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Re: Responses to "Spam costs and questions" (long)
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In <[email protected]>, on 06/08/97
at 07:10 AM, Kent Crispin <[email protected]> said:
>On Sun, Jun 08, 1997 at 08:42:49AM -0500, Dr.Dimitri Vulis KOTM wrote: >
>"William H. Geiger III" <[email protected]> writes:
>>
>> > In <[email protected]>, on 06/07/97
>> > at 12:54 PM, [email protected] (Igor Chudov @ home) said:
>> >
>> > >There is a lot of commercial compelled speech. For example,
>> > >mutual funds must say that past performance is not a guarantee of future
>> > >results.
>> >
>> > >Do you find this kind of compelled speech unconstitutional?
>> >
>> > Well I don't know how Duncan feels about it but I think it's highly
>> > unconstutional.
>>
>> I can still publish a book and claim that borshch (Russian beet soup)
>> cures cancer. However if I also offer to sell beets my mail order,
>> the FDA can bite me. It's "constitutional" because it protects the
>> olygopoly of the large drug companies with political connections.
>Drug regulation muddies the waters quite a bit -- the issue is commercial
>speech in general. And that issue is a more basic one --
>some entity (the government, in this case) is designated as the "enforcer
>of contracts". Contracts are special documents that by their very nature
>involve "enforcement". What you say in a contract binds you. What you
>say outside of a contract does not. What you say in a contract is,
>therefore, and by definition, not "free".
<sigh> Ofcource what I say in a contract is "free". I can say anything I
want in a contract solong as the parties involved agree.
What is controled is my actions not my speech. If I enter into a
"contract" to provide borshch on the promise that it will cure your cancer
*knowing* that it will not then I am guilty of fraud. This fraud is caused
by my not honoring the contract. The government does not have a right to
restrict my speech in a contract only as an arbitrator of contracts do
they have a right to restrict my actions (ie: that I live up to the
conditions of the contract).
- --
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Geiger Consulting Cooking With Warp 4.0
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