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The first sign was about midway through the argument, when Chief Justice John G. Roberts, Jr. - who is known to write out his opinions in long hand with pen and paper instead of a computer - asked what the difference was “between email and a pager?”
At one point, Justice Anthony Kennedy asked what would happen if a text message was sent to an officer at the same time he was sending one to someone else.
“Does it say: ‘Your call is important to us, and we will get back to you?’” Kennedy asked.
Justice Antonin Scalia wrangled a bit with the idea of a service provider.
“You mean (the text) doesn’t go right to me?” he asked.
Then he asked whether they can be printed out in hard copy.
“Could Quon print these spicy little conversations and send them to his buddies?” Scalia asked.
1 comment:
I can't think of a more convincing argument for term limits on the Supreme Court. Granted, Roberts and Scalia are pretty young but Kennedy's an oldster so I'm not surprised he's so clueless.
I don't have the proof in front of me but I remember reading that the SCOTUS always seems to be about a generation behind the White House and Congress, not to mention the public. This really proves how out of touch they are.
All that said, this sexting stuff seems like a pretty tricky topic. Not that we should encourage teens to send inappropriate texts but it's horrifying that teenagers are being charged with distributing child pornography over their ill-conceived revenge messages.
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