FWIW: (For law nerds) The law should enumerate that the State(corporation, asset

FWIW: (For law nerds)
The law should enumerate that the State(corporation, assets), via its management (Government) has responsibilities for defense, inter-state relationships, agreements, and alliances, especially trade, its role as insurer of last resort in everything, the many assets of the interior, thru the treasury, finance and many others. (shortened for brevity)

As such we can and should eunumerate at least categorically those ‘demonstrated interests’ of the state, on behalf of the people. The law is cautious of enumerations because they create loopholes, but by enumerating the state’s responsibilities (they are narrow) any demonstrated interest within those responsibilities is covered whether enumerated or not. Enumeration then serves as examples but no list is finite.

The difference between a tort, a sedition, and a treason, is determined by the motive whether intentional or not, the harm done, and the reversibility (restitution) of the harm done, and most importantly the externalities that the state may be aware of, and the actors not.

In general the USA is too soft on all three degrees of severity.


Source date (UTC): 2023-02-13 01:49:22 UTC

Original post: https://twitter.com/i/web/status/1624948816129540098

Replying to: https://twitter.com/i/web/status/1624944940106100736


IN REPLY TO:

Unknown author

@LGcommaI One cannot publish information that would harm the country or undermine its security. In particular, one cannot publish information that compromises the security of the nation – using the test of “clear and present danger”.

This seems vague but judicial interpretation isn’t.

Original post: https://x.com/i/web/status/1624944940106100736

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