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Topic: John Byrne - Threat or Menace? (Topic Closed Topic Closed) Post ReplyPost New Topic
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Troy Nunis
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Posted: 05 July 2006 at 4:15am | IP Logged | 1  

There is just something so . . sweet about someone from the UK evoking our Constitution right after Independence Day (clearly no hard feelings on their side, eh?) ---- my god, I might believe in this whole globalization thing yet!  Go Ian!

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Stéphane Garrelie
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Posted: 05 July 2006 at 5:44am | IP Logged | 2  

So, no comment about Rich Johnson's pro-Byrne article? (link page 14)
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John Griggs Jr
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Posted: 05 July 2006 at 5:54am | IP Logged | 3  

Have you even read the Declaration of Independence?  There's a little thing in there called the First Amendment that you maybe ought to read, buddy.



**************

Declaration of Independence

http://www.law.indiana.edu/uslawdocs/declaration.html

Bill of Rights

http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.h tm




Edited by John Griggs Jr on 05 July 2006 at 5:55am
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Ian Evans
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Posted: 05 July 2006 at 6:05am | IP Logged | 4  

Are you guys honestly telling me that I didn't overdo it enough so that you got that I was kidding??  Please tell me Glenn got it, at least...!

Edited by Ian Evans on 05 July 2006 at 6:08am
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John Byrne
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Posted: 05 July 2006 at 6:12am | IP Logged | 5  

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 First Amendment has much in common with the Second, in the way people tend to treat is rather like a buffet, and take from it only the parts they like. This is especially true of the InterNet, where we do not find either "assembly", peaceable or otherwise, or "the press". In fact, much of what goes on on the InterNet hides behind the fact that this is not "the press", ie, publishing*. Observe the number of people who yowl their displeasure whenever someone in the government talks about narrowing the "freedoms" of the 'net to more closely allign with those "rights" its users so often try to claim.

When the First Amendment was drafted, there were only two ways for informations to be transmitted: the spoken word, and the written word -- and the latter meant only words written on some solid substance, like paper, stone, bark, etc. The framers never for a moment envisioned the recorded voice, or something as elusive as cyberspace.

Problems have arisen as new technologies have been almost instantly scooped under the protection of the First Amendment. It often seems far too little consideration is given to content over format. Thus, the debate becomes over the questions of whether something like CDs are protected (decision says yes), without much thought to whether a rap "song" that encourages the rape and brutalization of women should, indeed, be afforded the same protection as, say, an essay protesting such treatment.

Thus, the First Amendment has been turned into a joke, as anyone who wants to can find some nook or fold in its wording into which they imagine they can slip their product. And, alas, there will always be those who are swift to support this, usually bleating comparisons to Nazi Germany (oh, yes, the Nazis are protected, too!) and brandishing scare tactics that suggest a little common sense would lead overnight to repression and book burning.


* When the Founding Fathers chose to include protection of "the press" they meant literally the printing press. They did not use the term as we do today, as slang for newspapers and other such journalism. Those, by virtue of being produced on printing presses were, of course, protected, tho there were still laws of libel and slander to counterbalance the excesses that would, and have been born out of abuse of the First Amendment.

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Jay Matthews
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Posted: 05 July 2006 at 7:15am | IP Logged | 6  

 Ian Evans wrote:
Are you guys honestly telling me that I didn't overdo it enough so that you got that I was kidding??  Please tell me Glenn got it, at least...!

You did.  I got it.  I got it so much that I got turned around and couldn't tell if THEY were kidding.

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Jay Matthews
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Posted: 05 July 2006 at 7:19am | IP Logged | 7  

 John Byrne wrote:
It often seems far too little consideration is given to content over format. Thus, the debate becomes over the questions of whether something like CDs are protected (decision says yes), without much thought to whether a rap "song" that encourages the rape and brutalization of women should, indeed, be afforded the same protection as, say, an essay protesting such treatment.

And even further confounding the issue, we have broadened the ban or regulation (through laws like McCain/Feingold) of direct political speech which advocates that an incumbent should be defeated in an imminent election.  It's like a full circle -- we are most protective of speech the framers hadn't even contemplated, but reckless in our protection of the very kind of advocacy they were trying to protec.

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Stéphane Garrelie
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Posted: 05 July 2006 at 7:59am | IP Logged | 8  

By the way red is my favorite color and i like this kind of pull/sweater. When I was ten years old I had one:

I still like it today, maybe i'ld buy one if i find it.

Like I said I love this color.

I don't think this is my dark side, but who knows? We all have one I think:

 

 



Edited by Stéphane Garrelie on 05 July 2006 at 8:12am
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John Byrne
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Posted: 05 July 2006 at 8:23am | IP Logged | 9  

...even further confounding the issue, we have broadened the ban or regulation (through laws like McCain/Feingold) of direct political speech which advocates that an incumbent should be defeated in an imminent election.

***

I may be misunderstanding you, here, but I do not recall anyting in McCain/Feingold that could be thus described. Which part or parts are you referencing?

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John OConnor
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Posted: 05 July 2006 at 8:40am | IP Logged | 10  

"Have you even read the Declaration of Independence?  There's a little thing in there called the First Amendment that you maybe ought to read, buddy. "

 

John -- while of the Declaration is important historically, it is really just a piece of paper [albeit with a hidden map on the back]. I think you mean the constitution.

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Ian Evans
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Posted: 05 July 2006 at 8:46am | IP Logged | 11  

My name is Ian - and I knew exactly what I was writing
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John Mietus
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Posted: 05 July 2006 at 11:43am | IP Logged | 12  

I got it and thought it was pretty funny, Ian.
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