Re: IP: Clinton Wants Loophole In U.S. Free Speech Closed

[Reeza! <howree@cable.navy.mil>]

At 05:27 AM 11/11/98 -0800, b!X wrote:
>
>And notice also that the 1st begins with "Congress shall make no law" while
>the 2nd begins with "a well regulated militia".

and

>Becos the attempted paraody was lame in the same ways that all attempts to
>nonrationally support 2nd amendment freedoms by calling down the gods of 1st
>amendment freeomds always are nonrational. (And no, that's not me saying
>supporting 2nd amendment freedoms is irrational; it's me saying using the
>1st amendment to do so is irrational).

Let's try this again.

Notice how, in each of the amendments below, the 1st is the only one with
the text "congress shall make no law".

This is implied, understood to be implied, accepted as implied and supreme
court ruled to be implied as applicable to each of the rest of the bill of
rights, and later to the amendments, wherein it is not so specified as in
the 1st.

A large part of the reason that 2 thru 10 and the rest do not include that
phrase is to prevent the states from doing the very thing that congress was
and is prohibited from.

Congress cannot pass any law that would infringe freedom of speech, they
cannot cause the states by threat or incentive to pass such laws either-
say by withholding highway maintenance funding a la 55.

Arbitrary out of context interpretations of documents such as this are just
that. I grant you no brownie points for comprehension, you may have earned
some demerits for instigating a straw man.

Go to the back of the class.

Reeza!

--begin pasted text--

Amendment I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.


Amendment II
A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed. 


Amendment III
No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.


Amendment IV
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.


Amendment V
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation.


Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein
the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.


Amendment VII
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried
by a jury, shall be otherwise reexamined in any Court of the United States,
than according to the rules of the common law.


Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.


Amendment IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.


Amendment X
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or
to the people.

--end pasted text--


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