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by jklinger410 64 days ago
The word prosecution aside. Who rules on the outcome and enforces it? The state.
1 comments

The state enforces property rights too. Let's say someone won't let me build a place of worship on their land. Is that a "first amendment violation but with more steps"?

You could make any instance of "government upholds the law" into "constitutional violation" that way.

A ruling in a civil court is very obviously not a prosecution. Because prosecutors can't, by definition, make rulings.

https://news.ycombinator.com/item?id=47876627 this argument is far more persuasive to me btw.

Laws that force the government to violate the constitution are unconstitutional. So yes, a violation but with more steps.

A ruling in a civil court that is enforced by a government is the same thing as the government ruling it, but through transitive properties. It can't be not enforced and enforced at the same time (the argument that civil is somehow not judicial).

In reality we are just griping that our government is too pussy to amend the constitution, and we've already written laws that subvert it, and those are being upheld by a corrupt/politicized supreme court and bullshit case law.

> our government is too pussy to amend the constitution

The federal government can't amend the constitution.

> we've already written laws that subvert it

If you want to see an actual violation of the First Amendment by the government here's one that Thomas Jefferson himself encouraged: https://en.wikipedia.org/wiki/People_v._Croswell

Not even all the Founding Fathers believed in complete freedom of speech.