Blueberry comments on Schelling fences on slippery slopes - Less Wrong

179 Post author: Yvain 16 March 2012 11:44PM

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Comment author: TimS 27 March 2012 04:37:41PM 1 point [-]

One is criminal and the other is civil? One is a dispute between two (equal under the law) individuals in front of a (supposedly) impartial judge and the other is the state versus an individual? Quite a lot of difference really.

This distinction breaks down very quickly. Consider Hustler v. Falwell, which limited the scope of civil remedies because enforcement of those remedies violated freedom of speech.

Comment author: Blueberry 29 March 2012 10:35:52AM 2 points [-]

Or, more recently, Phelps v. Snyder, where the Court overturned a jury verdict for intentional infliction of emotional distress based on Fred Phelps's First Amendment protected funeral protest.