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> Should have went with a first amendment challenge in federal court The nature of the case in-question is clearly one of obscenity (the subject was sexually h
by DaiPlusPlus 6y ago
> Should have went with a first amendment challenge in federal court
The nature of the case in-question is clearly one of obscenity (the subject was sexually harassing someone else, which is definitely not protected by first-amendment rights).
As a WA resident myself, I'm disappointed in the judgement (though that depends on what the State Supreme Court's role is - it's unclear to me if they were deciding what the law said or if they were deciding what was just in the circumstances - kinda like how the US Supreme Court will decide if a given law is constitutional or not, regardless of how just or actually necessary that law is for a well-functioning society - this wouldn't be as big a problem if the US would end its sacrosanct, holy-text treatment of the Constitution - I used to admire and revel in the simplicity of a short written, principled, constitution - but now that I'm older, wiser and far more cynical I feel the other countries' approach of "the law IS the constitution" makes it easier to be responsive and reactive without necessarily betraying any long-standing principles.
- vmception 6y agoIt looks to me like the state Supreme Court just deferred to the legislatures and assumed what they meant It wasn’t argued on Washington or Federal constitutional free speech grounds I think they totally could challenge in Federal Court whether the state legislature’s interest in protection outweighed the individual minor’s 1st amendment rights, punting it back to the state trial court to convict only on the harassment grounds