(04-03-2024 10:31 AM)Hambone10 Wrote: (04-02-2024 05:19 PM)tanqtonic Wrote: Well, dipshit -- the question is *if* [all these things happen] *can* the government intervene in any fashion, even to the extreme point of declaring an emergency.
Once again with your incessant need to control the conversation... limiting it to what YOU think it should be about.....
First as I have said... it is self-evident that the government has the power to declare national emergencies. That was addressed in my first posts on the issue regarding 'time of war'. The question then becomes, is 'this' sufficient for that declaration... and almost no information is given to reach a conclusion.
So you've just brought up this meaningless drivel in an attempt to feed your fragile ego.
Quote:My issue is/was 'given [my hypos], can/should the government intervene in a similar fashion.
Here's the thing, Tanq... I can explain this to you again, but I can't understand it for you. That's on you.... and your arrogance and insistence on controlling this conversation is preventing you from understanding.... because I made it clear...
Post 3712... I mentioned that to me, moderation, other than illegal content was inappropriate.
Implicit in that is that moderation of illegal content is NOT inappropriate.
You came back in post 3715 saying 'if that is the case, then troop movement disclosure during a time of war can't be moderated'.
I said in post 3719 that my 'illegal content' comment addressed that... because (and now I am paraphrasing, but I said all of this) that regulating disclosing troop movement during a time of war IS a power that the government has exerted...
And yet not necessarily illegal mind you. Even in times of war. Kind of cuts directly against you appropriateness standard above.
Quote:that is mostly moot today because of satellites, but should they deem it necessary, they have the power under emergency powers to do so.... to render it 'illegal' and thus subject to moderation.
They can? Can you state those specific emergency powers for us here. Again, be specific.
Quote:Now to the question of 'should'... which I've also sort of addressed that. Troop movements? Short of say 'Seal Team 6' which I addressed or some other small group that might not be easily detected by satellites... 'probably' not. I say 'probably' because you've given no specifics.... but the whole premise behind the word 'disclosing' is that this is a secret... which implies a reason for it to be secretive.
Disclosing may not mean what you argue by implication. And yes, the comment was very broad. Intentionally so. To point out that even folks like you support in some situations 'not hamstringing the government' --- that is precisely in line with the question that *you* derided Brown for even making.
But I am glad that you simultaneously support hamstringing the government, and at the same time (and only in various unconnected manners) support not hamstringing the government when it serves *your* specific goal.
You point to the 'disclosing troop movements' issue and unbashedly state that that garners your support in being addressed in an efficient manner by the government, and proudly point to your black line of 'illegality'. Its not per se illegal to do so, even in time of war.
You then state that it *can* be made illegal by some magical 'emergency power'. I'll bite. Which one? And how so? Or are you just pulling this out of supposition territory?
Quote:Kids jumping out of windows? Kids killing themselves based on tiktok dares? That too depends on a whole lot of factors not in evidence.... and is far-fetched to begin with.
Given the spate of kids eating detergent tablets as tik tok dares, or any of several score other styles of issues that arise fairly frequently that rise to the 'why are these dumbshits doing this because of a tiktok challenge" -- you think that 'far-fetched to begin with'? I find that activity fairly relevant, and somewhat prevalent. Thus a completely approriate issue to consider in the hypothetical predicate.
But apparently you think 'meh'. Got it.
Quote: In addition, I think it obvious that if someone is encouraging people to do things that they know or should know will bring harm to someone else, I'm pretty sure those can become 'crimes' of a sort.... and thus exceptions to the protections. I certainly don't know under which statutes they might fall... reckless endangerment?? Negligence? That's for people like you.
Someone executing a tiktok challenge on posting it is in no way 'illegal'. Either in the strict criminal sense, or in the lesser civil sense, nor in your vastly broad sense.
Quote:And if such crimes don't exist, then perhaps the government should look into writing such legislation. That is their job and they are allowed to regulate free speech (fire in a crowded theatre) if (according to the SCOTUS) they can demonstrate a compelling public interest and that this is the 'least restrictive' means of doing so.
So your view is to let a few score people maim or kill themselves, and all the while the issue in pending in the court system -- keep the video going and live? And it is 'inappropriate' in view for the government to intervene. Sounds like a rip roaring good time?
Quote:Quote:Hint: Think about the main reason for *any* exceptions for the 1st Amendment. Aside from those based on the Constitutional provision for copyright, and the ones for trademark, the vast majority have embedded in them a rationale based on a concept. It starts with presence of something that the speech in question threatens. It starts with the letters "dan" and ends with "er".
That is -- the concept is *already* embedded in 1A issues. From the get go. So squawk some more gobbledygook.
Lol... says the guy pulling predicates out of his ass and passing them off as something MORE than just his opinion. I began with 'to me'... meaning this is my opinion... and you disagreeing doesn't make me wrong.
The concepts embedded in exceptions to the BOR are 'compelling state interest'.... which is REALLY what drives the court and not 'danger'... but also that the proposed remedy reflects the 'least restrictive' means of advancing that interest.
Well, put that bright ol' noggin to work and say exactly *what* those state interests are in particular. You are correct that is the broad group, absolutely. But think about *what* in particular the state interest is specifically.
Seriously Ham. As a state solicitor general you cant simply say 'compelling state interest. End of story. But apparently you think so? Seriously?
Since there obviously *are* specific state interests (above and beyond the broad recitation that you attempt above), think about them. Ive listed a decent amount of them.
Almost all them have, as a specific rationale *and* that rationale as the compelling state interest that a state wishes to except from free speech, some form of the 'danger' issue that you are so frightened of invoking.
Quote:Now of course, 'danger' (which is already referenced by the number of deaths noted in each instance and example) is PART of determining the existence of a compelling state interest... but your comment implied that the mere presence of it creates that interest... and that is a demonstrable falsehood.
I dont think I said that, nor did I wish to imply that the 'mere presence of' is the sole basis of those interests. I guess I should yell 'liar' to you for promoting that which I did not say, nor implied.
My comment is simply directed that the concept you think is oh so terrible as in being introduced to 1A analysis, in specific *why* most exceptions are put forth in that realm, is that there is some form of danger that a state wishes to lessen.
Quote:The dumb thing about this part of the conversation is that this is all tied up in poor hypotheticals... both hers and yours. While I reserve my opinion on why YOU made such a ridiculous hypothetical, I have a suspicion that hers could have been an intentional attempt to do precisely what you have just done... and that is to blur the lines between 'danger' and 'compelling interest'.
Well, you have blurred the line of those two extraordinarily bad. The former is a fairly large subset of the latter.
Quote:If we get to the point where we have declared a state of national emergency because of an epidemic of kids jumping out of windows (her hypothetical, with no numerical construct) such that 1st amendment rights can be infringed, the already articulated argument that 50,000 gun deaths per year similarly creates a sufficient national emergency/epidemic to infringe 2nd amendment rights I am convinced would not be far behind... and a precedent set.
Well that has been tried. And put down at the highest level. I find your extension of the 'danger' construct fairly specious. A presence of danger is, and has been, core to whether a 1a exception is proper for about as long time as the Constitution has been in effect. It is part and parcel of the analysis, and enters into the calculus if a state actually has a compelling interest. For 200 years or so, mind you.
But *now* you are frightened about that standard being applied to another framework of analysis? Lol.
Quote:You don't have to share my skepticism and are more than free to disagree with my opinion, but you have stated a I find youbsolutely nothing upon which to base that disagreement.
Yep, you find pretty much anything that you dont agree with at the outset as 'absolutely nothing'. Try NT Exec Law 62-12 for one. I am not surprised that you state that sentence bolded above. Seems part and parcel to the Ham approach from what I can see.
Quote:I find it amusing that you so often accuse me of proclaiming myself an expert because [b]I have an opinion that I can and do reasonably support while you assert your non-existent authority to dismiss it out of hand.
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I have stated absolutely the basis of most exceptions to 1A, which flies in the face of your 'oh no, a danger argument'. I am sorry that you choose not to listen, nor to probably even look those items up.
Feel free to do so. Or just state your 'nothing but baseless' arm-waving schtick like you do in the bolded above.