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From: pes@bath63.ux63.bath.ac.uk (Paul Smee)
Newsgroups: news.stargate
Subject: Re: Try-out trial?
Message-ID: <977@bath63.ux63.bath.ac.uk>
Date: Thu, 16-Apr-87 06:30:31 EST
Article-I.D.: bath63.977
Posted: Thu Apr 16 06:30:31 1987
Date-Received: Sun, 19-Apr-87 09:58:04 EST
References: <103@stargate.UUCP> <301@gaia.UUCP> <759@looking.UUCP> <1913@hoptoad.uucp> <7876@utzoo.UUCP> <717@klipper.cs.vu.nl>
Reply-To: pes@ux63.bath.ac.uk (Paul Smee)
Organization: AUCC c/o University of Bath
Lines: 12
Keywords: court


It's a wee bit different in the States, in an important way.  There, too, in
order to test the legality of something (including the constitutionality of
a new law) you've got to commit the act (or break the law) and be taken to
court.  **However**, there is no guarantee that you will be able to get
the courts to regard your action as a 'symbolic action to test the law'.
In some cases (e.g. the cases in Massachusetts in the early Seventies involving
Dr. Baird distributing birth control info) the courts will be reasonable, and
will impose a symbolic punishment (say a dollar fine).  However you're always
running the risk that you will be well and truly done, to the full extent of
whatever punishment is allowed.  Depends on the judge, the mood of the jury,
the prevailing politics in the time and place, ...