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Subject:Re: Hit Man Manual From:Tim Altom <taltom -at- IQUEST -dot- NET> Date:Wed, 12 Nov 1997 14:52:07 -0600
At 03:41 PM 11/12/97 +0000, you wrote:
>What a horror story, Tim. I don't imagine the family of the person who died
>would agree with you, but as a writer I understand precisely where you are
going
>with you very pertinent statements. This case is so absurd. What the hell
>happened to the Constitution and Bill of Rights?
>
>Thanks,
>Don Stovicek
>
>
The appeals court apparently decided that the book wasn't covered, because
it had no political implications. That's not an uncommon finding, by the
way. The First Amendment has been generally held to be a protection for
political speech, not crass commerce nor potentially damaging information.
The most famous exception is the "crying fire in a crowded theater" test.
That's why flag burning is such a powerful whirlwind, because it has such
strong political tones that most federal courts can't bring themselves to
ban it despite its unpopularity.
Paladin's book didn't seem to the appeals court to have any political
purpose, so it falls into the category of "general stuff" that isn't really
First Amendment fodder. Pornography often winds up there alongside it. I'm
concerned that our commercial manuals fall into the same hopper.
Tim Altom
Vice President, Simply Written, Inc.
317.899.5882 (voice) 317.899.5987 (fax)
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