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

[Jim Choate]

On Tue, 20 Mar 2001, Sandy Sandfort wrote:

> Jim wrote:
> 
> > Where does the Constitution allow common law?
> > [It clearly does but I'd like to see the spot
> > you believe is the authoritative statement.]
> 
> Irrelevant, Jim has already conceded the point in his parenthetic aside.

Not at all, the question is what YOU believe. Not what I believe.

Unless you're willing to concede my point now?

I didn't think so. Now, you wanna keep dancin'?

> > What does it say that common law must be
> > predicated upon? [Hint: what must ALL US
> > law be predicated upon?]
> 
> Natural rights, at least that's what the framers of the Constitution
> believed.

Where in the Constitution is the term 'natural rights' used? The
Declaration of Independence talks of natural rights, and it's not
recognized as a basis for any law. There are two places in the
Constitution that describe how laws will be predicated.

> > Does Justinian, or English law qualify?
> 
> Other than the oddity of Louisiana, Puerto Rico and the like, there is no US
> jurisdiction based on civil law, only the English common law.  One might as
> well bring up the law of gravity as the civil law in this discussion.

I'm not the one who starting quibling over what 'civil law' meant. You're
the one who brought up the distinction.

My question, and point, still stand.

> > Now, if Congress can't constitutionaly create
> > criminal law relating to speech where does it
> > say it allows such an exception for civil?
> 
> Civil what?  The question makes no sense because it assumes facts not in
> evidence.  Civil remedies are under the common law are created by courts not
> legislatures.

EXACTLY my point, thank you for recognising it so openly. Now go read the
Constitution about law, and courts. Who in this country is the ONLY two
groups that can make law? One is the states through constitutional
amendments. There's one other and it ain't a court.

[rest of your wanna-be-tricky word play aside]

    ____________________________________________________________________

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

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
       www.ssz.com            .',  ||||    `/( e\      512-451-7087
                           -====~~mm-'`-```-mm --'-
    --------------------------------------------------------------------