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-   -   Meet your new thread, same as the old thread. (http://www.lawtalkers.com/forums/showthread.php?t=781)

sgtclub 05-11-2007 07:04 PM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
The government can grant patents and copyrights and trademarks. if you violate one of these the governement can stop you, I think EVEN IF you were only copying to exercise your free speech rights. The copyright law even has criminal sanctions.

I don't do defendant cases often, but next time should I add "IP law is unconstitutional" affirmative defense?
Really? Even for a non-commercial purpose?

notcasesensitive 05-11-2007 07:20 PM

So Snidely Condescending is a Hank sock?

Tyrone Slothrop 05-11-2007 09:06 PM

First Amendment, anyone?
 
Quote:

Originally posted by Effete Liberal Snob
What if the medals were merely tossed over a fence?
Littering, but probably a misdemeanor, not a felony.

Tyrone Slothrop 05-11-2007 09:07 PM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
does Hatch act carry prison time?
It costs you your job. At least in theory.

Hank Chinaski 05-11-2007 10:33 PM

First Amendment, anyone?
 
Quote:

Originally posted by Tyrone Slothrop
It costs you your job. At least in theory.
cite please

Hank Chinaski 05-11-2007 10:44 PM

First Amendment, anyone?
 
Quote:

Originally posted by sgtclub
Really? Even for a non-commercial purpose?
Patents, yes. TMs, yes. Copyrights have certain exceptions, but they aren't that broad.

If congress couldn't make some "speech" illegal if it interfaces with Governemnt shit, how could there be a Hatch act?

Tyrone Slothrop 05-11-2007 11:20 PM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
cite please
  • An employee who violates the Hatch Act shall be removed from their position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Merit Systems Protection Board finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Board.

linky (a quotation of 5 U.S.C. s 7321)

You can't Google "Hatch Act" like I can? First result.

Hank Chinaski 05-11-2007 11:29 PM

First Amendment, anyone?
 
Quote:

Originally posted by Tyrone Slothrop
  • An employee who violates the Hatch Act shall be removed from their position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Merit Systems Protection Board finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Board.

linky (a quotation of 5 U.S.C. s 7321)

You can't Google "Hatch Act" like I can? First result.
In Detroit, it is illegal to ogle a woman from a moving car.

Which law do you think we would find the last enforcement of, which is what I meant.

Tyrone Slothrop 05-11-2007 11:47 PM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
If congress couldn't make some "speech" illegal if it interfaces with Governemnt shit, how could there be a Hatch act?
If Colorado Springs is south of Denver, how could Seattle be north of Tacoma?

Tyrone Slothrop 05-11-2007 11:50 PM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
Which law do you think we would find the last enforcement of, which is what I meant.
Is it your impression that there are lots of federal employees engaged in political activities on the job? Mine was that they pretty well know not to do that sort of thing.

Hank Chinaski 05-12-2007 12:10 AM

First Amendment, anyone?
 
Quote:

Originally posted by Tyrone Slothrop
If Colorado Springs is south of Denver, how could Seattle be north of Tacoma?
oh. my point was that you guys can't just say "it abridges 'free speech' " because the government does that all the time. explain how the medal law is different if you want to discuss.

Hank Chinaski 05-12-2007 12:11 AM

First Amendment, anyone?
 
Quote:

Originally posted by Tyrone Slothrop
Is it your impression that there are lots of federal employees engaged in political activities on the job? Mine was that they pretty well know not to do that sort of thing.
maybe one big diff is that I worked in the government and in congressional campaigns?

Tyrone Slothrop 05-12-2007 01:15 AM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
oh. my point was that you guys can't just say "it abridges 'free speech' " because the government does that all the time. explain how the medal law is different if you want to discuss.
It seems to violate the First Amendment. It looks to me like a content-based restriction on expression not justified by any of the sorts of reasons that might justify that sort of thing. Do you disagree?

Tyrone Slothrop 05-12-2007 01:15 AM

First Amendment, anyone?
 
Quote:

Originally posted by Hank Chinaski
maybe one big diff is that I worked in the government and in congressional campaigns?
Woodward and Bernstein called this sort of thing a "non-denial denial."

Hank Chinaski 05-12-2007 01:33 AM

First Amendment, anyone?
 
Quote:

Originally posted by Tyrone Slothrop
It seems to violate the First Amendment. It looks to me like a content-based restriction on expression not justified by any of the sorts of reasons that might justify that sort of thing. Do you disagree?
which, hatch act or the medal law? or intellectual property?


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