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- Xref: sparky misc.legal:23113 alt.censorship:10074 alt.society.civil-liberty:7485 alt.politics.usa.constitution:1536
- Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
- Path: sparky!uunet!usc!howland.reston.ans.net!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Message-ID: <1993Jan22.122306.19468@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1993Jan21.035728.25466@ucsu.Colorado.EDU> <1993Jan21.113050.24209@eff.org> <1993Jan22.011520.9966@ucsu.Colorado.EDU>
- Distribution: usa
- Date: Fri, 22 Jan 1993 12:23:06 GMT
- Lines: 30
-
- In article <1993Jan22.011520.9966@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
-
- >No, I don't think the a judge should uses the results a ruling will
- >have, as part of the reasoning behind an interpertation. That would
- >be activism (to base the ruling on a desired result). However, that
- >doesn't preclude considering the effects of an interpertation
- >_after_ arriving at an interpertation. You have been debating a
- >good example of this receintly: Justice Homes "Clear and Present
- >Danger" test for freedom of speach. When he first proposed
- >it, it appeared to adaquately protect free expression of ideas.
- >After looking at it's effects, however, the Court deceided that
- >the test was not, in fact, a good interpertation since it didn't
- >effectively protect the right, and adopted a different test.
- >Both tests were not "activist" interpertations. They were an
- >effort to simply interpert the Constitution without basing
- >the resoning on some desired result. However, a consideration of
- >the results helped the Court choose one over the other.
-
- This passage contradicts itself.
-
-
- --Mike
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-