140
The christian fascist court will rule in favor of zombie jesus. That's how a cult works. We need some real judges in these positions, not some fascists.
Why do these people seem so intent on outing themselves?
Man I’m so paranoid. Why do I feel like it’ll be something stupid like claiming encryption is unconstitutional or that freedom of speech only applies to words that come out of a physical person’s mouth?
I'm kinda with you on this. It seems like quite a number of the cases they're taking on are to make their mark on condoning fascism and oppression.
they can't do the latter, or that would mean corporations can't pump infinite money to politicians
The only thing is that corporations need encryption and I don't think they want to disobey their corporate masters.
Oh that's easy. Encryption is only legal when communicating with a business that is registered with the IRS and not when doing peer to peer. There, we've hopelessly broken digital privacy while letting the US government determine who gets to exist online.
Honestly if it meant everyone got kicked offline I might take that exchange. Turns out access to the entirety of human information and misinformation is a pretty good way to go extinct (at least at the rate we are going).
Conservatives not only aren't fans of the IRS, they want to slash its budget. So that may not be what they want either.
The law requires web-based age verification on sites with at least one-third of their content devoted to adult sexual material. Now the Supreme Court will solicit arguments and briefs about the case.
My hot take is that it won't fly, but that Texas can also potentially revise the law to make it pass.
The problem is that this is targeting websites serving non-porn material if the site also serves porn. Like, there's porn on Reddit, for example. But this doesn't say "we restrict access to minors just to porn", but "we restrict access to the website", where someone like Reddit can do finer-grained filtering. It's hard, I think, to argue that this is the "least restrictive means" to solve the issue.
For a law that that restricts speech to pass the First Amendment, it has to pass strict scrutiny, and "least restrictive means" is one requirement of this.
https://en.wikipedia.org/wiki/Strict_scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional.
The standard is the highest and most stringent standard of judicial review and is part of the levels of judicial scrutiny that courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These standards are applied to statutes and government action at all levels of government within the United States.
The ACLU lawyer references a "reasonable" criteria, and apparently that's one element of the "rational basis" review, so I'm guessing that they're attacking it on those grounds.
this post was submitted on 03 Jul 2024
140 points (99.3% liked)
News
21721 readers
3303 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. Trolling is uncivil and is grounds for removal and/or a community ban.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS