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The Podcast / Podcast for 17 June 2018
« Last post by MrBogosity on June 17, 2018, 06:00:01 PM »


0:59 - Update: To Pre-empt an Ass-Handing, the Government Lards on Problematic New Charges against MalwareTech https://www.emptywheel.net/2018/06/06/to-pre-empt-an-ass-handing-the-government-lards-on-problematic-new-charges-against-malwaretech/

News of the Bogus:
14:10 - Biggest Bogon Emitter: Apple https://beinglibertarian.com/the-right-to-repair-is-a-libertarian-argument/

18:05 - Idiot Extraordinaire: Bulgaria https://www.independent.co.uk/news/world/europe/pregnant-cow-sentenced-death-eu-border-bulgaria-serbia-penka-a8380501.html

This Week's Quote: "The worst evil is—and that's the product of censorship—is the self-censorship, because that twists spines, that destroys my character because I have to think something else and say something else, I have to always control myself." —Milos Forman

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The Podcast / Re: Podcast for 10 June 2018
« Last post by evensgrey on June 15, 2018, 06:45:22 PM »
It's how appellate courts work. If you have something blatantly biased like this Commission using different criteria for the gay marriage cake as for the anti-gay cakes, you deal with that most serious issue first. Then you only deal with larger issues if dealing with the more serious issue didn't remedy the situation, which in this case it did.

This is also why so many rulings "kick back" the case to lower courts. After dealing with the serious issue, there's still a controversy that requires arguments that haven't been presented, so they're basically told to try again.

The Supreme Court does not (and should not) have the ability to just decide the big issues at their own whim.

And that is why this ruling is narrow:  It deals with the procedural unfairness the appellate was subjected to, but not the higher issues about wether the entire process is permissible in the first place, because it didn't have to.

I really don't see how you misunderstood the usage of the word 'narrow' in the first place.
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The Podcast / Re: Podcast for 10 June 2018
« Last post by MrBogosity on June 12, 2018, 09:19:34 AM »
It's how appellate courts work. If you have something blatantly biased like this Commission using different criteria for the gay marriage cake as for the anti-gay cakes, you deal with that most serious issue first. Then you only deal with larger issues if dealing with the more serious issue didn't remedy the situation, which in this case it did.

This is also why so many rulings "kick back" the case to lower courts. After dealing with the serious issue, there's still a controversy that requires arguments that haven't been presented, so they're basically told to try again.

The Supreme Court does not (and should not) have the ability to just decide the big issues at their own whim.
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The Podcast / Re: Podcast for 10 June 2018
« Last post by evensgrey on June 12, 2018, 09:05:31 AM »
So, what would an un-narrow ruling have looked like?

As the articles state, it would have dealt with broader issues, such as the 1st Amendment freedom of speech (or silence) and freedom of worship (or non-worship) issues that claiming that someone is entitled to a (transient, in this case) work of art that carries a specific message from a specific artist who does not want to create a work of art with that message because he believes it to contradict the tenants of his religion.  As it is, this is about the fairly narrow 5th Amendment matter of were his views on the message he was being asked to convey treated in the same manner as the views of any other artist being asked to convey the message of a prospective client which the artist does not believe in personally (which they were not, which is the basis of the ruling as I understand it).

Appellate courts generally seem to like making narrow rulings on the basis of procedural protections to end cases like this, probably because it means they don't have to think about the bigger questions, like whether it is permissible for the state to require speech that the speaker is, in fact, personally opposed to.  (Living in Canada, I have to deal with the fact that I am under a legal system that explicitly refuses to accept that a thing is done freely only if one is also free to NOT do it, such as I only associate freely with a person if I am also free to NOT associate with that person.  Here, we're going through a spasm of insanity from our idiot Prime Minister who thinks he can put you in jail for not using random nonsense instead of correct words because he just doesn't like the correct words.)
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The Podcast / Re: Podcast for 10 June 2018
« Last post by Dallas Wildman on June 12, 2018, 01:18:20 AM »
So, what would an un-narrow ruling have looked like?
Ruling that the mere existence of the Civil Rights Commission is unconstitutional, or that the government cannot forbid any business from refusing patronage from anyone for bigoted reasons.
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Jim Sterling does not know how to defend free speech


Jim's point boils down to this: if Steam does not moderate it's storefront (too the extent at which it can be called censorship) then regulations will follow.  This simply proves the point of many critics of the far left.  They are not content with the free market or the free marketplace of ideas.  That they geniunely believe it is the corporations', if not the government's, duty to police everyone's thoughts and opinions.  That they should de-platform anyone that does not adhere to their regressive orthodoxy.

Most video game critics on YouTube understand that content distributors should not take crap for content they host.  Credit for the content and quality of video games falls squarely on the developers.

Rags goes into much more detail as to why this problematic (to which Jim Sterling failed to refute):


To reiterate a point by Rags, no one gives crap to Wal-Mart or Barnes & Noble for selling copies of Mein Kampf or the Qu'Ran.  Everyone (at least those who haven't drunken the Kool-Aid for the far left or other identitarian sects) perfectly understands how awful Nazism and Wahabbism (not to throw shade at all Muslims) is.  In fact most are appreciative of content stores and libraries for selling or renting copies of books that promote such horrible ideologies.
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The Podcast / Re: Podcast for 10 June 2018
« Last post by MrBogosity on June 11, 2018, 04:04:17 PM »
So, what would an un-narrow ruling have looked like?
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The Podcast / Re: Podcast for 10 June 2018
« Last post by evensgrey on June 11, 2018, 10:18:58 AM »
You appear to have misunderstood the usage of the word 'narrow' in other coverage.  The coverage I read (including the article you link to) specifically states that the subject matter ruled on was narrow, not that the decision was made narrowly.
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The Podcast / Podcast for 10 June 2018
« Last post by MrBogosity on June 10, 2018, 06:00:00 PM »


Guest Host: Esoteric Entity https://www.youtube.com/channel/UCh5fUEtDdwOAj59f6FvDGWw

News of the Bogus:
26:22 - Biggest Bogon Emitter: The European Commission https://www.techdirt.com/articles/20180605/22253339978/eu-commission-violates-gdpr-claims-that-exempt-law-legal-reasons.shtml

32:10 - Idiot Extraordinaire: Jackie Kucinich http://reason.com/blog/2018/05/30/ama-castigated-for-rightly-opposing-a-na

This Week's Quote: “History is replete with examples of what happens when any group of authorities do not have to answer to empirical evidence but are free to define truth as they see fit. None of the examples has a happy ending.” —Robert Todd Carroll

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