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South Carolina bill outlaws websites that tell how to get an abortion

washingtonpost.com

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Re: South Carolina bill outlaws websites that tell how to get an abortion

#3
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The same way a government turns around and says that things like child pornography, human trafficking, terrorism, hate speech, bullying, piracy are not allowed on the internet. It may not be the most effective thing in the world when there is not a consensus from all governing and participating parties but that doesn't stop them from doing it and using it against an individual who is caught in the act of perusing/engaging said sites.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#4
post #2

Quoted post unavailable.

Depends almost wholly on how the state Constitution was written. As long as it doesn't fall afoul of the US Constitution.

And it's hardly trying to be North Korea. Hysterics don't help, and actually hurt any rational discussion.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#5
post #2

Quoted post unavailable.

Depends almost wholly on how the state Constitution was written. As long as it doesn't fall afoul of the US Constitution. And it's hardly trying to be North Korea. Hysterics don't help, and actually hurt any rational discussion.

Freedom to publish information is in the constitution.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#6
post #2

Quoted post unavailable.

Depends almost wholly on how the state Constitution was written. As long as it doesn't fall afoul of the US Constitution. And it's hardly trying to be North Korea. Hysterics don't help, and actually hurt any rational discussion.

> As long as it doesn't fall afoul of the US Constitution

Rather, as long as it doesn't run afoul of the intents and preferences of very conservative US judges.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#8
post #2

Quoted post unavailable.

Depends almost wholly on how the state Constitution was written. As long as it doesn't fall afoul of the US Constitution. And it's hardly trying to be North Korea. Hysterics don't help, and actually hurt any rational discussion.

Anything touching the internet is interstate commerce, so in this non-lawyer’s opinion, state laws aren't the last say on the matter. It would be very difficult for any state to block a citizen from saying something online that is legal federally.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#9

How is this allowed in light of the interstate commerce clause? SC would have no recourse for web hosts that have no nexus within it's borders? Are they going to start to force local ISP's to block out of state hosts?

IIRC, if the industry can compete in an interstate market, it falls under the interstate commerce clause — even if the business only operates within a single state. So even forcing data to operate within a single state border would still not protect the bill. At least, that’s the theory behind regulating gun manufacturers that only operate with a single state. IANAL, but I don’t know if this theory has ever been tested at the USSC level.

Re: South Carolina bill outlaws websites that tell how to get an abortion

#10

How is this allowed in light of the interstate commerce clause? SC would have no recourse for web hosts that have no nexus within it's borders? Are they going to start to force local ISP's to block out of state hosts?

Interstate Commerce could be used to thwart this, but wouldn't First Amendment be a more compelling justification?
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