bobthefisher
Durka ninja
You can't stop the signal... and the fed was making it hard for cody
Sounded pretty good for our side. I love that female judge.
In sum, it is not at all clear that the State Department has any concern for the First Amendment rights of the American public and press. Indeed, the State Department turns freedom of speech on its head by asserting, "The possibility that an Internet site could also be used to distribute the technical data domestically does not alter the analysis…." The Government bears the burden to show that its regulation is narrowly tailored to suit a compelling interest. It is not the public’s burden to prove their right to discuss lawful, non-classified, non-restricted technical data.
SCOTUS will deny cert to the case.
It does indeed look like a preliminary injunction case at this point, so I expect there's more to come on this. Note, however, that the lower courts have essentially already decided the issue itself. I fully expect SCOTUS to deny cert to the main case as well, presuming that the lower courts remain consistent in their approach to this.
Two conservative justices have been seated in the 5th since they argued, so we'll see.
Cody R. WilsonVerified account @Radomysisky 2m2 minutes ago
The Supreme Court will not hear my appeal. I go back to Austin for years more of this ********.
Two months ago, the Department of Justice quietly offered Wilson a settlement to end a lawsuit he and a group of co-plaintiffs have pursued since 2015 against the United States government. Wilson and his team of lawyers focused their legal argument on a free speech claim: They pointed out that by forbidding Wilson from posting his 3-D-printable data, the State Department was not only violating his right to bear arms but his right to freely share information. By blurring the line between a gun and a digital file, Wilson had also successfully blurred the lines between the Second Amendment and the First.
"If code is speech, the constitutional contradictions are evident," Wilson explained to WIRED when he first launched the lawsuit in 2015. "So what if this code is a gun?”
The Department of Justice's surprising settlement, confirmed in court documents earlier this month, essentially surrenders to that argument. It promises to change the export control rules surrounding any firearm below .50 caliber—with a few exceptions like fully automatic weapons and rare gun designs that use caseless ammunition—and move their regulation to the Commerce Department, which won't try to police technical data about the guns posted on the public internet. In the meantime, it gives Wilson a unique license to publish data about those weapons anywhere he chooses.
"I consider it a truly grand thing," Wilson says. "It will be an irrevocable part of political life that guns are downloadable, and we helped to do that."