Richard ‘Lowtax’ Kyanka, founder of Something Awful, has died

Re:Richard ‘Lowtax’ Kyanka, founder of Something Awful, has ... by mountainb on Monday November 15, 2021 @06:37AM (#29226256)

They don't operate within a vacuum: the historical context matters. Over the last 400-500 years, the Anglo-American elite mostly decided to support the free exchange of ideas relating to politics and religion to support vigorous debate and an open public sphere. That's the primary value that the first amendment is supposed to protect. It's also supposed to act as a sort of political safety valve that prevents civil war and that tends to privilege parliamentary procedure over arbitrary executive/royal rule.

The intention was not to enshrine a right to smut in the constitution, nor was it to legalize criminal harassment, threats, or defamation. That's something that was read into it by judicial activism.

[ Parent | on HN ]

Re:Richard ‘Lowtax’ Kyanka, founder of Something Awful, has ... by unclebucknasty on Wednesday November 17, 2021 @09:34AM (#29253502)

>The intention was not to enshrine a right to smut in the constitution...That's something that was read into it by judicial activism

The phrase "judicial activism" has a bit of a pejorative tone to it, but I'm not sure that we can identify a single right enshrined in the Constitution that hasn't been so challenged or invoked in ways not initially "intended". There's no practical way to avoid that, and I don't think we'd want to in any case.

But, this was anticipated and we have a system for adjudicating such questions.

So, I don't take exception to the idea that these things can be considered, tested and decided. In fact, I take exception to those who pretend that's not the case or that we have and must blindly enforce 1A and other rights.

[ Parent | on HN ]