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View Diary: Getting It: Interstate Commerce & the New Deal (290 comments)

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  •  aoeu (none)
    Hm, I thought assualt was verbal and battery was physical, I must be wrong.

    no haikus now,
    join your local democratic party.
    There are fights in 2005 coming up.

    by TealVeal on Wed Dec 15, 2004 at 03:37:38 AM PST

    [ Parent ]

    •  It's a matter of degree (none)
      Assault is technically any threat (verbal or physical) that puts someone in reasonable fear of imminent harm.  Battery requires a touching.  The law prior to the abortion-clinic-protest cases was neutral in purpose; the government could regulate time, place, and manner of speech so long as these regulations remained viewpoint neutral.  But to say that the space in front of abortion clinics gets special recognition such that speech can be more limited there than elsewhere was a dramatic break from established 1st Amendment law.  The irony (for me at least since I'm pro-choice) is that it's exactly the right result.  The Justices just came to it through dubious legal analysis.

      "The Red Sox have won baseball's world championship. Can you believe it?!" -- Joe Castiglione

      by PADC on Wed Dec 15, 2004 at 04:32:24 AM PST

      [ Parent ]

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