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Ga. court overturns assisted suicide restrictions
FOX News ^ | February 6, 2002 | Associated Press

Posted on 02/06/2012 8:12:07 AM PST by Protect the Bill of Rights

ATLANTA – Georgia's top court on Monday struck down a state law designed to discourage assisted suicides after a legal battle brought by four members of a suicide group who said the law also violated free speech rights.

The Georgia Supreme Court's unanimous ruling concludes the 1994 state law "restricts speech in violation of the free speech clauses" of the U.S. and Georgia constitutions.

The court's opinion held that Georgia only criminalized assisted suicides that include a public offering to assist. It said the law didn't expressly prohibit assisted suicides, meaning some were legal in Georgia.

The opinion, penned by Justice Hugh Thompson, said lawmakers could have imposed a ban on all assisted suicides with no restriction on protected speech, or it could forbid all offers to assist in suicide that are followed by the act. But lawmakers decided to do neither, the ruling said.

(Excerpt) Read more at foxnews.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; US: Georgia
KEYWORDS: assistedsuicide; gacourts
Apparently the defense attorneys convinced the court the law, as written, violates free speech.

From the article:
They said the law punishes only those involved in assisted suicides if they speak publicly about it, but does nothing to block one from being carried out by others who stay silent.

Words fail me.

1 posted on 02/06/2012 8:12:18 AM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights
Ga. Code § 16-5-5 (b) and (c)
Any person who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the
commission of suicide and commits any overt act to further that purpose is guilty of a felony….

Any person who knowingly and willfully commits any act which destroys the volition of another, such as fraudulent practices upon such person’s fears, affections, or sympathies; duress; or any undue influence whereby the will of one person is substituted for the wishes of another, and thereby intentionally causes or induces such other person to commit or attempt to commit suicide shall be guilty of a felony.


The Court might have it right in terms of the legalese. I am not a lawyer, but the law seems to address everything up to the assisted suicide and not the act itself.

If they go back to the drawing board, it should be stronger than “Don't ask, don't tell.”

2 posted on 02/06/2012 8:25:00 AM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights

Our founding fathers fought and died so doctors could defy the Hippocratic oath, and so state legislators could be overturned by kangaroos in black robes.


3 posted on 02/06/2012 8:51:35 AM PST by SoFloFreeper
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To: Protect the Bill of Rights

Our founding fathers fought and died so doctors could defy the Hippocratic oath, and so state legislators could be overturned by kangaroos in black robes.


4 posted on 02/06/2012 8:52:11 AM PST by SoFloFreeper
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To: Protect the Bill of Rights

Our founding fathers fought and died so doctors could defy the Hippocratic oath, and so state legislators could be overturned by kangaroos in black robes.


5 posted on 02/06/2012 8:54:13 AM PST by SoFloFreeper
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To: Protect the Bill of Rights
I am for assisted suicide.

However, the mechanisms of death should be created by Engineers, not MDs through Pharmacists


6 posted on 02/06/2012 8:58:09 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: Protect the Bill of Rights
Georgia is now the same a Massachusetts.

LLS

7 posted on 02/06/2012 9:20:04 AM PST by LibLieSlayer (Hey repubic elite scumbags... jam mitt up your collective arses!)
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To: LibLieSlayer

I hope the law is rewritten with more clarity.


8 posted on 02/06/2012 10:47:47 AM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights
I hope so but would bet it will be weakened even more so.

LLS

9 posted on 02/06/2012 11:46:25 AM PST by LibLieSlayer (Hey repubic elite scumbags... jam mitt up your collective arses!)
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To: Protect the Bill of Rights; 185JHP; 230FMJ; AKA Elena; APatientMan; Albion Wilde; Aleighanne; ...
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Yet another illustration of how the legal profession and judge profession have gone off the cliff into convoluted legalese version of "how many pinheads can dance on the head of a pin". Not a coincidence that most lawyers are leftists. And judges seem to be of that orientation as well. It's about time to take back the legal system.

10 posted on 02/06/2012 11:11:55 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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