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- Xref: sparky misc.legal:23038 alt.censorship:10062 alt.society.civil-liberty:7469 alt.politics.usa.constitution:1519
- Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Message-ID: <1993Jan21.201023.4940@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1993Jan18.030527.3766@ucsu.Colorado.EDU> <1993Jan18.151505.1167@eff.org> <1993Jan21.185438.19181@IRO.UMontreal.CA>
- Distribution: usa
- Date: Thu, 21 Jan 1993 20:10:23 GMT
- Lines: 50
-
- In article <1993Jan21.185438.19181@IRO.UMontreal.CA> simon@brome.iro.umontreal.ca (Daniel Simon) writes:
-
- >So? The boundary between "legitimate" lawmaking and restriction of
- >freedom of expression is no more recognizeable, in the abstract, than
- >the boundary between judicial interpretation and judicial legislation ...
-
- I disagree. The former is more recognizable, and it's often the case that
- a statute is struck down because it is "facially" invalid as limitation on
- First Amendment prerogatives.
-
- >...any piece of legislation can also, in principle, be characterized as a
- >form of limitation on freedom of expression.
-
- I don't see this happening.
-
- > Yet for some reason
- >judges and legal scholars never seem to despair of navigating *that*
- >unbroken continuum.
-
- It could be that they have more common sense than those who generate
- parades of horribles on Usenet.
-
- >One would have hoped that these same judges and legal scholars, after
- >devoting such care and attention to the task of mapping out the
- >complex subdivisions of the free speech/restricted speech spectrum,
- >might also have made at least a token effort to draw a rough line
- >between judicial interpretation and judicial legislation.
-
- Why not give us your best shot? I'm all ears.
-
- > ...it is far more
- >convenient for them simply to throw up their hands in mock
- >helplessness and announce that unlike, say, the distinction between
- >the Schenk and Brandenburg tests, the line between judicial
- >legislation and judicial interpretation is just too darned subtle for
- >them ever to hope to demarcate.
-
- If it's not subtle, let's see you take a shot at it.
-
-
- --Mike
-
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-