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A comment on South Carolina bill outlaws websites that tell how to get an abortion. Parent comment

Re:South Carolina bill outlaws websites that tell how to get... by dragonwriter on Friday July 22, 2022 @11:03AM (#32192656)
> The first amendment doesn't have anything to say about the Internet, so it doesn't apply.

Moreover, when taking that mode of interpretation, it doesn't say anything about the States, nor does the 14th Amendment say anything about some of the rights protected against federal intrusion by the Bill of Rights.

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Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @11:34AM (#32193098)
I believe the process you’re talking about is called incorporation: https://en.m.wikipedia.org/wiki/Incorporation_of_the_Bill_of...

The Court will rely on this precedent where convenient, I suspect.

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Re:South Carolina bill outlaws websites that tell how to get... by dragonwriter on Friday July 22, 2022 @11:46AM (#32193230)
What I am talking about is that the particular mode of originalism that seems to have been adopted in Dobbs (and especially the extension specifically naming the broader doctrine of substantive due process as needing reconsideration in Thomas’ concurrence) is one which it is hard to see incorporation under the due process clause surviving if applied in any intellectually consistent, coherent manner.
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Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @01:42PM (#32194846)
Agreed. If it does stand, it will be in order to maintain ideological consistency, not judicial consistency. What a mess.
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