Akeboun v. Moxie: Difference between revisions
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|title=Akeboun v. Moxie | |title=Akeboun v. Moxie | ||
|image1=[[File:Coat of Arms of Cascadia.png| | |image1=[[File:Coat of Arms of Cascadia.png|100px]] | ||
|tribunalname=[[Supreme Court of Cascadia]] | |tribunalname=[[Supreme Court of Cascadia]] | ||
|filed=May 1, 2023 | |filed=May 1, 2023 | ||
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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> | 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 | 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 The Anti-Discrimination Act was repealed less than a month after this ruling, leaving the precedent of Chief Justice wrestling's concurring opinion regarding Discord TOS's role in the moderation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. On November 17, 2024, Cascadian voters ratified the 9th Amendment to the National Constitution, which prohibits national, local governments, and any state actor for discriminating based on certain characteristics, re-enshrining discrimination law. | ||
[[Category:Miscellaneous]] | |||
Latest revision as of 01:04, 2 December 2024
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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. On November 17, 2024, Cascadian voters ratified the 9th Amendment to the National Constitution, which prohibits national, local governments, and any state actor for discriminating based on certain characteristics, re-enshrining discrimination law.