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- Xref: sparky sci.crypt:4403 alt.politics.usa.constitution:926
- Newsgroups: sci.crypt,alt.politics.usa.constitution
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!uwm.edu!linac!att!news.cs.indiana.edu!mvanheyn@nectarine.ucs.indiana.edu
- From: Marc VanHeyningen <mvanheyn@whale.cs.indiana.edu>
- Subject: Re: the Right of Privacy (was Re: A Trial Balloon to Ban Encryption?)
- Message-ID: <1992Nov6.075448.21716@news.cs.indiana.edu>
- X-Quoted: 56%
- Organization: Computer Science Dept, Indiana University
- References: <1992Oct29.210436.19724@netcom.com> <1992Oct30.105044.4526@nntp.hut.fi> <1992Oct30.165406.5853@netcom.com>
- Date: Fri, 6 Nov 1992 07:54:40 -0500
- Lines: 28
-
- Thus said strnlght@netcom.com (David Sternlight):
- >In response to a comment that the Feds have the right to regulate
- >communications, Jyrki quotes the first amendment back at me.
- >
- >But it depends on interpretation. Regulating channels is not the
- >same as regulating speech. A strict constructionist would say
- >that one can say what one likes into the air via one's unaided
- >voice. But as soon as technical means intervene (such as the use of
- >a megaphone in a public park, or the use of e-mail) the government
- >has the right to regulate those means. One is still free to talk,
- >and thus the protection isn't violated.
-
- >By the way, even strict construction has limits, as in the Supreme
- >Court decision that the right to free speech does not extend to
- >falsely crying "Fire!" in a crowded theater.
-
- Use of a megaphone in a public park forces others to listen who may not
- wish to. Use of the public airwaves is a special case because it is a
- scarce resource. Use of your voice to shout "Fire!" in a theater
- directly endangers others.
-
- Exactly which of these legal justifications do you believe applies to
- email, and why?
- --
- Marc VanHeyningen mvanheyn@whale.cs.indiana.edu MIME & RIPEM accepted
-
-
- Patriotism is, in fact, the *first* refuge of the scoundrel.
-