Re:Detecting Money Laundering
by rayiner on Monday June 27, 2016 @12:27PM
(#11987245)
> > Back then, I highly doubt you would get sued
Common law contract and tort principles were well-developed back then, and indeed were created for situations like ordering horseshoes from the village blacksmith, or ordering a new axle for your windmill.[1]
> So by this argument, if the first amendment didn't exist, the government would have the right to regulate speech that uses public infrastructure (anything on public airwaves, the internet, delivered via the mail system, etc)?
No, because the first amendment does not create the right to free speech, but recognizes a right to free speech that already existed. But if that wasn't the case, then I think the answer would be yes.
> So by this argument, if the first amendment didn't exist, the government would have the right to regulate speech that uses public infrastructure (anything on public airwaves, the internet, delivered via the mail system, etc)?
Common law contract and tort principles were well-developed back then, and indeed were created for situations like ordering horseshoes from the village blacksmith, or ordering a new axle for your windmill.[1]
> So by this argument, if the first amendment didn't exist, the government would have the right to regulate speech that uses public infrastructure (anything on public airwaves, the internet, delivered via the mail system, etc)?
No, because the first amendment does not create the right to free speech, but recognizes a right to free speech that already existed. But if that wasn't the case, then I think the answer would be yes.
> So by this argument, if the first amendment didn't exist, the government would have the right to regulate speech that uses public infrastructure (anything on public airwaves, the internet, delivered via the mail system, etc)?
[1] https://en.wikipedia.org/wiki/Hadley_v_Baxendale