Akeboun v. Moxie: Difference between revisions
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[[''Akeboun v. Moxie'']] | {{InfoboxCourtCase | ||
|color=green | |||
|title=Akeboun v. Moxie | |||
|image1=[[File:Coat of Arms of Cascadia.png|100px]] | |||
|tribunalname=[[Supreme Court of Cascadia]] | |||
|filed=May 1, 2023 | |||
|argued=May 5, 2023 | |||
|decided=May 14, 2023 | |||
|fullcasename=''Akeboun v. Moxies_hoe'' | |||
|argument=[https://tickettool.xyz/direct?url=https://cdn.discordapp.com/attachments/1058546274795802724/1107388537826988083/transcript-ticket-0026.html Argument] | |||
|decision=[https://discord.com/channels/966171948520464444/1058611384608374854/1107383028558340178 Decision] | |||
|relatedcases=''[[Cascadia v. AllStarPro90]]'' | |||
|holding=The ruling in Cascadia v. AllStarPro90 is upheld and the Anti-Discrimination Act's coverage is extended to political opinion, with Moxies_hoe being fined 130g; however with the court recommending for the Anti-Discrimination Act to be repealed and for the precedent of the court's jurisprudence to be based on Discord Terms of Service. | |||
|headjudgetitle=Chief Justice | |||
|headjudge=WrestlingWithGod | |||
|others_title=Associate Justices | |||
|others=Aurivia • Beamz30 | |||
|majority=Beamz30, joined by WrestlingWithGod and Aurivia | |||
|concurrence1=WrestlingWithGod | |||
|concurrence2=Aurivia | |||
|lawsapplied=[https://docs.google.com/document/d/1ftnmqp_sQ1xTG0l0l4WZe4EE-5A9MZLIjKdOy406bUs/edit Pub.L. 4-1]; [https://docs.google.com/document/d/1yMHbF3_LMXcxvepi-jmDul4orlqx-p0gL7CoHxMf2oc/edit?usp=sharing Nat. Const. art. I] | |||
}}'''''Akeboun v. Moxies_hoe''''', 26 CSC. 523 (2023/5), was a landmark decision of the [[Supreme Court of Cascadia]] in which the Court upheld the ruling in ''[[Cascadia v. AllStarPro90]]'' (2023/3) regarding the coverage of the Anti-Discrimination Act and extended its coverage to also include protection from discrimination based off of political opinion.<br> | |||
The case arose from a lawsuit filed by then-House Speaker Akeboun against the private individual Moxies_hoe. Following Akeboun's introduction of a proposal in the House of Representatives to file articles of impeachment against then-President AghastBlock, former representatives Moxies_hoe reacted with the emojis "KYS", an acronym for "Kill yourself". The lawsuit was initiated by Akeboun as a redress of grievance and emotional damage due to Moxie's comment. Specifically, he claimed that under the Anti-Discrimination Act, whose periphery was upheld by ''Cascadia v. AllStarPro90'' (2023/3), the Anti-Discrimination Act was being violated by Moxie due to its ban on discrimination against a specific group or view, in this case a political group or view in opposition to President AghastBlock.<br> | |||
Moxie was represented in court by Public Advocate SayerQT who first argued that, due to precedent set in ''AllStarPro'', the Anti-Discrimination Act was to be enforced by a criminal prosecution and conviction, with damages being paid to the state, not to individual actors. The defense argued that Akeboun filing a civil trial for damages fell outside of the periphery of the ''AllStar'' ruling and thus requested a mistrial. The court rejected the request for a mistrial, and proceedings went on as planned.<br> | |||
The court, in a unanimous 3-0 decision, ruled in favor of Akeboun, with the majority opinion being written by Associate Justice Beamz30. The court held that while the Anti-Discrimination Act limited free speech, it is a necessary limit on free speech that had been upheld by precedent in rulings such as the aforementioned ''AllStar''. 50% of the fine to the state was granted to Akeboun for reparatory damages. Chief Justice WrestlingWithGod's concurring opinion detailed his wish for the House of Representatives to consider repealing the Anti-Discrimination due to its restrictions on freedom of speech and cluttering of the justice system, and for precedent to be set to deal with this on a Discord TOS basis rather than by law. The Anti-Discrimination Act was repealed less than a month after this ruling, leaving the precedent of Chief Justice wrestling's concurring opinion regarding Discord TOS's role in the moderation process of freedom remaining as court precedent. | |||
[[Category:Miscellaneous]] |
Latest revision as of 18:08, 29 October 2023
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Akeboun v. Moxies_hoe, 26 CSC. 523 (2023/5), was a landmark decision of the Supreme Court of Cascadia in which the Court upheld the ruling in Cascadia v. AllStarPro90 (2023/3) regarding the coverage of the Anti-Discrimination Act and extended its coverage to also include protection from discrimination based off of political opinion.
The case arose from a lawsuit filed by then-House Speaker Akeboun against the private individual Moxies_hoe. Following Akeboun's introduction of a proposal in the House of Representatives to file articles of impeachment against then-President AghastBlock, former representatives Moxies_hoe reacted with the emojis "KYS", an acronym for "Kill yourself". The lawsuit was initiated by Akeboun as a redress of grievance and emotional damage due to Moxie's comment. Specifically, he claimed that under the Anti-Discrimination Act, whose periphery was upheld by Cascadia v. AllStarPro90 (2023/3), the Anti-Discrimination Act was being violated by Moxie due to its ban on discrimination against a specific group or view, in this case a political group or view in opposition to President AghastBlock.
Moxie was represented in court by Public Advocate SayerQT who first argued that, due to precedent set in AllStarPro, the Anti-Discrimination Act was to be enforced by a criminal prosecution and conviction, with damages being paid to the state, not to individual actors. The defense argued that Akeboun filing a civil trial for damages fell outside of the periphery of the AllStar ruling and thus requested a mistrial. The court rejected the request for a mistrial, and proceedings went on as planned.
The court, in a unanimous 3-0 decision, ruled in favor of Akeboun, with the majority opinion being written by Associate Justice Beamz30. The court held that while the Anti-Discrimination Act limited free speech, it is a necessary limit on free speech that had been upheld by precedent in rulings such as the aforementioned AllStar. 50% of the fine to the state was granted to Akeboun for reparatory damages. Chief Justice WrestlingWithGod's concurring opinion detailed his wish for the House of Representatives to consider repealing the Anti-Discrimination due to its restrictions on freedom of speech and cluttering of the justice system, and for precedent to be set to deal with this on a Discord TOS basis rather than by law. The Anti-Discrimination Act was repealed less than a month after this ruling, leaving the precedent of Chief Justice wrestling's concurring opinion regarding Discord TOS's role in the moderation process of freedom remaining as court precedent.