From: Kevin L Prigge <Kevin.L.Prigge-2@tc.umn.edu>
Date: Mon, 4 Nov 1996 22:18:13 -0800 (PST)
To: dlv@bwalk.dm.com (Dr.Dimitri Vulis KOTM)
Subject: Re: Censorship on cypherpunks
In-Reply-To: <4JBwwD9w165w@bwalk.dm.com>
Message-ID: <327edc1b1e83002@noc.tc.umn.edu>
MIME-Version: 1.0
Content-Type: text/plain


Dr.Dimitri Vulis KOTM said:
> ichudov@algebra.com (Igor Chudov @ home) writes:
> 
> > Declan McCullagh wrote:
> > >
> > > Libertarianism is not incompatible with strict regulations, as long as
> > > the rules violate nobody's rights.
> >
> > I would appreciate an example of "strict regulations" which do not violate
> > anybody's rights.
> 
> Now that's a good point. The First Amendment says "The Congress shall pass
> no law..." Doesn't that restrict the Congress's rights as a whole, and each
> member's right to vote for bills that violate the Amendment? In GB, they
> _generally frown on any restrictions on what laws the Parliament can pass -
> the adage is "the Parliament's hands shall not be tied".
> 
> Does saying "The list owner should not kick people off the list for speech"
> violate the list owner's right to free speech? That depends on whether plug-
> pulling (and mailbombing and ping-storming and other obnoxious behavior)
> is speech.

Actually, it has nothing to do with speech. Mr. Gilmore owns the machine, and
allows the list to be run from it. At any time he could stop allowing the
list from being distributed from his machine, as would be his right.
If he does not want someone using his resources, it's his right. The fact
that you're the only (someone correct me, was Detwieler also kicked off?)
or one of the only people that has been removed from the list due to
abusive behavior speaks volumes.

As to the cries of censorship and peoples rights being violated, I'd 
contend that rights are not a zero-sum proposition. The minute a person
exercises a right, some other person does not lose a right, or have a 
right violated. What some people would assert is a right (list 
membership) is actually a privilege granted by the owner of the resource.


-- 
Kevin L. Prigge                     | Some mornings, it's just not worth
Systems Software Programmer         | chewing through the leather straps.
Internet Enterprise - OIT           | - Emo Phillips
University of Minnesota             |