I see your point...prior restraint sucks, but I disagree with you that speech cannot violate rights. What about slander or libel? I believe that I have the right not to be publicly ridiculed and to be made the subject of untrue statements against my character. But that's the limit. I think that's about the limit of restriction on speech. But the reality of it is, prior restraint *does* exist, and seeing as code is speech, the same restrictions that apply to speech apply to code. I am pretty much talking out of my ass (because I am not a lawyer), but what I just said makes sense. --dave On Tue, 27 Feb 2001, Jim Choate wrote:
On Tue, 27 Feb 2001, David Stultz wrote:
Just playing the Devil's Advocate here.
Are you allowed to go into a theatre and yell, "FIRE!!!" when there is none? Nope.
There *are* restrictions on speech. If MS's "speech" violated somebody's rights, that speech can be made illegal.
Speech can't violate rights, only acts against another can. Speech is not an act against another.
Unconstitutional restrictions on speech that is. If there is a fire and I don't yell have I commited a crime? If I yell fire and everyone does nothing was a crime commited?
Let's take your example, it only applies if people are in the theatre AND they react as if there were a fire. But is it the safety of the theatre inhabitants we're concerned about? Clearly not since there are more than sufficient legal and civil recoveries for both the theatre owner and the patrons if their rights are infringed.
The reality is that causing a riot, via speech or some other mechanism, isn't protected by the 1st. The argument to forward is a straw-man, they want to regulate speech when it is convenient to their ends and they hope nobody notices they're pulling a fast one to do it. So what they have is a nice tasting argument so that you'll accept A PRIORI restraint on speech.
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