Law Professor Eugene Volokh has an interesting post entitled, "Court Refuses To Order Restrictions on Reader Comments at Media Web Pages Related to Death Penalty Trial."
posted by Helen at 11:57 AM
Monday, July 20, 2009
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3 Comments:
It is a wonder that in the courts' reasoning, they never mention that they do not have the authority to restrict the behavior of persons not before the court, nor do they have the power to legislate.
I suspect, no one has ever told them "no".
it has long been my understanding that when a judge brings a sentence down, he or she by default beceomes legislative...in cases where a precedent is set.....and it could be said that they then also have power of those not before the court.
Punishing or otherwise discouraging the use of words, however distasteful only empowers criminals.
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