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opinion, with Moxies_hoe being fined 130g; however with the court recommending for the Anti-Discrimination Act to be repealed and for the precedent of the court's jurisprudence to be based on Discord Terms of Service.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