John Doe vs. John Doe: Virginia Court's Decision in Online 'John Doe' Case Hailed by Free-Speech Advocates

Jim Choate ravage at einstein.ssz.com
Tue Mar 20 15:14:45 PST 2001



On Tue, 20 Mar 2001, Sandy Sandfort wrote:

> Jim wrote:
> 
> >	Amendment VI
> > 
> > In all criminal prosecutions...
> 
> This was a civil case.

Which raises an interesting point, 'defemation' is presented as a 'crime'
yet it is managed in a 'civil' case, thus denying critical civil liberties
to the person being acted against.

Somebody should look into filing a civil rights case on the
constitutionality of treating a 'crime against a person' (ie ruin their
reputation) as a civil case (ie mainly resolving disputes and assigning
responsibility, not generaly considered crimes.)

Of course it's British history would indicate it was really used by the
rich to punish those less fortunate but verbally active. Aren't laws in
the US supposed to answer to the Constitution and not British legal
precedence?

    ____________________________________________________________________

         If the law is based on precedence, why is the Constitution
         not the final precedence since it's the primary authority?

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