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by waqf 5271 days ago
(devil's advocate) Your analogy is bad because "rounding up" is something one Does Not Do Without Due Process, whereas deleting an intertube site is not. (America managed for 200 years without any intertubes at all, you know, so it can't be all that important.)
2 comments
crgt 5271 days ago
Perhaps take a look at the NDAA? Due process was just signed away. http://boingboing.net/2012/01/03/missing-portion-of-obama-ho...
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crikli 5271 days ago
The lack of outrage over this is...saddening.
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InclinedPlane 5271 days ago
A closer analogy is shutting down a printing press. America survived for 100 years before offset printing existed, so why not craft a law that excludes newspapers that use offset printing presses from first amendment protections?
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snowwrestler 5271 days ago
The hyperbole around this law is getting irritating. Congress can't restrict First Amendment rights online any more easily than they can in print; laws cannot override the Constitution.
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JeremyBanks 5271 days ago
The constitution and other agreements on human/civil rights are frequently violated by the American government. Why do you expect this case to be any different?

(My favourite example is that America hasn't had a constitutionally-authorized war since World War II. https://en.wikipedia.org/wiki/Declaration_of_war_by_the_Unit...)

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snowwrestler 5271 days ago
Look, either you believe the Constitution limits the powers of the government, or you believe it doesn't.

If it does, then SOPA would be subject to those limitations as much as any printing press law would (the example to which I was responding).

If it doesn't, then why does SOPA matter at all? The government could just shut down websites left and right tomorrow regardless of what the law says.

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nirvdrum 5271 days ago
The problem is the gray area in between. Once passed, the law is the lay of the land. Its constitutionality can only be challenged once you've been charged with it. In the meanwhile, your livelihood is offline.

It's not uncommon for a law to be passed that is unconstitutional.

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waqf 5271 days ago
Just because the government sometimes gets away with unconstitutional things, it doesn't follow that there is no check whatsoever on the government's power.

For example, the government might get away with indefinitely detaining a few people without trial; but they might still forbear to arbitrarily detain more than a few percent of the populace for fear of popular revolt.

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InclinedPlane 5271 days ago
The constitution is just a piece of paper. It only has force so long as people allow it to. And local and federal laws can violate the constitution up until they are overturned by the courts (potentially a lengthy process).

It took nearly a century for the 14th Amendment to achieve the full force of law everywhere in the US.

We should not be the least bit blase about allowing unconstitutional laws to be passed, as though they would be null and void upon passing.

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