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Turns out that 10 million Brazilians flocking into BlueSky is an argument much more solid than any "free speech" bullshit that Elon posts. In case anyone belie
by diego_moita 2y ago
Turns out that 10 million Brazilians flocking into BlueSky is an argument much more solid than any "free speech" bullshit that Elon posts.
In case anyone believes this is about "free speech": the jurisprudence for the Brazilian Supreme Court decision is American, in fact. It is a doctrine known as "clear and present danger" and was established by the SCOTUS in 1919, by Oliver Wendel Holmes Jr in "Schenk vs. United States"[1]. The U.S. Supreme Court already applied it a couple of times.
[1] https://www.law.cornell.edu/wex/clear_and_present_danger https://www.law.cornell.edu/wex/clear_and_present_danger
- aw1621107 2y ago> It is a doctrine known as "clear and present danger" and was established by the SCOTUS in 1919, by Oliver Wendel Holmes Jr in "Schenk vs. United States"[1]. The U.S. Supreme Court already applied it a couple of times. Probably worth noting that US free speech jurisprudence has changed since then. Schenck v. US was overturned in 1969 by Brandenburg v. Ohio [0]. [0]: https://en.wikipedia.org/wiki/Brandenburg_v._Ohio https://en.wikipedia.org/wiki/Brandenburg_v._Ohio