NE: Scott v. The Northeast
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  NE: Scott v. The Northeast
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Author Topic: NE: Scott v. The Northeast  (Read 1441 times)
The world will shine with light in our nightmare
Just Passion Through
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« on: June 21, 2014, 01:02:16 PM »

To the honorable Chief Justice Averroės Nix,

I would like to file suit against the government of the Northeast Region for passing a law that contains a clause that is explicitly unconstitutional and in violation of both regional and federal law.

This law, of course, is the Northeast Recognition Omnibus bill.  The offending clause is Section 2, Subsection 2, which states, and I quote:

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This is in violation of Article VI, Clause 1 of the federal Constitution, which states:

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The provision is also in violation of Article VI, Clause 1 of the Northeast Constitution, which states:

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Though this clause may be considered appropriate, perhaps modest, censorship to some, neither the federal nor regional constitutions enable the state to prohibit specific forms of art, music, or songs.  Therefore, I contend that the onus probandi lies on the party seeking to uphold the legality of this prohibition.

For the aforementioned reasons, I believe this bill is unconstitutional and I ask the court to take up my case.

x Emperor Scott
Imperial Dominion of the South
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sirnick
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« Reply #1 on: June 21, 2014, 01:11:22 PM »

I support this lawsuit.
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Dallasfan65
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« Reply #2 on: June 23, 2014, 07:04:06 PM »

I will be filing a brief.
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sirnick
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« Reply #3 on: June 27, 2014, 07:23:20 AM »

Even though I support this, does Scott have standing or jurisdiction to file a lawsuit? He doesn't live in the Northeast.
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Dallasfan65
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« Reply #4 on: June 27, 2014, 07:17:30 PM »

Even though I support this, does Scott have standing or jurisdiction to file a lawsuit? He doesn't live in the Northeast.

Traditionally standing is not required to file a lawsuit.
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Dallasfan65
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« Reply #5 on: June 27, 2014, 07:45:55 PM »

Good evening, ladies and gentlemen.

They say that it takes a Nixon to go to China. During my time in Atlasia, I have staked out a reputation as something of a radical, with a libertine agenda that legalized many things that would never pass muster in actual politics. As has been mentioned during the last campaign, some of this included liberalizing pornography and sex offender reform. Obviously, I am not a man of prudish inclinations, and don't simply wish to ban things because I don't like them.

I am a libertarian, and I think unabridged free expression is a central tenent of society. There are plenty of songs on the radio that I dislike, but would never attempt to ban (even on an internet forum.) Why is it, then, that I have opted to ban Happy but not a slew of other songs? Because I believe Happy "rises to a level" that is fundamentally destructive to our society, and I would argue that it is the duty of the Northeast to prohibit it.

First of all, I would like to note that the idea of music being "banned" in a sense isn't necessarily unprecedented. For instance, in Canada, the song "Money for Nothing" by Dire Straits was banned on the radio for a brief period of time.

What was the offending stanza in question?

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The Canadian Charter of Rights and Freedom reads:

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To my knowledge, although the moratorium has since been lifted, there was no constitutional challenge. I cite this case as important because the above clause is remarkably simple to the one cited by Scott.

There are some instances of songs being altered in the United States for radio play. One could (rightfully) argue that this alone isn't justification for a whole-hog prohibition of a song. However, there's even been instances of songs being altered in their un-aired form.

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I don't know if there's been any specific challenge on cases like these, but this indicates that there's a precedent. If one can inhibit Eminem's artistic expression by censoring certain lyrics, why can one not censor the song outright? Seems like a difference without a distinction.

The plaintiff has cited Article VI as the basis if his argument. I raise him the preamble of the Federal Constitution:

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As a public servant, the onus is upon me to actively "promote the general welfare" as it says on the tin. The Northeast government must take a proactive role in this, in the name of good governance. Talking of the Constitution, I would like to cite Article VI, Section 13:

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This clause, which is nearly identical to the Eight Amendment to the United States Constitution, prohibits torture.

Can music be torture? Some would argue that it can. The Wall Street Journal writes:

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citation

Music can in fact be torture. In addition, two years ago an Iranian facility was assaulted with AC/DC's "Thunderstruck," which is on par with Happy in terms of sh**tiness. And as if that isn't enough, Pharrell has released 24 hours of Happy, brazenly boasting that it's the "World's First 24 hour music video."

The link above is an orgy of excess. In yet another documentation of music being used as torture, Clive Stafford Smith at The Guardian writes:

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And, surprise, surprise, the link of Happy above is a twenty-four hour loop.

In short, I believe a ban on Happy is constitutional because Happy is torture, and the Northeast Assembly ought to protect the public health of its citizenry.
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #6 on: June 27, 2014, 11:22:30 PM »

I started getting high a little while ago, so unfortunately I will not be able to write a full rebuttal and I may not be able to over the next two days because I have to work on packing my house for a move.  I'd appreciate it if someone else could take over my case in my absence.
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Bacon King
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« Reply #7 on: June 28, 2014, 05:44:53 AM »
« Edited: June 29, 2014, 03:00:28 PM by Bacon King »

Yo Scott I got this

BACON KINGMAN IN THE (COURT) HOUSE

The defendant correctly notes that certain specific exceptions exist to absolute freedom of speech and that these exceptions sometimes include musical lyrics. The defendant also aptly indicates that forcing someone to listen to a song on repeat against their will can bring about substantial duress and even be considered a form of torture. However, this illuminating lesson is only a distraction from the fact that the banning of "Happy" has no constitutional basis whatsoever.

The lyrical content itself contains nothing that can be construed as hate crimes in any jurisdiction, and doesn't talk about killing any Federal government officials. And while the song may be a bit obnoxious, the fact that it could hypothetically be used to torture someone doesn't mean it should be banned. The defendant references such a situation with Metallica, but Metallica songs aren't even banned for this reason.

However, even if the Northeast Government had some legitimate reason to ban "Happy", this blanket ban is far too broad to be Constitutional anyway. The response to "oh maybe it'd be torture if you're forced to listen to it for a whole day" is not "BAN IT EVERYWHERE" no matter how terrible it is.

This is also an unconstitutional violation of the Atlasian Constitution's Equal Protection Clause because Pitbull is still allowed to have music in the Northeast and let's be real here he's worse than Pharrell so until "Timber" is banned there is a gross miscarriage of justice occurring to do the inequality established in the law by this ban.

This is also a violation of the the part of the constitution that says Regional Government's can't limit interstate commerce, because the music industry is definitely commerce and this law is definitely limiting it.

I also petition the court to award financial damages to all parties who have been financially impacted by this erratic action on behalf of the Northeast, including Pharrell Williams, his record labels, the fifteen personnel associated with the production of the song itself, the fifty or so associated with the production of the music video (including celebrity guest cameos), as well as the people who made Despicable Me 2 since the song is on that movie's soundtrack. Let's add about five billion dollars in punitive damages as well because this law causes harm that could have been easily prevented so the Northeast needs to learn not to do it again
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Simfan34
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« Reply #8 on: June 28, 2014, 01:15:33 PM »

Even though I support this, does Scott have standing or jurisdiction to file a lawsuit? He doesn't live in the Northeast.

For the sake of simplicity, I'm going to assume that Scott owns a stake in Columbia Records.

Never before has an assumption made me laugh out loud!
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sirnick
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« Reply #9 on: June 29, 2014, 10:34:06 AM »

Yo Scott I got this

BACON KINGMAN IN THE (COURT) HOUSE


Purple heart Bacon King
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sirnick
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« Reply #10 on: June 29, 2014, 08:58:27 PM »

THE OFFICE OF NORTHEAST CHIEF JUSTICE AVERROĖS

I think I've heard everything that I need to hear. I'll return from my chambers with a decision shortly.


AVERROES IN THE CHAMBER
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Bacon King
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« Reply #11 on: July 01, 2014, 06:20:03 AM »

i probably should have read the regional constitution before deciding to spontaneously argue this case

nevertheless i urge my client to appeal
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #12 on: July 01, 2014, 09:14:59 AM »

I thank the Chief Justice for taking up this case and I will appeal to the Supreme Court.

I would also like to thank Bacon King for representing my side in his defense.  I hope that he will continue his services during appeal.
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Bacon King
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« Reply #13 on: July 02, 2014, 02:26:45 AM »

I would also like to thank Bacon King for representing my side in his defense.  I hope that he will continue his services during appeal.

I will copy and paste the above argument verbatim and answer further questions the court may have
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