10 Jun 2011

Strange Law Day

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Tennessee has passed a measure making it a crime to transmit by telephone, in writing or by electronic communication an image that would cause “emotional distress” “without legitimate purpose.”

“Emotional distress” is a standard of practically universal application. Anything at all might cause someone emotional distress, and there is no basis to determine whether someone experiences it, beyond his own say so.

What is and what is not a “legitimate purpose” also constitutes a legal nightmare. Who wants any judge to be permitted to decide what is and what isn’t legitimate?

Volokh

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Liberals are always arguing that we need to inform the American legal system with the superior wisdom of international jurisprudence.

From Brazil, comes the story of a court decision upholding the right of one Ana Catarina Silvares Bezerra, an accountant analyst who is allegedly afflicted with a female equivalent of satyriasis, to achieve personal gratification on company time, using the company’s computer and Internet access, for 15 minutes every 2 hours.

Via Walter Olson.

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Gallahad

The real crime should be wasting resources on this distressingly stupid legislation. This law will crumble at the first challenge and nothing will be gained. They knew or should have known that at the outset.



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