Yes, but the problem is, the current mindset is to write laws that give them the right to do that.

The question isn't whether sanity would prevail in court. (I'm somewhat optimistic that it would, eventually.) The question is, given the current fear-driven mindset, isn't it probable that something like that will be written? And how do we stop it from being written (or at least enacted)?

Sanity in the court room is the last line of defense, not the first...