OPTIMISTIC PESSIMISM
The second school of thought hopes the first is correct, but sees this regulation as the next "logical" step in an ongoing regulatory pattern -- a pattern designed to "legalize" the use of authoritarian force, resulting in a concurrent diminishment of individual freedom.
Under this theory, the government is actually a regulatory agency that depends on the creation and enforcement of regulations ("law") for its very existence, and that the courts can be relied on to protect this status quo, BUT NOT NECESSARILY FREEDOM OR JUSTICE.
This theory leads to the conclusion that the government will continue to enact restrictions until there is just no room for free thought, assembly or expression. After all, as the environment degenerates and the murder rate soars, the government is regulating just about everything else.
Some believe freedom of thought, assembly and expression are about the only thing separating humanity from absolute hell on earth, and that regulatory agencies have pushed humanity to the brink of an abyss. Coupled with a lack of confidence in contemporary judicial wisdom, this belief leads to the conclusion that the only way to keep the bureaucrats in line is to address