Knightskye
12-28-2009, 04:48 PM
http://www.religioustolerance.org/co_de_am2.htm
New Mexico law:
In 1998, the New Mexico governor signed into law: "Section 1(A), 1998 New Mexico Laws, Chapter 64, to be codified as Section 30-37-3.2(A) of the New Mexico Statutes Annotated." It banned Internet material that may be "harmful to minors." 12 Any material on the Web which involves "nudity, sexual intercourse, or any other sexual conduct," and "indecency" was criminalized. The scope of the law was far reaching. This web site, for example, might be interpreted as violating the New Mexico law in its essays on the Satanic Ritual Abuse hoax, religious and medical views on masturbation, abortion access, etc. We have dozens, perhaps hundreds of essays which describe religiously liberal beliefs which many religious conservatives would find blasphemous or indecent....and vice versa. The American Civil Liberties Union and many other groups applied for an injunction that would suspend application of the law. A three-judge panel of the Tenth Circuit Court of Appeals in Denver, CO granted the injunction, stating that the "Plaintiffs are likely to succeed on their claims that:"
bullet The law violates the 1st, 5th, and 14th Amendments of the U.S. Constitution in a variety of ways.
bullet The government has not put forth a valid case that the law would "directly and materially advance a compelling governmental interest." or that the law "constitutes the least restrictive means of serving its stated interest."
bullet It also violates the Commerce Clause of the U.S. Constitution "because it constitutes an unreasonable and undue burden on interstate and foreign commerce," and "because it subjects interstate use of the Internet to inconsistent state regulations." Considering one of our site's essays as an example: the text was composed in Canada, transferred to a web hosting service in Pennsylvania and might be accessed by an individual in New Mexico. The state law attempts to reach beyond the borders of New Mexico and regulate commerce elsewhere in the U.S. and in a foreign country. 13
I mean, he signed a piece of legislation that violated the 1st, 5th, and 14th Amendments and the Commerce Clause, but he's libertarian-leaning, right?
Has he expressed regret signing this into law? I know it was about child porn, but it's regulating the internet.
New Mexico law:
In 1998, the New Mexico governor signed into law: "Section 1(A), 1998 New Mexico Laws, Chapter 64, to be codified as Section 30-37-3.2(A) of the New Mexico Statutes Annotated." It banned Internet material that may be "harmful to minors." 12 Any material on the Web which involves "nudity, sexual intercourse, or any other sexual conduct," and "indecency" was criminalized. The scope of the law was far reaching. This web site, for example, might be interpreted as violating the New Mexico law in its essays on the Satanic Ritual Abuse hoax, religious and medical views on masturbation, abortion access, etc. We have dozens, perhaps hundreds of essays which describe religiously liberal beliefs which many religious conservatives would find blasphemous or indecent....and vice versa. The American Civil Liberties Union and many other groups applied for an injunction that would suspend application of the law. A three-judge panel of the Tenth Circuit Court of Appeals in Denver, CO granted the injunction, stating that the "Plaintiffs are likely to succeed on their claims that:"
bullet The law violates the 1st, 5th, and 14th Amendments of the U.S. Constitution in a variety of ways.
bullet The government has not put forth a valid case that the law would "directly and materially advance a compelling governmental interest." or that the law "constitutes the least restrictive means of serving its stated interest."
bullet It also violates the Commerce Clause of the U.S. Constitution "because it constitutes an unreasonable and undue burden on interstate and foreign commerce," and "because it subjects interstate use of the Internet to inconsistent state regulations." Considering one of our site's essays as an example: the text was composed in Canada, transferred to a web hosting service in Pennsylvania and might be accessed by an individual in New Mexico. The state law attempts to reach beyond the borders of New Mexico and regulate commerce elsewhere in the U.S. and in a foreign country. 13
I mean, he signed a piece of legislation that violated the 1st, 5th, and 14th Amendments and the Commerce Clause, but he's libertarian-leaning, right?
Has he expressed regret signing this into law? I know it was about child porn, but it's regulating the internet.