Presupposes what needs to be established. Namely, power to regulate is power to *ban* comm. activity just because.https://twitter.com/Profepps/status/729060394459762688 …
In reverse order then, "necessary and proper" is a LIMIT? How so and what is it?@5thCircAppeals
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@Profepps I think you and I agree on broad scope of power, but disagree on limits to legit reasons for exercising that power. -
@5thCircAppeals@Profepps Guys, it's Saturday. Take the night off. -
@JoeDunman@Profepps@evanbernick Yeah I should call it a night. Been fun! - End of conversation
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@Profepps if only against randomness or arbitrarinessThanks. Twitter will use this to make your timeline better. UndoUndo
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@Profepps Obviously not a severe limit, but nonetheless a limitThanks. Twitter will use this to make your timeline better. UndoUndo
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@Profepps So arbitrary just-because ban = no legit purpose = not necessary & properThanks. Twitter will use this to make your timeline better. UndoUndo
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@Profepps I think rational-basis-style test could be applied under N&P Clause, for exampleThanks. Twitter will use this to make your timeline better. UndoUndo
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@Profepps Arguably an arbitrary just-because ban on X isnt necessary or proper, particularly juxtaposed with EP concerns.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@Profepps@5thCircAppeals See how eq prot applies, tho rat basis = almost zero scrutiny in practice. But calling N&P a limit makes no sense.Thanks. Twitter will use this to make your timeline better. UndoUndo
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