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

Jim Choate ravage at ssz.com
Wed Mar 21 19:28:01 PST 2001



On Wed, 21 Mar 2001, Sandy Sandfort wrote:

> Correct, to which I would add:
> 
> "Precedent" is a word of art.  It means the decision of an appellate court
> to which lower courts must defer.  The Constitution can no more be a
> "precedent" that it can be a banana.

It comes from 'precede' to 'come first or before' as in importance or
scope of coverage (with respect to court authority).

The Constitution is clearly superior in authority over any and all courts
in America. Therefore any ruling they may emit must comply with the
Constitution. Quibling over whether that fits the strictest legal
definition of 'precedence' is nothing more than a strawman.

    ____________________________________________________________________

         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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