The Government bans superheroes

Now, I’m not saying that ignorance is bliss, but can you imagine the uproar in either the DC or Marvel universe if a major “superhero” was asked this question: “To the best of your ability, can you please tell us how many times this world (if not the universe) has been destroyed then been recreated in the past 50 years?”

“Zero times”.

Leaving unsaid: because this world was created Last Thursday, after the last world was destroyed.

It depends on what the superhero is doing.

Civilians (ie people who have no government law enforcement authority) are legally allowed to arrest other people who have broken a law. Laws vary by state but generally a civilian can only arrest somebody if they directly witnessed the crime occurring. The civilian must then turn the person over the police and the suspect will be tried by the court system.

What’s illegal (ie vigilantism) is when people bypass the court system and start punishing people for breaking the law.

So it would be legal for Superman to “arrest” Brainiac if he had witnessed him committing a crime as long as he then turned him over the Metropolis PD. But it would be illegal is he sent Brainiac to the Phantom Zone.

The Boys subverts this problem in that the Superheroes were literally created by the Evil Corporation, and the corporation has actually spent considerable time and resources both figuring out how to control the superheroes, and how to accommodate them in the legal system.

I thought Brainiac was a robot. Do sentient robots in the DC universe get rights?

Valentina de Fontaine learned how well that plan works.

I don’t know what the legal landscape is in the DC-verse, but if I were in Braniac’s shoes in our universe, I’d make the claim that I was really a human in a fancy cybernetic suit, and claim full human rights, let the courts prove otherwise. That’ll tie things up for years if not decades.

Well if you want to raise the issue, Superman is not a human being either. So from a legal standpoint, you have two “things” which are causing a public disturbance and neither has any legal rights recognized by the state.

Ah, so a typical superhero would basically be staying within the law by making a ‘citizen’s arrest’ each time and turning the villain over to the proper authorities.

It makes me wonder, though, how realistic or practical the ‘citizen’s arrest’ actually is in a real world situation. Few bad guys are going to willingly let themselves be taken into custody, so the citizen making the arrest, whether we’re talking an ordinary citizen or a superhero, would likely have to physically restrain the bad guy in order to take them in, and the process could easily turn into, or be construed as, unnecessary force or ‘punishment’. I have no idea how often citizen’s arrests are ever attempted, but I’m guessing few actual ‘citizen’s arrests’ go smoothly for the ‘citizen’. They probably either end up being hurt or killed themselves, or hurt or kill the bad guy in the process. Or are accused of causing injury and sued, or they get into legal trouble themselves.

Not really on topic, but I can’t see how the kid sidekick being added in year 2 of an 80+year publishing history counts as “jumping the shark.” I don’t think it had enough history to qualify as long-running series, even if it hadn’t lasted so much longer.

Yep. Besides the citizens’ arrests you mention, there’s also all the times the heroes are rescuing people, rather than fighting/arresting villains. They break the law tons, but there are also lots of superheroing feats that would be totally legal. Not sure how on how fighting alien invasions counts - suppose it depends on the relevant government views the aliens at the time.

“ICE vs Superman” (2026). Having rounded up all other illegals, President Vance sets his sights on Superman. The final scene with Superman fighting Steven Miller (in human form) and the ICE team (with kryptonite bullets) atop trump’s head at Mt Rushmore will have you on the edge of your seat.

Bounty hunters are a thing, no?

Again, the real world laws vary but generally a civilian is allowed to use “reasonable force” if it is necessary to perform a valid citizen’s arrest.

The first example took place in the 1950s (in Universe) or 1970s (RL).
The Justice Society Of America was banned by the Un-American Activities Committee, as suspected Communists.
LINK

Another issue about citizen’s arrests is that they are generally only legal if the person being arrested committed a felony. You generally can’t perform a citizen’s arrest for a misdemeanor.

True. I suppose a bounty hunter is the closest real-life thing to a superhero there is, in the general sense that they are citizens who bring lawbreakers to justice. According to this Wiki article on bounty hunters, it depends on the state, but they are generally unlicensed. Seems hard to believe you can just go out and start apprehending bad guys with no licensing or formal training, and it’s perfectly legal.

Hell of a job- if the guy you’re trying to grab doesn’t shoot you, the guy you grab by mistake sues you into oblivion.

Ninjaed.

Superman: “But I fight for Truth, Justice, and the American Way!”

President Vance: “But don’t you see, Superman? The American Way has changed!”

Superman: “Ah, crap, you’re right, goddamn rules lawyering! Okay, where are those immigrants you want disposed of?”

Alan Moore proposed “Twilight of the Superheroes “ back in 1987, with the story set in 2007, and the world-or at least the U.S.- ruled feudally by various superhero dynasties, which have become corrupt and decadent. It was rejected, though apparently the script can be found online.

Such a situation would be inevitable if super powers were real. If Superman thinks abortion is murder, the law and public opinion mean nothing.