Georgia court: Assisted suicide restrictions unconstitutional, page 1

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Topic started on 6-2-2012 @ 03:38 PM by xuenchen

They have struck down a 1994 law !!!

I can see some logic in suppressing advertising of assisted suicide because of the offensive nature,
BUT, the courts say banning the "advertising" is unconstitutional.

The court cited free speech clauses found in the United States and Georgia constitutions

The court decision was unanimous.

Monday, February 6, 2012 10:17 EST -- RawStory article

The Georgia Supreme Court on Monday ruled that the state’s law banning people from advertising assistance for suicides violates free speech rights.

The court unanimously struck down the 1994 law on the grounds that it “restricts speech in violation of the free speech clauses” found in the U.S. and Georgia constitutions, according to The Associated Press.

here is the kicker:

In his majority opinion, Justice Hugh Thompson said that lawmakers could have chosen an outright ban, but instead chose to only restrict advertisements for suicide assistance.

Perhaps they change the law now to "ban" the entire practice ?

Is that the correct interpretation ?

Assisted suicide restrictions unconstitutional

reply posted on 6-2-2012 @ 05:16 PM by charles1952

Yes, you're right. The state legislature could pass a law banning assisted suicide. I would presume that advertising for a then illegal procedure would be found to be illegal.

But remember, there is no problem banning cigarette commercials from television, and restricting it in many other ways, so there is some line-drawing being done.

reply posted on 6-2-2012 @ 11:30 PM by xuenchen

Originally posted by charles1952
Yes, you're right. The state legislature could pass a law banning assisted suicide. I would presume that advertising for a then illegal procedure would be found to be illegal.

But remember, there is no problem banning cigarette commercials from television, and restricting it in many other ways, so there is some line-drawing being done.

That's a good comparison Charles.

Never thought of a cig commercial in the free speech light.

It could be the same thing !

Hmmm.

Some might even say smoking is a form of "assisted suicide".

reply posted on 6-2-2012 @ 11:48 PM by charles1952

reply to post by xuenchen

Dear xuenchen,

It's always a pleasure to talk with you.

I'm a big fan of free speech. I think there should be only narrow exceptions that have been well thought out. That's what the court seemed to be saying here. I'm just guessing, but I think that may be your opinion also.

So, where do you want to go from here? Wait until someone else joins us? Switch the subject to assisted suicide? Just conclude we're done? Something else? It's a pleasure to exchange thoughts with you.

With respect,
Charles1952

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