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To: one_less who wrote (19933)8/26/2002 2:34:23 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 21057
 
We are the gov't. So we decide what is permitted.
No. We don't. Those rights guaranteed in the 1st 10 amendments are not subject to be (legally) abrogated by the government or by majority vote. A vote by 90% of your fellow townsmen that you must not advocate atheism means nothing. You are guaranteed freedom of speech and freedom of religion and they cannot vote those rights away.

The judicial system is a branch of the gov't and courts (juries) represent gov't action.
But they can do so only within the law. And law removing my freedom of speech is illegal.

Courts can only act on the laws that have been presented to them by the legislative branch.
And if a legislature passes a law in violation of those 1st 10 amendments, their action is unconstitutional and null and void.

Slandar is not gray, libel is not gray, harrassment is not gray.
Slander and libel can be quite murky and gray. And harassment quite commonly is not illegal. We've had examples of that on SI. More than one.

I would like to see this become actionable.
Too bad. It ain't and ain't likely to be.