[free-sklyarov] Re: Rallies on Monday

Jim Choate ravage at ssz.com
Sun Jul 22 07:52:22 PDT 2001



On Sat, 21 Jul 2001, Seth Finkelstein wrote:

> 	While this is true, there's a very deep issue in the
> definition of "protected".

No there isn't, it's just that '...no law...' is onconvenient for people
who believe they are angels among men:

                                 Amendment 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.

> The problem is better rendered that the courts have taken the view that the 
> protection of (intellectual) *property rights* trumps the free-speech 
> concerns here.

The problem is that courts believe they can interpret the constitution
instead of as actually worded, being limited to laws made 'under' the
constutition.

A major distinction.


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