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Kennedy made a good point that punishing a simple falsehood sets a dangerous precedent. The Court suggested that publishing a falsehood with the intent that someone rely on it could be punished, if the statute was narrowly drawn to directly address the harm. That is pretty close to the point at which the falsehood ceases to be a victimless crime. I would limit the coverage of any criminal sanction for such communication to where there is an intent that someone rely on the false statements, there is actual reliance on the false statement, and such reliance causes actual harm. The harm should be real, like financial loss, but not just offended sensibilities.
Regards,
D-Ray
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Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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