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Scalia on net neutrality
Posted on 12/14/17 at 5:02 pm
Posted on 12/14/17 at 5:02 pm
quote:
"If, for example, I call up a pizzeria and ask whether they offer delivery, both common sense and common usage,
ante, at 18, would prevent them from answering: No, we do not offer delivery but if you order a pizza from us,we'll bake it for you and then bring it to your house. The logical response to this would be something on the order of, so, you do offer delivery. But our pizza-man may continue to deny the obvious and explain, paraphrasing the FCC and the Court: No, even though we bring the pizza to your house, we are not actually offering you delivery, because the delivery that we provide to our end users is part and parcel of our pizzeria-pizza-at-home service and is integral to its other capabilities. Any reasonable customer would conclude at that point that his interlocutor was either crazy or following some too-clever-byhalf legal advice.
...
After all is said and done, after all the regulatory cant has been translated, and the smoke of agency expertise blown away, it remains perfectly clear that someone who sells cable-modem service is offering telecommunications.
Justice Scalia on NN. January, 2005
Wonder if conservative courts will agree with Scalia? We know a liberal court would..
This post was edited on 12/14/17 at 5:03 pm
8
Posted on 12/14/17 at 5:27 pm to bmy
You think its why they killed him?
Posted on 12/14/17 at 5:38 pm to bmy
Dude really did have entertaining opinions and questioning at oral argument. I disagreed with him on a few things, but he was a solid jurist overall. I can even say I miss him.
This post was edited on 12/14/17 at 5:39 pm
Posted on 12/14/17 at 5:44 pm to bmy
But only a librul ever agrees with NN
Posted on 12/14/17 at 5:54 pm to boosiebadazz
quote:
a solid jurist overall.
If by "solid" you mean, Top 5 GOAT SCOTUS justice? Then, yeah.
"Solid"
Posted on 12/14/17 at 5:56 pm to Ace Midnight
quote:
Top 5 GOAT SCOTUS justice
strong words. What’s his defining opinion?
Posted on 12/14/17 at 5:56 pm to bmy
quote:
Justice Scalia on NN. January, 2005
That was before Obama made it all communist and shite.
Posted on 12/14/17 at 6:07 pm to boosiebadazz
quote:
What’s his defining opinion?
D.C. vs Heller
Posted on 12/14/17 at 6:09 pm to Ace Midnight
quote:
D.C. vs Heller
FATALITY!
Posted on 12/14/17 at 6:12 pm to Ace Midnight
I liked his conclusion in Hamdi
An opinion many on this board should read.
quote:
"Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis — that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it."
An opinion many on this board should read.
Posted on 12/14/17 at 6:25 pm to Ace Midnight
I can get behind that being his signature opinion. I still think Top 5 is strong, but it’s not ridiculous by any stretch.
Posted on 12/14/17 at 6:27 pm to Seldom Seen
Seth Rich?
Posted on 12/14/17 at 6:30 pm to boosiebadazz
quote:
“God assumed from the beginning that the wise of the world would view Christians as fools ... and he has not been disappointed.”
quote:
“Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the Constitution?” he asked. “…It would be absurd to say you couldn’t do that. And once you acknowledge that, we’re into a different game.”
We'll not live to see an intellect and wit like his on the Court if we live to be 150.
Posted on 12/14/17 at 10:16 pm to Green Chili Tiger
quote:
That was before Obama made it all communist and shite.
the usual shills aren't in this thread..
Posted on 12/14/17 at 10:21 pm to boosiebadazz
I disagree with you probably abt 65% of the time.
But this is a very classy & level headed post by you.
But this is a very classy & level headed post by you.
Posted on 12/14/17 at 10:48 pm to bmy
i guess the NN repeal went into effect early and all the throttling is preventing the shills from commenting on the quote from scalia 
Posted on 12/14/17 at 11:00 pm to bmy
Yes, the internet is telecommunication. Why must it be federally regulated?
Posted on 12/14/17 at 11:10 pm to SoulGlo
quote:
Yes, the internet is telecommunication. Why must it be federally regulated?
There's no "must" here.. it wasn't regulated prior to 2015 under Title II but ISPs proved to be incapable of honoring the net neutrality principles they agreed to so the FCC stepped in. Pretty much no one cares about the Title II classification.. they just care about an open and free internet. If they announced the repeal right after passing a bill guaranteeing NN principles it would have been celebrated.
This post was edited on 12/14/17 at 11:11 pm
Posted on 3/23/18 at 8:56 am to bmy
quote:
If, for example, I call up a pizzeria and ask whether they offer delivery, both common sense and common usage,
ante, at 18, would prevent them from answering: No, we do not offer delivery but if you order a pizza from us,we'll bake it for you and then bring it to your house. The logical response to this would be something on the order of, so, you do offer delivery. But our pizza-man may continue to deny the obvious and explain, paraphrasing the FCC and the Court: No, even though we bring the pizza to your house, we are not actually offering you delivery, because the delivery that we provide to our end users is part and parcel of our pizzeria-pizza-at-home service and is integral to its other capabilities. Any reasonable customer would conclude at that point that his interlocutor was either crazy or following some too-clever-byhalf legal advice.
"Coming up next: government sucks at regulation, adm corporations take advantage with rent seeking behavior. See you after the break"
*taps papers on desk
Posted on 3/23/18 at 8:58 am to MrCarton
Maybe he'd still be alive today if he hadn't have eaten so much pizza.
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