20 Mar
2001
20 Mar
'01
9:07 p.m.
Jim wrote:
What is the reason the civil statute exists? Because some 'damage' has occured.
Wrong. Damages have always been contemplated under the common law tort system. There are numerous and complex reasons that some torts have also been "criminalized."
Ultimately the real question is:
Is it constitutional to differentiate the rights with respect to speech between civil and criminal cases?
Sure, the Constitution is a document that outlines and limits the power of the state over the individual. The common law is the summation of the rights and responsibilities as between individuals. Apples & oranges. S a n d y