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Also, could you file a complaint (or lawsuit) against said person for the interference if the ban was successful?

2007-02-08 16:51:02 · 7 answers · asked by Krondor_2000 1 in Politics & Government Law & Ethics

7 answers

hmm... I don't know the answer, but that's interesting. Could Harry Potter fans bring suit against the Georgia mother Laura Mallory for the distress we feel by someone trying to ban out favorite book? Initially I think not. First of all, if she were to succeed, it would only take the books from that school district and I don't live there, so that's not my problem, although presumably her success could encourage others and the books could be barred everywhere. So i might be distressed by that.

I think the problem here is that their campaign, while an attempt to take away your first amendment rights, is not actually causing you any harm. You can certainly sue someone who stops you from your 1st amendment rights, but trying to ban it wouldn't be actually banning it, so it wouldn't actually be actionable.

If their campaign to ban succeeds... you still probably couldn't sue because the government takes huge steps in this country before abridging free speech... it's not that person who has relieved you of your 1st amendment right... it's the government that has. and the government will hear reasons on both sides of the issue about whether something should be banned, but i don't think anyone is abridging rights in the example because the government exercises its discretion before banning something and if it is something bad enough for the lower court to ban, the people who made the ban possible were justified (because the government is allowed to ban some things).

2007-02-08 17:09:46 · answer #1 · answered by kmnmiamisax 7 · 0 0

Assuming that you are referring to First Amendment, probably not going to be able to sustain a lawsuit against another individual. Those protections granted in the Bill of Rights, which includes freedom of speech and press, are protections from the government, not from other citizens.
Also, I'm so sure that you have a 'right' to watch a popular film or read a popular book.

2007-02-09 01:11:32 · answer #2 · answered by Help Needed 2 · 0 0

I think that if one person stood up and filed a law suit in a case like this, it could turn into a class action law suit and be heard and seen all over the world. Not a bad idea, protest it, file a suit, many might follow. Now days, one can sue some one else for just about any thing, some time you win, some time you lose. Be interesting too.

2007-02-09 01:03:52 · answer #3 · answered by m c 5 · 0 0

I've never understood those people. If it offends them why can't they just either not read it or turn the channel?
You may have to seriously look into the lawsuit part. I've never heard of it done but that doesn't mean it can't be.

2007-02-09 01:03:22 · answer #4 · answered by ? 3 · 0 0

A lawsuit?? Oh come on, you've got to be kidding!! Evidently you think your rights are the only ones!

2007-02-09 01:01:14 · answer #5 · answered by Brianne 7 · 0 0

no one cared about oj simpson. i guess you are right about that one. i mean if you want to read or watch something in this country it is up to you in the end. i do not know why people have to be so angry and try to spoil other people's fun!

2007-02-09 01:12:10 · answer #6 · answered by wedjb 6 · 0 0

You can sue for anything.

So yes, you can sue them for keeping you from the book or movie they got banned.

2007-02-09 00:56:24 · answer #7 · answered by Lily VonSchtupp 3 · 1 0

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