C-Poll

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July 17, 2004

'Intentional Fallacy' follies, cont'd.

Here is another example of how the rejection of Original Intent reduces the clearly understandable to the level of meaninglessness:
A federal judge yesterday [July 15] struck down Washington state's ban on selling violent video games to minors, calling it an unconstitutional violation of free speech.
The "free speech" clause of the First Amendment, which was intended to protect the expression of political opinions that the federal government didn't like, has become a guarantee that video game manufacturers can sell to whomever they wish.
 
I think that a case can be made against government regulation of this business, but I don't think that the First Amendment should be a part of that case.
 
As a side note, I should mention that the rejection of Original Intent has also led to the misconception that the U.S. Constitution (which is the founding charter of the federal government) is equally binding on all levels of government (and even on non-government entities).  This is yet another reason why the invocation of the U.S. Constitution's First Amendment to strike down a state law was illegitimate.

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