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The US Supreme Court made it illegal for states to ban gambling ads, as a first amendment issue. I think it was a bad decision.
by cm2012 7mo ago
The US Supreme Court made it illegal for states to ban gambling ads, as a first amendment issue. I think it was a bad decision.
- fc417fc802 7mo agoI wonder if they would overturn that if sufficient evidence of harm were demonstrated. They've been remarkably consistent about permitting violations of constitutional rights where the government can unambiguously demonstrate a pressing need.
- charcircuit 7mo agoThe 1A does not have an exception for harm.
- fc417fc802 7mo agoAnd yet SCOTUS has carved out a number of exceptions where they felt it was clearly necessary. Disorderly conduct and noise ordinances are examples. It's not the end of the world but (very approximately) being woken up by someone shouting in the street at 2 am was deemed a larger problem than restricting your individual right to drunkenly shout at your friend in that scenario.
- Forgeties79 7mo ago> being woken up by someone shouting in the street at 2 am was deemed a larger problem than restricting your individual right to drunkenly shout at your friend in that scenario. Because most of the time if you can argue “they won’t do a good job at capitalism [going to work]” then everyone goes “oh no no no we can’t have that.”
- lokar 7mo agoNot true. Generally the law must be evaluated by the “strict scrutiny“ standard.
- deleted 7mo ago[deleted]
- rcxdude 7mo agoIf that were the case than libel and slander would be legal.
- shimman 7mo ago[dead]
- 3eb7988a1663 7mo agoThen why was it possible to ban cigarette commercials on TV? Or is it just that they cannot ban the ads in general? You have no right to the airwaves, so television access is easy to restrict.
- cm2012 7mo agoCorrect, broadcast tv is easy