From: Sandy Sandfort <sandfort@crl.com>
Date: Sat, 3 Aug 1996 15:31:54 +0800
To: Jim Choate <ravage@EINSTEIN.ssz.com>
Subject: Re: Tolerance (fwd)
In-Reply-To: <199608030358.WAA11568@einstein>
Message-ID: <Pine.SUN.3.91.960802221348.29048B-100000@crl5.crl.com>
MIME-Version: 1.0
Content-Type: text/plain


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                          SANDY SANDFORT
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C'punks,

On Fri, 2 Aug 1996, Jim Choate wrote:

> Stating a list is 'public' is an inherent contract between the list
> provider and the subscriber with certain expectations on both parties part.
> The list provider expects no illegal activity to take place such that they
> are placed in jeopardy and the subscriber expects to recieve access to a
> public (ie not regulated by a third party other than themselves and the
> members en toto) list. Claiming the right to throw somebody off for any
> reason other than illegal activity nullifies the claim of 'public'.

A.  Where does Jim get the terms of the contract he implies from
    the simple word "public"?  As far as I can see, he simply made
    it up from whole cloth.  Interesting, but totally without any
    legal basis.
B.  I'm unaware that the Cypherpunks list has ever been advertised
    as "public" by the list owner.
C.  Combining A & B, I know of know instance where the owners of
    the Cypherpunks list ever made any indication that they were
    adhearing to the Byzantine interpretation of contract law as
    suggested by Jim.  (It sure doesn't comport to what I learned
    in my Contracts classes.)

> > A restaurant or bookstore is a public place in that it is open
> > to the public.
> 
> I know of no state in the union where a bookstore, restaurant,
> mall, etc. is considered public.

Actually, it's the law in ALL states in the union since the Public 
Accomidations Act was enacted some time in the '60s (with the
possible exception of Texas, I guess).

> Legaly a public place is someplace which is operated using
> public monies.

Like the Cypherpunks list?  Citation, please.

The problem with Jim is not that he doesn't know anything, but
rather that he knows so many things that aren't true.  (But I
would not favor enforcing the state granted monopoly on the
practice of law if Jim wants to hang out his shingle.  If he can
get someone to pay him for legal advice, more power to him, but 
/caveat emptor/.)


 S a n d y

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