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Old 10-07-2010, 04:46 PM
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randallscott35 randallscott35 is offline
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Join Date: May 2006
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Quote:
Originally Posted by hi_im_god View Post
you've simplified plaintiff arguments in a way that if true would, in fact, make this a slam dunk. so why did the supreme court grant cert?

plaintiff won $5 million against westboro in a lower court. the appeals court overturned that verdict. now the supreme court agreed to hear the case when all they had to do was deny cert and the appeals court ruling stands. why would they bother hearing the case?

re-read what riot wrote. it's not about signs held up at funerals. it's about the speech specifically targeted at plaintiff on the westboro website. the issue is going to be whether or not this plaintiff is a public figure. that's where the justices questioning went. if he is, then falwell vs. flynt applies and it is indeed a slam dunk.

if he's not, then they'll either expand the free speech rules from flynt so they also apply to private individuals or they'll distinguish from flynt and you could see a very different ruling than you expect.

the court took on the case for a reason. i don't know what it is but i guarentee it wasn't to waste all the time and effort to say the appeals court had it exactly right. they're going to make a point. they wouldn't have taken the case otherwise.
Yes they take very few cases but they haven't taken one in 22 years such as this. More a, we are due factor, than rewriting the law....As for the internet post, the line of questioning didn't follow that that was their main concern for the case. Second, if they upheld the judgment, every blogger who is critical of someone from here on out will be taken to court....In 2 months we will see who is correct.
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