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Friday, March 09, 2012

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egd

Just to be clear: I could start a website called "ObamaForAmerica.net", present it as race-baiting and advocating for violent revolution, closing with "Vote Obama 2012", and there would be no free speech implications?

If so, how the hell do campaign finance laws stay on the book?

Adam

They (campaign finance laws) don't stay on the books that well. And the theory Paul's campaign was espousing here was unrelated to any justification for campaign finance laws, it was simply trademark infringement.

Related to trademark, it would be really interesting, from a First Amendment, perspective if the Supreme Court's decision in US v. Alvarez (http://www.scotusblog.com/case-files/united-states-v-alvarez/) has anything to say about Paul's theory of trademark infringement here. From what I've read that was one theory that got some play at oral argument.

Hugo S. Cunningham


Anonymous speech has its place in a free society, but it is not the same thing as false-flag speech. If you claim to speak in someone's name, then you should forfeit your claim of anonymity against them. If you want to circulate an anonymous racist video about Jon Huntsman's family, then keep it anonymous.

Suppose someone embittered by Ralph Nader's criticism of Israel started putting out video clips supposedly of Ralph Nader explaining his opposition to Israel in inflammatory antisemitic terms, eg the Holocaust was a hoax, Jews are too pushy, a Jewish conspiracy shuts Palestinians out of the mainstream media, etc. And then he continued to put out bogus Nader video clips with more subtle poison. Do you really argue that Nader should have no recourse to find out who he is?

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