Post 9kFfXPR2b1LFrTIJO4 by sir@cmpwn.com
(DIR) More posts by sir@cmpwn.com
(DIR) Post #9kFdB36OkVDYJlqhQO by sir@cmpwn.com
2019-06-26T21:28:10Z
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Are there any lawyers on the fediverse? I'm curious about how standing works. Is my understanding correct that if a law is put into effect that prohibits an activity I want to engage in, but I have not engaged in it prior to the law coming into effect, I have to break the law (i.e. engage in that activity) before I'm legally allowed to challenge the law?
(DIR) Post #9kFdTly2gDNag3rv5U by emsenn@tenforward.social
2019-06-26T21:31:24Z
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@sir IANAL but yes @codesections might know or know who to tag
(DIR) Post #9kFfJ3C2UiWGpDQlRQ by danielst@social.librem.one
2019-06-26T21:51:54Z
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@sir maybe @ben can answer that?
(DIR) Post #9kFfXP1s6bD0bPWD9k by patrick@georgi.family
2019-06-26T21:53:14.346063Z
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@sir "it depends". It helps to state whose laws you're looking at (going from sourcehut's pricing scheme, I assume you're in the US, so: US federal law? state law? something else entirely?) since rules and procedures vary.
(DIR) Post #9kFfXPR2b1LFrTIJO4 by sir@cmpwn.com
2019-06-26T21:54:37Z
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@patrick sorry, good point. Yes, I'm thinking about US federal law.
(DIR) Post #9kFsmSV2mcP777fnVo by PinkCathodeCat@cybre.space
2019-06-27T00:22:56Z
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@sir law student but yes.
(DIR) Post #9kFtQt1zYjmSz0MUmu by PinkCathodeCat@cybre.space
2019-06-27T00:30:17Z
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@sir law student in Australia but yes in most common law countries.
(DIR) Post #9kFtkBzDJBnLH1Gg8u by ross@social.rbs.io
2019-06-27T00:33:44Z
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@sirIt will depend on why you are arguing that the law should not apply. If it's for constitutional reasons, no. You can sue if the injury to you is actual or imminent. If it is for other reasons you may have to violate the law in order to get into court.
(DIR) Post #9kFuVnC0nGSsHGx4IC by sir@cmpwn.com
2019-06-27T00:42:24Z
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@ross seems like this would have a chilling effect
(DIR) Post #9kFx95O7HHePuYTgiu by ross@social.rbs.io
2019-06-27T01:11:47Z
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@sir Its a particular quirk of US law due to how the separation of powers doctrine shakes out. Courts are sharply constrained to only hearing actual "cases or controversies" since letting them rule on just any law would turn them into a quasi-legislature.