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> The First Amendment of the US Constitution protects free speech. No it doesn't. It places a restriction on government power. Which is a distinction that matt
by delaminator 8mo ago
> The First Amendment of the US Constitution protects free speech.
No it doesn't. It places a restriction on government power. Which is a distinction that matters.
It's a negative liberty, not a positive entitlement.
It's one of the most widely misunderstood aspects of US constitutional law.
- chrisjj 8mo ago> It places a restriction on government power. ...and only US govt. power. UK is outside US, right? That's not the only thing confusing this US lawyer. "America will not tolerate Ofcom's behaviour for much longer... Every time they send one of their unenforceable enforcement notices into our country, it adds fuel and urgency to law reform efforts here in the United States," Byrne added. So urgent law reform to counter unenforceable enforcement notices. Law makers surely have better things on which to waste their time.
- welshwelsh 8mo agoLegal reform is needed to prevent American companies from complying with foreign censorship laws. What happens if a tech company decides to follow EU law worldwide, just because it's more convenient than blocking some stuff just in the EU? That shouldn't be allowed.
- chrisjj 8mo ago> Legal reform is needed to prevent American companies from complying with foreign censorship laws. I cannot imagine why any US American company would comply with an unenforceable foriegn enforcement notice.
- delaminator 8mo agobecause they want to keep foreign paying customers not just domestic
- chrisjj 8mo agoAn unenforcable enforcement notice won't lose them customers.
- delaminator 8mo agoTell that to rt.com or ThePirateBay or Sci-Hub none of which are accessible directly from the UK. and rt.com is super secret blocked
- chrisjj 8mo ago> Tell that to rt.com or ThePirateBay or Sci-Hub > none of which are accessible directly from the UK. Not due any *unenforcable" enforcement notice, right? Anyway, SciHub.org is accessible directly from UK on both ISPs where I am.
- delaminator 8mo agoOh right, Sci-Hub has changed, I didn't know. What I meant was it doesn't matter if they don't voluntarily eventually they'll just be locked out of the market and their staff issued with arrest warrants should they set foot in the UK. It's not just a debt, it's a crime.
- KyleBerezin 8mo agoIt is based on the idea that free speech is an unalienable right. The framing matters, and it is why the first amendment's protection of free speech holds up so well in court. The US government cannot assist in levying or enforcing these fines in any way. ‘no agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution.’