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more on FEC considers banning Moore's 9/11 movie ads under McCain-Feingold...


From: David Farber <dave () farber net>
Date: Sat, 26 Jun 2004 15:16:06 -0400



Begin forwarded message:

From: Bob Frankston <Bob2-0406 () bobf frankston com>
Date: June 26, 2004 12:30:35 PM EDT
To: dave () farber net, 'Ip' <ip () v2 listbox com>
Cc: Hiawatha Bray <h_bray () globe com>
Subject: RE: [IP] more on FEC considers banning Moore's 9/11 movie ads under McCain-Feingold...

[Warning: This message is self-referential and ambiguous -- your reality may differ]

 

I agree with Hiawatha. It's part of the larger set of distinctions that the legal system makes which puzzle and infuriate those who program and deal with abstractions every day.

 

Perhaps it's why it is so hard to explain the concept of separating transport and meaning. We can argue about it in tele/com as separation of facilities and services. In the bigger picture it is about separating intrinsic and accident properties and the general concepts of abstractions and representation.

 

It's like trying to restrict pornography by banning the use of certain colors. Or by segregating the bad stuff into the .XXX domain.

 

I realize that codifying social policies into laws is often done by projecting intent onto actions or objects but it must be done very cautiously and tentatively while allowing courts discretion (which then is frustrated by random (arbitrary and unpredictable) and/or mandatory sentencing). Does walking around with a large bolt cutter next to a bicycle rack mean you are a thief or intend to be one or are likely to have been one? Perhaps.

 

Given the ambiguities it's no surprise that politicians are adept at gaming the election laws and the actual enforcement tends to appear to be perverse because it is perverse.

 

But then, so is reality. I shouldn't blame the politicians themselves as they reflect the popular belief and hope that there are unambiguous rules if only "they" would enact and enforce them.

 

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