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1997-06-08 - Fraud and free speech

Header Data

From: Tim May <tcmay@got.net>
To: cypherpunks@cyberpass.net
Message Hash: 3957591615547ecfa2e20cfd6cb9c421b1b0bf3f372029d68164846318d1361d
Message ID: <v03102802afc0e602d172@[207.167.93.63]>
Reply To: <199706081255.HAA03281@mailhub.amaranth.com>
UTC Datetime: 1997-06-08 23:05:41 UTC
Raw Date: Mon, 9 Jun 1997 07:05:41 +0800

Raw message

From: Tim May <tcmay@got.net>
Date: Mon, 9 Jun 1997 07:05:41 +0800
To: cypherpunks@cyberpass.net
Subject: Fraud and free speech
In-Reply-To: <199706081255.HAA03281@mailhub.amaranth.com>
Message-ID: <v03102802afc0e602d172@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



At 5:51 AM -0700 6/8/97, William H. Geiger III wrote:
>-----BEGIN PGP SIGNED MESSAGE-----
>
>In <Pine.GSO.3.95.970608053415.20770A-100000@well.com>, on 06/08/97
>   at 07:36 AM, Declan McCullagh <declan@well.com> said:
>
>>I don't think commercial speech should be treated as second-class speech.
>>But my position is hardly surprising.
>
>Well I think that there are some that would confuse the issue between 1st
>Amendment free speech and the issues surrounding fraud. Especially those
>in government who write the laws that regulate commercial speech.

The mistake has been to extend "fraud" laws to non-contract situations,
e.g., ordinary speech (as distinguished from contracts).

If the Catholics say drinking the blood of JC and eating a piece of his
flesh (aka, "Jesus sashimi") will get you into Heaven, is this fraud or not?

In the increasingly popular notion of fraud, sure it is. It is a statement
or assurance which is almost certainly false. But then, aren't all
religions frauds?

Contracts, with clearly stated conditions and with judgeable or
falsifiable/testable conditionals, are a matter for the courts (private
courts, in fact), but vague promises, advertisements, propaganda, etc. are
not.

Clear now?

--Tim May

There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."

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