|
Do you have any authoritative case law that would support this top secret legal defense? If so, please let me know in a pm.
Assuming you are making an equal protection claim the supreme court has set out three tiers of scrutiny : suspect, quasi-suspect, and de-minimus. Under the the most liberal class, de-minimus - I'd say it would be a Hail Mary legal strategy. The Supreme Court is way to conservative for that and Federal judges are loathe to issue rulings that may be overruled by a higher court.
Secondly, I don't see how this would help fight a private group as mentioned in the OP. The Constitution restricts the powers of government. Equal protection means the government can't make laws that discriminate if you fall into a protected class. A few exceptions have been made for the right to travel i.e. hotels, lodging, etc. But that is when dealing with strict scrutiny. So maybe for 2257, but see Hail Mary above.
I'd assume the group that is planning on attacking us would use some form of obscenity challenge in state court. I'd think the best legal defense in this type of case would be to attack the "community standards" prong of the Miller Test by showing them your log files. Everyone on the Internet looks at porn.
|
2007-09-18, 11:28 PM
Threaded Mode