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295 points AndrewDucker | 3 comments | | HN request time: 0.571s | source
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BrenBarn ◴[] No.45048272[source]
Our legal system is a shambles that is clearly not prepared to handle this kind of thing, even setting aside the situation with the supreme court. It's become clear that the "shadow law" of simply passing unconstitutional statutes, filing frivilous lawsuits, etc., is operating independently of the real legal system moves too slowly and does not have adequate mechanisms to prevent what is essentially a DDoS attack. All justice is delayed and so all justice is denied.
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rayiner ◴[] No.45053131[source]
> It's become clear that the "shadow law" of simply passing unconstitutional statutes

What makes you think the statute is "unconstitutional?" The Supreme Court hasn't tackled the issue directly, but it upheld a law requiring libraries to install blocking software to restrict access to websites for children: https://en.wikipedia.org/wiki/United_States_v._American_Libr.... Remember that, prior to the reinterpretation of the First Amendment in the mid-20th century, the "obscenity" carve-out was broad enough to outright ban things like pornography, much less allowing access to children.

That said, I suspect that the law is probably unconstitutional, insofar as it's targets at a type of speech (social media) that doesn't fall within any of the traditional exceptions. I don't think the "under 18" rationale holds when you're talking about content that traditionally hasn't been prohibited to children.

Regardless, this isn't an instance of the state blatantly violating some clear Supreme Court precedent. (And even that's okay if you have a good-faith basis for challenging the precedent! That's how impact litigation often works.)

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1. StopDisinfo910 ◴[] No.45053979[source]
What makes you think the current Supreme Court has any interest in upholding the constitution?
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2. BrenBarn ◴[] No.45059541[source]
The bigger issue though is what makes any of us think that upholding the constitution is upholding justice, right, or any such substantive ideals?
3. UncleMeat ◴[] No.45062619[source]
It's rayiner. They've got interesting views.