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To: Fred Nerks
Still, the whole darned place has to go on the list. You know we Americans simply cannot tolerate countries that punish people for speech, particularly truthful speech.

The AU federal government is going to have to take that judge and toss him in the drink for any of us to believe it's safe anywhere there.

Could be billions in tourist dollars lost on this case.

11 posted on 12/17/2004 3:59:30 AM PST by muawiyah
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To: muawiyah
Still, the whole darned place has to go on the list. You know we Americans simply cannot tolerate countries that punish people for speech, particularly truthful speech. The AU federal government is going to have to take that judge and toss him in the drink for any of us to believe it's safe anywhere there.

Don't blame the judge. He is upholding the law and at his level, he really does have to uphold the law as written. Constitutional concerns and common law concerns (and this case involves both) are outside his balliwick.

I expect this case will go to the Supreme Court of Victoria and if necessary to the High Court of Australia. I am 90% certain the Supreme Court will overturn this ruling, and 99% sure the High Court will on Constitutional grounds.

If this does not occur, I will be one of many agitating for the Commonwealth government to use its treaty powers to overturn this law - and I honestly don't think there will be any difficulty in persuading the government to do so.

This is a bad law - but this is a ruling in a rather low level court, with a pretty limited scope for ruling. It will be appealed - and when it reaches courts concerned with the Constitution and Common Law, I cannot see the law surviving.

18 posted on 12/17/2004 5:05:54 AM PST by naturalman1975 (Sure, give peace a chance - but si vis pacem, para bellum.)
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