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Re: Is Hate Code Speech?
On Wed, 26 Aug 1998, William H. Geiger III wrote:
> Yes but should this "standard" be enforced by law? Last time I looked
> there was no Constitutional right not to be offended.
Yet harassment is actionable. Nutty, huh? And it's just
the tip of the iceberg: apparently the law protects you
from being severely beaten, despite the fact that there is
no explicit constitutional right not to be severely beaten.
Not trying to equate harassment with a severe beating, just
pointing out that the lack of an explicit constitutional
right does not magically nullify the rest of the law.
> strong Constitutional right to freedom of speech and the courts have long
> ruled that it is not just popular speech that is protected.
Indeed, "popular" speech is, almost by definition, the kind
of speech that never really needs protection. That first amendment
wouldn't have much of a purpose if it only protected popular
stuff.
> IMHO, this whole matter is an internal company matter. The courts and
> politicians should have no say in it.
It WAS an internal company matter, apparently, but the
company didn't seem to do anything to remedy it. That's
when you turn to law.
-Caj