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Agreed. While the Supreme Court has sensibly concluded that there should be limits to free speech (see 'The Court held that government cannot punish inflammator
by ISL 10y ago
Agreed. While the Supreme Court has sensibly concluded that there should be limits to free speech (see 'The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.'[1]), it would be interesting to understand how the legal argument that begins with the postulate:
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances.
can yield, 'We believe consumers put stock in endorsements and we want to make sure they are not being deceived.'
[1] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
- cmdrfred 10y agoWhile I agree that the constitutional interpretation is flawed here. It seems we have thrown[0] it[1] out[2] the[3] window[4] for the most part. [0]https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse https://www.aclu.org/issues/criminal-law-reform/reforming-po... [1]https://www.thefire.org/college-students-protest-against-so-called-free-speech-zones-at-their-campuses-saying-that-they-violate-their-first-amendment-rights/ https://www.thefire.org/college-students-protest-against-so-... [2]https://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban https://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban [3]https://en.wikipedia.org/wiki/Internment_of_Japanese_Americans https://en.wikipedia.org/wiki/Internment_of_Japanese_America... [4]https://en.wikipedia.org/wiki/PRISM_%28surveillance_program%29 https://en.wikipedia.org/wiki/PRISM_%28surveillance_program%...
- dragonwriter 10y agoThat's because you forgot several other "postulates" that form part of that legal argument. Among them (this is not an exclusive list) are the Commerce Clause of the Constitution, and various canons of legal construction, including the one that holds that while a newer enactment generally has precedence over an older one, to the extent possible a newer enactment should also be read so as not to minimize conflict with an older one unless it explicitly seeks to reverse the effect of the older one.