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One shining note to remember before everyone turns doom and gloom, in the States (if I remember what the citizenship pamphlet said when I got my green card), it's not really "law" until it stands up to a test case in a court of law.

Since the congress critters are lining their pockets left and right from the lobbyists for this bill, it's not in their personal interest to turn it down, even if they know it won't stand up in court.

And if it passes, it's almost guaranteed to be tested (and overturned) in court - as it's been mentioned many many times, Youtube, Google, Bing, etc etc have way too much to lose to let it go unchallenged.

Seems like it's just status quo here in the States with the new "pay-n-pass" government.



> really "law" until it stands up to a test case in a court of law.

Hence Gingrinch's desire to kick judges he disagrees with out of office.

My other worry is the possibility of a hostile party successfully preventing a case concerning an obviously unconstitutional law from ever getting to a civilian court. The latest NDAA is designed to do just that.

In other words: the courts may no longer be available to fall back on when congress goes wacko. Doom and gloom, indeed.


> it's not really "law" until it stands up to a test case in a court of law

This is not true. It is law until it's overturned.


Whether or not enforcement of the law is enjoined before that determination depends on legal criteria for injunctive relief. There may or may not be any attempt to enforce a new statute on this subject, even if the statute is passed and the President signs it. I'm sure lawyers are already thinking about how to challenge (and how to defend!) the statute in the court system if it is passed and signed.


And looking at Lessig's appearance on Daily Show (about his new book), congress uses ridiculous things like this to extort money out of businesses to keep themselves in office.


OTOH, a site could go out of business before SOPA is overturned.


The legal system can stay irrational longer than you can stay solvent.


That's true, but if SOPA is not overturned, it would set a very major precedent, thus allowing similar laws to be passed. I would rest much easier if it didn't even that far.




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