Hacker News new | ask | show | jobs
by DeliriousDog 611 days ago
You aren't attempting to defraud anyone.

The intent is clearly to prevent entities from publishing clearly fake/ill-gotten reviews. The first amendment does not protect your speech when that speech is used to assist in committing another crime. The second amendment exists, but that does not give you carte blanche to shoot people (extreme example).

For a speech related example, see the Freeman v Giuliani case[^1], where the defense stated that they "have a first amendment right to lie," which was ruled to not be the case in defamation.

Also remember that there needs to be some measurable level of harm inflicted. A silly comment in this thread is unlikely to have any measurable level of harm, but cheating reviews may result in tens to hundreds of thousands of dollars in sales.

[^1]: APNews https://apnews.com/article/giuliani-2020-election-georgia-de...)