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Topic: Bitcoin and The First Amendment - page 2. (Read 6597 times)

legendary
Activity: 1652
Merit: 2301
Chief Scientist
November 18, 2011, 02:05:38 PM
#5
If I recall correctly, the courts have ruled that "commercial speech" is not as protected-- so laws that restrict (for example) cigarette ads on television are OK.

Bitcoin transactions would, I think, be very likely to be classified by the courts as non-protected speech, if they were classified as 'speech' at all.
legendary
Activity: 1904
Merit: 1037
Trusted Bitcoiner
November 18, 2011, 12:17:29 PM
#4
In the United States, is Bitcoin constitutionally protected from the federal government by The First Amendment? Couldn't the transfer of information through the blockchain be considered speech?

Does the federal government even have the constitutional authority to regulate something such as Bitcoin?

All they have to say is "national security" and they can do anything
hero member
Activity: 950
Merit: 1001
November 18, 2011, 11:22:09 AM
#3
The only nationwide initiative in American history that has actually passed was the constitution when it was originally ratified. There's an ongoing effort to expand this system. http://ni4d.us/

But yeah, I agree with SaintFlow. They declared copyright infringement to be non-free speech already, and arbitrary illegal content can be inserted into the block chain by mischievous miners. The Man will find a way.
sr. member
Activity: 476
Merit: 250
The first is by definition not flawed.
November 18, 2011, 10:40:39 AM
#2
While I welcome that we can proclaim its protection under First Amendment wouldn't we need a preceedens?

Knowing what you know about your federal government:
Do you think that not having constitutional authority really stop "them" from
making up a new "law" that allows them to do what they want, when they
want?

I am not American - I remember vaguely there was such a thing as the initiative process which allowed the people
to make their own laws. I think it got abolished.....
newbie
Activity: 42
Merit: 0
November 18, 2011, 10:12:22 AM
#1
In the United States, is Bitcoin constitutionally protected from the federal government by The First Amendment? Couldn't the transfer of information through the blockchain be considered speech?

Does the federal government even have the constitutional authority to regulate something such as Bitcoin?
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