I left a word out... Re: Microsoft Trial Judge...

[Jim Choate]

On Tue, 27 Feb 2001, Jim Choate wrote:

> But that's not the speech but the consequence of the speech. No, you
> should be held to an a priori 'no lie' standard. But if by that
        ^
       not

> lie you are damaging, and intent should aggravage the crime, another
> person by the change in behaviour of anonymous 3rd parties then how is
> holding the speaker accountable for those consequences a limit on their
> speech? How does that justify saying 'you can't lie'? Aren't there times
> when lying is the only way not to hurt persons (rare as it is, if it
> exists we must allow that if we hold that hurting people is wrong).
> 
> > 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.  
> 
> You're an asshole (not really, keep reading). Ridicule is political speech
> and should be protected. Now my stating to another 3rd party that you're a
> baby raper and as a consequence you lose your business is a whole other
> situation. It's not the speech that should be punished, it should be my
> acting with intent to harm. That speech might be involved is really
> irrelevant.
> 
> > 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.
> 
> As long as it exists the work is not done.
> 
> It's worth observing that to Hitler, he made sense. (and no, I am NOT
> drawing any sort of conclusion, simply saying the 'I and I' is not the end
> all).
> 
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>        The Armadillo Group       ,::////;::-.          James Choate
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