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View Poll Results: Should Falcomist be permanently banned?
Yes. 8 9.30%
No. 78 90.70%
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Old 05-05-2008, 03:53 AM   #11
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Originally Posted by Ralath View Post
But if you really want to get legal, I present:

Roth v. United States

Basically:
  1. Obscenity is not protected by the U.S. Constitution
  2. Obscenity is defined by community standards.

But even if you do go on to read to the bottom a little further about Miller v. California (which I hope you do), it says that obscenity is protected under the First Amendment unless distributed to minors and unwilling third parties.

Falcomist broadcast his speech into public. Therefore, First Amendment does not protect him.

Ahem.

:3
Oh, the First Amendment doesn't apply in public? That makes a lot of sense.

Protecting unpopular (ie obscene) speech is the whole purpose of the First Amendment, speech that doesn't offend doesn't need protecting.

The First Amendment is supposed to apply to any speech in anywhere, regardless of the current legal interpretation which changes so drastically and so often its a joke. Ever heard of Lenny Bruce?

The real issue here is that Outsparks servers are not public, but the private property of Outspark and they can ban anyone they want for any reason. You can picket in the street in front of my house, but you can't picket on my lawn. Some private property has been ruled protected by the First Amendment in some cases, such as malls, but so far that doesn't apply to privately owned websites/servers.
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