Restore the Old Republic
Posted Dec 10, 2005 22:12 UTC (Sat) by jmorris42
In reply to: Restore the Old Republic
Parent article: Linux in a binary world... a doomsday scenario
> BTW, even the most strict reading of the Commerce Clause would give
> Congress the power to prohibit interstate trafficing in things the DCMA
Wrong on two counts. The Commerce Clause has been horribly abused of late to attempt to justify things that are blatently unconstituitional. Most attempts to use the Commerce Clause to control anything other than interstate tariffs, shipping, etc are abuses.
But even if you were correct as to the original intent of the writers of the Commerce Clause, the Bill of Rights are AMENDMENTS and therefore superceed anything in the original. "Congress shall make no law...." is pretty blunt. Code IS speech and attempts to supress publishing the source of DeCSS are so obviously an infringement of the First Amendment that only a moron or a "Constituitional Scholar" could fail to see it.
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