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Article #1251

Re: the Right of Privacy (was Re: A Trial Balloon to Ban Encryption?)

#1251
From: Michael Phelps
Date: Fri, 06 Nov 1992 14:42
53 lines
2852 bytes
In article <1992Nov6.075448.21716@news.cs.indiana.edu>, Marc VanHeyningen <mvanheyn@whale.cs.indiana.edu> writes:
|> Thus said strnlght@netcom.com (David Sternlight):
|> >In response to a comment that the Feds have the right to regulate
|> >communications, Jyrki quotes the first amendment back at me.
|> >
|> >But it depends on interpretation. Regulating channels is not the
|> >same as regulating speech. A strict constructionist would say
|> >that one can say what one likes into the air via one's unaided
|> >voice. But as soon as technical means intervene (such as the use of
|> >a megaphone in a public park, or the use of e-mail) the government
|> >has the right to regulate those means. One is still free to talk,
|> >and thus the protection isn't violated.
|> 
|> >By the way, even strict construction has limits, as in the Supreme
|> >Court decision that the right to free speech does not extend to
|> >falsely crying "Fire!" in a crowded theater.

This came up in t.p.g, and this answer was posted.  I think it sums this up
quite well..


From: gt1111a@prism.gatech.EDU (Vincent Fox)
Newsgroups: talk.politics.guns
Subject: Re: So... Why have a standing army?
Message-ID: <71233@hydra.gatech.EDU>
Date: 14 Oct 92 17:52:13 GMT
References: <84952@bcsaic.boeing.com> <1992Oct14.154245.14297@watson.ibm.com>
Distribution: usa
Organization: Georgia Institute of Technology
Lines: 99

[edited]

No, no, no. Look the 1st doesn't even enter into in any such court case.
You would be on trial for unlawful injury to others assuming anyone was
injured. The 1st amendment in fact does allow you to say anything you
damn well please, anywhere you please. It is up to legal code separate
from that to deal with accusations of slander, libel, and similar 
"damage to others" categories.

[edited]

|> -- 
|> Marc VanHeyningen    mvanheyn@whale.cs.indiana.edu    MIME & RIPEM accepted
|> 
|> 
|> Patriotism is, in fact, the *first* refuge of the scoundrel.

-- 
Michael Phelps, (external) mjp@vnet.ibm.com ..
                (internal) mjp@bwa.kgn.ibm.com .. mjp at kgnvmy         
 (and last but not least a disclaimer)  These opinions are mine..       
Technical Details
Message-ID: <1992Nov06.144246.31506@watson.ibm.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!newsgate.watson.ibm.com!yktnews!admin!watson!mjp
References: <1992Oct29.210436.19724@netcom.com> <1992Oct30.105044.4526@nntp.hut.fi> <1992Oct30.165406.5853@netcom.com> <1992Nov6.075448.21716@news.cs.indiana.edu>

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Newsgroups: sci.crypt,alt.politics.usa.constitution
Path: arc1-ca.pugleaf.net!sparky!uunet!newsgate.watson.ibm.com!yktnews!admin!watson!mjp
From: mjp@austin.ibm.com (Michael Phelps)
Subject: Re: the Right of Privacy (was Re: A Trial Balloon to Ban Encryption?)
Originator: mjp@bwa.kgn.ibm.com
Sender: @watson.ibm.com
Message-ID: <1992Nov06.144246.31506@watson.ibm.com>
Date: Fri, 06 Nov 92 14:42:46 GMT
Reply-To: mjp@vnet.ibm.com (Michael J. Phelps)
References: <1992Oct29.210436.19724@netcom.com> <1992Oct30.105044.4526@nntp.hut.fi> <1992Oct30.165406.5853@netcom.com> <1992Nov6.075448.21716@news.cs.indiana.edu>
Organization: IBM Kingston NY
Lines: 53