[51817] in Cypherpunks

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Re: SurfWatch

daemon@ATHENA.MIT.EDU (Brian Davis)
Sun Mar 10 01:29:50 1996

Date: Sun, 10 Mar 1996 01:36:29 -0500 (EST)
From: Brian Davis <bdavis@thepoint.net>
To: "Timothy C. May" <tcmay@got.net>
Cc: cypherpunks@toad.com
In-Reply-To: <ad67659f0b021004d8f2@[205.199.118.202]>

On Sat, 9 Mar 1996, Timothy C. May wrote:

> ...
> In the terms of the lawyers--from what I picked up during my time on the
> Cyberial list--a requirement that words be rated before they can be
> distributed would not pass Constitutional muster. This does not mean that
> one's words will not trigger prosecutions, lawsuits, treason trials, etc.
> What it means is that "prior restraint" is frowned upon (recall "The
> Progressive" H-bomb case of about 15 years ago, where a court subjected
> this magazine to prior restraint...a rare occurrence, later overturned. A
> more recent case involves "Business Week," and is still unresolved).
...
The Sixth Circuit recently held that the prior restraint by the idiot 
district judge was wrong.

EBD

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