logoalt Hacker News

fc417fc802yesterday at 1:14 PM1 replyview on HN

I don't think you're giving fair treatment to the complexity of the issue at hand. When SCOTUS came out in favor of anonymous political speech I do not understand it to have been on the basis of forced speech.

We require for example nutrition labels on food products. So clearly metadata of various sorts can be required for an interaction within the marketplace if there's a good enough reason for it. I'm not sure where that leaves personal blogs but it certainly applies to Amazon and PornHub.

The present court is rolling back some things but certainly not all. From the very beginning constitutional rights have never been absolute. One of the basic principles that comes up repeatedly and supersedes almost everything else is that the government must be able to carry out its duties. The contention is generally whether something is truly necessary for that and if so whether the law in question is overly broad.


Replies

iamnothereyesterday at 1:21 PM

> So clearly metadata of various sorts can be required for an interaction within the marketplace if there's a good enough reason for it.

Marketplace being the key word here. Interstate commerce may be regulated.

> I'm not sure where that leaves personal blogs but it certainly applies to Amazon and PornHub.

That’s the point. I also care about restrictions on smaller businesses and want to prevent regulatory capture, but personal/nonprofit/community sites must not be burdened above all else. They face enough challenges as it is. If a website or software project is noncommercial, their speech is not subject to regulation, Constitutionally speaking. What’s more, the Constitution has the correct take here—this is as it should be.

> One of the basic principles that comes up repeatedly and supersedes almost everything else is that the government must be able to carry out its duties.

Then you get the question, what are its duties? Enforcing unconstitutional laws is not one of them.

show 1 reply