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Discussion on: Is DRM malicious code?

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Isaac Welch

Produced content is protected under the first amendment with all the liberties and restrictions their in, yet the speech of someone who reproduces that content is not protected. This is a contradictory notion and since the rest of law is subordinate to the Constitution the invalid part of the contradiction is the invalid part.

There is some nuance to be had concerning the fact that some speech is restricted under the first amendment, like yelling fire in a crowded theater, but unlike in those the enforcement isn't based on the content of the speech and then applied universally but based on the person speaking. The only other place in law that this is true is for those in political offices, which that fact alone I think should make anyone take pause at the validity of the law.