Only if federal jurisdiction takes presidence over state domain.Martin Hash wrote: ↑Tue Aug 04, 2020 12:21 pmFederal preeminence (Brandenburg v. Ohio) supersedes State law.The Conservative wrote: ↑Tue Aug 04, 2020 10:44 amit is dependent on the state and where their definition is.
Why Not Free Speech?
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Re: Why Not Free Speech?
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Re: Why Not Free Speech?
Uhhhh.... Always.The Conservative wrote: ↑Tue Aug 04, 2020 12:25 pmOnly if federal jurisdiction takes presidence over state domain.Martin Hash wrote: ↑Tue Aug 04, 2020 12:21 pmFederal preeminence (Brandenburg v. Ohio) supersedes State law.The Conservative wrote: ↑Tue Aug 04, 2020 10:44 amit is dependent on the state and where their definition is.
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Re: Why Not Free Speech?
What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.Martin Hash wrote: ↑Tue Aug 04, 2020 12:55 pmUhhhh.... Always.The Conservative wrote: ↑Tue Aug 04, 2020 12:25 pmOnly if federal jurisdiction takes precedence over the state domain.Martin Hash wrote: ↑Tue Aug 04, 2020 12:21 pm
Federal preeminence (Brandenburg v. Ohio) supersedes State law.
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Re: Why Not Free Speech?
Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.The Conservative wrote: ↑Tue Aug 04, 2020 12:59 pmWhat I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.Martin Hash wrote: ↑Tue Aug 04, 2020 12:55 pmUhhhh.... Always.The Conservative wrote: ↑Tue Aug 04, 2020 12:25 pm
Only if federal jurisdiction takes precedence over the state domain.
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Re: Why Not Free Speech?
Federal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...Martin Hash wrote: ↑Tue Aug 04, 2020 1:42 pmDude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.The Conservative wrote: ↑Tue Aug 04, 2020 12:59 pmWhat I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
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Re: Why Not Free Speech?
No legal cannabis State is going to appeal, and if you had a State cannabis conviction, would you appeal it and risk a Schedule 1 federal felony conviction? If a case went federal, State law would be superseded.The Conservative wrote: ↑Tue Aug 04, 2020 1:56 pmFederal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...Martin Hash wrote: ↑Tue Aug 04, 2020 1:42 pmDude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.The Conservative wrote: ↑Tue Aug 04, 2020 12:59 pm
What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
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Re: Why Not Free Speech?
States have already told federal judges and even presidents to fuck off with little to no political repercussions. Why would this be any different?Martin Hash wrote: ↑Tue Aug 04, 2020 2:23 pmNo legal cannabis State is going to appeal, and if you had a State cannabis conviction, would you appeal it and risk a Schedule 1 federal felony conviction? If a case went federal, State law would be superseded.The Conservative wrote: ↑Tue Aug 04, 2020 1:56 pmFederal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...Martin Hash wrote: ↑Tue Aug 04, 2020 1:42 pm
Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.
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Re: Why Not Free Speech?
Guy, no cases have hit the courts for the reasons I’ve mentioned.
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Re: Why Not Free Speech?
Not sure where to put this, but an excellent online magazine devoted to free speech.
https://areomagazine.com/
https://areomagazine.com/
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Re: Why Not Free Speech?
Ok, I got to ask, when does state law superseded federal law, and when does federal law supersede state law? Because as far as I was told growing up, and in college, that federal always trumps state... (the only exception to it would be if the state refuses to acknowledge federal jurisdiction) Such as Sanctuary Cities and states as examples.Martin Hash wrote: ↑Tue Aug 04, 2020 9:54 pmGuy, no cases have hit the courts for the reasons I’ve mentioned.
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