management on behalf of the public in lieu of collecting all other taxes.
2. Under no circumstances shall a person be deprived of their property by the Liminal State to specifically benefit commercial purposes or other businesses.
3. Should the Liminal State deem it necessary to deprive a person or business of real estate property belonging to them, the person or business shall be compensated at 200% of the current appraised market value.
   1. If the purpose is in lieu of collecting other taxes (17.2.1), that person or business will be given first right of use.
   2. In any other case, should the use not be fulfilled as provided for in the eminent domain action and the property remain unused, the person or business will again be given their property back and without the requirement of (re)payment.
4. No person or business shall otherwise be arbitrarily deprived of lawfully possessed property.

Article 18 Expansion

1. The Liminal State will protect the right of free thought and practice of all religions and beliefs, whether formally recognized or not, so long as those practices do not violate any fundamental laws of the Liminal State.
   1. To protect every person's right to their own beliefs and freedom from appearance of partiality, the Liminal State will never embrace any religion, officially or unofficially, overtly or covertly.
   2. To protect every person's right to their own beliefs and freedom from appearance of partiality, no expression of religion will adorn any state building or state or public property, nor will prayer or other religious practice or observance be allowed within any state building or on any state or public property.
      1. Should the Liminal State assume ownership and management of property in lieu of collecting other taxes, this restriction does not apply to the private homes, businesses, or religious institutions upon this previously privately held property.
      2. The display of traditionally recognized religious symbols are limited to historically significant artifacts and may only be displayed in museums as a scholarly exercise.
      3. To protect every person's right to their own beliefs and freedom from appearance of partiality, any educational institution receiving public funds may only teach religion as a scholarly exercise, and only when taught alongside and equally with multiple other religions and perspectives.
      4. Any use within the state that raises public questions will be prohibited as to err on the side of caution.
   3. The Liminal State will never limit assembly of those expressing their right to freedom of religious beliefs and thoughts.
2. The Liminal State will protect everyone's right to the freedom of political beliefs and thoughts.
   1. The Liminal State will never limit the study, expansion, teaching, or promotion of alternative government philosophies.
   2. The Liminal State will never limit assembly of those expressing their right to freedom of political beliefs and thoughts.

Article 19 Expansion

1. The freedom of the people's speech shall not be limited by the government, except under special circumstances:
   1. Speech that incites violations of law, violates the rights of others, or violates any fundamental rights under the Liminal State shall be prohibited.
   2. Defamation, fraud and perjury are prohibited.
   3. Further restrictions to speech may be applicable when the audience includes or could include Protected Citizens.
   4. Additional restrictions may apply to businesses and other entities serving the Citizens.

Article 20 Expansion

1. Peaceful assembly and demonstrations are protected at the highest levels.
   1. Any demonstrators that uses violence, riotous actions, or vandalism will be specifically targeted by law enforcement actions.
   2. Any unlawful actions of the few shall not be construed as the actions of the whole, and are not to be used as justification to infringe on this freedom of assembly.
2. A Citizen's associations shall not be used alone as condemnation or evidence of criminal intent.

Article 21 Modification

1. The Liminal State may be instantiated with or without the 80% Rule.
   1. The 80% Rule requires Emancipated Citizens to take an empathy test to become an Eligible Voter, and only the top 80% of most empathetic people will be eligible to vote. For any laws to pass, 80% of these 80% of Citizens must vote in favor of that law.
      1. There can only be one justification for limiting the pool of voters, and that is if this smaller pool contains only the most empathetic.
      2. Empathy tests are highly accurate, not manipulatable, and when administered by experts and transparently monitored, they can be relied upon to be an effective way of managing the voter pool.
      3. Limiting the pool of voters makes voting a privilege instead of an obligation and will encourage greater participation.
      4. When considering the low general voter turnouts for most democratic elections, this builds in a mechanism for consideration of those that do not or cannot vote.
      5. Limiting voting to the 80% most empathetic organically promotes a more thoughtful society overall with possible positive generational effect.
   2. Using the 80% Rule does create a narrow possible path for intentional voter disenfranchisement if not done openly and fairly, and is therefore not a requirement for a Liminal State.
      1. Without this rule, all Emancipated Citizens are eligible to vote.
      2. All laws still require an 80% affirmative vote to pass.
      3. Any potential candidate for a Leadership Group or management position is still required to first pass an Empathy Test to ensure that leaders are naturally thoughtful of the people's needs over their own, in regards to their decisions and actions.

Article 26.3 Modification

1. While parents shall have the right to choose the kind of education their child receives, the Liminal State reserves the right to ensure that education meets minimum requirements for the good of society and that child's future. These minimum requirements may include:
   1. Levelized test scores.
   2. Subject breadth and depth.
   3. Normal opportunities for socialization.
   4. Overview by Liminal State education representatives to monitor progress.

UDHR Additions

1. The interests of the Liminal State will be prioritized as:
   1. Citizens
   2. All people
   3. Ecosystems/All living things
   4. Everything else
   5. These shall not be prioritized to the exclusion of the others, but rather in concert and consideration of the others.
2. The Liminal State will foster compassion and empathy with victims, rather than vengeance and punishment, and society, via the Liminal State, will initially shoulder the costs of all crimes suffered by victims in exchange for the victim's compassion and empathy.
   1. As society will overtly be paying for the costs of crime, society will determine the Restitution owed to victims and from convicted violators.
   2. The Judicial Branch will guide and moderate the determined Restitution.
   3. Convicted violators will be obligated to repay Restitution back to society via the Liminal State.
   4. There are no standard or mandatory minimum sentences in the Liminal State. Convicted violators of the law will be allowed back into society only after:
      1. They have successfully completed any rehabilitation required of them.
      2. They have demonstrated to the Liminal State and the Citizens that they will no longer be a detriment to society.
      3. They demonstrate a willingness and ability to repay all Restitution owed.
   5. Victims will be compensated by society prior to any court actions, and therefore even if there is no conviction.
3. Prison will be reserved exclusively for the very few individuals that cannot be rehabilitated and where there is no technology yet available to protect society from them if released.
   1. Prisons will no longer serve as punishment or deterrent, but rather the last recourse when rehabilitation fails.
   2. Prisons will be transformed so that those incarcerated can live as comfortably and freely as possible, without endangering society.
   3. Only the Liminal State can, as the representation of order in society, take responsibility for its Citizens' welfare and safety. Therefore there will be no private prisons in the Liminal State. In the extreme situation where someone has been deemed unfit to return to society and therefore society must strip that person of certain freedoms, then that society, via the government, must take responsibility for that person’s continued wellbeing.
4. Protected Citizens will never be tried as adults.
   1. Any apparent adult that hasn’t taken the Emancipation Test will be required to take it prior to any court action.
   2. Any Protected Citizen may voluntarily take the Emancipation Test if they choose prior to any court action.
5. Non-Citizens will be afforded the same protections and rights as a Citizen in regards to violations of the law within the Liminal State.
   1. All Non-Citizens will be obligated to take the Emancipation Test (although this does not grant citizenship), to determine if they will be treated as Protected or Emancipated individuals under the law.
   2. Non-Citizens in violation of the law will be excluded from asylum opportunities.
6. As the Liminal State provides the authority and authorization for lawyers to practice law, judges and the Justice Branch therefore have direct authority over lawyers in regards to misbehavior, faulty representation, etc.
7. The press shall be free of any government influence or interference except where there is critical public interest. Critical public interests must be defined prior to Liminal State instantiation or after with a public vote using the 80% Rule.
   1. An example of a preexisting critical public interest applies to limited public commodities regulated by the Liminal State, such as the electromagnetic spectrum, in which any public use must conform to the same rules that are foundational to the Liminal State. In addition to these fundamental rules, programming that takes advantage of these public commodities will also be restricted in the following ways:
      1. “News” programs will convey accurate, non-partisan information.
      2. Partisan rhetoric shall be clearly labeled as opinion and must not be construed as news.
   2. The internet shall never be considered a public commodity that could be regulated in the same way as the electromagnetic spectrum. Only limited resources that must be delegated to businesses for public uses qualify.
   3. The Citizens may also restrict what content is available within their communities through a vote, regardless of delivery medium, in general or specifically to Protected Citizens.
8. As there is no practical division between the Liminal State and its Citizens, the Liminal State will not restrict government information from the Citizens by default. Exceptions to this may be employed in specific situations as follows or specified elsewhere within the official Liminal State documentation.
   1. All information collected or produced on behalf of the Liminal State, excluding personally identifiable or other specifically protected information, will immediately be made available for public consumption.
   2. All interactions between government officials in a leadership positions or that interact directly with the public will be recorded with audio and visual components, streamed, and archived in it's entirety for all Citizens to access immediately and indefinitely.
      1. An exception exists for any recordings of Protected Citizens, in which case the recordings may be limited to relevant guardians and necessary officials (i.e.: classrooms - with recordings/streaming available only to parents and school officials, and law enforcement in the case of a suspected crimes).
      2. An exception also exists in the case of any law enforcement activity which include an arrest for suspected crimes - only upon conviction shall any information regarding a crime and details of the convicted individual(s) be made public, and only then when necessary as provided by law.
         1. For government accountability, a minimum of three independent non-governmental organizations or Independent Departments will have full insight and access to regularly review recordings and be aware of every person held in suspicion of a crime, their location, etc.
            1. If enough public support does not organically provide the necessary resources for the non-governmental organizations, the government will fully or partially fund these organizations as necessary. Regardless, the government will have no involvement in their operations.
            2. These organizations exist to ensure public visibility into otherwise hidden detentions, but as this process is necessary to maintain privacy of those not convicted, they may never release information outside of the specific and highly regulated routes provided to ensure government accountability.
   3. All members of the government, speaking in their official capacity, while on duty, or by virtue of their position represent the authority of the Liminal State, are forbidden from making knowingly false or misleading statements.
   4. Members of the government at all levels are encouraged to speak with the press, with applicable exclusions applying.
      1. There will be no direct or indirect interference by anyone within the government to suppress this protected speech.
      2. There will be no consequences for any Government Personnel speaking the truth with any other Citizen.
   5. The financial information of all Government Personnel will be publicly available at all times.
      1. All Government Personnel will be paid exceptionally well, relative to the private sector.
      2. In exchange for above average salaries, no Government Personnel may hold other jobs or have any other sources of income.
         1. All Government Personnel will have access to a blind investment pool.
         2. All direct relationships of Government Personnel will have access to the same blind investment pool as Government Personnel.
      3. The finances of all direct relationships will also be made public.
         1. This includes parents, siblings, spouses, and emancipated children.
         2. The finances of extended family, friends, and acquaintances of Government Personnel will be regularly scrutinized by the Liminal State but will not be made public automatically.
         3. Suspicion of inappropriate behavior by Government Personnel in association with any of these relationships will put both sides in legal jeopardy.
      4. Former Government Personnel having held management positions or been part of a Leadership Group are forbidden from working for any company that has had Standing with their Branch(es). Former Executive Group members are forbidden from holding positions in the public sector, whether officially or unofficially.
9. No infrastructure or public spaces shall be named for any Government Personnel, nor shall statues, money or other objects bear their likeness, whether live or dead.
10. All laws that are passed within the Liminal State remain in effect for a period of eight years by default. In the seventh year they will again be available to vote on, except they will automatically renew unless the Citizens vote using the 80% Rule to remove it. This subsequent vote in review of a law is called a Repeal Vote.
    1. Laws may explicitly specify a shorter time period for renewal, with the lower limit being five years. In these cases a no-confidence vote is still required the year prior to expiration.
    2. No law may explicitly last longer than eight years.
    3. Any laws written to last less than four years will automatically expire after that time and without need of a Review Vote.
    4. Any proposed law that does not pass with the 80% Rule may be put up for another vote, using any wording with a similar proposed outcome, in the following circumstances:
       1. After a year has elapsed if it received more than 55% of the vote in favor.
       2. After three years have elapsed if it received more than 30% of the vote in favor.
       3. After eight years have passed if it received less than 30% of the vote in favor.
       4. In any case, the new proposed law would still require a Justice Branch Review and the requisite Citizen Signatures as a new Citizen Initiative.
11. Any population that wishes to incorporate into the Liminal State may do so with an 80% vote of the existing Liminal State voters and an 80% affirmative vote by the total proposed new population.
    1. The vote by the population wishing to incorporate is a vote for adhering to the fundamental laws and methods used by the Liminal State.
    2. The vote by the existing Liminal State voters is a vote of confidence that the new population, at a minimum, will adhere to the fundamental laws and methods used by the Liminal State.
    3. This requires a total of at least 80% of the new voting population to vote yes, not an 80% affirmative from a smaller pool of voters within the entire voting population.
    4. All the rules that apply to voting within the Liminal State must be followed by the new population for the incorporation vote to be valid.
    5. Cross-border campaigning or other activities from either side in an effort to affect the vote is forbidden.
    6. The Liminal State shall monitor the vote and all activities leading up to the vote to ensure these requirements are met.
    7. If either 80% vote fails or it has been determined that there was voter interference as prescribed above, another vote may not be attempted until 10 years have elapsed.
12. Any population that wishes to secede from the Liminal State may do so with an 80% vote of the total seceding population.
    1. The seceding population must ensure that it will adhere to the minimum fundamental laws that the Liminal State is based on if granted secession.
    2. The seceding population must be composed of a contiguous area.
       1. When continent-bound, this area must contain at least 750,000 people or have a legitimate historical claim to a common heritage if smaller.
       2. An island (chain) or any non-continental contiguous area of any size is eligible.
    3. This action requires the entire seceding population of Emancipated Citizens to vote, not the 80% rule.
    4. This action does not require nor allow for a vote against this action by the non-seceding population.
    5. There must be no campaigning within the proposed seceding area by the Liminal State or other entities in an effort to influence the vote.
    6. Should a successful vote of secession take place, there will be a 10 year overlap period where the seceding area implements its statehood and the Liminal State and the seceding area negotiate trade, immigration, and other necessary terms of the future mutual relationship.
    7. These same rules apply when an area within the Liminal State wishes to be incorporated into another existing entity instead of forming their own.
       1. This additionally requires the other entity to first approve of this incorporation of the seceding area, using whatever methodology that government uses to make these official decisions.
       2. There shall be no cross-border campaigning from either the Liminal State nor the other entity in an effort to affect the seceding areas vote.
    8. If the 80% vote of secession fails or it has been determined that there was voter interference as prescribed above, another vote may not be attempted again until 10 years have elapsed.
13. The Liminal State shall focus it's attention on the activities of running the state, managing those aspects that generally affect the welfare, prosperity, and stability of the Citizens as a whole.
    1. The Citizens will be empowered to formulate the rules regarding the social issues that impact their local communities.
    2. The Liminal State will have final authority on all issues, especially those that overlap these two perspectives and primarily to ensure that all people are treated equally and fairly within society.

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