biep@klipper.UUCP (04/13/87)
In the Netherlands, and I cannot believe it's different in the States, if it is unclear whether something is legal or not, one can set up a try-out. After having notified the court, and having had permission, one does the thing, and the police gets you. Then the court judges you, and if you are fined you get a symbolic fine of 1 guilder. Once this has happened, whatever the outcome, there is legal precedence and everybody can stop guessing. I suppose such a try-out trial is in place in the case of Stargate being or not being a common carrier. Just let Stargate send out everything it gets from e.g. Lauren Weinstein, claiming it is a common carrier, and let Lauren send a message saying "Lauren is crazy"; let Lauren then bring Stargate to court (I suppose both Stargate and Lauren are poor enough they can get pro Deo justice), and let the case be cleared up once and for all. -- Net weight is determined by only looking at the *contents* of a posting. -- Biep. (biep@cs.vu.nl via mcvax) To be the question or not to be the question, that is.
pes@bath63.ux63.bath.ac.uk (Paul Smee) (04/16/87)
It's a wee bit different in the States, in an important way. There, too, in order to test the legality of something (including the constitutionality of a new law) you've got to commit the act (or break the law) and be taken to court. **However**, there is no guarantee that you will be able to get the courts to regard your action as a 'symbolic action to test the law'. In some cases (e.g. the cases in Massachusetts in the early Seventies involving Dr. Baird distributing birth control info) the courts will be reasonable, and will impose a symbolic punishment (say a dollar fine). However you're always running the risk that you will be well and truly done, to the full extent of whatever punishment is allowed. Depends on the judge, the mood of the jury, the prevailing politics in the time and place, ...