Author Topic: Interesting (but somewhat wonky) Supreme Court case  (Read 1312 times)

Hawkmoon

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Interesting (but somewhat wonky) Supreme Court case
« on: November 05, 2019, 11:12:06 PM »
https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437

Forget about Sharon Stone (or don't -- your choice) ... scroll down to the next article, "Supreme Court Wrestles With Consequences for Piracy by State Governments." Basically, North Carolina is claiming that it can take an individual's intellectual property without compensation, just because. To me, that looks and smells a lot like an unconstitutional taking.

Question: If a state can take your intellectual property without compensation ... can it take you guns without compensation?
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zxcvbob

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Re: Interesting (but somewhat wonky) Supreme Court case
« Reply #1 on: November 06, 2019, 12:39:07 AM »
https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437

Forget about Sharon Stone (or don't -- your choice) ... scroll down to the next article, "Supreme Court Wrestles With Consequences for Piracy by State Governments." Basically, North Carolina is claiming that it can take an individual's intellectual property without compensation, just because. To me, that looks and smells a lot like an unconstitutional taking.

Question: If a state can take your intellectual property without compensation ... can it take you guns without compensation?

This should be a 5th Amendment case.
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just Warren

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Re: Interesting (but somewhat wonky) Supreme Court case
« Reply #2 on: November 06, 2019, 01:17:44 AM »
Ginsberg makes a great point about how it's unseemly that a state can copyright things and go after infringers and then turn around and infringe copyright whenever they want.

SCOTUS will rule as they will on this case but it's going to take congress to do something more broad-based that doesn't run up against prior SCOTUS rulings.

However there's not a lot of examples of this so congress is not likely to feel a lot of pressure to do anything about it. 
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Hawkmoon

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Re: Interesting (but somewhat wonky) Supreme Court case
« Reply #3 on: November 06, 2019, 09:45:51 AM »
Ginsberg makes a great point about how it's unseemly that a state can copyright things and go after infringers and then turn around and infringe copyright whenever they want.
 

Yes. As shocking as it seems, I agree with RBG on this.
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K Frame

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Re: Interesting (but somewhat wonky) Supreme Court case
« Reply #4 on: November 06, 2019, 10:14:12 AM »
This should be a 5th Amendment case.


I was thinking more Second Amendment, myself.

I've heard of quite a few similar stories over the years from various states. Some of the biggest offenders seem to be state universities, which apparently think that anything they want to slap in their advertisements is fair game.
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zxcvbob

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Re: Interesting (but somewhat wonky) Supreme Court case
« Reply #5 on: November 06, 2019, 12:29:12 PM »

I was thinking more Second Amendment, myself.

I've heard of quite a few similar stories over the years from various states. Some of the biggest offenders seem to be state universities, which apparently think that anything they want to slap in their advertisements is fair game.

If a state can assert sovereign immunity in a civil rights case, the Bill of Rights (all of them) is meaningless.  It becomes Killdozer time.
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