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The court is part of the government.
by BurningFrog 4y ago
The court is part of the government.
- function_seven 4y agoThe court oversaw the case. It did not bring it. Example: I specifically prohibit peanuts in my kitchen, because I serve meals to allergic children. You sneak peanuts into the kitchen. I sue you and win. Does this mean "Peanuts are illegal"? No. I have a civil action and we have a system of civil courts wherein these grievances can be aired and adjudicated.
- bandyaboot 4y agoLeaving aside the absurd logic, it doesn’t matter. Slanderous speech is not protected speech…the government is allowed and expected to facilitate consequences.
- decebalus1 4y agoThat's a false equivalence. The court mediates the case between private parties. That's what civil court does. This is not a trial between 'the people' (the State) and Alex Jones. It's between some of the parents of the Sandy Hook massacre and Alex Jones. Jones is free to say whatever and the state cannot make laws about what he can say or cannot say, but that doesn't stop private individuals from suing him and winning.
- notahacker 4y agoto be fair, whilst it's true the distinction is hugely important to US concepts of free speech, it's also true it's not necessarily as material as it might seem. The state is composed of people, who have the right to sue their critics for alleged slander/libel (quite a lot of political speech involves making adversarial claims about people or corporate entities which could theoretically be ruled as malicious and factually untrue). Politicians suing other politicians or critics is unusual rather than not permitted in the US, but in other places like Singapore tort law is used consistently against prominent critics. It's possible for civil courts to be consistently biased in favour of politically-connected individuals and companies and for the consequences for criticism of them to be financially ruinous, and possible for actual criminal speech offences in other jurisdictions to have [lower] purely financial penalties, stronger presumptions in favour of the defendant and more scrupulously independent judicial processes.