-----BEGIN PGP SIGNED MESSAGE----- Mime-Version: 1.0 Content-Type: text/plain Content-Transfer-Encoding: 7bit To: cypherpunks@toad.com Date: Fri Nov 08 02:39:25 1996 Jim Choate writes:
There is one important legal aspect which the operator of the Cypherpunks mailing list has opened themselves up for with this action. In short they have now opened themselves up for defamation and liable suites by imposing an editorial policy on the contents of this list (1).
I fear you mean "libel," and I think not. (see below.) <snip>
Censorship is censorship, irrespective of the source of the limitation.
Oh good. I think I'll sue the Miami Herald for not printing my last letter to them. After all, they "censored" me, right? NOT!!!
Free expression is impossible in an environment of censorship. The right to speak not only implies a right to not speak, it also implies the right to emit complete mumbo jumbo.
I'm afraid we have an excess of living proof around here, lately. <sigh> I am beginning to see why people vote the way they do...
The actual content of the speech is irrelevant.
The Constitution guarantees freedom of speech and press. This does not imply in any way an abrogation of responsibility by the party speaking or distributing it. Only that they would not have limitations on their actions imposed by the federal government.
I am beginning to wonder if you are serious about promoting John to the level of "the federal government." If this was a joke and I don't get it, I ma sorry to have taken you seriously.
ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
[Would that it were so, but...] John is not in the U.S. Congress, and even if he were, this list is _his_ property, not mine, and not yours. He can do with it what he likes. <snip>
I have argued in the past that this list is a defacto public list because of the way it is advertised and to the extent it is advertised. All the protests by the operator to the contrary will not convince a court.
Name one ad for cypherpunks. This list is John's property, and he could cut us all off tomorrow for any reason or no reason. Deal with it. I seriously doubt that even the most socialistic judge in the U.S. (and there are plenty) would buy this kind of garbage.
Hope you folks have a good lawyer.
I'm sure John's quaking in his boots. Reread my campground analogy, and try to refute it. You can't. Go start your own list with no moderation. Go start a more moderated list than John's, like Perry's will be. Do whatever, but this moronic thread must end! It is very strange to me that the people asserting some sort of "implied contract" among cypherpunks have yet to offer to pay even *one* month of John's costs. If you want to call the tune, then pay the piper (if he lets you). If you don't, then be quiet about what you're obviously ignorant about. JMR Please note new 2000bit PGPkey & new address <jmr@shopmiami.com> This key will be valid through election day 2000. PGP id.A7D63DA9 98 1F 39 BA 93 86 B4 F5 57 52 64 0E DA BA 2C 71 Please avoid using old 1024bit PGPkey E9BD6D35 anymore. Thanks. -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQEPAwUBMoLjsTUhsGSn1j2pAQFE6AfQgbWxLHSqdGMsKEg+jUSlMIsctR8MIQ6i ZU+7JFoSiAREYIrsrlMs7AYsuzLvaGYLTdlT3reC9EvmWPchfawV+tYzBlKZkLs3 vS6PTghqovDheIiEmwr+E4zq9yuV/ElGs7ZOuO4Ob9LuwSx7Tm+m6OQNGuOoGjpV Y6Gc6vFZ2fEb/Yt3qadQF1Q2Zlf+qjVjglilOefoe2Q+7y7FhYysTvlLGqc42h0P M5J/fbZ3RtpT6dtkT7sqHvj4eZtDMpdn+bXseJkQv4jsbolTyTGR88ee3HU1P/I7 ywWPtOZdoPpP6lSraF0S+PxBOEpkeTRI84Xxw1Jbtblx9Q== =014g -----END PGP SIGNATURE-----