The Soapbox

BonsackHoo

Joined: 11/17/2011 Posts: 3039
Likes: 5546


The fundamental question is whether legislatures have the right to make


make consumer protection laws or whether the First Amendment blocks any such laws.

Your whole response is policy based. That is fine, but policy should be decided by the democratically elected legislature and not by the non-democratic courts. That has been the definitive legal view for over 100 years. So I appreciate your policy arguments, but the place for them is in front of the legislature.

The fear is that the door has now been opened wide for one of two possible outcomes. First, there may be no limiting principle and all forced disclosure consumer protection laws are found unconstitutional with no democratic recourse available. Second, there is no limiting principle and judges decide what is permissible regulation and what is impermissible based on their own policy preferences. This is properly the role of the legislature and not the judiciary. *Those are the fears/arguments coming from the liberal side.

*Even is this opinion is limited to the facts in this case, this argument can already be made. The five conservative judges don’t like abortion so forced disclosure is not allowed. But the judges are fine with nutritional statements so those are allowed

(In response to this post by BocaHoo91)

Posted: 06/26/2018 at 5:57PM



+0

Insert a Link

Enter the title of the link here:


Enter the full web address of the link here -- include the "http://" part:


Current Thread:
 
  
SCOTUS destroying consumer protections today, too -- WahooMatt05 06/26/2018 1:37PM
  I think the ruling was the opposite -- WahooMatt05 06/26/2018 5:03PM
  No problem -- WahooMatt05 06/26/2018 9:09PM
  You're a good person 81. For a hokie :>) ** -- 111Balz 06/26/2018 8:46PM
  I think Matt is right -- NJHoo 06/26/2018 8:45PM
  They all thought SHE would win. ** -- ConnHoo 06/26/2018 9:12PM
  Radical transformation? lol ** -- 111Balz 06/26/2018 3:32PM
  ...actually it was fundamentally transform...my bad ** -- Tuckahokie 06/26/2018 3:50PM
  Perhaps you would share with us what fundamental -- 111Balz 06/26/2018 3:55PM
  What law and proclomation was that? ** -- 111Balz 06/26/2018 4:08PM
  I am referring of course to DACA -- MaizeAndBlueWahoo 06/26/2018 4:18PM
  Well I assumed it was that or pot or immigration -- 111Balz 06/26/2018 8:21PM
  Was it? ** -- 111Balz 06/27/2018 08:35AM
  Es diferente ** -- WahooMatt05 06/26/2018 5:36PM
  Time and tide wait for no man ** -- Hoo TV 06/26/2018 3:27PM
  They certainly did -- MaizeAndBlueWahoo 06/26/2018 3:25PM
  Sure the citizens should decide by -- walkthecorner 06/26/2018 3:37PM
  I am sure this a gotcha moment but -- walkthecorner 06/26/2018 4:23PM
  Unfortunately, both are problematic -- MaizeAndBlueWahoo 06/26/2018 4:24PM
  I agree was off the cusp response since -- walkthecorner 06/26/2018 5:10PM
  Agreed. ** -- Hokie5150 06/26/2018 4:56PM
  Uh, that's not what that law did -- MaizeAndBlueWahoo 06/26/2018 3:03PM
  Sorry for the late reply -- BonsackHoo 06/27/2018 6:29PM
  Seems fair to get rid of that law too -- MaizeAndBlueWahoo 06/26/2018 3:31PM
  Because.....freedom. ** -- Seattle .Hoo 06/26/2018 3:49PM
  I sure don't think there are. I just said "if." -- MaizeAndBlueWahoo 06/26/2018 3:46PM
  Because this is about giving people in crisis -- 111Balz 06/26/2018 4:07PM
  No, why would you ask that? ** -- 111Balz 06/26/2018 8:22PM
  Because it's about giving people in crisis -- MaizeAndBlueWahoo 06/26/2018 10:13PM
  Lots of forced speech is required -- WahooMatt05 06/26/2018 3:16PM
  Big difference -- MaizeAndBlueWahoo 06/26/2018 3:23PM
  Maybe Planned Parenthood v Casey is a better example -- WahooMatt05 06/26/2018 4:58PM
  So do you look that up in the yellow pages? ** -- 111Balz 06/26/2018 8:25PM
  Www.plannedparenthood.org -- BocaHoo91 06/26/2018 8:32PM
  Glad to see we agree ** -- BocaHoo91 06/26/2018 8:40PM
  Hey, that's great! ** -- 111Balz 06/26/2018 8:41PM
  Boo hoo snowflake ** -- TomKazanski 06/26/2018 2:22PM
  What makes it a horrible decision? ** -- Hokie5150 06/26/2018 3:30PM

Notice: Trying to get property 'queue' of non-object in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781

Warning: Invalid argument supplied for foreach() in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781
vm307