FC: A reply to American Boychoir School tries to censor critical site

From: Declan McCullagh (declanat_private)
Date: Tue Apr 22 2003 - 12:49:44 PDT

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    From: Tim Meehan <timat_private>
    To: declanat_private
    Subject: Re: FC: American Boychoir School tries to censor site alleging 
    sexual abuse
    Date: Tue, 22 Apr 2003 12:24:02 -0400
    Organization: Ontario Consumers for Safe Access to Recreational Cannabis
    In-Reply-To: <5.2.0.9.0.20030422104559.01cd7108at_private>
    
    Declan:
    
    This tactic sounds very familiar...although a better tactic would have been to
    leave the site alone, because now *everyone* knows about those allegations (and
    will likely patroize the choir accordingly)!
    
    About ten years ago, in Canada, there was a lawsuit to prevent the airing of a
    fictional miniseries, "The Boys of St. Vincent," which was loosely based on
    documented abuse of children by Roman Catholic priests.  The priests got a
    publication ban to prevent the airing of the program, but this was appealed all
    the way to the Supreme Court, which threw out the ban.
    
    Interestingly, out of it came one of the strongest decisions against prior
    restraint of controversial speech ever issued by the Supreme Court -- and
    clarified that the right to a fair trial (the ostensible reasoning for the ban)
    and the right to free speech are on an equal footing.
    
    Dagenais v. Canadian Broadcasting Corp., [1994] 3 SCR 835
    
    http://www.lexum.umontreal.ca/csc-scc/en/pub/1994/vol3/html/1994scr3_0835.html
    
    -Tim
    --
    Tim Meehan, Communications Director
    Ontario Consumers for Safe Access to Recreational Cannabis
    timat_private * http://www.ocsarc.org * 416-854-6343
    
    
    
    
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