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Jacob Haller <[log in to unmask]>
Thu, 28 Aug 1997 17:01:19 -0400
text/plain (24 lines)
>I'm not a lawyer either. :)
>
>At 10:27 AM 8/28/97 -0400, Jacob Haller wrote:
>
>>>The government takes action amounting to a prior restraint when it
>  ^^^^^^^^^^^^^^
>
>The analysis stops right there. The First Amendment (for those who wave it
>around so vigorously without reading it) starts "Congress shall make no
>law..." You are not Congress. You are not the government, nor are you
>acting in a gov't sanctioned capacity.

Well, the fourteenth amendment makes it a bit less simplistic than that,
but yes.

On the other hand, the analysis has to go a bit farther if (say) the
question were about a mailing list running on a computer owned by a state
university.

I still don't doubt that it would be legal, but I would be far out of my
bounds in saying why, exactly.

-jwgh

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