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Overview[ | ]
An in-universe publication titled, Know Your Powers, Know Your Rights: Legal Issues for Superpowered Beings, issued by the Titan City Department of Public Safety discusses the relationship heroes, also referred to as "Titans", have with the law enforcement agencies such as the police and if heroes have the ability/authority to arrest criminals.
Origins[ | ]
In New York v. Tygron (1970) and United States v. Spess (1970), the Supreme Court held that “superpowered status” is constitutionally protected “suspect classification” under the Fourteenth Amendment. The Court struck down the New York City and Washington, D.C. requirements that all superhuman beings register with local governments, regardless of their powers, as unconstitutional. States and municipalities cannot impose special requirements on superhuman beings absent a compelling state interest. Titan City, of course, follows these laws and does not require universal registration.
Tygron is better known, however, for establishing that species is also a protected classification. Tygron, a tiger-like humanoid created by strange scientific experiments, had been required to undergo additional layers of registration. The Supreme Court struck these down as well, holding that all sentient species are entitled to equal protection under the law. Notably, California v. Prototype 8-A-1 (1979) extended the term “species” to cover sentient robots and AI’s. Other cases created extensive tests to determine legal “sentience.”
In general, if a creature is self-aware, can reason, and can communicate with humans, it is entitled to the same legal rights as a human.
Regulation of Superpower Use: Registration[ | ]
A question is asked on Page 15 of the Know Your Powers, Know Your Rights: Legal Issues for Superpowered Beings publication. It goes as follows:
"Q: When does a superpowered being need to register powers, if ever?"
A: Any dangerous or intrusive power. And they must be registered before public use for a non-emergency purpose or within thirty days of first use for an emergency purpose (including initial manifestation). This includes weapons and gadgets, magical abilities, and even special skills, as well as inherent powers.
"Dangerous" powers are anything that could be used as a deadly or dangerous weapon. This is broadly construed and includes items that are part of your body or training, such as the fists of martial artists.
"Intrusive" powers are those likely to interfere with the privacy or peace of ordinary, reasonable people. These include special senses, including extrasensory powers and telepathy, and powers whose use would constitute a noise or light complaint if used after 11 p.m.
Conditions of Registered vs. Unregistered[ | ]
Its important to note that registration is NOT required of a hero in order to stop crimes in progress.