Re:I gave Amazon a key to my house and regretted it
by logfromblammo on Thursday December 07, 2017 @03:49PM
(#15874029)
You just had to do it, didn't you?
Every time you say, "yell 'Fire!' in a crowded theater," a civil rights lawyer is forced to kick a puppy.
Re:I gave Amazon a key to my house and regretted it
by CodeMage on Thursday December 07, 2017 @03:55PM
(#15874101)
Care to elaborate? Genuinely curious here.
Re:I gave Amazon a key to my house and regretted it
by chilldream on Thursday December 07, 2017 @04:22PM
(#15874383)
It was coined by a judge attempting to justify legal censorship of someone protesting the existence of the draft.
https://www.popehat.com/2012/09/19/three-generations-of-a-ha...
Re:I gave Amazon a key to my house and regretted it
by CodeMage on Thursday December 07, 2017 @05:26PM
(#15874952)
Thanks. I didn't know about the historical context of that argument and it turned out to be quite important.
Re:I gave Amazon a key to my house and regretted it
by TallGuyShort on Thursday December 07, 2017 @03:55PM
(#15874108)
Well that is the textbook case of 1st amendment rights not being absolute.
Re:I gave Amazon a key to my house and regretted it
by dragonwriter on Thursday December 07, 2017 @04:31PM
(#15874485)
Well, no, it's dicta in the textbook case—Schenck v. United States, 249 U.S. 47 (1919)—of the Supreme Court getting swept aside by security hysteria and failing to protect the First Amendment; a decision whose substance was overruled by Brandenburg v. U.S., 395 U.S. 444 (1969).
Re:I gave Amazon a key to my house and regretted it
by TallGuyShort on Thursday December 07, 2017 @06:33PM
(#15875387)
I stand corrected, thank you. I recall being told specifically in 7th grade social studies that that was an actual case in the 1920's where someone did yell fire. I'm aware of other cases where the court decision was, "here's a ridiculous extreme we obviously wouldn't go to, so obviously let's just rule that it doesn't apply at all," and I hate it, so I'll stop using this :)
Not discussing confidential material shared with you on condition of your employer with an NDA is quite similar IMO to not sharing material information about a company's health days before their public earnings call. 1st amendment rights are not absolute. I'm not allowed to engage in libel, yell "Fire!" in a crowded theater, etc. I think abiding by NDA's about internal, confidential information is analagous and helps promote real, fair competition.