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Old 03-28-2007, 05:59 PM
Skallagrim Skallagrim is offline
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Join Date: Nov 2006
Location: The Live Free or Die State
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Default Re: Books with online poker content to be banned?

Some points from a lawyer:

1) there are very, very few exceptions to the first amendment. Obscenity is one, but that obviousy doesnt apply to poker.
2) another sort of exception is that providing direct information aiding illegal activity can be made illegal itself: if I verbally give you a drug dealers phone number so you can buy drugs, I have committed a crime, not engaged in protected speech.
3) but if I give you that number in the context of a long scholarly article on why drug laws should be changed, I may have still committed a crime, but the 1st Amendment would still stop the government from "banning" my article.

Sites wont get banned, though some may get prosecuted.

The 1st amendment does not apply to private businesses, nor does the due process clause. If an ICS dropped a site because the DOJ politely asked (not reguired) the ICS to do so, no consititutional violation has occurred. But the the site would have a case in court over possible breach of contract, and any site or internet user that continued to use the services of any ICS that did that should be ashamed.
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