Re:Added 49 volumes of Arkansas, Mississippi, and Tennessee law
by andrewflnr on Thursday December 29, 2022 @05:27PM
(#34178929)
They wouldn't include the commentary in their official copies if they didn't intend for it to affect how the law is interpreted. That makes "legislation" vs "explanatory notes" a meaningless distinction. It has a direct effect on the actions of people with guns and badges, therefore we the people have a right to know.
Here is an example (reckless driving): https://law.justia.com/codes/georgia/2020/title-40/chapter-6...
The first part, subsections (a) and (b) is the actual law. That’s the only legally operative part that defines what reckless driving is. In most states, that is the only thing that is published.
The following sections are explanatory notes that don’t have the force of law and are not law. For example, it cross references relevant case law. In other states private companies will create these annotated versions of the legal code with these cross references, and those are definitely copyrightable.