John Doe vs. John Doe: Virginia Court's Decision in Online 'John Doe' Case Hailed by Free-Speech Advocates
Sandy Sandfort
sandfort at mindspring.com
Tue Mar 20 17:17:29 PST 2001
Jim wrote:
> What is the reason the civil statute exists?
> Because some 'damage' has occured.
Wrong. Damages have always been contemplated under the common law tort
system. There are numerous and complex reasons that some torts have also
been "criminalized."
> Ultimately the real question is:
>
> Is it constitutional to differentiate the
> rights with respect to speech between civil
> and criminal cases?
Sure, the Constitution is a document that outlines and limits the power of
the state over the individual. The common law is the summation of the
rights and responsibilities as between individuals. Apples & oranges.
S a n d y
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