Raising possibility that AWA fight will end up in SCOTUS that, lacking Scalia, doesn't create a Youngstown for corporations.
@Susan_Hennessey I missed that statement somehow. Dunno. I'm not as smart an appellate lawyer as either one of them.
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@emptywheel@Susan_Hennessey The 1A argument is a spaghetti-at-the-wall throwaway. Even I don't buy it here. -
@normative Are you a CU fan? Still looking for a CU fan to defend it.@Susan_Hennessey -
@emptywheel@normative I'm not a lawyer, but I am a CU fan and I would certainly defend it. -
@emptywheel@normative Specifically, code is not "factual" speech which is often compelled, but creative speech. -
@emptywheel@normative It's like a court order telling JK Rowing to write an 8th book in her Harry Potter series. -
@emptywheel@normative I don't think non-programmers appreciate how much writing software is a "creative" act. -
@ErrataRob I'm a non programmer (albeit genetically a programmer, if it's a dominant gene). But I am sympathetic@normative - 3 more replies
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@emptywheel@Susan_Hennessey Signing key on a remote exploit? Maybe. But frivolous here unless writing a memo to comply w/a production order -
@normative@emptywheel I agree. Code clearly *can* be speech. But it isn't, in itself, speech.
End of conversation
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@emptywheel@Susan_Hennessey counts as "compelled speech".Thanks. Twitter will use this to make your timeline better. UndoUndo
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