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> Additionally, at what point does "very scummy" become a civil offense? Why not ask a judge (and/or jury) and let them decide. Because the criteria for that c

by yarou 10y ago

> Additionally, at what point does "very scummy" become a civil offense? Why not ask a judge (and/or jury) and let them decide. Because the criteria for that changes arbitrarily based on the zeitgeist of a particular era. For example, pornography was considered by many to be "very scummy" at the turn of the century. Many religious groups tried to stop its publishing and sale, yet here we are today. Thiel is well within his rights to file a civil suit, but it could lead to a dangerous precedent that restricts the First Amendment as the founding fathers envisioned it. A better counterargument would be to bring up Citizens United, and how it has abused the safeguards of the First Amendment to do scummy things that are several orders of magnitude more than publishing some celebrity's sex tape.

Artistry121 10y ago
Ok. Then let's target CU. But this isn't CU. The first amendment doesn't cover lying or making people's lives miserable when it doesn't serve a social good. The founding fathers wrote the alien and sedition acts. The illegality of revealing government search requests causing chilling effects and propoganda pieces by the US military and other high ranking officials is actually a violation. Taking someone to open court isn't.
coredog64 10y ago
The First Amendment says the cops won't bust down your door for saying something. It has exactly zero bearing on whether or not that same speech results in you being unemployed or unemployable, having your romantic partner leave you, or being shunned by greater society. As for Citizens United, you do realize that before the decision affirmed it that corporations were understood to have 1A rights? What has people upset is that the "wrong" kind of corporations have those rights. It was okay when it was friendly media companies, unions, or non-profits with the correct ideology. But let some chunk of people with extreme Clinton Derangement Syndrome band together and "whoah Nellie!"?

by yarou 10y ago

Artistry121 10y ago

Ok. Then let's target CU. But this isn't CU. The first amendment doesn't cover lying or making people's lives miserable when it doesn't serve a social good. The founding fathers wrote the alien and sedition acts. The illegality of revealing government search requests causing chilling effects and propoganda pieces by the US military and other high ranking officials is actually a violation. Taking someone to open court isn't.

coredog64 10y ago

The First Amendment says the cops won't bust down your door for saying something. It has exactly zero bearing on whether or not that same speech results in you being unemployed or unemployable, having your romantic partner leave you, or being shunned by greater society. As for Citizens United, you do realize that before the decision affirmed it that corporations were understood to have 1A rights? What has people upset is that the "wrong" kind of corporations have those rights. It was okay when it was friendly media companies, unions, or non-profits with the correct ideology. But let some chunk of people with extreme Clinton Derangement Syndrome band together and "whoah Nellie!"?