4 ms·

I'm quite certain it's not enough.

• gojomo 15y ago
  The 1st Amendment was enough for the Supreme Court to knock down 1989's Flag Desecration Act (US vs. Eichman, 1990), parts of 1994's Communications Decency Act (Reno vs. ACLU, 1997), 1998's COPA (Mukasey vs. ACLU, through 2009) and 2002's McCain-Feingold (Citizens United, through 2010) as unfairly restrictive of free speech. Congress passes lots of dumb speech-restricting laws that eventually get knocked down. When these DNS-delisting enforcement operations – those from either before or hypothetically after SOPA might pass – finally get real, full-stack court review, they could very well wind up judicially prohibited as unconstitutional. It just takes a while.
  • rhizome 15y ago
    Which is exactly the thing that should be legislated up front. There's no need to spend decades waiting for a good case to challenge bad law. I shudder to think about "oh, we'll just work it out in the courts" before the law is even passed.