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by ashtonkem
1624 days ago
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> as far as I understood recently about US is that the speech is protected between the citizen and the government, not between civil entities, as business/corps and citizen This is mostly true. But there are some special exemptions. The real gotcha is that the courts have generally taken a dim view towards using the courts themselves to restrict someone’s speech. The Supreme Court basically doesn’t want (or maybe didn’t want given their recent changes) congress to launder free speech violations to civil lawsuits enforced by the courts. That’s kind of a neat trick that you’d generally want to suppress, which if I understand is why there are first amendment issues around defamation lawsuits, despite being purely between individuals. How does this work with the DMCA? I dunno. But to my (non lawyer) eyes it does seem kinda like it effectively criminalizes speech, and I wonder if it should stand up to judicial scrutiny. |
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