Comments on: Think Of The Children https://fort90.com/think-of-the-children/?utm_source=rss&utm_medium=rss&utm_campaign=think-of-the-children The homebase of Matthew Hawkins Fri, 15 Mar 2024 13:57:00 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: katie https://fort90.com/think-of-the-children/#comment-6858 katie Wed, 12 Oct 2005 03:48:49 +0000 http://www.fort90.com/journal/?p=274#comment-6858 Whoa it looks like I'd better hit the books more! Whoa it looks like I’d better hit the books more!

]]> By: dhex https://fort90.com/think-of-the-children/#comment-6857 dhex Wed, 12 Oct 2005 02:59:30 +0000 http://www.fort90.com/journal/?p=274#comment-6857 i don't know whether this would actually fall under interstate commerce regulations; though after raich v. gonzales, everything is interstate commerce. that said, i dunno how much more or less crazy this is than refusing to rent adult material to minors (a la porn) i don’t know whether this would actually fall under interstate commerce regulations; though after raich v. gonzales, everything is interstate commerce.

that said, i dunno how much more or less crazy this is than refusing to rent adult material to minors (a la porn)

]]> By: Jason https://fort90.com/think-of-the-children/#comment-6855 Jason Wed, 12 Oct 2005 01:40:04 +0000 http://www.fort90.com/journal/?p=274#comment-6855 Astute observations Katie. However, the interstate commerce clause (Article I, section 8, clause 3 of the U.S. Constitution) deals with commerce between (and by) States (and Foreign Nations and Indian Tribes) not the commonly misapplied notion of commerce between people who happen to be in different States. Alas lawmakers have abused the misconstruction of this clause for nearly a century. Fortunately the final word rests in the hands of the people--not politicians. Declare the absurdity of this law to anyone and everyone you know in California that might ever end up on a jury in a prosecution under the above law. As juries refused to convict bootleggers during prohibition (leading to the eventual repeal of the law) we can still shun this latest attempt by politicians to impel their views on our private lives. This law has very broad language and much of it goes undefined. Very dangerous. Following many pornography trials we see again in this law the use of "community standards" as a litmus for what content can be defined as malicious. The policymakers must learn that they cannot adjudicate a consumer's behaviour or tastes (however poor)--unless we let them. Astute observations Katie. However, the interstate commerce clause (Article I, section 8, clause 3 of the U.S. Constitution) deals with commerce between (and by) States (and Foreign Nations and Indian Tribes) not the commonly misapplied notion of commerce between people who happen to be in different States. Alas lawmakers have abused the misconstruction of this clause for nearly a century.

Fortunately the final word rests in the hands of the people–not politicians. Declare the absurdity of this law to anyone and everyone you know in California that might ever end up on a jury in a prosecution under the above law. As juries refused to convict bootleggers during prohibition (leading to the eventual repeal of the law) we can still shun this latest attempt by politicians to impel their views on our private lives.

This law has very broad language and much of it goes undefined. Very dangerous. Following many pornography trials we see again in this law the use of “community standards” as a litmus for what content can be defined as malicious. The policymakers must learn that they cannot adjudicate a consumer’s behaviour or tastes (however poor)–unless we let them.

]]> By: katie https://fort90.com/think-of-the-children/#comment-6854 katie Tue, 11 Oct 2005 20:45:22 +0000 http://www.fort90.com/journal/?p=274#comment-6854 That new law is interesting. If the extent to which I understood this in Law and Public Policy is right, then it could be appealed as unconstitional by the video game companies as a violation of the dormant rule of the Commerce Clause. Then the appellate court would have to decide if it violates interstate commerce, by balancing the damage done to video game rental profits in CA against the damage done to kids playing violent games. America! -and- Happy anniversary! Advice from the Tastee Diner waiter: "Get that girl some french fries!" That new law is interesting. If the extent to which I understood this in Law and Public Policy is right, then it could be appealed as unconstitional by the video game companies as a violation of the dormant rule of the Commerce Clause. Then the appellate court would have to decide if it violates interstate commerce, by balancing the damage done to video game rental profits in CA against the damage done to kids playing violent games. America!

-and-

Happy anniversary! Advice from the Tastee Diner waiter: “Get that girl some french fries!”

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