At 4:24 PM -0700 5/6/99, Ernest Hua said:
I think the worst of Nelson's argument is precisely the "only a few people"
stretch, which, if turned on its face, would argue that Navajo or obscure
music can subject to restrictions without violation of 1st Amendment simply
because it is difficult to find that many people who understand it.
This "only a few people" argument should really be attacked directly to
prevent missteps at the Supreme Court level. Did the Appelate briefs have
anything to say about this argument?
Personally, I don't see how this is different from music. Relatively few
people can read music, and they are a similarly skilled population to those
who can read source code. Fewer can read well enough to sight-read or
sight-sing. No one would suggest that a song is not protected speech.
Jon
