This is a good example of the press not understanding an issue, but reporting anyway and relying on emotion instead of research and intellect (sounds like a lot of reporting about dogs!). This law is an extension of a law on the books that bans telecommunications harassment that was put in place in 1934. It does NOT cover speech that is protected by the First Amendment. For a full discussion check here:
Major Iain Pedden Webboard User Reg: 02-18-2003
Posts: 197
Loc: Virginia
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I disagree with your analysis. The commentator criticized the fact that it applied to internet communications, which is what the new law was expanded to include. And it does cover speech protected by the first amendment; all speech is covered by the first amendment. Some speech is not protected by it, but you've got to go quite alot farther than "annoy" to cut into the unprotected zone.
But even in the article you cite, there is a separate analysis of a case which tested this law. The guy was cussing out a U.S. attorney on the phone, without identifying himself. The court said (according to the article you cite-I haven't pulled the case myself yet) that this was protected speech.
So what's the point of the law? It cannot legally accomplish its stated objective. Great fodder for blogs and kitchen table catfightts, though.
This thread should be moved to the law forum.
My posts reflect my own opinions, and not those of the Marine Corps or the United States.
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Re: Not dog related, but webboard related. . . . .
[Re: Robert VanCamp ]
#94514 - 01/10/2006 12:33 PM 
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