Akeboun v. Moxie

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Akeboun v. Moxie
Coat of Arms of Cascadia.png
Supreme Court of Cascadia
Filed May 1, 2023
Argued May 5, 2023
Reargued
Decided May 14, 2023
Full Case Name Akeboun v. Moxies_hoe
Citations
Filing
Argument Argument
Reargument
Decision Decision
Related cases Cascadia v. AllStarPro90
Case history
Prior
Subsequent
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opinion, with Moxies_hoe being fined 130g; however with the court recommending for the Anti-Discrimination Act to be repealed and for the precedent of the court's jurisprudence to be based on Discord Terms of Service.
Court membership
Chief Justice
WrestlingWithGod
Associate Justices
Aurivia • Beamz30
Case opinions
Majority Beamz30, joined by WrestlingWithGod and Aurivia
Concurrence WrestlingWithGod
Concurrence Aurivia
Concurrence
Concurrence
Dissent
Dissent
Dissent
Recused:
Laws applied
Pub.L. 4-1; Nat. Const. art. I
Overruled by

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.