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Re: EBAY anti-fraud actions (was [OM] ebay loser)

Subject: Re: EBAY anti-fraud actions (was [OM] ebay loser)
From: Jay Maynard <jmaynard@xxxxxxxxxxx>
Date: Sun, 23 Jan 2000 15:28:53 -0600
On Sun, Jan 23, 2000 at 07:48:29PM +0000, Barks wrote:
> One of the things that I find 
> most confusing about the First (or Fifth?) amendment is that freedom 
> of expression is considered sacrosanct almost regardless of how much 
> suffering is caused as a result of that expression.

The First Amendment, like the rest of the Bill of Rights, is considered in
American law not as *granting* rights, but instead as *recognizing* rights
that are inherent to free citizens. The First Amendment prohibits the
government from infringing the basic human right to hold and express any
opinion one chooses, no matter how popular, unpopular, or otherwise. Once
any governmental interference with that basic human right is allowed, no
matter how small, no matter how much justification is offered, there is no
stopping greater and greater infringements. There is only a difference of
degree between the UK and the People's Republic of China in this regard
(though, I'll readily grant, a huge one): both governments claim the right
to restrict this most basic of human rights.

> I'm pretty sure that the Christian education in State Schools versus 
> no religion at all argument is wound up in this same debate. (We were 
> lucky enough to find a good Catholic private school in Tampa when we 
> lived there in 88-90).

A similar argument here, to be sure: the human right to hold whatever
religious beliefs one chooses, including none at all, is beyond legitimate
control or influence of governments. Religious education in state-run
schools is another case where any infringement, no matter how small, no
matter how much justification is offered, is acceptable because it
inevitably leads to greater and greater infringements, and eventually a
total loss of freedom.

It is not any particular freedom that is sacrosanct so much as the idea that
governments are only legitimate as long as they do not turn free citizens
into serfs. Freedom itself is paramount. Freedom must necessarily include
the freedom to do and say things that piss you off, else it is a hollow
shell.

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